building of levees for the public benefit, as appears on page 71 of the acts of the General Assembly of the Commonwealth of Kentucky of 1914, be amended and re-enacted so as to read as follows:

LIEN FOR RECONSTRUCTION, ENLARGEMENT, REPAIR OR

MAINTENANCE.

That in cases where levee districts have been heretofore established, under the laws in force in the State of Kentucky, or establishd under this act, a lien shall exist for the cost of the establishment, construction, reconstruction, repair, enlargement, extension and maintenance of such levee against the land situated within the territory protected by such levee, superior to all other liens, except for taxes due the state, county, municipality or taxing district in which the land may be located.

§ 2. That section 20 of the act approved March 17, 1914, relating to the establishment, protecting and building of levees for the public benefit, which appears on page 71, of the acts of the General Assembly of the Commonwealth of Kentucky of 1914, be amended and re-enacted so as to read as follows:

ASSESSMENTS MADE UNDER GENERAL LAW.

That whenever it may be necessary in order that the Board of Levee Commissioners may have sufficient funds to enable them to pay the interest and principal of any bonds heretofore issued, or any liability that may have been incurred necessary in the reconstruction, repair or maintenance of any public levee, (or may hereafter incur) heretofore constructed in the State of Kentucky, but not under the general laws of the State pertaining to drainage of lands and for the purpose of reconstructing, repair or maintenance of any public levee heretofore constructed, but not under the general laws of

Kentucky pertaining to drainage of lands: the said Board of Levee Commissioners of the county or any land owners benefitted by the reconstruction, enlargement, repair or maintenance of such public levee, may proceed in the county court of the county in which such Levee Commissioners have been appointed to have the lands benefited by such reconstruction, enlargement, repair or maintenance, classified and formed into a district and assessments made against them for the purpose of paying the interest and principal of any liability heretofore incurred, or which may be hereafter incurred, by any reconstruction, repair or maintenance of such public levee, in the same manner as provided in the general laws of Kentucky pertaining to drainage of lands, as an original proceedings, for the construction of all levees, ditches, drains or canals.

Provided; a proceeding to have the lands protected by such levee assessed for the repair or maintenance of such levee for the current year, shall be sufficient authority in the Board of Levee Commissioners to make an assessment of a like amount, against the land in the district protected by the said levee, annually thereafter, and of such a lesser amount as may be necessary in their discretion in any year thereafter, to repair and maintain such levee; and, Provided that for the reconstruction and enlargement of such public levee, when the cost thereof cannot be paid out of annual assessments made for the repair or maintenance of such levee, as hereinbefore set out, original proceedings may be had to classify the land benefitted by such reconstruction or enlargement and form the same into a district and make assessments against the land so benefitted for the cost thereof as often as may be

necessary.

§3. This act shall be in full force and effect from and after its passage and approval.

Neither approved nor disapproved.

CHAPTER 176.

AN ACT to amend Sections, one, seven, sixteen, seventeen and forty-five of an act "entitled "An Act to provide an elective system of workmens compensation for industrial accidents," and known as Chapter Thirty-three of the Acts of the General Assembly of the Commonwealth of Kentucky, and approved by the Governor on March 23, 1916.

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

Par. 1. That Section 1 be and the same is hereby amended by striking from said section after the word "having and before the word "or" the word "five" and inserting in lieu thereof the word "three," and re-enacted so that said section, when amended, shall read as follows:

Section 1. This act shall apply to all employers having three or more employees regularly engaged in the same occupation of business and to their empoyees except that it shall not apply to domestic employment, agriculture, steam railways, or such common carriers, other than steam railways, for which a rule of liability is provided by the laws of the United States. It shall affect the liability of the employers subject thereto to their employees for personal injuries sustained by the employee by accident arising out of and in the course of his employment or for death resulting from such accidental injury; provided, however, that personal injury by accident as herein defined shall not include diseases except where the disease is the natural and direct

result of a traumatic injury by accident nor shall they include the results of a pre-existing disease.

Any employers and employees who are, by the provisions of this section, excepted from the provisions of this act may subject themselves thereto by joint voluntary application to the board, in writing, which shall be irrevocable during such period and effective thereafter until a written revocation be filed with the board or the employment be terminated.

Par. 2. That Section 7 be and the same is hereby amended by striking from said section after the words "the first" and before the word "of" the words "two weeks," and inserting in lieu thereof the words "seven days" and by striking from said section after the word "after" and before the word "after" the words "two weeks" and inserting in lieu thereof the words "seven days" and by adding after the word "paid" in said section the words. "Provided, however, this section as amended shall not become effective until August 1, 1918," and reenacted so that the section, when amended, shall read as follows:

Section 7. Except as provided in Section Four and Five hereof, no compensation shall be payable for the first seven days of disability and all compensation shall be payable on the regular pay day of the employer commencing with the regular pay day after seven days after the injury, with interest at the rate of six per cent per annum on each installment from the time it is due until paid; Provided, however, this section as amended shall not become effective until August 1, 1918.

Par. 3. That Section 16 be and the same is hereby amended by striking from said section after the words "the first" and before the word "thereof,"

the words "two weeks" and inserting in lieu thereof the words "seven days" and re-enacted so that the section, when amended, shall read as follows:

Section 16. Where the injury causes total disability for work, the employer, during such disabil ity, except the first seven days thereof, shall pay the employee so injured a compensation equal to 65% of his average weekly earnings, not to exceed twelve dollars nor less than five dollars per week, such payments to be made during the period of total disability, but not longer than eight years after the date of the injury, not in any case to exceed the maximum sum of five thousand dollars. In case the period of total disability begins after a period of partial disability, the period of partial disability shall be deducted from the total period of eight years during which compensation for total disability may be payable and the payments made on account of such partial disability shall be deducted from the maximum of five thousand dollars.

In case of the following injuries the disability shall be deemed total and permanent, to-wit:

(1) The total and permanent loss of sight in both eyes.

(2) The loss of both feet at or above the ankle. (3) The loss of both hands at or above the wrist. (4) A similar loss of one hand and one foot. (5) An injury to the spine resulting in permanent and complete paralysis in both arms or both legs or of one arm and one leg.

(6) An injury to the skull resulting in incurable insanity or imbecility.

The above enumeration is not to be taken as exclusive, but in all other cases, the burden of proof shall be on the claimant to prove that his injuries have resulted in permanent, total disability.