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

That section 2248, of the Kentucky Statutes, Carroll's edition of 1915, be and the same is hereby amended and re-enacted to read as follows:

"A grand jury shall consist of twelve persons, and no person shall be qualified to serve as a grand juryman unless he be a citizen and a housekeeper of the county in which he may be called to serve, and over the age of twenty-one years. No civil officer (except trustees of schools), no surveyor of a highway, tavern-keeper, vender of ardent spirits by license, or person who is under indictment, or who has been convicted of a felony and not pardoned, shall be competent to serve as a grand juror; but the fact that a person not qualified or competent served on a grand jury, shall not be cause for setting aside indictments found by such grand jury."

Neither approved nor disapproved.

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CHAPTER 167.

AN ACT to amend and re-enact Section 26 and to repeal Section 27 of Chapter 137 of the Acts of 1912, entitled: "An Act creating Boards of Education for cities of the second class, providing for the election thereof, defining their powers and duties, and repealing all laws in conflict therewith." Approved March 19, 1912.

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

§ 1. That Section 26 of Chapter 137 of the Acts of 1912 entitled, "An Act creating Boards of Edu-. cation for cities of the second class, providing for the election thereof, defining their powers and duties, and repealing all laws in conflict therewith,"

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be, and the same is, hereby amended and re-enacted so that when amended and re-enacted said section will read as follows:

Section 26. Said Board of Education shall annually, in the month of January, approximately ascertain the amount of money which will be necessary to be used to defray the expenses of maintaining the schools, including sinking fund, repairs and improvements of buildings and any liquidations of liabilities falling due during the current fiscal year, and shall enter the same at large (together with the estimated approximate amount to be received from the common school fund of the State of Kentucky for the year) upon the Minute Book of the Board, and power and authority is hereby conferred upon such Board of Education to impose and levy ad valorem taxes upon all real and personal property in such city subject to and assessed for taxation for city purposes, not exceeding a rate of sixtyfive (65c) cents upon each one hundred dollars ($100) of taxable property, and shall also levy a sufficient amount to provide for sinking fund purposes for the fiscal year, and the taxes accruing from so much of said levy as is made for sinking fund purposes shall be by said Board of Education at once irrevocably set aside and used for that purpose and not otherwise, and said sinking fund, as above provided for shall include the sinking fund for the entire outstanding bonded indebtedness of said Board, whether created before or after 1912. Not later than the month of March annually, the Board of Education shall adopt a resolution imposing and levying an ad valorem tax upon all the real and personal property subject to taxation and assessed by said city for general purposes at such rate not exceeding sixty-five cents (65c) on the one

hundred dollars' ($100) valuation of said property, as shall, in the opinion of said Board, be necessary to produce in that year the total estimated sum necessary to be raised to support and maintain the public schools of the city, less the estimated sum to be received from the State Common School Fund, and shall also levy a tax for sinking fund purposes, and said resolution shall be forthwith certified under the seal of said Board of Education to the General Council or Board of Commissioners of said city, and said levy at the rate so fixed and certified shall be by said General Council or Board of Commissioners added to and included in the regular tax bills of the city, containing the ordinary levy, and shall be collected with the same, by the same officers and in the same manner and at the same time, as the ordinary taxes for said city are collected by the collecting officers of the city, and all powers and duties conferred upon and required of officers in collecting the ordinary city taxes are hereby conferred upon and required of them in collecting the taxes levied by the Board of Education, and such collecting officer or officers, and his or their sureties, shall be severally liable under their official bonds for any failure in the performance of their duties on which bond or bonds, suit or suits may be brought for the use of said Board and recovery had for such amount or amounts as shall be found due from such officer or officers. As and when said taxes are collected the City Treasurer, or other collecting officer, of said city, shall promptly pay the same to the Treasurer of the Board of Education, taking the receipt of said Treasurer for the sum so paid, which shall be the full acquittance of said Treasurer therefor, and said Board of Education shall, under its seal, certify to the General Council or Board of Commissioners, the

name and location of its Treasurer and of any change in said name or location. Provided, however, that the limitation herein before prescribed of the tax that may be levied for school purposes shall not apply where a bonded indebtedness has been incurred for public school purposes, and when such an indebtedness has been incurred that there may be levied in addition to the tax hereinbefore authorized, an annual ad valorem tax sufficient to pay the interest on said indebtedness and also to constitute a sinking fund for the payment of the principal thereof.

The provisions hereof shall apply to any bonded indebtedness whether heretofore or hereafter created.

§ 2. Section 27 of said Act is hereby repealed. § 3. All laws or parts of laws in conflict with this Act are, to the extent of such conflict, hereby repealed.

Neither approved nor disapproved.

CHAPTER 168.

AN ACT making unlawful to buy, bargain, sell or loan, own, have in possession or to operate, or to aid, abet, assist or encourage in the operation or to harbor a person in the possession or in the operation of an illicit or "moonshine" still and providing a penalty for any violation of this Act, and further fixing the burden of proof and further providing for the allowing and paying a reward to the person who procures the arrest, indictment and conviction of a person violating this Act, out of the county levy of the county in which the indictment may be returned.

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

1. It shall be unlawful for any person to buy, bargain, sell, loan, own, have in possession, or to

operate, or aid, abet or assist or encourage in the operation, or to harbor a person in the possession or in the operation of an illicit or "moonshine" still, and any person guilty of any offense enumerated in this section, shall, for the first offense, be fined not less than fifty dollars nor more than five hundred dollars and confined in the county jail not exceeding six months, and for the second offense confined in the penitentiary not less than one year nor more than five years, in the discretion of the jury.

Any judge, or justice of the peace, when affidavit is filed with him, describing the premises as nearly as may be where intoxicating liquors are distilled, brewed, or manufactured, or suspected of being distilled, brewed or manufactured, in violation of this Act, shall immediately, issue a warrant and cause any house, building, premises, or other place, to be searched for the detection of any intoxicating liquors kept for the purpose of sale, or any stills, materials, or parts of stills held, owned, sold or loaned or in possession of any person in violation of this Act, and said officer receiving said warrant shall immediately proceed to execute the same and make due and proper returns of any defendant or stills, materials, or parts of stills held in violation of this Act, to the court, or justice issuing the warrant, and, if admission be not given on demand made, the officer, or other person in charge of the warrant, shall force an entrance into such house, building, premises, or other place, and seize any intoxicating liquors, materials or still equipment, machinery or devices, being used or to be used in distilling, brewing or manufacturing intoxicating liquors and arrest the keeper, or person or persons, in charge or in possession of such house, building,

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