are declared to be valid and existing districts and all acts and proceedings heretofore done, had and performed by each of such districts and the Drainage Commissioners acting for them, and all acts of the Board of Viewers and of the Board of Drainage Commissioners and of the court in respect thereto, are hereby declared to be legal and valid in all respects."

So that Sub-section Forty-nine (49) of said Section 2380 of the Kentucky Statutes as amended and re-enacted shall read as follows:

The provisions of this act shall be liberally construed so as to carry into effect the true intent and meaning thereof, and to promote the levying, ditching, draining and reclamation of wet, swampy or overflowed lands. If any part of this act shall be declared illegal, it shall not affect the remaining part thereof. The collection of the assessment shall not be defeated where the parties are properly before the court, on account of any irregularity in the proceedings which does not affect the substantial rights of the party complaining. Any party or their privies properly before the court under the Civil Code of Practice shall be deemed to be before the court for all purposes, and shall be bound by all orders, judgments and proceedings in the case not excepted to or appealed from, in the manner herein provided for. The remedies herein provided for are exclusive of all other remedies. If on appeal or otherwise, or for any cause, any person or property shall be released, or any assessment raised or lowered, it shall in no manner affect the rights or liability of any other property or person, and the failure to appeal within the time herein prescribed shall be a waiver of any right to attack the proceedings. The amendments herein provided and

sections two (2), seven (7), ten (10), thirty-one (31), thirty-four (34), thirty-five (35) and fortynine (49) of said Section 2380 as herein amended shall apply, so far as applicable, to proceedings now pending, as well as those that may hereafter be instituted; but as to proceedings now pending said amendments shall not be construed as invalidating any proceeding or steps heretofore had or taken. All proceedings heretofore had under the act, and all steps taken to organize districts thereunder, and all districts heretofore organized, all assessments heretofore made, all contracts heretofore entered into, and all bonds heretofore issued, or ordered or directed by the Board of Drainage Commissioners to be issued under the said act are hereby validated and made valid; and all such districts heretofore organized are declared to be valid and existing districts, and all acts and proceedings heretofore done, had and performed by each of said districts and the Board of Drainage Commissioners acting for them, and for each of them, and all acts of the viewers and of the Board of Drainage Commissioners and of the court in respect thereto, are hereby declared to be legal and valid in all respects.

49a. Discontinuance of Ditches.-If at any time. a majority in number and amount of those assessed for the maintenance of any public ditch shall petition the county court for a discontinuance of said ditch as a public ditch, the judge shall docket the said petition upon the docket of his court which convenes not less than fifteen days after the filing thereof with him, and issue notices and cause same to be served upon all parties interested that, at the next term of his court, he will consider the said petition, and if no valid reason is shown against the discontinuance of said ditch, said judge shall

enter an order discontinuing same and after said order of discontinuance is entered, it shall cease to be a public ditch in this State, but an appeal may be had from the said order to the circuit court, as provided in the construction of ditches under the provisions of this act.

For the purpose of enabling the county judge to give notice to those interested, the petition seeking the discontinuance of said ditch shall give the names of all persons interested in the maintenance of said ditch and owning lands within said drainage district.

Approved March 28, 1918.

CHAPTER 115.

AN ACT relating to Assessment or Co-operative Life and Accident Insurance Companies, amending Section 681, Kentucky Statutes, 1915 Edition, providing license for agents of foreign companies doing business in this State.

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

§ 1. That Section 681, Kentucky Statutes, 1915 Edition, relating to license to agents of foreign assessment or co-operative life and accident insurance companies, be and the same is hereby amended by adding after the word "year" in said section. the following:

"Provided that any such agent having paid the license tax herein required shall not thereafter be required to pay any other State, county or municipal tax."

And that same as amended be and the same is now re-enacted to read as follows:

"After authorizing such corporation or association to do business in this State, the commissioner

shall issue licenses to agents thereof, to be designated by the corporation or association, or a general agent thereof, authorizing them to act as such agents for the term of one year. Provided, that any such agent having paid the license tax herein required shall not thereafter be required to pay any other State, county or municipal license tax." Approved March 28, 1918.

CHAPTER 116.

AN ACT to authorize the guardian of an infant curator or the committee of a person of unsound mind to lease the real estate or any interest therein of infant or person of unsound mind for the removal of oil and mineral and other mining purposes, and regulating the procedure therefor, and repealing Chapter 99 of the Acts of the regular session of the General Assembly of the Commonwealth of Kentucky during the year 1916.

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

1. That Chapter 99 of the Acts of the General Assembly of Kentucky, adopted at the regular session thereof in the year 1916, entitled, "An act to authorize the guardian of an infant curator or the committee of a person of unsound mind to lease the real estate or any interest therein of infant or person of unsound mind for mining purposes, and regulating the procedure therefor," be and the same is hereby repealed and in lieu thereof the following is hereby enacted:

2. That the guardian of an infant curator or the committee of a person of unsound mind may lease the real estate, or any interest therein, or such infant or person of unsound mind for the purpose of mining and removing all or part of the coal, oil, gas and any or all other mineral or mineral sub

stances and products therein; together with the usual and reasonably necessary privileges to mine, bore for, store, pump, and remove the same, and similar products taken from other land, and the right to dump upon said land refuse or other products taken therefrom and from other land; and to erect upon said land miners' houses, commissaries and hotels and other houses and equipment reasonably necessary to enable the lessee to carry on the business in the most economical way. Such lease may be for such length of time as the guardian, curator or committee may approve, without being limited to the time at which the disability of such infant or person of unsound mind may be revoved.

3. No such lease shall be valid or effective until the judge of the circuit court for the district in which the land to be leased or the greater portion thereof lies, shall appoint a guardian ad litem to represent such infant or person of unsound mind, and who shall file an answer, and the affidavits of at least three witnesses proving the advantages or disadvantages to such infant or person of unsound mind, and make such recommendation of said lease to the judge of said court as he believes to be most beneficial to said infant or person of unsound mind, and he shall receive for his services a reasonable compensation, allowed by the judge, to be taxed as costs and paid by the lessee and shall either in term time or in vacation, approve same and endorse his approval thereon, which endorsement shall be recorded with the lease, and the order of the judge approving said lease, whether made in term time or in vacation, shall be entered on the civil order book of the circuit clerk's office of the county in which the land to be leased, or the greater portion thereof, lies.