"Patrols shall each be paid by order of the county court, out of the county levy, a sum not exceeding one dollar for each ten hours they may have been purposely engaged in the performance of their duties; except, that within counties having a population of over one hundred and fifty thousand inhabitants, they may be paid two dollars for each ten hours, within the discretion of the court. At the Court of Claims for the county, patrols shall present their claims for services, specifying the number of hours each has been engaged, and verified by the oath of the patrol, upon which the court shall fix the amount to be paid."

Approved March 21, 1904.

CHAPTER 51.

AN ACT creating the thirty-first judicial district of Kentucky, fixing the time of holding courts thereof, providing for the election of a circuit judge and Commonwealth's attorney, and changing the twenty-third and twenty-fourth districts of Kentucky so as to provide for said thirty-first district; and fixing the time for holding the courts in the said twenty-third and twenty-fourth districts.

WHEREAS, There has been a large increase of population and a large development of the resources in the present Twenty-third and Twenty-fourth Districts of Kentucky,. so much so that it is impossible for the judges to do the work required of the courts in said districts in the time now allotted by law, or which can be allotted; and ·

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

Counties of Thirtyfirst Judicial District.

Officers of the 23d and 24th districts unchanged

Governor to ap

point and cominis

monwealth's at

torney.

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

§ 1. The Thirty-first Judicial District of Kentucky shall be composed of the counties of Knott, Magoffin and Floyd.

The Twenty-third District, Wolfe, Breathitt, Lee and Estill.

The Twenty-fourth District, Johnson, Martin and Pike.

§ 2. The present judge and Commonwealth's Attorney in the said Twenty-third and Twenty-fourth Districts shall remain and be unchanged for the time provided by law.

§ 3. The Governor shall appoint and commission sion judge and Com- a circuit judge and Commonwealth's Attorney in the Thirty-first District, who shall hold their respective offices as such until their successors are 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, 1904, to succeed the officers appointed under this act.

Terms of court in the 23d, 24th and 31st districts.

§ 4. The time of holding court in said three districts shall be as follows:

Twenty-third District, Wolfe county, at Campton, third Monday in January first Monday in May, third Monday in September, and continue each eighteen juridical days. Breathitt county, at Jackson, third Monday in February, fourth Monday in May; second Monday in October, and continue each twenty-four juridical days. Lee county, at Beattyville, fourth Monday in March, fourth Monday in June, second Monday in November, and continue each eighteen juridical days. Estill county at Irvine, fourth Monday in April, third Monday in July, sec

1

ond Monday in December, and continue each twelve juridical days.

Twenty-fourth District, Pike county at Pikeville, on the first Monday in February, May and October, and continue twenty-four juridical days each term. Johnson county at Paintsville, on the first Mondays succeeding the termination of the Pike terms and continue twenty-four juridical days, each term. Martin county at Inez, on the first Monday succeeding the termination of the Johnson terms and continue twenty-four juridical days each term.

Thirty-first District, Magoffin county at Saylersville on the first Monday in February, first Monday in June, first, Monday in October and continue eighteen juridical days each term. Floyd county at Prestonburg on the Mondays succeeding the termination of each Magoffin term, and continue eighteen juridical days each term. Knott county at Hindman on Mondays succeeding the termination of each Floyd term and continue eighteen juridical days each term. Approved March 21, 1904.

CHAPTER 52.

AN ACT to amend an act, entitled "An Act concerning the militia

of the Commonwealth of Kentucky," approved March 13, 1893.

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

Fiscal courts to provide armory, etc.

exempt from service.

§ 1. That section 46 of the act entitled "An Act Concerning the Militia of the Commonwealth of Ken- Honorary members tucky," approved March thirteenth, one thousand eight hundred and ninety-three, and being section two thousand six hundred and ninety-seven, of chapter

eighty-six, Kentucky Statutes, titled, "Militia," be amended by striking therefrom the words, "Provided, That in cities of the first and second classes, such provisions shall be made at the cost of the city by the proper department of municipal government," so that, said section, when so amended, shall read as follows, viz.:

"Where State Guard companies have been or may hereafter be, organized, and furnished with public arms or equipments by the Governor, in any county of this Commonwealth, the Fiscal Court of said county shall provide, at the cost of the county, an armory for drill, and safe place for keeping such public arms and equipments where they will be at all times accessible to the company."

Amend section 18 of said act so that said section as amended shall read as follows:

"Section 18. Each regiment or separate battalion may have a council of administration, composed of the commissioned officers, which shall be charged with the care and control of the fiscal affairs of the command, may adopt suitable by-laws, effective on the approval of the Governor, and may elect not more than twenty-five honorary members for each company, battery or troop, entitled to exemption from jury service upon their payment annually, or oftener if the council shall so determine, a sum not less than twenty-five dollars; and the money thus obtained shall be for the use of the regimental or battalion fund, and expended by the commanding officer as in his judgment the interests of the command require. Each company may also have a council of administration, composed of its commissioned officers, which shall be charged with its fiscal affairs. Said council may make an allowance out of the company fund to the company clerk, and

for such necessary expenditures as are strictly within the purpose of maintaining the effectiveness of the organization. No extraordinary expenditure shall be made out of the company fund except by a majority vote of all the company members present at a regular company business meeting, or such a meeting called by a majority of the council, or sufficient notice for the members to assemble."

2. Inasmuch as there is no adequate protection at the present time, to valuable arms and equipments now in the possession of companies located in cities of the first and second classes, an emergency is declared to exist, and this act shall take effect and be in force, from and after its passage.

Approved March 21, 1904.

CHAPTER 53.

AN ACT to empower cities of the fourth class to separate the management and control of their schools where the same are now under the control of a board of education.

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

white schools and

schools in 4th class

That any city of the fourth class having heretofore organized a system of free graded schools for the edu- How graded free cation of the white and colored pupils of said city, graded free colored under and by virtue of the charter for cities of the cities maintained. fourth class, and managed and controlled by a Board of Education, may, by ordinance passed by its general council separate said system of graded free schools into a graded free white common school for the white pupils of said city, and into a graded free colored common school for the colored pupils of said city. When