By-laws. Powers. tinue and shall have perpetual succession; and in that name are made capable in law as a natural person to sue and be sued, plead and be impleaded, contract and be contracted with, and shall have the right to sue and be sued in all the courts of law and equity in this Commonwealth; to make and use a common seal, and the same to break, alter, renew at pleasure. Said corporation may make regulations and by laws for their government, and may alter and renew the same and amend the same at pleasure: Provided, The same are not contrary to the Constitution of the laws of the United States or the State, and not inconsistent with the constitution, laws, and regulations of the Grand Lodge of the Independent Order of Odd Fellows, incorporated by an act approved February 16th, 1838. The said corporation shall have power to acquire, by gift, purchase, or donation, real and personal estate not exceeding ten thousand dollars in value, and to sell and convey, by order of said lodge, in such manner as may be directed by order entered upon the books of said lodge, or any part of the same, and may re-invest the proceeds as the lodge by order may direct. § 2. This act to take effect and be in force from and after its passage. Approved December 14, 1881. Selling liquors. CHAPTER 9. AN ACT for the benefit of and to amend the charter of the Maysville Agricultural and Mechanical Association. Be it enacted by the General Assembly of the Commonwealth of Kentucky: 1. That it shall be unlawful to sell spirituous, vinous, or malt liquors, or any mixture thereof, in any quantity or quantities whatever, either with or without license, on the grounds owned by the Maysville Agricultural and Mechanical Association, situate above Maysville, in Mason county, Kentucky, or at any place outside of said grounds east of the eastern boundary of the town of Chester, and within one half mile of the boundary of the grounds owned by the Maysville Agricultural and Mechanical Association; and any person thus offending shall be fined in any sum not less than twenty dollars nor more than fifty dollars, to be recovered, for the use of the public school fund of Kentucky, before any justice of the peace of Mason county, as other fines are recovered for violations of the penal laws of this Commonwealth. § 2. Be it further enacted, That any person who shall wager, Betting. bet, or lose any money, property, or other thing of value on the grounds owned by said corporation, or outside of said grounds and within the boundary set forth in the first section of this act, shall be fined therefor the sum of fifty dollars for Fine. each offense, to be recovered, for the use of the public school fund of Kentucky, before any justice of the peace of Mason county, as other fines are recovered for violations of the penal laws of this Commonwealth. §3. This act shall take effect and be in force from its passage. Approved December 14, 1881. CHAPTER 10 AN ACT to revise and amend the charter of the city of Bowling Green. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That so much of the county of Warren as is embraced Boundary. in the following boundaries, to-wit: Beginning at a point on Barren river about one hundred yards below Bowling Green Woolen Mills at a marked stone; thence with an original and other lines of the Curd estate to a marked stone at the upper or western corner of D. B. Campbell's former residence property; thence in straight line to a marked stone near the residence of F. G. Ragland; thence in a straight line to a marked stone on the west side of the old Double Springs road, including Arch Cook's former residence property; thence with the west side of said Double Springs road to the street running by Fred. Hespin's former residence, and in the rear of the Jacob Vanmeter property; thence with the west side of said street to the corner, including said Hespin property; thence in a straight line westwardly to a marked stone on the east side of the Brown's Lock county road, so as to inclose the residence of Gilbert Graham; thence with the east side of said Brown's Lock road towards the public square to a marked stone at the corner of the Thomas Whitten property; thence in a straight line to a marked stone in the Dish man Mill road, near the residence of J. W. Gorin; thence in a straight line to a marked stone in the line of the Louisville and Nashville Railroad; thence with the line of said railroad to the bridge on the Morgantown road over the railroad; thence with the city or north side of said Morgantown road to its junction with the Russellville county road; thence in a straight line to the Ogden College property; thence with the rear line of said property to a marked stone in the Nashville turnpike; thence in a straight line to the nearest corner of the Warren County Agricultural and Mechanical Association's property; thence with said association's lines, inclosing all of its property, to a marked stone near the most northerly corner of said property; thence in a straight line to a marked stone in the curve of the Bowling Green and Scottsville Turnpike; thence in a straight line to a point on Barren river just above and inclosing the residence of Robert Strange; thence with the meanderings of said river down stream to the beginning, is hereby declared to be a city, and the inhabitants thereof are created a body-corporate and politic forever with perpetual succession, by the name of the "City of Bowling Green, and by that name retaining and possessing the power to sue and be sued, plead and be impleaded, contract and be contracted with, in the name of the "City of Bowling Green;" to have and to use a common seal, and alter