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hundred dollars for each offense. Each day any such business is carried on in violation of the provisions of this Act shall be deemed a separate offense.

9. Who May Proceed.--It shall be the duty of any regular agent of the Auditor of the State of Kentucky in each county where such offense may be committed, or any special agent appointed by the Auditor of the State of Kentucky for the purpose, to procure a warrant for the arrest of any one so offending, which warrant shall be issued by any officer authorized to issue warrants in such county, and the party offending shall be arrested and forthwith brought for trial before a justice of the peace or the county judge of the county in which such offense is committed, and it shall be the duty of the county attorney of such county to prosecute the accused.

§ 10. Persons Who Shall Not be Granted License-Penalties.-No person shall be granted a license to do business who has engaged in such business, or has sold any such articles without license. within six months next preceding the time application is made, who will not, in addition to the regular license tax, pay a sum equal to twenty per cent thereof, nor shall license be granted to any person who refuses to answer, under oath, which shall be administered by the county judge at the time application is made, whether he or his agent has, within six months next before the time of the application been guilty of engaging in such business, or selling such articles without license therefor, and any person making a false statement on such examination shall be deemed guilty of false swearing.

§ 11. That Section 4217 and 4217a of the Kentucky Statutes, and all other laws and parts of laws

inconsistent with the provisions of this act are hereby repealed.

12. This act shall take effect from and after its

passage.

(Neither approved nor disapproved by the Governor.)

CHAPTER 112.

AN ACT for the benefit of graded schools under special charters and having an endowment fund.

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

That the trustees of any graded school districts created by a special act, and having a school fund other than that provided by general law may have the power and are hereby authorized and empowered to issued coupon bonds of such graded school district to a sum not exceeding fifty thousand dollars ($50,000.00), bearing interest from date of delivery, interest payable semi-annually at the rate of five per cent.

The proceeds of said bonds to be used for the purpose of erecting a high school in such district, or otherwise relieving the congestion now existing in the buildings and grounds of such graded school districts. Said bonds to be of the denomination of one hundred ($100) and five hundred ($500) dollars at the discretion of the board of trustees, payable in twenty years, but with the privilege reserved by the district to pay same or any part thereof at the end of ten years; said bonds to be signed by the chairman of the board of trustees of said district and attested by the secretary alone, and may be attested by stencil signature.

Said bonds and coupons to be paid in the manner

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and at the time and place provided by the aforesaid board of trustees, but before said bonds or any of them are issued, the question as to the issual of same shall be submitted by the board of trustees of such graded school district to all the legal white voters of said district and the same shall not be issued unless two-thirds of all of the legal white voters in said district voting at said election shall vote in the affirmative upon the following question:

"Are you in favor of the issue of bonds not exceeding fifty thousand dollars ($50,000.00) by the trustees of this graded school district for the purpose of building and equipping a high school and in order to relieve the congestion now existing in the said graded school district, and to furnish reasonable accommodation and facilities to the teachers and pupils in said school district?"

Which is the sole question to be propounded to the voters at said election and if two-thirds of all of the legal white voters voting at said election fail to vote for same, said bonds will not be issued, but said trustees shall have the privilege of submitting said question again any time after thirty days from the date of said election.

The said election shall be held at a reasonably convenient place or places to all of the legal voters in said district between the hours of 9 o'clock a. m. and 4 o'clock p. m., on the day named by the trustees and said board of trustees shall give notice of said election and the place or places thereof, and the question to be submitted to the voters by two insertions in all of the papers published in said school district and by printed notices at least thirty public places in said district for not less than fifteen days preceding the day of the election. The said board to appoint the officers of said election, who are to have

the same qualifications as required by the general law of the State.

If said election results in two-thirds of those voting at the election for the issue of said bonds, it shall be the duty of the board of trustees to issue same and further their duty to levy an annual tax of not exceeding twenty-five cents (25c) on each one hundred dollars ($100) for the erection and maintenance of said high school and to otherwise relieve the congestion hereinbefore set out. The details of the levy and collection of said tax to be left to the discretion of the board of trustees.

Whereas, there is such a congestion in the buildings and grounds in some of the graded schools referred to in this act, as greatly impairs the usefulness of said schools an emergency is declared to exist, and this action is to take effect from and after its passage and approval.

(Neither approved nor disapproved by the Governor.)

CHAPTER 113.

AN ACT to amend and re-enact Sections three thousand five hundred sixty-two, three thousand five hundred sixty-three, three thousand five hundred sixty-four, three thousand five hundred sixty-five, three thousand five hundred sixty-six, three thousand five hundred sixty-seven, three thousand five hundred sixty-eight, three thousand five hundred sixty-nine, three thousand five hundred seventy, three thousand five hundred seventy-one, three thousand five hundred seventy-two, three thousand five hundred seventy-three, three thousand five hundred seventy-four, three thousand five hundred seventy-five, three thousand five hundred seventy-six, three thousand five hundred seventy-seven, three thousand five hundred seventyeight, of the Kentucky Statutes Relating to the Control and Improvement of Public Streets, Alleys, Sidewalks, Roads, Lanes, Avenues, Highways, and Thoroughfares in cities of the Fourth Class.

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

§ 1. That section three thousand five hundred and sixty-two of the Kentucky Statutes be, and the same is hereby amended and re-enacted to read as follows:

Section 3562. The board of council shall have and exercise exclusive control and power over the streets, roadways, sidewalks, alleys, landings, wharves, public grounds and highways of the city; to establish, open, alter, widen, extend, close, grade, pave, repave, clean and keep in repair the same; to prevent and remove all encrouchments thereon or obstruction thereof; to put drains and sewers in the same, and to regulate and prohibit the building of vaults and areas under sidewalks; to enforce and regulate connection with sewer, gas and water mains and conduits of all kinds laid in or under the streets and highways of the city for any purpose.. The board of council may, by ordinance, prescribe certain sprinkling districts and have the streets and avenues thereof sprinkled by the lowest and best bidder, assessing the cost thereof against the adjoining property per foot.

Upon the adoption of an ordinance by the board of council authorizing and directing the closing of the whole or any portion of a street or alley or other public highway within the limits or jurisdiction of the city, it shall be the duty of the city attorney to institute an action in the circuit court for the purpose of having the same closed, and to such action all the owners of ground in the squares or lots divided by such street, alley or highway, or the portion thereof proposed to be closed, shall be made defendants; and if all such defendants are competent to act for themselves and fail to object to the closing

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