c. What, if any, portion of the loss, proposed to be made good from this fund resulted from causes covered by this fund?

d. Will it be practicable to make the restoration from the general fund and the proceeds of any insurance policies, without assistance from this fund? e. If assistance is needed, from this fund, how much? $

f. If so, how will the portion so used be returned to the fund?

g. Does or not, each committee recommend an appropriation from this fund to aid in the restoration proposed?

h. If so, how much?

Every vote upon the use or investment of any portion of said fund shall be by call of the ayes and nays and the record shall show how each member voted.

6. In case of delay by any insurance company in paying over to the Board of Education the amount of any loss under a policy, the board may, on the recommendation of the building and finance committees, appropriate out of this fund a sum not exceeding the amount of the provable loss under said policy, to aid in the prompt restoration of such loss, provided, that in no event shall the amount so drawn from this fund exceed the amount collectable from said policies and that a resolution be adopted setting over to this fund the proceeds of said policies or sufficient thereof to replace the amount so used, and the proceeds when collected shall be so used and not otherwise.

7. Any member of the board who shall vote for, or any officer of said board who shall certify to or draw a check for, an appropriation in violation of this act shall thereby be and become liable

to the board for the restoration of the amount of such wrongful appropriation, such liability to be enforced in an action brought by the board or by any citizen of the district or by the Superintendent of Public Instruction of the State and shall in addition be guilty of malfeasance in office and upon conviction shall forfeit his office and may for each offense be fined not less than $50.00 nor more than $1,000.00 or imprisoned from one to five years, or both so fined and imprisoned in the discretion of the court-one-half of said fine to be paid over by the collecting officers to said board.

Approved March 23, 1916.

CHAPTER 59.

AN ACT providing for a commission form of government for schools in cities of the fourth class, to become effective in such cities upon its acceptance by the governing authorities of such cities and the schools therein, and providing method of adoption.

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

1. Each city of the fourth class in this State, together with the territory now within its limits, including any territory which has heretofore been added for school purposes outside the limits of said city, and in territory which may be in the future included by any change in the limits of such cities, shall be and constitute a single school district, and the supervision and government of common schools and common school property therein shall be vested in a board of five trustees to be called and known as the "Board of Education of

Kentucky," (in which title the name of such city shall be inserted). Such board of education shall be a body corporate, and shall have power, by and in said name, to sue and be sued, contract and be contracted with, purchase, receive, hold and sell property, do all things necessary to accomplish the purpose for the attainment of which such school district is organized, and succeeded to all the property, property rights and privileges of whatever kind or nature, granted and belonging to any previous corporation, board of education or school district in such city, or officers thereof, authorized or empowered by any enactment of the General Assembly of the State to do anything in reference to the public education. Provided, that all pending suits to which any such previous corporation, board of education or school district, or officers thereof, is a party, may be prosecuted to an end in the name of such party. The titles to property previously granted to such city by the United States or this State, for common school purposes, and the title to all school lands and other property of every kind, shall be vested in the board of education created by this act.

2. Every such board of education shall have general and supervising control, government and management of the public schools, including kindergartens, night and normal schools and high schools as hereinafter provided, and public school property in such city, with the right to use said property to promote public education in such ways as it may deem necessary and proper; shall exercise generally all powers in the administration of the public school system therein, appoint such officers, agents and employes as it may deem neces

sary and proper and fix their compensation and term of office; shall have power to fix the time of its meetings to make, amend, and repeal rules and by-laws for its meetings and proceedings, for the government, regulations and management of the public schools and school property of such city, for the transaction of its business, and for the examination, qualification and employment of teachers, which rules and by-laws, when not inconsistent with the general law of the State, shall be binding on such board of education and all parties dealing with it until formally repealed by an affirmative vote of three members of said board; to provide for special and standing committees; to provide for the appointment of a medical inspector for the school and to take such other steps as may be proper and necessary to secure and maintain the physical welfare of the pupils therein; to certify to the General Council or the Board of Commissioners the amount of money necessary for the maintenance and improvement of the schools as hereinafter provided, and to purchase and hold all property, real and personal, deemed by it necessary for the purposes of public education, or for the investment of the public school funds, to build and construct improvements for such purposes, and to hold or sell the same.

3. It shall also have power, when unable to contract with the owner of any real estate necessary to the proper accomplishment of the purpose for which said board is created, to institute condemnation proceedings in accordance with the law governing railroad corporations operated or incorporated under the existing laws of this Commonwealth, under laws which may hereafter be enacted; and to have in such proceedings the same rights,

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powers, privileges and restrictions as are now granted to or conferred upon such railroad corporations. Such board of education shall have all the powers of other school districts under the laws of this State, except as herein provided.

§ 4. No person shall be eligible to the office of member of the Board of Education who has not attained the age of twenty-four (24) years, and who is not a citizen of the United States, and who has not been such citizen for at least three years preceding his election, and a resident of the city for which he is elected, or who holds or discharges any office, deputyship or agency under the city or county of his residence, except that any member of said board, or any existing board, shall be eligible for re-election; no person shall be eligible to this office who at the time of his election is directly or indirectly interested in the sale to the board of books, stationery, or other property. If, at any time, after the election of any member of said board, he shall become interested in any such contract with or claim against said board, or if he shall, after election, become a candidate for any office or agency or for the nomination thereto, the holding and the discharging of the duties of which would have rendered him ineligible before election, or if he shall move his residence from the city for which he was chosen, or if he shall do or incur anything which would have rendered him ineligible for election, his office shall without further action be vacant, and it shall be filled as herein directed. Provided, that no member of said board shall vote regarding the appointment or employment in any capacity of any person related to said member as father, mother, brother, sister, husband, wife, son or daughter, nephew or niece.