Second. All vacancies which shall occur in the office of councilmen shall be filled by the board of councilmen at its regular meeting next succeeding thereto, the appointment to be made from the ward in which the vacancy occurs; and the person thus appointed shall continue in office until the expiration of the term for which his predecessor was elected.

Third. When a vacancy shall occur in the office of judge of the city court and city marshal, the board of councilmen shall immediately proceed to fill said vacancy until the first Monday in August next succeeding, when an election shall beheld by the people to fill out the unexpired term, notice of which shall be given by proclamation of the mayor at least eight days before the day of election; and in case of a vacancy occurring within eight days next before the first Monday in August of any year, the vacancy shall be filled by the board of councilmen until the first Monday in August of the next year, when an election shall be held by the people as in this. section provided.

Fourth. The mayor shall, by proclamation, give at least Notice of elec eight days' notice of all elections by the people prescribed in this article.

tions.

Resignations.

Fifth. All resignations of office shall be tendered to and acted on by the board of councilmen.

Sixth. The term "vacancy in office," or any equivalent Vacancy defined phrase, as used in this charter, means such as exists when there is an unexpired part of a term without a lawful incum. bent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time prescribed. It applies. whether the vacancy is occasioned by death, resignation, or removal, or otherwise.

Seventh. When a vacancy shall occur in any office which is filled by appointment of the board of councilmen, it shall be the duty of said board, at its next meeting thereafter, to appoint a suitable person to fill the vacancy, and the person thus appointed shall hold the office until the expiration of the term for which his predecessor was appointed: Provided, The mayor shall have power to appoint some suitable person to perform the duties of the office made vacant until the board of councilmen shall meet and fill the vacancy as prescribed above.

ARTICLE XIII.

General Provisions.

ions..

§ 1. All acts amendatory of the charter of the city of General provisBowling Green now in force, in so far as they relate to the purchase and government of "Fairview Cemetery," and to the water-works in said city, are hereby re-enacted and made a part of this revision, and nothing contained in this act shall be construed as repealing said acts now in force relating to said cemetery and water-works.

§ 2. The board of councilmen shall have power to provide Sinking und. by ordinance for the establishment of a "sinking fund" for the payment of the outstanding indebtedness of said city, and the appointment and regulation of the commissioners and other officers of said fund, and to require such bond from the treasurer or any other officer thereof as it may be prescribed by ordinance; and until otherwise changed by ordinance, the present commissioners and treasurer shall continue in and exercise the duties of their respective offices: Provided, The board of councilmen shall have the power to fill any vacancies occurring therein.

§3. The records of the city of Bowling Green, and all Records. bonds and contracts executed to said city, are hereby declared to be public records, and are to be safely preserved and kept, subject to public inspection during the business hours of the day, and copies thereof, certified by the mayor or clerk of said city, shall be evidence in all courts to the same extent Evidence. that the originals would be on proof; and all ordinances or parts of ordinances of said city now in force, not in conflict with this act, shall continue in force until repealed by the board of councilmen, and all laws vesting rights, privileges, or exemptions in or imposing duties upon the city of Bowling Green, not herein superseded or repealed, shall remain in force, until repealed by the General Assembly of the Commonwealth of Kentucky.

§ 4. This act shall be a public act, and be judicially noticed and liberally construed by all courts in this State; and in pleading it shall not be necessary to recite the by-laws and ordinances of the board of councilmen, but it shall be sufficient to refer to their date, title, and section, and the fact of any person being a citizen of the city of Bowling Green shall not render such person incompetent as a witness or juror in. any suit to which said city may be a party.

35. This act shall take effect from and after its passage, and thereafter be the charter of the city of Bowling Green; and all laws or parts of laws coming in conflict with this act, or any provisions thereof, are hereby repealed.

Approved January 2, 1882.

CHAPTER 12.

AN ACT for the benefit of R. E. Cook, of the city of Henderson. WHEREAS, R. E. Cook has been elected secretary and treasurer of the board of trustees of the Henderson public schools; and whereas, at the time of said election he was and is a common councilman of the city of Henderson; and whereas, there is a question as to the said offices being incompatible; therefore,

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

§ 1. That the said R. E. Cook be, and he is hereby, authorized, empowered, and enabled to accept and hold the office of secretary and treasurer of the board of trustees of the Henderson public schools, to receive the pay and emoluments, and to discharge the duties thereof; and the acceptance and holding of said office shall in nowise disqualify him as councilman of said city.

