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ter 128. An act to amend an act, and to re-enact an act, entitled "An act relating to revenue and taxation," which became a law November eleventh, eighteen hundred and ninety-two, the Governor not having signed or returned same to the House in which it originated within the time prescribed by the Constitution, and as amended by an act, entitled An act to amend an act, entitled An act relating to revenue and taxation, which became a law without the approval of the Governor November eleventh, eighteen hundred and ninety-two," which was approved June ninth, eighteen hundred and ninety-three and as amended by an act, entitled "An act to amend an act, entitled An act relating to revenue and taxation, approved November eleventh, eighteen hundred and ninety-two," which was approved March seventh, eighteen hundred and ninety-four, and as amended by an act, entitled An act to amend an act, entitled An act relating to revenue and taxation, which became a law without the approval of the Governor November eleventh, eighteen hundred and ninety-two," which was approved March fifteenth, eighteen hundred and ninety-four, and as amended by an act, entitled "An act to amend section one, article six, of chapter one hundred and three of Session Acts of one thousand eight hundred and ninety-one, ninety-two, ninety-three, entitled An act relating to revenue and taxation, which became a law November eleventh, eighteen hundred and ninety-two," which was approved March fifteenth, eighteen hundred and ninety-four, and as amended by an act, entitled "An act to amend section seven, article six, of an act relating to revenue and taxation," which was approved March nineteenth, eighteen hundred and ninety-four. And as amended by an act, entitled "An act to amend an act, entitled An act to amend an act, entitled An act relating to revenue and taxation, Session Acts, eigteen hundred and ninety-one, ninetytwo, ninety-three, which became a law, November eleventh, eighteen hundred and ninety-two, approved June ninth, eighteen hundred and ninety-three," which was approved March twenty-second, eighteen hundred and ninety-four. And as amended by an act, entitled "An act to amend an act, approved November eleventh, eighteen hundred and ninetytwo, relating to revenue and taxation, and to amend an amendment to said act of June ninth, eighteen hundred and ninety-three, relating to peddlers," which was approved March twenty-second, eighteen hundred and ninety-four and as amended by an act, entitled "An act to

amend and re-enact section nineteen of an ad act relating to revenue and taxation, approv eleventh, eighteen hundred and ninety-two, a section two, chapter forty-five, of the Session een hundred and ninety-four, the same being thousand one hundred and forty-seven of Statutes," which was approved March sevente hundred and ninety-six. And as amended by tled "An act to amend and re-enact section one titled An act regulating revenue and taxation, vember eleven, eighteen hundred and ninety-t May eighth, eighteen hundred and ninety-s amended by an act, entitled "An act to amen thousand one hundred and fifty-one of article one hundred and eight, revenue and taxati Statutes (General Statutes, 1078), acts eightee eighty-six." Approved May twelfth, eighteen ninety-seven, and amended by an act, entitle amend an act, entitled An act to regulate the property for taxation and the payment thereo non-residents of the counties in which the sa approved March nineteenth, eighteen hundre four," which was approved March seventeenth, dred, and as amended by an act, entitled "An the taxation of the shares of stock of nationa chapter twenty-three of the Session Acts of dred, approved March twenty-first, nineteen hu said act of November eleventh, eighteen hundr two, and as amended by the above-stated s and amendments thereto, as now amended a will read as follows

No. 1. Resolution directing the State Librarian to furnish Kentucky Statutes and Carroll's Code of Practice

man of the several committees and providing fo

same

No. 2. Resolution providing for the printing and distributi

ernor's Message

No. 3. Resolution favoring a change in the Constitution States so as to provide for the election of Senato gress of the United States by popular vote

No. 4. Resolution directing the joint committees on char tions, A. & M. College and Penitentiaries and Hou

to visit said institutions and investigate same and report upon their condition, and to provide for the payment of expenses if

said

committees

To. 5. Resolution for benefit of Moses Butcher..

..395

...396

Jo. 6. Resolution providing for the purchase of official manuals for the use of members of the General Assembly for distribution to certain officials

..397

Jo. 7.

To. 8.

