such delinquent member; and such commanding officer may turn over to any constable, police officer, sheriff, deputy sheriff, or jailer, any member of his command so arrested or cause to be arrested by him, and such constable, police officer, sheriff, deputy sheriff, or jailer shall hold such man so arrested by him or turned over to him as aforesaid, in his custody or in confinement in the county jail until he has been tried by the proper court martial, or civil court or has been discharged by the proper authority, and for a period not exceeding five days. Any member so arrested may be confined awaiting trial, as prisoners are held charged with misdemeanor, or may be admitted to bail by the officer holding him in arrest or custody, upon giving good surety, to be approved by such officer, in the sum of fifty dollars or less, if his commanding officer consent thereto, conditioned that the arrested member will appear at the time and place fixed for the trial of his case, and, in the event of his failure to so appear, the amount of said bond to be forfeited, to be recoverable as the penalties in other bonds, and to be paid into the Treasury of the State. The cost of confinement of such member of the militia, so arrested, shall be paid by the county in the same manner as other misdemeanor

cases.

§ 135. Failure of Civil Officers to Act.-It is hereby made the duty of all justices of the peace, police judges, constables, police officers, sheriffs, deputy sheriffs, jailers, and other civil officers to perform the duties herein required of and imposed upon them, whenever so requested by an officer of the Kentucky National Guard having the authority so to do as herein provided, and any civil officer above named, who shall wilfully fail or refuse to perform any duty required of him pursuant to this act, shall be guilty of

a misdemeanor, and upon conviction, in any court of competent jurisdiction shall be fined not less than one hundred dollars and not exceeding five hundred dollars.

§ 136. Penalty for Assembling or Drilling With Arms Without License-Exceptions.-It shall be unlawful for any body of men whatsoever other than the regular organized militia of this State and the troops of the United States, to associate themselves together as a military company, or other armed organization, or to drill or parade with arms anywhere within the State without the license of the Governor thereof, which license may, at any time, be revoked; Provided, that nothing herein contained shall be construed to prevent benevolent or social organizations from wearing swords, or students in educational institutions, chartered under the laws of the State, wherein military science is part of the course of instruction, from drilling and parading with arms in public, under the superintendence of their instructors. Whoever offends against the provisions of this section, or belongs to or parades with any such unauthorized body of men with arms, shall be punished by a fine of not less than ten nor more than fifty dollars, or imprisoned in the county jail for a term not exceeding six months or both.

§ 137. Duty of Commonwealth Attorneys and County Attorneys. It is hereby made the duty of the Commonwealth Attorneys and county attorneys, upon the request of any commanding officer of the Kentucky National Guard, to render legal advice and assistance to such commanding officer, with reference to his powers and duties, under this act, and assist in prosecutions under this act.

§ 138. Unauthorized Parades-Voluntary Service. No parade or voluntary service shall be per

formed by any company, or part thereof, under arms, or in uniform, without the approval of the regimental commander, or higher authority.

§ 139. Disabled in Active Service or on Active Duty. An officer or enlisted man becoming disabled while in active service, or on active duty, shall be furnished, under the direction of the commanding officer, with medicines and proper medical attendance until he has been returned to his residence; the cost of such medicines and medical attendance shall be a proper charge against the State, and shall be paid from the Treasury on properly certified and approved vouchers.

§ 140. Dying in Active Service or on Active Duty. -The body of an officer or enlisted man, who dies while in active service, or on active duty, while his command is absent from its home station, shall, under the direction of his commanding officer, be properly prepared for burial, enclosed in a suitable. casket, and escorted to his late residence, by a proper escort; Provided, That the total cost of embalming and preparing the body for burial, and cost of the casket, combined, shall not exceed the sum of one hundred dollars. The cost of such preparation for burial and casket shall be a proper charge against the State, and shall be paid from the Treasury on properly certified and approved vouchers.

$141. Confederate Records.-The Adjutant General of the State of Kentucky is hereby directed to gather all the data obtainable concerning the different organizations, who enlisted or served in the Army of the Confederate States in the War of the Kebellion, compiling the same by regiment, battery, troop, and company in the usual form of reports of Adjutants General made heretofore in this Commonwealth in regard to other similar organizations, and

adding thereto such other information as he may deem best; and he will enter same upon a book to be kept in his office as a public record, giving regiments etc. in their consecutive number, and he will cause same to be printed in a book to be well bound in cloth and furnish one copy to each county clerk of this Commonwealth and one copy to each Adjutant General of the several Commonwealths of these United States, preserve a reasonable number for his office and the State Library, and cause a suitable number to be printed and placed with the State Librarian for a price to be agreed upon by and between the said Adjutant General and Librarian. The book containing a list of Confederate Volunteers shall be labeled on the title page and on the outside cover, "Confederate Kentucky Volunteers, War 1861-'65." In compiling this record, the Adjutant General shall be allowed actual expenses in gathering data of the Confederate Veterans and expense of copies of the War Department record, and the assistance of a clerk or stenographer in compiling same, at a salary to be agreed upon by the Governor and the Adjutant General. The printing made necessary under this resolution shall be done by the Public Printer, and he shall receive the same pay therefor and be paid in the same manner as other printing is paid for. Any and all expenses arising under this resolution shall be paid out of the general expense fund, and the Auditor shall draw his warrant in favor of the persons to whom same is due, upon accounts approved by the Adjutant General and Governor. (This section is a part of a joint resolution of March 27th, 1902.)

$142. All acts and parts of acts inconsistent with this act, shall be, and are hereby, repealed.

Approved March 23, 1916.

CHAPTER 44.

AN ACT to provide means for the analysis and examination, investigation, publication, and other necessary expenses connected with the carrying out of Chapter four of the Acts of the General Assembly of the Commonwealth of Kentucky of nineteen hundred and eight, entitled, "An Act for preventing the manufacture and sale of adulterated or misbranded foods, drugs, medicines and liquors, and providing penalties for violation thereof," and appropriating and limiting the amount of money to be paid from the treasury of the Commonwealth for such work.

Whereas the Court of Appeals has, by decision, held that Section eleven of the Act approved March thirteenth, nineteen hundred and eight, being Chapter four of the Acts of the General Assembly of the Commonwealth of Kentucky or nineteen bundred and eight, and entitled "An Act for preventing the manufacture and sale of adulterated or misbranded foods, drugs, medicines and liquors, and providing penalties for violation thereof," is in violation of the Constitution of the Commonwealth of Kentucky, in that the said Section eleven is not mentioned in the title of the said Act; and

Whereas the enforcement of laws to prevent food and drug adulteration is vitally essential to the health of the people and the integrity of commerce in these products; and

Whereas the laws will be dead letters if investigations and analyses to discover adulterations and fraud are not continued, and the State will become a dumping ground for all manner of adulterated and debased foods and drugs and liquors; now, therefore,

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

§ 1. The Kentucky Agricultural Experiment Station shall receive expenses for the analysis or examination of any sample of food or drug taken or submitted in accordance with Chapter Four, of the Acts of the Commonwealth of Kentucky, approved March thirteenth, nineteen hundred and eight, and expenses for procuring samples of food or drugs and in making inspections into the condition and whole