Penalty clause.

Emergency clause.

§ 2. Any person violating this act shall be tined in a sum of not less than one hundred dollars nor more than five hundred dollars for each offense.

§ 3. All laws and parts of laws in conflict with this act be and the same are hereby repealed. On account of the great confusion in weighing hemp in this Commonwealth an emergency is hereby declared, and this act shall take effect from and after its passage and approval by the Governor. Approved March 16th, 1898.

Amendment of

83, Acts 1894.

K. S., Chap. 7.

196.

CHAPTER 42.

AN ACT to amend an act approved March sixteenth, eighteen hundred and ninety-four, entitled "An Act relating to voluntary assignments."

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

§ 1. That section fourteen of an act entitled "An Sec. 14 Chap Act relating to voluntary assignments," approved March sixteenth eighteen hundred and ninety-four, Sec. 87, Page be amended by inserting after the words "real property" when sold at public sale, and by inserting after the words "decretal sale," the following words, "Provided, The purchaser shall have the right to pay cash, and the assignee to accept cash in payment of the purchase price at any such sale," so that said section shall read when so amended, as follows: Section Fourteen. Personal property conveyed shall be sold by the assignee at private or public sale, as the court may direct; and the assignee shall have power to pass title to the same as fully as the assignor could have

amended.

done at the date of the assignment. Real property when sold at public sale shall be sold in the same manner and upon the same terms as real property sold at decretal sale, Provided, The purchaser shall have the right to pay cash and the assignee to accept cash in payment of the purchase price at any such sale, and the court may make such orders con- section as cerning the advertisement of the sale as it deems proper, and the assignee shall have power to convey and pass all the right and title to the same which the grantors in the deed of assignment had at its date. The report of sale shall be filed by the assignee within ten days after the sale, and if no exceptions are filed thereto, the same shall be confirmed at the second regular term after it has been filed. If exceptions are filed, they shall be heard by the court and disposed of."

Amendment of Sec. 23, Chap.

198.

§ 2. That section twenty-three of said act set out in section one of this act, be amended by adding 8, Acts 1894. thereto the following: "and the said circuit court K. S., Sec. 96, shall have all the power and authority to administer Chap 7, Page and settle up the assigned estate conferred on the County court by this act, in addition to its power and authority heretofore existing as a chancery court, and the assignee shall have full power and authority to sell the personal and real property belonging to the assigned estate, at public or private sale and to convey and pass all the right and title to the same which the grantors had in the deed of assignment at its date; and said assignee shall within ten days after such sale report same to the Circuit Court in which the suit for the settlement of the estate is pending, and such report shall

thereupon

be laid over

ten days for ex

Section as amended.

ceptions,

and if no exceptions

are filed within that time, same shall thereupon be confirmed. If exceptions, are filed then such exceptions shall be heard and determined by the Court:" So that said section when so amended, shall read as follows: Section twenty-three. The provisions of this chapter shall not prevent actions to settle estates by assignee, or by any creditor or creditors representing one fourth of the liabilities, from being brought in the circuit court: Provided that whenever a suit involving a settlement of the estate shall be brought in the circuit court of the county in which the assignment is made, the Jurisdiction of the County Court shall cease, and all papers relating to the estate, and filed in the county court shall be transmitted by the clerk thereof to the clerk of the circuit court, and by him filed in such suit, and the said circuit court shall have all the power and authority to administer and settle up the assigned estate conferred on the county court by this act, in addition to its power and authority heretofore existing as a chancery court, and the assignee shall have full power and authority to sell the personal and real property belonging to the assigned estate, at public or private sale, and to convey and pass all the right and title to the same which the grantors had in the deed of assignment at its date; and said assignee shall within ten days after such sale, report same to the circuit court in which the suit for settlement of the estate is pending, and such report shall thereupon be laid over ten days for exceptions, and if no exceptions are filed within that time, same shall thereupon be confirmed. If exceptions are filed, then such exceptions shall be heard and determined by the court.

clause.

§ 3. Whereas, A large number of assigned estates Emergency are now being settled in this State, and are embarrassed by the doubtful character of the act sought to be amended herein, An emergency is now declared to exist, and this act shall take effect from its passage and approval by the Governor.

Approved March 16, 1898.

CHAPTER 43.

AN ACT to amend an act entitled "An act for the government of Cities of the first class, approved July first, eighteen hundred and ninety-three."

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

Sec. 196, Chap.

3.

K. S., Chap. 89,

1014.

§ 1. That section one hundred and ninety-six of Amendment of an act, entitled "An act for the government of cities 244. Acts 1891-2of the first class," approved July first, eighteen hundred and ninety three, be amended by inserting Sec. 2981, Page therein after the words "foregoing levies," the words "or the poll tax," so that said section when thus amended shall read as follows: Section one hundred and ninety-six. In the ordinance fixing for any year the tax rate, the general council shall subdivide its levy as follows: A levy for schools, a levy for the sinking fund, a levy for police purposes, a section as levy for the fire department, a levy for street and sewer cleaning, a levy for sprinkling streets, a levy for the reconstruction of streets, a levy for street repairs, a levy for the construction and repairs of sewers, a levy for the House of Refuge, a levy for charitable institutions, a levy for parks, a levy for general purposes, and a deficit tax. The general council may omit any of the foregoing levies or the poll tax, when not demanded by the public interests.

amended.

Amendment of § 2. That section one hundred and ninety-seven

Sec. 197, Chap.

3.

K. S., Chap. 89.

1014.

244, Acts 1891-2- of said act be amended by striking out the word "shall" therein after the words "any deficiency Sec. 2982, Page Within ninety-five per cent," and inserting in lieu thereof the word "may," and by striking out the last sentence therein, consisting of the words, "Any unexpended or unappropriated balances in any current year shall be passed to the same funds for the succeeding year," and inserting in lieu thereof the following words, "Any unexpended balance of an appropriation in any current fiscal year shall be added by the Comptroller to the amount appropriated for the same purpose out of the levy for the succeeding year. Unappropriated balances of levies in any current fiscal year when collected shall be passed by the Treasurer to the credit of the same funds for the succeeding year," so that when thus amended said section shall read as follows: Section one hundred and ninety-seven. In no fiscal year shall the general council appropriate or expend, or contract for the expenditure, of more than ninety-five per cent. of the estimated revenue of the current year, unless more than that shall be actually collected; and if in any year less than ninety-five per cent of the estimated revenue shall be collected, any deficiency within ninety-five per cent may be provided for in the levy of the next year, and shall be called the "deficit tax." Any unexpended balance of an appropriation in any current fiscal year shall be added by the Comptroller to the amount appropri ated for the same purpose out of the levy for the succeeding year. Unappropriated balances of levies in any current fiscal year when collected shall be passed by the Treasurer to the credit of the same funds for the succeeding year.

Section as amended.