Resolution for the benefit of John H. Stuart
Resolution to provide for the preservation of information as to
Kentucky volunteers in the Confederate army of the Rebellion,
and of the Spanish-American War

.398

.....

.398

Jo. 9. Resolution authorizing suit against the State of Kentucky for claims of Edward Hensley, deceased, on account of services rendered the Board of Commissioners of the Sinking Fund and exofficio directors of the Kentucky penitentiaries

.400

o. 10. Resolution authorizing suits against the Commonwealth of Kentucky for indebtedness incurred by the State militia for uniforms.401 To. 11. Resolution requesting Congress to remove all internal revenue taxes from tobacco

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402

o. 12. Resolution relative to the charges against Admiral Winfield Scott Schley

403

o. 13. Resolution to promote the plan for improving the Licking river, in the State of Kentucky

404

o. 14. Resolution to promote the improvements of Clark's river o. 15.

404

Resolution requesting Congressmen from this Commonwealth to favor a bill for the erection of a monument to the Tippecanoe battlefield

.405

o. 16. Resolution urging our senators and Representatives in Congress to insist upon a provision in naval appropriation bill requiring all war vessels to be built in navy yards of United States ......406 Jo. 17. Resolution requesting Congress to make such reparation as they can to Admiral W. S. Schley, and extending to him an invitation to visit the Legislature

407 Jo. 18. Resolution relative to prohibiting collectors of revenue from issuing licenses in local option districts ..... 408

Jo. 19. Resolution of thanks on behalf of the Third Kentucky Regiment in the late war with Spain, to Mrs. Flora Gowell and others, of Newport News, Virginia ..408

To. 20. Resolution providing for an adjournment of the General Assembly for the purpose of visiting the State institutions located at Lex

ington

..409

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LAWS

OF THE

STATE OF KENTUCK

PASSED AT A REGULAR SESSION OF THE GENERAL ASSEMBL
WHICH WAS BEGUN AND HELD IN THE CITY OF FRANK-
FORT ON TUESDAY THE SEVENTH DAY OF JAN-"
UARY, NINETEEN HUNDRED AND TWO.

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CHAPTER 1.

AN ACT to put the State Banks and Trust Companies on the footing with the National Banks of this State in reference t over-payment of taxes.

WHEREAS, A number of State and National banks trust companies of this State for several years, begin with the year eighteen hundred and ninety-three, have into the Treasury of this State taxes under and in acc ance with the Revenue Act of eighteen hundred and eig six, known as the Hewitt law, under which they were cept to a limited extent, given immunity from local ation; and,

WHEREAS, The Court of Appeals decided that all b and trust companies which had accepted the provision the Hewitt law were bound, under pain of forfeiting respective charters, to pay thereunder; and,

WHEREAS, It was finally decided by the Supreme C that the Revenue Act of November eleventh, eigh hundred and ninety-two, had superseded the act as to all but a limited number of banks; and,

entitled to

ements as taxes

panies of this State, with the small exception aforesaid, were compelled for all the years since and including eighteen hundred and ninety-three, to pay local taxes from which the Hewitt law exempted them, and to secure which exemption they paid more than was due to the State; and,

WHEREAS, By an act of the General Assembly of this State, approved March twenty-first, nineteen hundred, entitled "An act relating to taxation of the shares of stock of national banks," restitution is made to the national banks of the difference between what they had paid to the State under the Hewitt act and what they should have paid under the general revenue law of the State, if they had been liable to pay under that law; and,

WHEREAS, It is now deemed no more than just that the banks and trust companies shall be refunded the amount or taxes improperly paid to the State, thereby placing them upon the same footing of the national banks; therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That wherever any State bank or trust company has, for any year or years, paid State taxes under the Hewitt law in excess of the State taxes required by the general revenue law of this State for the same year or years, said bank shall be entitled to credit, and it shall be the duty of the Auditor to allow said bank or trust company credit by said excess upon State taxes hereafter required to be paid under the general revenue law,

Provided, That no bank or trust company shall be entitled to the benefits or privileges of this act until all legal demands against same for local taxes have been adjusted; and proof of payments or adjustments shall be filed with

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