and upon him, the Auditor of Public Accounts shall draw his warrant or warrants upon the treasurer of the State in favor of the treasurer of said Confederate Home, for any sum, or sums of money not exceeding the amounts hereby appropriated to said institution, but no part of said money shall be paid out by the treasurer of said institution except in payments of the work and improvements mentioned in section one of this act, and the purchase of property before set out.

§ 3. The president of the board of trustees shall Duty of board. advertise for bids for furnishing all labor and materials of every kind and description necessary for the construction, crection and completion of the building, and making of the improvements mentioned in section one, except as to the agreement or contract in reference to the purchase of land and all such bids shall be opened in the presence of the board of trustees, and it shall be with the latter to accept such bid or bids as it may deem the lowest and best, and if, in its judgment, all or any of such bids shall be unsatisfactory, such board of trustees may reject all or any of such bids, re-advertise for others in such matter, and so on until it shall be satisfied to accept bids and tenders.

ment.

§ 4. The board of trustees shall within sixty days Itemized stateafter the completion of the buildings and improvements and the purchase of land provided for in the first section hereof, make an itemized statement, showing each and every item of expenditure made by said board under the provisions of this act, verified by the president of said board, which statement shall be filed with the statement of the Auditor of Public Accounts.

§ 5. If the amounts herein appropriated shall not be used for the particular object for which it is named in section two of this act, and be not needed for such specific purposes, then any surplus of such appropria

Money may be di:

verted to other use.

tion may be used by the board of trustees for the benefi of the Kentucky Confederate Home, in the purchase o land, or erection of suitable buildings for the accommo dation of the inmates. Any and all property acquired under the provisions of this act, shall be conveyed to the Commonwealth of Kentucky, upon the same con dition as provided in the act of March 27, 1902, estab lishing said Confederate home.

§ 6. Because of the urgent necessity of the build ings and improvements' herein contemplated, an emer gency is declared to exist, and this act shall take effect from and after its approval.

Approved February 26, 1904.

Librarian term 4 years. Salary $1.200.

CHAPTER 10.

AN ACT to repeal section 7, article 3, chapter 262, Acts 1891, 1892. 1893, approved July 12, 1893, entitled "An Act in relation to the library of the Commonwealth and the librarian thereof, and entitled 'Library,' and re-enacting same relative to the election of said librarian."

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

§ 1. That section 7, article 3, chapter 262, Acts 1891, 1892, 1893, approved July 12, 1893, entitled "An act in relation to the Library of the Commonwealth and the Librarian thereof, and entitled 'Library,'" be, and the same is hereby, repealed, and the following reenacted in lieu thereof:

"§ 7. The present Librarian shall hold office until the first Monday in June, 1904, and the Librarian elected by the General Assembly in 1904, shall hold office until the first Monday in June, 1898. A Librarian shall be

elected by the General Assembly in 1908 and every four years thereafter.

"The Librarian shall receive an annual salary of twelve hundred dollars, payable in the same manner as the salary of the Governor. The Librarian shall hold office until his successor is duly elected and qualified.” $2. An emergency is declared and this act shall be in force from its approval by the Governor.

Approved February 27, 1904.

CHAPTER 11.

AN ACT to regulate the holding of circuit courts in counties in which there are towns over seventeen miles from the county seat, and having a larger population than the county seat.

Be it enacted by the General Assembly of the Commonwealth of Kentuckys

§ 1. That, in all counties in the State having a town not larger than the fourth class, and containing a population larger than that of the County Seat according to the federal enumeration, 1900, and situated over seventeen miles from the county seat, the circuit court for each of said said counties shall be held alternately so as to divide the time between the county seat and the larger town as the business may require, the first part of each term as now provided by law to be held at the county seat, and the other part of the term to be held at the larger town.

§ 2. And all civil cases arising in each of said the county seat, and those cases where the first named defendant resides nearest to the said larger town shall he tried at the court held at the larger town.

§ 3. All criminal cases arising in each of said

Court held alternately.

Jurisdiction in civil cases.

Jurisdiction in criminal cases.

Court room, etc. How furnished.

courts, shall be tried in the court held at the town situated nearest to the place where the offense was committed.

a

Provided, That the expense of furnishing court room and prison at said larger town shall be borne by the larger town, as well as the expense of securing a vault and depository for books and papers pertaining to the records of the circuit court of such county, and any other expense pertaining to the moving of records and holding of said court at the larger town without expense to the county.

Approved February 29, 1904.

Board of trustees.

CHAPTER 12.

AN ACT providing for the creation, control and disposition of a fund to be used in pensioning, under certain conditions, policemen, and the families of deceased policemen, in cities of the first class.

Be it enacted by the General Assembly of the Commonwealth of Kentuckys

§ 1. That, in the month of July, in the year nineteen hundred and four, there shall be organized in connection with the police department in all cities of the first class in this Commonwealth, a board to be known as the Board of Trustees of the Policemen's Pension Fund, which board shall be composed of the mayor, the chairman of the Board of Public Safety, the City Treasurer, the Chief of Police and the Comptroller, and said board shall select from its members a president and a secre tary. The City Treasurer shall be ex officio treasurer of said board, and of the funds coming into its hands. The members of said board shall continue members thereof until their respective successors are elected, or appointed, and qualified.

2. There may be levied and set apart by the general councils of all cities of th first class in this Commonwealth, for the year nineteen hundred and five, a tax of not more than one cent on each one hundred dollars of value of the taxable property in said cities for said year, as a fund for the pensioning, as hereinafter provided, of members of the police department, and the families of deceased members thereof in said cities, and a like tax may be levied and set apart for the same purpose for each succeeding year until said fund shall have reached the sum of three hundred thousand dollars as of date the first of September, preceding, in which event the levy of said tax shall cease; but should said fund thereafter, as of the first of September in any year, fall below the sum of three hundred thousand dollars, then said tax may be levied for the next succeeding year and for each year thereafter until said fund shall have again reached the sum of three hundred thousand dollars as of the first of September immediately preceding the time of making the usual tax levy in said cities, it being one of the purposes of this act to permit the amount of said fund to be kept at all times as near as possible to three hundred thousand dollars. moneys withheld from officers, members or employes of the police department as punishments for any breach of discipline, misconduct or violation of the rules and regulations of said department shall be paid into said fund each month and credited upon the pay-roll of the department, payable to said fund for that purpose, and all fines imposed by the Board of Public Safety upon officers, members or employes of the Police Department, by way of discipline, and collectible from pay or salary, shall be paid into the treasury to the credit of said fund. Donations may also be made to said fund by gift or devise. Such donations, together with the payments

All

Council may levy

tax of one cent. on each $100.