and change or renew the same at pleasure; to hold, enjoy, lease, sell, and dis. pose of any property now vested in the city of Bowling Green, or in any person or corporation for the use of said city, or which may hereafter be acquired, to the intent or purposes for which same was, is, or may be taken or granted, notwithProcess served. standing its locality; and in all suits against said city, services of process shall be upon the mayor, or, in his absence, upon the acting mayor pro tem. Powers. Ist ward. zd ward. ARTICLE II. 1. That the city of Bowling Green is hereby divided into three wards, defined and bounded as follows: The first ward shall consist of all the territory of said city lying in the southern angle, bounded by Main and Mechanic streets. The second ward shall consist of all the territory of said city lying in the eastern angle, bounded by Main and Mechanic. streets. "The third ward shall consist of all territory of said city 3d ward. not included in the first and second wards. § 2. The board of councilmen may, by ordinance, change New wards. said wards, or create new wards at any time in the future, as the public convenience demands, endeavoring to equalize the population as nearly as possible. ARTICLE III. Board of Councilmen. §1. That all legislative power herein granted and con- Council. ferred shall vest in a body known as and styled the " Board of Councilmen of the City of Bowling Green. Kentucky," which shall consist of the mayor and four councilmen from each ward. 2. The mayor and six councilmen, or, in the absence of Quorum. the mayor, seven councilmen, shall constitute a quorum for the transaction of any business; but a smaller number may adjourn from day to day, or time to time, and may compel the attendance of absent members, in such manner and under such penalties as may be prescribed by ordinance. $ 3. No person shall be eligible to the office of councilman Qualifications. who is not a male citizen of the United States, of good moral character, who has not attained the age of twenty-one years, who has not resided in the city of Bowling Green for two years next preceding the day of his election, who is not a bona fide resident of the ward from which he shall be chosen, who cannot read and write intelligibly, who is not the owner of real estate situated in said city, unencumbered by lien or mortgage, for one year previous to the day of election, or who is interested directly or indirectly in any contract with said city, the terms, rates, or prices thereof being subject to modification or enforcement by said board of councilmen ; and no person shall be eligible to said office who, at the time of his election, is indebted to said city, either as principal or surety, upon any bond executed to said city, or for taxes, and no collector or keeper of city funds shall be eligible until he shall have settled with said city, and obtained a discharge in full. 4. The board of councilmen shall, at its first regular Returning board. meeting in January of each year, appoint a committee of three from the members of the board having the longest time to serve, to whom shall be referred all returns for the Vacancy filled. Contested e tions. Vacancy-how filled. classes of. election of mayor and councilmen, and said committee shal meet within three days after an election is had for mayor or councilmen, and canvass the returns, and shall also inquire into the qualifications of the candidates for mayor and councilmen, and shall report to the next regular meeting of the board of councilmen the names of the candidates receiving the highest number of votes, and shall certify whether or not each of the candidates reported by them as having been elected possess the requisite qualifications for the offices to which they have been elected, as required in this charter. Upon the coming in of this report, the board shall, by resolution, declare the result of the election, and decide who is entitled to the respective offices. If the board, from the report of the committee on elections, or otherwise, is of the opinion that any of the persons receiving the highest number of votes is not possessed of all the qualifications required herein, it shall declare the election of such person void, and proceed to fill by appointment the vacancy thus caused. § 5. The board of councilmen shall be the sole judge of the qualifications, electio.. nd returns of the mayor and councilmen, and shall determine all contested elections. § 6. If any member of the board of councilmen shall remove from the city, or if any councilman shall remove out of the ward from which he was chosen, or if, from any cause whatever, any member of the board of councilmen shall be deprived of or cease to possess any of the qualifications required herein, such member shall forfeit his office, and his seat as a member of the board of councilmen shall be thereby vacated, and the vacancy so caused shall be ascertained by a resolution of said board reciting the cause of the forfeiture; but no such resolution shall be adopted until after the member shall have had ten days' notice from the city attorney of the intended proceeding. 7. The councilmen shall be divided into two classes, as Councilmen now provided by law, so that two councilmen from each ward may be annually elected; and the councilmen elected at the regular election in December shall begin the duties of their offices and take their seats as members of the board of councilmen on the first Monday in January next succeeding their election. The councilmen, before entering upon the duties of their offices, shall take the oath of office prescribed in the Constitution of the State. Oath. |