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That Section 1, subdivision 1, article 13, chapter 22 of the Acts of the General Assembly of 1906, be amended by adding after the words "Secretary of State" therein the following, to-wit:

Provided, that any corporation which has not heretofore paid the organization tax upon any or all of its capital stock, and which, by amendment of its charter, changes its name, increases its powers, enlarges its scope, or prolongs its corporate life, shall, upon the filing of such amendment, pay the tax as above provided, upon its entire capital stock, or so much thereof as has not theretofore borne the tax. So that said section, when amended shall read as follows:

1. Every corporation which may be incorporated by or under the laws of this State, having a capital stock divided into shares, shall pay into the State Treasury one-tenth of one per centum upon the amount of capital stock which such corporation is authorized to have, and a like tax upon any subsequent increase thereof. Such tax shall be due and payable on the incorporation of the company and on the increase of the capital stock thereof, and no such corporation shall have or exercise any corporate powers until the tax shall have been paid, and upon payment it shall file a statement thereof with the Secretary of State.

Provided, that every corporation which has not heretofore paid the organization tax upon any or all of its capital stock, and which, by amendment of its charter, changes its name, increases its powers, enlarges its scope, or prolongs its corporate life, shall, upon the filing of such amendment, pay the tax as above provided, upon its entire capital stock, or so much thereof as has not theretofore borne the tax.

Approved March 24, 1916.

CHAPTER 78.

AN ACT for the benefit of the Kentucky Normal and Industrial Institute for Colored Persons.

Whereas, the present maintenance fund of the Kentucky Normal and Industrial Institute for Colored Persons is not sufficient to pay its current running expenses and provide proper training for colored boys in agriculture and farm labor, therefore.

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

That the sum of five thousand two hundred and fifty dollars be, and the same is, hereby appropriated for this fiscal year, and for each succeeding year, out of any money not otherwise appropriated, for the benefit of the Kentucky Normal and Iudustrial Institute for Colored Persons, Frankfort, Kentucky, and the same is directed to be paid by the Treasurer of the State to the Treasurer of the said Kentucky Normal and Industrial Institute for Colored Persons upon warrant or warrants issued by the Auditor of Public Accounts, who is hereby directed to draw and issue said warrant or warrants for the purpose aforesaid.

Approved March 24, 1916.

CHAPTER 79.

AN ACT to regulate the grading, packing, marking, shipping and sale of apples, and also to name the standard barrel for same.

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

§ 1. That the standard grades or classes for apples grown in this State when packed in closed packages shall be as follows:

First. Kentucky standard fancy grade shall consist of apples of one variety, which are well-grown specimens, hand-picked, properly packed, of good color for the variety, normal shape, free from dirt, disease, insect and fungus injury, bruises and other defects except such as are necessarily caused in the operation of packing.

Second. Kentucky standard "A" grade shall consist of apples of one variety which are well-grown specimens, hand-picked, properly packed, of good color for the variety, normal shape, practically free from dirt, diseases, insect and fungus injury, bruises and other defects except such as are necessarily caused in the operation of packing; or apples of one variety which are not more than ten per centum below the foregoing specifications on a combination of all defects or five per centum on any single defect.

Third. Kentucky standard "B" grade shall consist of apples of one variety which are well matured, hand-picked, properly packed, practically normal shape, practically free from dirt, diseases, insect and fungus injury, and which may be of medium or less than medium color for the variety; or apples of one variety which are not more than ten per centum below the foregoing specifications on a combination of all defects or five per centum on any single defect.

Fourth. Unclassified.-Apples not conforming to the foregoing specifications or grade, or, if conforming, are not branded in accordance therewith, shall be classed as unclassified and so branded. The minimum size of the fruit in the package shall also be branded upon it as hereinafter specified and in addition to the other marks hereinafter required.

The marks indicating grade as above prescribed. may be accompanied by any other designation of grade or brand if that designation or brand is not

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inconsistent with or marked more conspicuously than the one of the said fore marks, which is used on the said package. Apples packed and branded in accordance with the United States law approved August third, nineteen hundred and thirteen, shall be exempt from the provisions of this act.

The minimum size of the fruit in all classes or grades, including the unclassified, shall be determined by taking the transverse diameter of the smallest fruit in the package at right angles to the stem and blossom end. Minimum sizes shall be stated in variations of one-quarter of an inch, like two inches, two and one quarter inches, two and one-half inches, two and three quarter inches, three inches, three and one quarter inches, and so on, in accordance with the facts.

Minimum sizes may be designated by figures instead of words. The words "minimum" may be designated by using the abbreviation "min."

A tolerance or variation of five per centum on size shall be allowed in all classes, but such five per centum shall not be in addition to the variations or tolerances for defect provided in grades "A" and "B."

2. Every closed package containing apples grown in the State of Kentucky which is packed, sold, distributed, transported or offered or exposed for sale, distribution or transportation in the State by any person shall bear upon the outside of one end in plain letters and figures the name and address of the packer or the person by whose authority the apples were packed and the package marked, the true name of the variety, the grade or class of the apples therein contained and the minimum size of the fruit in the package, as provided by section one. If the true name of the variety shall not be

known to the packer or the person by whose authority the package is packed or branded, then such variety shall be designated as "unknown." Every package of apples which is repacked shall bear the name and address of the repacker or the name of the person by whose authority it is repacked and place of that of the original packer.

3. It shall be unlawful for any person within this State, except under the percentages of tolerance and variation, as allowed by paragraphs second and third of section one relating to Kentucky standard "A" and "B" grades, to pack, sell, distribute, transport, offer or expose for sale in closed packages apples which are not hand-picked or which are wormy or diseased, or which show fungus or scab injury, unless such fact or facts shall be plainly stated by the use of the words "not hand-picked," "wormy," "diseased," "fungused," or "scabby," as the case may be, said words to be branded upon the outside of the same end of the package on which the marks prescribed section two shall appear.

§ 4. The marks or brands prescribed by sections one, two and three shall be in block letters and figures of size not less than thirty-six point Gothic.

§ 5. It shall be unlawful for any person within the State to pack, sell, distribute, transport, offer or expose for sale, distribution or transportation, apples which are adulterated or misbranded within the meaning of this act.

§ 6. For the purposes of this act apples packed in a closed package shall be deemed to be misbranded:

First. If the package shall fail to bear all statements required by sections one, two and three.

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