Second. If the package shall be falsely branded or shall bear any statement, design or device regarding such apples which is false or misleading, or if the package bears any statement, design or device indicating that the apples contained therein are Kentucky "standard grade" and said apples when packed or repacked do not conform to the requirements prescribed by section one of this act.

§ 7. For the purposes of this act apples packed in closed packages shall be deemed to be adulterated if their quality or grade when packed or repacked does not conform to the marks upon the package.

§ 8. Any person who knowingly misbrands or adulterates apples within the meaning of this act, or who knowingly violates any of the provisions of this act, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished for the first offense by a fine not exceeding twenty-five dollars and not less than ten dollars; for the second offense by a fine not exceeding fifty dollars and not less than twenty-five dollars, and for the third and each subsequent offense by a fine not exceeding two hundred dollars and not less than fifty dollars, together, in all cases, with the costs of prosecution.

Whenever any such violation is with respect to a lot or shipment consisting of fifty or more closed packages, there may be imposed in addition to the above penalties, twenty-five cents for the first offense, fifty cents for the second offense and one dollar for each subsequent offense for each package in excess of fifty with respect to which such violation. is committed.

9. The enforcement of this act shall be vested in the Commissioner of Agriculture under rules and regulations to be adopted by him.

§ 10. No person shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the person from whom he received such articles to the effect that the same is not adulterated or misbranded within the meaning of this act. Said guaranty to be valid shall contain the true name and address of the person or persons making the sale, and in such case the guarantor shall be liable to the penalties of this act.

11. Definitions.-The word "person" as used herein shall be construed to include both the singular and plural, individuals, corporations, copartnerships, companies, socities and associations. The act, omission or failure of any officer, agent, servant, or employe acting within the scope of his employment or office shall be deemed the act, omission or failure of the principal. The words "closed package" shall mean a box, barrel or other package, the contents of which cannot be seen or inspected when such package is closed. The words "not hand-picked" shall include windfalls, drops and apples shaken or knocked from the tree by any agency.

§ 12. No person shall on behalf of any other person pack any fruit for sale, transportation, or distribution contrary to the provisions of this act.

13. This act shall not apply to unpacked apples actually transported in barrels to storage within this State until the same are removed from storage for the purpose of marketing, sale, transportation or distribution. The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of head, seventeen and one-eighth inches; distance between heads, twenty-six inches, circumference of

bulge, sixty-four inches outside measurement, representing as nearly as possible seven thousand and fifty-six cubic inches, provided that steel barrels containing the interior dimensions provided for in this section shall be construed as a compliance therewith.

§ 14. All acts or parts of acts inconsistent herewith are hereby repealed.

Approved March 24, 1916.

CHAPTER 80.

AN ACT creating the Thirty-sixth Judicial District of Kentucky; fixing the time of holding courts thereof; providing for the appointment of and election of a circuit judge and Commonwealth's attorney, and changing the Twenty-third, Thirty-first and Thirty-second Judicial Districts of Kentucky so as to provide for said Thirty-sixth District, and fixing the time for holding the courts in said district and in the other districts affected.

Whereas, there has been a large increase of population and a large development of resources in the present Thirty-second Judicial District and the Thirty-first Judicial District and Twenty-third Judicial District, so much so that it is impossible for the judge to do the work required of the courts in said districts in the time now allotted, and,

Whereas, by reason of these facts the business of said districts is congested and in some of the counties it is possible to complete the business in the time fixed by law; therefore,

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

§ 1. The Thirty-sixth Judicial District of Kentucky is hereby created and shall be composed of the counties of Wolfe, Morgan and Magoffin; the Thirty-second District of Carter, Lawrence and Elliott; the Thirty-first District of Knott and Floyd,

1

and the Twenty-third District of Breathitt, Lee and Estill.

2. The present Judge and Commonwealth's Attorney in the Thirty-second, Thirty-first and Twenty-third Districts shall remain in force and be unchanged for the time provided by law. The Governor shall appoint and commission a Circuit Judge and Commonwealth's Attorney in the Thirty-sixth Judicial District, who shall hold their offices until their successor is elected and qualified. An election shall be held in said district to elect a Circuit Judge and Commonwealth's Attorney at the regular November election, nineteen hundred and sixteen, to succeed the officers appointed under this act. The time of holding court in the Thirty-sixth Judicial District shall be in Wolfe county beginning the first Monday in February, the fourth Monday in May and the first Monday in September, and continue each term for eighteen juridical days; in Morgan county first Monday in March, third Monday in June and fourth Monday in September, and continue eighteen juridical days; in Magoffin county first Monday in April, third Monday in July and second Monday in October, and continue eighteen juridical days.

$ 3. In the Thirty-second District the court shall be held as follows: In Carter county the first Monday in January, first Monday in May and first Monday in September, and hold thirty juridical days at each term; in Lawrence county second Monday in February, second Monday in June, second Monday in October and hold twenty-four juridical days at each term; Elliott county third Monday in March, third Monday in July, third Monday in November and hold eighteen juridical days at each term.

§ 4. In the Thirty-first Judicial District the court shall be held as follows: Floyd county first Mon

day in February, third Monday in May, first Monday in September, and hold forty-two juridical days at each term; Knott county first Monday in April, fourth Monday in July and second Monday in November, and hold eighteen juridical days at each term.

§ 5. In the Twenty-third Judicial District the courts shall be held as follows: Breathitt county first Monday in January, first Monday in April, first Monday in July, and hold thirty-six juridical days, and they July term may be divided so as to hold a term on the first Monday in October, for thirty-six juridical days. In Lee county the court shall be held as follows: Commencing on the following Monday after the close of the terms held in Breathitt county which commence in January, April and October, and continue eighteen juridical days. In Estill county the courts shall be held as follows: Commencing on Monday following the end of the terms in Lee county and continuing eighteen juridical days, but in determining the Monday on which court shall begin in Lee and Estill counties, it shall always be considered that the full term is to be held in Breathitt and the full term in Lee.

(Neither approved nor disapproved by the Governor).

CHAPTER 81.

AN ACT to provide for the erection, organization and maintenance of county high schools jointly by two or more adjacent counties, and to allow pupils to attend high schools in counties other than their own.

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