$39. A writ of election to fill a vacancy in the office of Myers' Sup., 464. sheriff shall be issued by the county judge, or if the county judge is not at the time in the county, then by the county clerk.

Vacancy election to fill.

County court to fill temporarily.

$40. A vacancy in the office of sheriff shall be filled by Myers' Sup., 462. the county court of the county in which it exists, until the next August election, and until the successor then chosen shall qualify; and if from any cause an election is not held, or the vacancy is not then filled, the county court shall fill the vacancy for the unexpired term, if it be less than one

year.

tute Commission

ers of.

CHAPTER 101.

SINKING FUND.

§ 1. The Governor, the Secretary of State, the Attorney Who to consti- General, the Auditor, and Treasurer of the Commonwealth, shall, ex officio, constitute the Commissioners of the "Sinking Fund of Kentucky," and by that name and style shall Body-corporate. be a body-corporate and politic, and may contract and be contracted with, sue and be sued, and do and perform all things necessary to execute the duties required and the powers vested in them by law. They may have and use a common seal, and adopt any rules or by-laws for their gov ernment which they may deem necessary, not inconsistent with the laws of the Commonwealth.

secretary of the

§ 2. It shall be the duty of the Auditor to act as the secAuditor to be the retary of the board, and he shall keep a true and faithful record of the proceedings, actings, and doings of the board; which record shall at all times be subject to the inspection of the Legislature or of any committee thereof.

board.

His duties.

3. The Governor shall be the president of the board, Governor presi- who, with any three of the other Commissioners, shall constitute a board to transact business.

dent of board.

Resources of un

commissioners.

§ 4. The funds, property, estate, revenues, and income belonging to, or set apart by law to the use of, the Sinking der control of the Fund, shall be vested in, and under the control and management of, the said Commissioners, and when injured, withheld, abstracted, or converted by any person or persons, may be sued for and recovered, either in their corporate name or in the name of the Commonwealth of Kentucky.

And if any incorporated company, in which the Commonwealth of Kentucky owns stock or is otherwise interested, shall refuse or hinder the right of the Commissioners, or of any agent appointed by the Governor for the purpose, to vote the stock of the State in such incorporated company, according to the terms of its charter, the Commissioners may, by mandamus or other appropriate proceeding in the Franklin circuit court against such incorporated company, enforce their rights in the premises, and recover such damages as they may have sustained by any such refusal or hindrance.

§ 5. It shall be the duty of the Commissioners of the Sinking Fund, by the means and income of said fund, to protect the credit of the State, by a faithful and prompt application of the same to the payment of interest and principal of the public debt when due. They shall, for that purpose, and to the extent of the annual income of said fund, deal in exchange; may deposit in any of the banks of this State, or in the Savings Bank of Louisville, any of the money of said fund upon terms which may be agreed upon by the parties. They shall have power to apply any surplus on hand at any time to the extinguishment of any portion of the public debt of the State, by payment or purchase of the bonds at or under the nominal value. The Commissioners shall have authority to sell any bank stock owned by the Commonwealth and apply the proceeds to the payment or to the purchase of the bonds of the State.

They to sue for

in name of Comenforce the right

monwealth, and

of voting stock in

any company.

Credit of State to be protected by them, and public

debt paid.

be burned.

§ 6. The Attorney General, Register, and Treasurer shall, Bonds of State to from time to time, when required by the Commissioners of the Sinking Fund, count and burn the bonds of the State and interest coupons that have been or may be paid and canceled by said Commissioners, and they shall file with the Auditor a certificate thereof.

§ 7. The Commissioners of the Sinking Fund are authorized and directed to invest so much of the means at their command and under their control in five-twenty gold-bearing interest bonds of the United States as may be amply and fully sufficient to redeem the whole amount of the redeemable bonded indebtedness of the Commonwealth, with the interest thereon, not exceeding one million of dollars in amount and not less than three hundred and fifty thousand dollars, which said bonds, when purchased, shall be held by

Funds to be in

vested in United

States gold-bearing bonds, sufficient to pay pubfor that purpose.

lic debt, and held

to be transferred

to the revenue de

partment, except

enough to pay

school debt.

the said Commissioners solely and exclusively for the purpose for which they are directed to be purchased; and they shall not be sold, or otherwise used or disposed of, than herein provided. The said Commissioners may, however, in their discretion, for purposes of safety and convenience, deposit said bonds in any one of the chartered banks of this Commonwealth, or in the Bank of America in the city of New York.

§ 8. It shall be the duty of the Commissioners of the Other resources Sinking Fund, when they shall have fully complied with and executed the provisions of the preceding section of this chapter, to notify the Auditor of Public Accounts of that fact, and direct him to transfer to the revenue department all the remaining resources of the Sinking Fund, except so much thereof as may be necessary to pay the interest on the school debt for the then current year, if there be any such interest due or to become due; and it shall be the duty of the Auditor, upon receiving such notice, to make the required transfer, and he shall, during each succeeding year thereafter, continue to pay all the present resources of the Sinking Fund, which may be collected from time to time, into the revenue department, except the five cents on each one hundred dollars of the taxable property of the Commonwealth, now collected by law for Sinking Fund purposes. This last amount shall continue to be paid into the Treasury, to the credit of the Sinking Fund, as now required by law, and shall be kept as a sacred fund to pay the accruing interest on the school debt.

