CHAPTER 25. AN ACT amending an Act entitled: "An Act for the government of cities of the fourth class." Approved June 28, 1893. Be it enacted by the General Assembly of the Commonwealth of Kentucky: $1. That an act entitled "An act for the government of cities of the fourth class" and approved June 28, 1893, be, and the same is hereby amended by striking out section 35 of said act, said section being section 3517 of the Kentucky Statutes, and inserting in lieu thereof the following, viz.: paid to cities. "S3517. All fines and forfeitures recovered in any Fines to be court, the prosecution of which originated in the Police Court, in the name of or in favor of the Commonwealth of Kentucky, for violation of the penal laws committed within said city's police jurisdiction, are hereby granted to the city without regard to which court the final judgment is rendered in, and when collected either in the Police Court, the Circuit Court of the county in which said city is located, or in the Court of Appeals, after payment of all fees and costs, the proceeds of said judgment shall be paid to the Treasurer of said city. When an appeal is taken from a judgment of a police court under the penal laws of Kentucky, it shall be the duty of the City Attorney of said city to represent the Commonwealth in said case in any court to which it may be appealed, and it shall not be the duty of the Commonwealth's Attorney or County Attorney to so represent the Commonwealth in such appealed case or cases. When judgment is rendered in favor of the Commonwealth in such appealed cases it shall be the duty of the City Attorney to take all steps necessary for the collection of said fine or forfeiture and for the enforce Emergency. ment of said judgment. When in the enforcement of a judgment in a case appealed from the Police Court it is necessary to imprison the defendant, the cost of the imprisonment shall be paid by the city." § 2. All acts and parts of acts in conflict with this act are hereby repealed. $3. WHEREAS, a large number of cases under the penal laws of the State have been, and are being, appealed from the police courts of cities of the fourth class, which will prevent said cities from collecting the judgments herein granted them, an emergency is declared to exist, and this act shall take effect immediately upon its approval by the Governor. Approved March 19, 1908. CHAPTER 26. AN ACT to amend Section 1882 of Chapter 52, Article 5, of the Be it enacted by the General Assembly of the Commonwealth of Kentucky: That section 1882, article 5, chapter 52 of the Kentucky Statutes, Carroll's edition of 1903 be amended as follows: In the sixth line of said section after the word "Kentucky," omit the period, and insert a comma, and the following words: "or said poll tax of one dollar and fifty cents or less, may be applied to the maintenance of the public roads of the respective counties of this Commonwealth, and when so applied the Fiscal Court shall enter an order to that effect." So that said section as amended shall read as follows: levy tax for "The Court of Claims or levy, or Fiscal court, of Authority to each county in this Commonwealth is hereby road purposes. authorized to levy and collect a poll and ad valorem tax to pay off the existing current indebtedness, and to defray the current and necessary expenses of the respective counties of the Commonwealth of Kentucky, or said poll tax of one dollar and fifty cents or less may be applied to the maintenance of the public roads of the respective counties of this Commonwealth, and when so applied the Fiscal Court shall enter an order to that effect. But this act shall not be construed so as to authorize the Court of Claims or Fiscal Court of any county to levy a tax to pay any railroad bonded indebtedness or any interest on any such indebtedness. That the poll tax shall not exceed $1.50 on each male person of the age of 21 years or more residing in the county. The ad valorem tax shall not exceed 50 cents on the one hundred dollars worth of taxable property assessed in the county." Approved March 19, 1908. CHAPTER 27. AN ACT appropriating ten thousand dollars for the purpose of restoring the monument to Henry Clay in the Lexington Ceme tery. Be it enacted by the General Assembly of the Commonwealth of Kentucky: for restoration of Henry Clay. $1. That there be, and is hereby, appropriated $10,000.00 out of any money in the treasury not otherwise ap- of monument propriated, the sum of ten thousand dollars for the purpose of restoring the monument to Henry Clay in the Lexington cemetery. Said sum to be expended, together with any other sums which may be con- Section one CHAPTER 28. AN ACT to amend Chapter 18 of the Acts of 1906, entitled: "An Act creating and establishing a Board of Commissioners to be knows as the Kentucky State Board of Control for Charitable Institutions and prescribing its duties and powers." Be it enacted by the General Assembly of the Com· monwealth of Kentucky: § 1. That section one of an act creating and estabto be amended. lishing a Board of Commissioners to be known as the Kentucky State Board of Control for Charitable Institutions and prescribing its duties and powers be amended as follows: "So much of said section one, beginning with the words 'said Board shall consist of three members, to be appointed by the Governor,' and ending with the words, 'and thereafter the term of the successors shall be four years from said date, be stricken out and in lieu thereof there shall be inserted in said section the following words: 'Said Board shall consist of four members to be appointed by the Governor, by and with the consent of the Senate, for a term of four years or until their successors are appointed and qualified. Provided, That two members of said Board shall always be selected from the political party which polled the largest number of votes in the last preceding State election before said appointment is made, and two members Board to consist of four members. from the political party which polled the next largest number of votes in said preceding election. The purpose of the change in the Statute is to make said Board of Control bi-partisan, and it appearing that as constituted at this time said Board of Control consists of two Democrats and one Republican, now to carry into effect the purposes of this change in the Statutes, the Governor is hereby empowered to appoint one additional member of said Board who shall be a Republican, that party having polled the greatest number of votes in the last preceding general State election, and whose term of office shall expire on the first day of January, 1911, and thereafter the term of his successor shall be four years from said first day of January, 1911." Said section of said act as amended shall read as follows: sist of four "That a Board of Commissioners is hereby created, to be known as the Kentucky State Board of Control for Charitable Institutions, to manage and govern the three asylums for the insane and the Feeble Minded Institute, at Frankfort. Said Board shall consist of four members to be appointed by the Governor, by and with the advice of the Senate, for a term of four years, and until their successors are appointed and qualified. Provided, That two members of the said Board of Board shall always be selected from the political Control to conparty which polled the largest number of votes in the members. last preceding State election, before said appointment is made, and two members from the political party casting the next largest number of votes in the last preceding election. The purpose of the change in the Statute is to make said Board of Control bipartisan, and it appearing that as constituted at this time, said Board of Control consists of two Democrats and one Republican, now to carry into effect the purpose of this change in the Statute, the Governor is hereby empowered to appoint one additional member of said Board who shall be a Republican, and |