election, to open a poll in said proposed graded common school district, at the next regular State, town or city election to be held therein, or on any other day fixed by said judge in said order, not in either case earlier than forty days from the date of said order, for the purpose of taking the sense of the legal white voters in said proposed graded common school district upon the proposition whether or not they will vote an annual tax, in any sum named in said order, not exceeding fifty cents on each one hundred dollars of property assessed in said proposed graded common school district, town or city belonging to said white voters or corporations, or a poll tax in any sum named in said order not exceeding one dollar and fifty cents per capita on each white male inhabitant over twenty-one years of age residing in said proposed graded common school district, or both an ad valorem and a poll tax, if so stated in the order, for the purpose of maintaining a graded common school in said proposed graded common school district, and for erecting, purchasing or repairing suitable buildings therefor if necessary.

PROVIDED, That the proposition to establish any graded common school district, as provided for in this section, is approved in writing, on the petition to the county judge by the county board of education, and also by the county superintendent of common schools; that no point on the boundary of any proposed graded common school district be more than two and one-half miles from the site of the school building and that the location and site of said school building in said district are set out with exactness in said petition, and that the district contains not less than one hundred pupil children.

If at any time it becomes desirable to either extend or decrease the boundary of a graded common school

a majority of the legal voters in the territory which is proposed to be changed may file a written petition in duplicate, one copy with the board of trustees of the graded common school and one copy with the county board of education. Said petition shall set out with exactness the names of all persons within the territory to be changed and shall show the change in the boundary of the district as proposed by the change. If the petition shall be approved by the board of trustees of the graded common school and the county board of education, an order shall be so made on the records of each board and the change shall be effective at once.

All graded common schools which have been previously established under the general, or under any special law of the State, or any such school that may hereafter be established shall operate and maintain a high school of equal rank to that required by law to be maintained by the county board of education, or pay the tuition of all pupils residing in the graded school district who are eligible and enter the high school, the county high school or other public high school which maintains a course of study required by law and which has been approved by the State Board of Education.

Any graded common school may cease to operate under the provisions of the graded common school law and becomes a part of the county or city school system in which it may be located by a majority vote of the legal voters of the graded school district; the vote when taken to be in the same manner and governed by the same laws as when the said graded school was established.

(Neither approved nor disapproved by the Governor.)

CHAPTER 101.

AN ACT regulating roving horse traders.

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

Each head of a family who may travel from one point to another in this State, in a wagon or wagons camping on or near a public highway for the purpose of trading in horses, buying or selling or swapping, with or without boot, and having no other visible means of support, shall first buy a license tag from each county clerk in the county he or she may wish to operate, which tag shall be serially numbered with the year it was issued in large letters and placed in some conspicuous part of the wagon so it may be easily read at a distance of thirty feet. This license shall be good for only the year it bears the date. The clerk granting the license shall do it on satisfactory proof of the good moral character of the person or persons to whom it is issued, and he shall keep a record of such license in his office, also a description of the person or persons to whom they are issued, his or her name, age, height, weight, color of eyes and hair, and last permanent residence, which license shall sell for ten dollars and the fees to the clerk for issuing them, which license is not transferable.

Any person violating any provisions of this act shall be guilty of a misdemeanor and shall be fined not less than twenty-five nor more than one hundred dollars.

(Neither approved nor disapproved by the Governor.)

CHAPTER 102.

AN ACT to repeal the charter of the town of Fiat Gap, in Johnson County.

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

The act incorporating the town of Flat Gap, in Johnson County, is hereby repealed, and the charter of said town is hereby annulled.

(Neither approved nor disapproved by the Governor.)

CHAPTER 103.

AN ACT to amend Section 965, Kentucky Statutes, relating to circuit courts in the Fifth Juridical District.

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

That Section 965 of the Kentucky Statutes, in so far as it relates to the Fifth Circuit Court District be, and the same is hereby amended by striking from said section all that part which relates to the time of holding courts in the Fifth Circuit Court District, and inserting in lieu thereof the following:

Fifth District.-Henderson County, at Henderson, on the first Monday in January and September, and continue forty-eight juridical days each term, and on the first Monday in May, and continue thirty juridical days. Union County, at Morganfield, on the first Mondays in March and November and continue twenty-four juridical days each term, and on the second Monday in July, and continue eighteen juridical days. Webster County, at Dixon, on the first Mondays in April, August and December and continue twenty-four juridical days each term.

(Neither approved nor disapproved by the Governor.)

CHAPTER 104.

AN ACT to change the time of holding the regular terms of the circuit courts in the county of Cumberland in the Twentyninth Judicial District.

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

§ 1. That the regular terms of the circuit courts in the county of Cumberland shall commence in each year on the third Monday in March, July and November, and that each term shall continue twelve judicial days, if the business of the court require it. § 2. That all acts and parts of acts in conflict with this act are hereby repealed.

(Neither approved nor disapproved by the Governor.)

CHAPTER 105.

AN ACT to amend section number 694 of the Civil Code of
Practice.

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

That section number 694 of the Civil Code of Practice be amended by adding at the end thereto, the following, namely: "But the holder of a prior lien may enforce the same when the debt thereby secured is due, notwithstanding the existence of inferior liens, whether the debts secured thereby are due or not; and the holder of an inferior lien, when the debt thereby secured is due, may enforce the same by a sale of the land subject to a prior lien or liens thereon, where the debt or debts secured thereby are not yet due," so that the said section, as amended will read as follows, namely:

(1) Before ordering a sale of real property for