Appointment of

board.

pointment.

for the unexpired term. Each member of said Board shall serve for a term of four years from the date of his appointment going into effect, except those first appointed, who shall serve as follows: One for one year; one for two years; one for three years, and two for four years. The Governor shall designate the number of years each of those first appointed shall serve. They shall be residents of the State of Kentucky, each of whom shall have had at least five years' experience in the practice of embalming and the care of and disposition of dead human bodies in this State. All eligible for re-appointment. The Governor shall remove from office any member of said Board for neglect of duty, incompetency or improper conduct.

§ 2. That said Board shall be appointed on or before the first day of June, 1904, and all vacancies occurring thereafter by the expiration of their respective terms of office shall be filled annually thereafter on the aforesaid date to be selected from three names to be furnished yearly by the Funeral Directors' Association of Kentucky.

Certificate of ap- §. The Governor shall furnish each person appointed to serve on the State Board of Embalming a certificate of appointment, and such appointee shall qualify by taking the usual oath of office before any officer authorized by law to administer oaths in this State within ten days after said appointment has been made, and this fact shall be noted on the certificate of appointment and shall be filed with the Board of Embalmers.

Powers and duties

of board of embalming.

§ 4. That for the purpose of carrying out the objects of this act, which is fully set out in the title thereof, the said Board of Embalming shall have the power, and it shall be its duty:

1. To prescribe a standard of efficiency as to the

qualifications of those engaged and who may engage in the practice of embalming, in connection with the care and disposition of dead human bodies in this State.

2. To meet at least once in each year and oftener as the proper and efficient discharge of its duties may require. The secretary of said Board shall mail notices to all undertakers in this State known to him, at least fifteen days before any embalmers examination is to be held by said Board, advising them of the time and place where such examination is to be conducted. All notices required to be mailed shall be directed to the last known post office address of the party to whom the notice is sent.

3. To elect at the first meeting of the Board a president and a secretary from the members of said - Board, who shall serve for one year or until their successors shall be elected and qualified.

4. To adopt a common seal.

5. To adopt rules and regulations and by-laws from time to time, not inconsistent to the laws of this State, or of the United States, whereby the performance of all the duties of said Board and the practice of embalming dead human bodies shall be regulated.

quorum.

§ 5. The first meeting of the Board shall be held First meeting-on the second day of July, 1904, or as soon thereafter as may be practicable; three members shall constitute a quorum.

§ 6. The president of said Board, and in his absence, a president pro tempore, elected by the members present, is hereby authorized to administer caths to witnesses testifying before said Board.

President to administer oath.

§ 7. No person shall be granted a license under Qualification. this act who has not attained the age of at least twentyone years, and who has not practiced embalming dea? human bodies for at least three years, or shall have at

1

Requirements and qualifications to practice.

License not transferable.

least three years practical instruction in embalming and disinfecting under a licensed embalmer.

§ 8. From and after the first day of July, 1904, every person at that time engaged, or desiring to engage, in the practice of embalming dead human bodies within the State of Kentucky, shall make a written application to the State Board of Embalming for a license, accompanying the same with the license fee of five dollars, whereupon the applicant as aforesaid shall present himself or herself before said Board at a time and place to be fixed by said Board, and if the Board shall find, upon due examination, that the applicant is of good moral character, possessed of skill and knowledge of said science of embalming and the care and disposition of the dead, and has a reasonable knowledge of sanitation and the disinfection of bodies of deceased persons and the apartment, clothing and bedding in case of death from infectious or contagious diseases, the Board shall issue to said applicant a license to practice said science of embalming and the care of and the disposition of the dead, and shall register such applicant as a duly licensed embalmer. Such licenses shall be signed by a majority of the Board and attested by its seal. All persons receiving a license under the provisions of this act shall have said license registered in the office of the Board of Health of the city, and where there is no Board of Health, with the clerk of the town or county court in the jurisdiction of which it is proposed to carry on said practice, and shall display said license in a conspicuous place in the office or place of business of such licentiate.

$ 9. No license shall be issued or renewed for at period exceeding one year, and all licenses and renewals. thereof shall expire and terminate the 31st day of July following the date of their issue, unless sooner revoked

and cancelled. A license granted under this act shall not be transferable.

§ 10. Every registered embalmer who desires to Renewal of license. continue the practice of his profession shall annually during the time he shall continue in such practice have such license renewed by making and filing with the secretary of said Board an application thereof within thirty days preceding the expiration of his license upon blanks prescribed by the said Board and upon payment of two dollars renewal, fees.

§ 11. The State Board of Embalming may, upon sufficient proof of the violation of any of the provisions of this act, or of the violation of any rule or regulation prescribed by the said Board for the preparation, embalming, shipping or burial of any dead human body, revoke and cancel the license held by any person so violating such provision, rule or regulation.

Cancellation of

license.

etc., paid from fees.

$ 12. All expenses, salary and per diem to members Expenses, salary, of this Board shall be paid from fees received under provisions of this act, and shall in no manner be an expense to the State. All moneys received in excess of said per diem allowance and other expenses provided for, shall be held by the secretary of said Board as a special fund for meeting the expenses of said Board.

§ 13. That on and after the first day of September, 1904, it shall be unlawful for any person not a registered embalmer, to embalm or pretend to practice the science of embalming in connection with the care and disposition of the dead, unless said person is a registered embalmer within the meaning of this chapter.

§ 14. Nothing in this act shall apply to or in any Application of act. manner interfere with the duties of any officer of local or State institution, nor shall this act apply to any person engaged simply in the furnishing of burial re

Penalty for violation.

ceptacles for the dead, but shall only apply to such person or persons engaged in the business of embalming in connection with the care and disposition of the dead.

$ 15. Any person who shall embalm or attempt to practice the science of embalming in connection with the care and disposition of the dead, without having complied with the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof before any court, shall be sentenced to pay a fine of not less than fifty dollars nor more than one hundred dollars for each and every offense.

§ 16. All fines collected for the violation of any of the provisions of this act shall be paid into the Public School Fund of this Commonwealth.

Approved March 22, 1904.

Appointment of

Overseers.

CHAPTER 90.

AN ACT to amend section 4310, of an act, entitled "Roads and Passways," approved March 10, 1894.

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

§ 1. That section 4310, under chapter 110, entitled, "Roads and Passways," be amended, in the fifteenth line of same by inserting the word "twenty-five," in lieu of the word "fifteen," and at the end of said section add the following: "Or upon indictment by the grand jury, and tried in the circuit court;" and when said section is so amended, it will read as follows:

"§ 4310. The appointment of overseers shall be, by order entered in the order book of the court; and the clerk of said court shall, within ten days after the entry aforesaid, deliver two copies of such order for each over