then petition the Judge of the Police Court, County or Circuit Court in the district in which the food is found for the condemnation and destruction of any such product. The owners or defenders of any such product or property shall be given the right to a hearing, first before the officer, if they so desire, and before the court. The notice of a hearing to be before the officer shall also state the length of time within which such hearing may be had.

Three. In case the finding of the court is with the officer, the article shall be destroyed at the expense of the owner of the property, or by the owner of the property under the supervision of the officer, and in such case all other costs shall be taxed against the owners or defenders of the property, if such appear, or shall be collected, if no one appear, against the owner or agent properly ascertained.

§ 13. Whoever violates any of the provisions of this act, or who refuses to comply with any lawful order or requirement duly made in writing as provided in Section eleven of this act, shall be guilty of a misdemeanor and on conviction shall be punished by fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00), or by imprisonment not to exceed thirty days, or by both fine and imprisonment, and for the second and subsequent offenses by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) or by imprisonment in the county jail for not more than ninety days, or both, in the discretion of the court; and each day after the expiration of the time limit for abating insanitary conditions and completing improvements to abate such conditions, as ordered as aforesaid, shall constitute a distinct and separate offense.

§ 14. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 23, 1916.

CHAPTER 38.

AN ACT to amend and re-enact Section 2 of Chapter 70, of the Acts of the General Assembly of 1914, which relates to the parole of prisoners confined in the State penal institutions.

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

§ 1. That Section 2 of Chapter 70 of the Acts of 1914, which is now subsection 2 of Section 3828, Kentucky Statutes, be and the same is hereby amended and re-enacted so that same will read as follows:

After any prisoner has been confined in one of the penal institutions of this State for at least half of the sentence imposed upon such prisoner by the judgment of the court wherein he was convicted and sentenced, he may file an application for a parole with the Board of Prison Commissioners, excepting persons convicted for life or persons sentenced for sixteen years or longer, to one of said institutions, who shall not be allowed to file an application for parole until eight years have elapsed since the said prisoner was confined in said institution. The board shall have full power and authority to 'adopt and certify to the warden of each institution under their control such reasonable rules and regulations as the board shall deem wise and fair, providing for the keeping of proper records of the conduct and deportment of prisoners, and for the careful record of any important facts in the life and character of such prisoners, which may be pertinent for consideration

in the final determination of such prisoner's application for parole.

The said board, after careful consideration and in the full exercise of its discretion, deem said application reasonable and timely, said board shall ascertain from the records of the institution where said applicant is confined, and from other trustworthy sources whether he, or she, has been of good demeanor, and, in the opinion of the board has been sufficiently meritorious and has earned sufficient grade or rank for good conduct by obedience to the rules and regulations of the institution in which he, or she, is confined for the period of time to be fixed by the rules of the board, next preceding the date of his or her application; and said board shall also ascertain whether the applicant has secured, or had secured for him or her, some respectable employment with a solvent, reputable person, firm or corporation at a compensation sufficient to render such applicant self-sustaining after parole, which employment shall be evidenced by a written contract of employment for at least six months; Provided, however, that prisoners under the age of sixteen years and female prisoners may be paroled without contract for stipulated wages, where a home for such prisoner shall have been procured in a reputable family or apprenticed to a solvent reputable person, firm or corporation under a written contract for proper support, care and moral supervision; and no contract shall be necessary for the employment of prisoners owning estates sufficient to yield enough income or proceeds to make such prisoner self-sustaining.

The said board, shall, by its rules, provide proper forms of contract, applicable to the respective classes of prisoners enumerated in this section, and may, in

1

its discretion, require a surety or sureties for the faithful performance of the same.

After said board has ascertained the facts mentioned above, and the prisoners previous life as to probity or criminality, and as to the indications of his purpose to reform, they shall consider said application and shall have full discretion or power to refuse the same, but if they wish to have the parole granted, they shall take a brief report in writing to the Governor, stating the facts mentioned in this section, together with the reasons in favor of granting the application for parole, and if the Governor then approve the granting of the parole by his signature thereto, said parole shall be granted and the certificate thereof with the Governor's signature attached thereto, shall be given to said prisoner. On the parole of any prisoner, he shall be provided at the expense of the Commonwealth with a suit of clothes, transportation to the county in this Commonwealth in which he has secured employment, and with five dollars in cash.

§ 2. All laws in conflict with this act are hereby repealed.

Approved March 23, 1916.

CHAPTER 39.

AN ACT to repeal and re-enact Chapter 19 of the Acts of 1914, which is an Act concerning the trial and punishment of prisoners indicted for felony or misdemeanor.

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

§ 1. That Chapter 19, of the Acts of 1914, which is now Section 1130 of the Kentucky Statutes, be,

and the same is hereby repealed, amended and reenacted so that same will read as follows:

"The jury by whom an offender is tried shall fix by their verdict the punishment to be inflicted within the periods and amount prescribed by law; persons sentenced to punishment by confinement in the penitentiary shall be kept at hard labor. In cases where the punishment is a fine or imprisonment in the county jail, or both, the imprisonment shall be by close confinement in the jail of the county where the trial was held, unless otherwise provided; and the prisoner shall also be confined in the jail until the costs are paid, unless otherwise provided."

§ 2. Any person convicted and sentenced to the penitentiary under the preceding section shall receive a credit on his sentence of not exceeding ten days in each month, the amount of credit to be determined by the Board of Prison Commissioners from the conduct of the prisoner. The Board of Penitentiary Commissioners shall prescribe rules for the control, conduct and management of the prisoners and allow to each prisoner a credit on his or her sentence in accordance with such rules and regulations.

§ 3. All laws in conflict with this act are hereby repealed.

Approved March 23, 1916.

CHAPTER 40.

AN ACT appropriating money for the repairs for the colored wards for the Eastern State Hospital at Lexington, Kentucky. Whereas, It appears from various reports made by joint committees of the Senate and House, by the Board of Control and the superintendents, that there was not sufficient room to accommodate the white and colored patients from the-Eastern