2. This act shall take effect and be in force from its passage.

Approved January 6, 1882.

CHAPTER 13.

AN ACT to amend the road law of Campbell county, requiring surveyors of roads in said county to work their roads and put them in good repair before the first of September in each year.

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

§ 1. That the surveyors of public roads in Campbell county, except in the district of Highlands, shall cause their respective roads to be worked and put in good repair before the first day of September in each year, and upon failure to comply with the requirements of this act, such surveyors shall be

subject to the penalties prescribed by the general laws of the State for such failure.

§ 2. This act to take effect from its passage.

Approved January 6, 1882.

CHAPTER 14.

AN ACT for the benefit of the tax-payers of Nebo district, in Hopkins

county.

Be it enacted by the General Assembly of the Commonwealth

of Kentucky:

fund.

§ 1. That in order to provide for the payment of the inter Creating sinking est, and also for the redemption of the bonds of the Nebo district, in Hopkins county, which were issued in payment of stock subscribed by said district in the Madisonville and Shawneetown Straight-line Railroad Company, a sinking fund is hereby created and established, to be made up of any dividends on the stock owned by the district, and of the annual tax levied and collected, and to be levied and collected, from the tax payers of said district. Said fund shall be devoted to the purposes pointed out in this act.

§ 2. All the resources and income provided by this act shall be under the management and control of the three commissioners of the sinking fund for the Nebo district, who have been or may be appointed by the Hopkins county court, or the judge of said court, under the provisions of an act to incorporate the Madisonville and Shawneetown Straight-line Railroad Company; and said commissioners shall be charged with the payment of the interest on the bonds of said district as the same shall accrue out of the sinking fund hereby created; and after the payment of said interest, they may use the whole or any part of the remaining fund in the purchase of the bonds of said district: Provided, The said commissioners shall not pay exceeding eighty-five cents to the dollar on the face of each bond until after the expiration of five years from June 1st, 1881: And provided further, That said bonds so redeemed, and all coupons paid, shall be burned in the presence of the Hopkins county court.

§ 3. In addition to the levy of a tax to pay the interest on County courtpower to levy the bonds of said district, as authorized by the act incorpo- additional tax. rating said company, the Hopkins county court (the judge alone sitting) shall have power annually to levy a further

tax collector.

tax, not exceeding five thousand dollars in one year, to be levied and collected in the same manner as the interest afore said is now levied and collected under the act incorporating said railroad company. The amount thus levied and collected shall constitute a part of the sinking fund provided in the first section of this act, and shall be used in the redemption of the bonds of said district.

§ 4. The levy made by the Hopkins county court imposing a tax of one dollar and fifty cents on each one hundred dollars of taxable property for the present year is hereby legalized and made binding; and said tax, when collected by the sheriff or any authorized collector, shall be paid to the treasurer of said sinking fund commissioners, and shall constitute a part of the fund provided in this act for the payment of the interest and for the redemption of the bonds of said district. The fiscal year for the levy of said tax, and payment of the interest on said bonds, shall hereafter commence on the first Monday in February.

§ 5. The Hopkins county court shall have full power to May appoint a appoint a collector of tax for said district, who shall be a resident of Hopkins county, be over the age of twenty-one years, and a competent person. The said court may agree with said collector as to his compensation, which shall not exceed six per cent. on the first thousand dollars, and five per cent. on the remaining sum collected. Such collector, before proceeding to act, shall execute bond, with good sureties, to be approved by the Hopkins county court, as is now provided for sheriffs in the act incorporating the Madisonville and Shawneetown Straight-line Railroad Company, and shall be liable in the same manner. Should the said county court be unable to procure a suitable person to act as collector, it shall be the duty of. the sheriff to collect said taxes on his official bond as sheriff of Hopkins county. Any collector appointed under the provisions of this act shall have all the power and authority for collecting and distraining conferred upon the sheriff under the said act incorporating the Madisonville and Shawneetown Straight-line Railroad Company: Provided, That the taxes levied for the present year shall be collected by the sheriff, the same being in his bands for collection.

§ 6. This act shall take effect from and after its passage.

Approved January 6, 1882.