Public debt to be paid off as rapidly as possible.

Condition of the

Sinking Fund to

be reported to the

General Assembly.

$9. The Commissioners of the Sinking Fund are directed to pay off the indebtedness of the Commonwealth as speedily as possible, compatible with the interest of the State; and they shall have all the said bonds purchased by them registered in the proper office in the name of and for the Commonwealth of Kentucky.

$10. The Commissioners shall make a report to the General Assembly during the first week of each session thereof, of the condition and application of the Sinking Fund for each of the two preceding years, with such suggestions as they may deem proper as to its improvement and future management; and shall, when required, give to the Legislature information concerning said fund.

§ 11. The stock in any bank or incorporated company, held in the name of the Commissioners of the Sinking Fund of Kentucky, may be represented and voted in all meetings or elections, by proxy constituted by order in writing by the Commissioners.

State stock-how

voted.

State from keeper

of the peniten

tiary to be report

ed and paid to

commissioners.

§ 12. The keeper of the penitentiary shall report, under Amount due the oath, semi-annually, to the Commissioners of the Sinking Fund, the profits of the institution, and pay the State's proportion thereof into the Treasury. If he fail or refuse to make a report, or make a false or fraudulent report, or if he shall fail to pay over the sum due, he shall forfeit and pay to the Commonwealth, for the use of the Sinking Fund, five hundred dollars for each offense, to be recovered by action, or suit, or presentment, in the name of the Commonwealth, and also shall be liable, by suit, for the amount due, with legal interest and costs of suit.

Duties of Auditor and Treasurer in Relation to.

13. The Auditor and Treasurer shall keep the account of the income and expenditures of the Sinking Fund in separate books, so as to exhibit the amount paid into the Treasury, and from what source; and the amount paid out, and upon what authority, and for what purposes.

14. No money shall be paid into or drawn from the Treasury on account of the Sinking Fund but in the manner prescribed in the ninth and tenth sections of the chapter prescribing the duties of Treasurer.

Accounts of the be kept by Audit

Sinking Fund to

or and Treasurer

How money to

be paid or drawn

from Treasury on

account of Sink

ing Fund.

drawn by Auditor on account of the Sinking Fund un

less copy of order nished him by the president of the board.

therefor be fur

§ 15. The Auditor shall issue no warrant upon the Trea- No warrant to be sury to the credit of the Sinking Fund, unless a copy of the order of the Board of Commissioners requiring such warrant shall be presented to him by the president of the board; and he shall report to the Board of Commissioners of said fund, at the expiration of every month, the amount paid in and the amount drawn from the Treasury on account of the Sinking Fund.

§ 16. All orders for the payment or expenditure of money by the board on account of the Sinking Fund shall be entered upon the books of said Commissioners.

Orders for paybe entered on the

ment of money to

Commissioner's

books.

deposited in bank

§ 17. When the Commissioners shall deem it advisable to May have funds have the money, or any part thereof, to the credit of the Sinking Fund, withdrawn from the Treasury and deposited in any bank in or out of this State, an order of record for

onds or coupons paid to be canceled.

No interest to be

paid on 6 years' February, 1848.

bonds from 1st

that purpose shall be made, in which order the bank or banks shall be named. Upon the production of a copy of such order by the president of the board, the Auditor shall issue his warrant for the amount in favor of the president of the board, whose duty it shall be to make the deposit in the bank to the credit of the Commissioners of the Sinking Fund of Kentucky.

§ 18. The Commissioners shall, upon the payment of the bonds of this State, or coupons of interest, cancel and register the same in such mode as they shall deem best.

§ 19. Interest shall not be paid upon any State bond heretofore issued, payable in six years after date, from and after the first day of February, 1848.

Penalty for bring ing infectious

this

§ 1. If any person shall willfully or designedly import or bring the small-pox or any variolous or infectious matter of matter of small- the said disease into this Commonwealth from any other country or place whatsoever, or shall cause the same to be done, he shall forfeit and pay the sum of one thousand dol lars.

pox into

State.

have himself vaccinated.

ARTICLE II.
Vaccination,

§ 1. All persons of the age of twenty-one years and over, Every adult must who have not been vaccinated, or, if vaccinated, not successfully, shall, within three months after this revision takes effect, procure their own vaccination or re-vaccination, as the case may be.

minors to be vaccinated.

§ 2. All parents, guardians, and other persons having the When & by whom care, custody, or control of any child or children, or who may have in their employ any minor or minors, shall have the same vaccinated; and every parent, guardian, and person that may have the care, custody, or control of any child