shall be entitled to credit; and it shall be the duty of the Auditor, and of any county in this State, to which such taxes have been paid, to allow said cemetery company credit, in future collections, by said excess of taxes paid to State or county for more than five years prior to the institution of such proceeding: Provided, however, That no such company shall be entitled to the benefits or privileges of this act until it has paid all taxes for five years next preceding the institution of such proceedings against it, and proof of such payments, and also of the payments prior to the five years next preceding the institution of such proceedings, shall be filed with the Auditor and with the proper collecting officers of any county before any such company shall be entitled to the credits provided for by this act.

Approved March 21, 1904.

Wholesale of in

toxicating liquors

tricts prohibited,

except by manufacturer.

CHAPTER 76.

AN ACT to regulate the sale of intoxicating liquors by wholesale in this Commonwealth.

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

§ 1. It shall be unlawful to sell by wholesale any in local option dis- spirituous, vinous, malt or other intoxicating liquors, regardless of the name by which it is called (except manufacturers selling liquors of their own make) in any county, district, precinct, town or city, where the sale of such liquor has been prohibited by special act of the General Assembly, or by vote of the people under the local option law. Any person violating this act shall be deemed guilty of violating the local op

tion law, and shall be subject to trial and punishment according to the provisions of the same and its amend ments.

§ 2. All laws inconsistent or in conflict with this act are hereby repealed.

Approved March 22, 1904.

CHAPTER 77.

AN ACT to authorize the counties of this Commonwealth to issue bonds for the construction of turnpikes and gravel roads.

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

Fiscal courts may issue and sell coun

pike purposes.

§ 1. That the fiscal court shall have power to issue and sell bonds, from time to time, within the constitu- ty bonds for turntional limitation, for the purpose of constructing turnpike or gravel roads, and may cause the bonds of said county to be prepared, executed and issued, on printed forms under the seal of the county clerk, which bonds shall be signed by the presiding judge of the county court and countersigned by the county court clerk of the county, payable to bearer at such place as the court may fix or direct, and at such time or times as may be fixed or designated by the court, not less than two nor more than thirty years from the date of the bonds; and the time of payment or redeeming the bonds may be optional on the part of the county within the limits above described; and said bonds shall not bear a greater rate of interest than six per cent. per annum, to be paid annually or semi-annually as the court may direct, from the date of the bonds; and the interest coupons shall be attached to each bond, which

shall be signed by the county clerk only, and he shall keep a list of all said bonds, showing the number, date, amount, time due, to whom delivered and when delivered, which shall be carefully preserved in his of fice.

Said bonds shall be issued in denominations of not less than one hundred dollars nor greater than one thousand dollars. But before said bonds shall be issued, the question shall be submitted to the legal voters, at a general election held in such county. Before said question shall be submitted, a petition signed by legal voters, to the number of at least fifteen per cent. of the votes cast at the last general election held in such county, shall have been filed in the county court of such county asking a submission of the question whether such bonds shall be issued. The county court shall direct the officers of election in such county to open a poll at the next regular election held in such county in not less than sixty days after the filing of such petition for the purpose of ascertaining the will of the voters of such county upon the question as to whether or not they desire to have any such bonds issued.

The county court shall direct the sheriff of the county to advertise said election, and the object thereof, for at least thirty days next before the day thereof in some newspaper having the largest circulation in -the county, and also by printed handbills posted up at not less than four public places in each voting precinct in the county, and at the court house door.

All legal voters of such county shall be privileged to vote at said election. The same officers that hold the regular election shall hold this election, which shall, in all respects, be held in accordance with the general election laws of the State. The question:

"Are you in favor of issuing bonds to the amount of $ for the purpose of constructing turnpike or gravel roads in this county?" being printed on the ballot, as provided for in the general election laws, sec tion 1459, Kentucky Statutes.

If two-thirds of the legal voters, voting on said proposition, vote in favor of the proposition, then the fiscal court of said county shall issue bonds as provided herein.

§ 2. The fiscal court of such county shall have and interest. Sold for par value full power and authority to sell, dispose of and deliver said bonds to the purchaser thereof, in such manner and at such time or times as it may deem proper through or by a commissioner appointed by the court; Provided, None of said bonds shall be sold for less than their par value and accrued interest.

§ 3. The commissioner appointed by the court to sell, dispose of and deliver said bonds, shall, before proceeding to act as such, be first duly sworn to faithfully discharge his duties; and shall also execute bond in said court, with good and sufficient surety or sureties, to be approved by the court, for a faithful performance of his duties, and that he will pay over, in due time, to the proper person, any money received by him from the sale of said bonds. He shall sell said. bonds to the highest and best bidder, after advertisement of the proposed sale for not less than four weeks in such paper or papers, as said court shall direct. The court shall make a suitable allowance to the commissioner for his services.

Bond required of commissioner.

Duties of commis

§ 4. Said court may deliver said bonds to the sioner. said commissioner at such time and in such number and amount as it may deem proper, and he shall sell and dispose of same as the court may direct, and pay over the money received by him to the person ap

Receiver and

treasurer.

Redemption of

bonds.

pointed by the court to receive same. Said commissioner shall keep an accurate list of the number, date and amount of bonds sold by him, and to whom sold, time due, and amount and number unsold, if any, and shall make to the court a full and complete report of his acts in the premises.

§ 5. The said court may appoint some suitable person receiver and treasurer, to receive from said. commissioner the money arising from the sale of the aforesaid bonds, and to pay out same as the court may direct. That said receiver and treasurer, before he proceeds to act as such, shall execute bond in said court, with sufficient surety or sureties, to be approved by the court, for a faithful discharge of his duties, and that he will pay to the proper person, as directed by the court, any money in his hands; and he shall be duly sworn to faithfully perform his trust as receiver and treasurer, and shall keep an accurate statement of all money received and paid out by him, and shall make a full settlement of his accounts and vouchers whenever required to do so by the said court; and the court shall make a suitable allowance to such receiver and treasurer for his services.

§ 6. That for the purpose of raising the money to pay the interest on the aforesaid bonds, and to finally redeem and pay off same, the said court may annually levy an ad valorem tax on all the taxable property of the county, sufficient for the purpose of paying said interest. on said bonds and of creating a sinking fund for the ultimate redemption of such bonds when due; and said sinking fund shall be held and kept sacredly for that purpose and no other, but such tax shall not exceed fifty cents on each $100 worth of said property.