track, trail, or injure any deer, or elk, at any time, shall, upon conviction be fined not less than fifty dollars nor more than one hundred dollars for each offense, and on failure to pay such fine, shall be confined in the county jail or workhouse, or placed at labor on any of the public works of the county in which he is convicted and fined, for a length of time rot exceeding one day for every one and one-half dollars of said fine. Any dog or dogs used, attempted to be used for or found running, chasing, tracking, trailing or injuring any deer or elk, is hereby declared to be a public nuisance, and it shall be lawful for any person to kill any such dog or dogs.

Approved March 22, 1916.

CHAPTER 32.

AN ACT to amend and re-enact Section 3637 of the Kentucky Statutes, Carroll's Edition, being a part of Article VI of an Act of July 3, 1893, entitled "Municipal Corporations, Cities of the Fifth Class," so as to permit the council of such cities through its Mayor, to sell, convey and transfer to the United States Government water front, or a portion thereof when needed to improve navigation.

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

That Section 3637 of the Kentucky Statutes, Carroll's Edition, being a part of Article VI of the Act of July 3, 1893, entitled Municipal Corporation, Cities of the Fifth Class, be amended by the addition thereto of the following words, to-wit:

"Provided, further, that in the event that the United States Government shall require for purposes of improving navigation by building locks and dams, or other structures tending to the improvement of rivers and facilities for water transporta tion along such water front, then in such event, the

city council of such cities of the fifth class, through its mayor, shall have power to sell, convey and transfer to said United States Government such water front, or such portion thereof as may be required by said United States Government for such purpose or purposes."

And re-enacted to read as follows, viz:

"Section 3637. The city council of such city shall have power to pass ordinances not in conflct with the Constitution or laws of this State, or of the United States; to contract for applying the city with water and lights; to purchase, lease, or receive such real estate and personal property as may be necessary and proper for municipal purposes, and to control, cispose of and convey the same for the benefit of the city; Provided, That they shall not have the power to sell or convey any portion of any water front, but may rent such water front for a term not exceeding twenty years, except the wharf privileges, which shall not be leased for more than five years;

Provided, further, That in the event that the United States Government shall require for purposes of improvement navigation by building locks and dams, or other structures tending to the improvement of rivers and facilities for water transportation along such water front, then in such event, the city council of such cities of the fifth class, through its mayor, shall have power to sell, convey, and transfer to said United States Government such water front, or such portion thereof as may be required by said United States Government for such purpose or purposes."

All laws or parts of laws in conflict with this act are hereby repealed.

Approved March 23, 1916.

Acts-12

CHAPTER 33.

AN ACT to provide an elective system of workmen's compensation for industrial accidents, prescribing the manner of election and the rights and liabilities of employers, employes and third parties; making provision for medical and surgical care of injured employes; establishing rates of compensation for personal injuries or death; providing methods of insuring and securing the payments of such compensation; making minors sui juris for certain purposes; creating a board to administer this act, prescribing the duties, powers and rights thereof and imposing a tax upon insurance premiums also a tax upon employers who carry their own risk for the maintenance of such board and providing a system of appeal to the courts from the decisions of such board; prescribing certain penalties, with an emergency clause, and appropriating certain sums to meet the expenses of putting this act into effect, and repealing all laws and parts of laws in conflict herewith, to the extent of such conflict.

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

$ 1. This act shall apply to all employers having five or more employes regularly engaged in the same occupation or business and to their employes, except that it shall not apply to domestic employment, agriculture, steam railways, or such common carriers, other than steam railways, for which a rule of liability is provided by the laws of the United States. It shall affect the liability of the employers subject thereto to their employes for personal injuries sustained by the employe by accident arising out of and in the course of his employment or for death resulting from such accidental injury; provided, however, that personal injury by accident as herein defined shall not include diseases except where the disease is the natural and direct result of a traumatic injury by accident, nor shall they include the results of a pre-existing disease.

Any employers and employes who are, by the provisions of this section, excepted from the provisions of this act may subject themselves thereto by joint voluntary application to the board, in writing, for such period as may be stated in the application, which shall be irrevocable during such period and effective thereafter until a written revocation be filed with the board or the employment be terminated.

$ 2. The term "employer" as used in this act shall be construed to include municipal corporations and any political subdivision or corporation thereof, and any election with reference to this act shall be exercised by the law-making or other governing body thereof; provided, however, that nothing contained in this act shall be construed as amending or repealing any statute or ordinance relating to associations or funds for the relief, pensioning, retirement or other benefit of any employes of such municipal employer, or of the widows, children or dependents of such employes, or as in any manner interfering with the same as now or hereafter established.

§ 3. Whereas, at the time of the injury, both employer and employe have elected to furnish or accept compensation under the provisions of this act for a personal injury, received by an employe by accident and arising out of and in the course of his employment, or for death resulting from such injury, within two years thereafter, the employer shall be liable to provide and pay compensation under the provisions of this act and shall be released from all other liability, whatsoever; provided, however, that if injury or death result to an employe through the deliberate intention of his employer to produce such injury or death, the employe

or his dependent as herein defined shall receive the amount provided in this act in a lump sum to be used, if they so desire to prosecute the employer, and said dependents shall be permitted to bring suit against said employer for any amount they may desire that if injury or death results to an employe through the deliberate intention of his employer to produce such injury or death, the employe or his dependents as herein defined shall have the privilege to take under this act, or in lieu thereof, to have a cause of action at law against such employer as if this act had not been passed for such damages so sustained by the employe, his dependents or personal representatives as may be recoverable at law. If a suit is brought under this section, all right to compensation under the provisions of this act shall thereby be waived and void as to all persons, and if a claim is made for the payment of compensation or any other benefit provided by this act, all rights to sue the employer for damages on account of such injury or death shall thereby be waived and void as to all persons.

Notwithstanding anything hereinbefore or hereafter contained no employe or dependent of any employe shall be entitled to receive compensation on account of any injury to or death of an employe caused by a wilful self-inflicted injury, wilful misconduct or intoxication of such employe.

§ 4. In addition to all other compensation herein provided, such medical, surgical and hospital treatment, including nursing, medical and surgical supplies and appliances as may reasonably be required at the time of the injury and thereafter during disability, but not exceeding ninety days unless the board shall, by order made within that time, otherwise direct, not exceeding a total expense to