1838. CHAP. 771-AN ACT to change the place of voting in the Rockcastle Precinct, in Lawrence County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the elections in the Rockcastle precinct, in the county of Lawrence, shall hereafter be held at the house of James Marcum, and to be conducted under the laws now in force upon the subject of elections. Approved February 9, 1838. CHAP. 772-AN ACT to clear and remove the obstructions to the navigation of flat bottomed boats in that part of Green river which lies between Fitzpetrick's mill and Little Barren river. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Board of Internal Improvement shall cause a survey to be made on Main Green river, from the mouth of Little Barren up as high as Neatsville, and ascerta in what improvements can be beneficially made, with a view to descending navigation; and that said Engineer designate the nature and mode of improvement. SEC. 2. That when the report of the Engineer shall be received by the Board of Internal Improvement, if the Board shall be of opinion that the descending navigation of the river between the points designated, or any part thereof, can be sufficiently benefitted by the removal of obstructions, to justify the expenditure, then, and in that case, it shall be the duty of the Board to put the work under contract during the present year, and cause said obstructions to be removed, commencing at Neatsville and proceeding downward. SEC. 3. That to enable the Board of Internal Improvement to prosecute the work aforesaid, the sum of six thousand dollars, or so much thereof as may be necessary, shall be and the same is hereby appropriated out of the funds that may be raised for the purposes of Internal Improvement by the bill providing for the further internal improvement of the State, passed at the present session of the Legislature. Approved February 9, 1838. CHAP. 773-AN ACT to establish the County of Carroll. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of Boundary of March next, all the parts of the counties of Gallatin, Henry, new county. and Trimble, included within the following bounds, to-wit: beginning on the bank of the Ohio river about one half mile below Agniel's branch, at the upper corner of James Smith's land; thence a direct line to the forks of Lick creek; thence down the same to Eagle creek; thence down Eagle creek to the Kentucky river; thence crossing the Kentucky river, and binding thereon, to Bell Gullion's, including her; thence a direct line to where the old line between Gallatin and Henry crosses the main west fork of Mill creek; thence with said old line to where it crosses George's creek; thence down George's creek to the Little Kentucky river; thence a direct line to the lane between Thomas B. Spilman and Isaac Gray, to the Ohio river; thence up the Ohio river and binding thereon to the beginning, shall be one distinct county, called and known by the name of Carroll, in honor of Charles Carroll, of Carrollton. SEC. 2. That the seat of justice for the said county of Carroll, shall be and the same is hereby permanently located in the town of Port William, and that the County and Circuit Courts of said county shall be held at said court house. SEC. 3. That the County Courts of the said county of Carroll, shall be held on the first Monday in every month, except the months in which Circuit Courts are held. 1838. Name. Seat of jus tice located. County courts when to be held Justices to be SEC. 4. There shall be allowed to the said county of Carroll nine Justices of the Peace, to be commissioned by the commissioned. Governor, according to the provisions of the Constitution. SEC. 5. The Justices of the Peace for said county shall meet at the court house in the town of Port William on the first Saturday in March next, and, having severally taken the oaths prescribed by the constitution and laws of this State, proceed to appoint and qualify a Clerk. SEC. 6. The Governor shall appoint a suitable person, resident in the said county of Carroll, Sheriff thereof. First meeting of county court. Sheriff to be appointed. Number of SEC. 7. The said county of Carroll shall be entitled to five Constables, to be appointed by the County Court thereof; and constables. the Sheriff and Constables aforesaid, when appointed, shall enter into bond, with security, in said County Court, agreeably to law. SEC. 8. The voters of said county of Carroll shall vote, as heretofore, in the several counties out of which the said county of Carroll is formed, as though this act had not passed, until the next apportionment of representatives. SEC. 9. Process shall issue, and be made returnable as heretofore, and the several courts of the counties out of which said county of Carroll is formed, shall have cognizance of all matters of controversy, both in law and equity, until the second Monday in March next, at which time all their power and jurisdiction shall cease and determine; provided that all suits or actions commenced in either of said original counties shall be tried and determined therein respectively. Where voters to vote. Old counties to have juris diction of all suits commen ced. How taxes to SEC. 10. The revenue and county levy, collectable during the present year, shall be collected and accounted for by the be collected. Sheriff and collectors of said original counties, out of which the said county of Carroll is formed, as though this act had not passed. SEC. 11. That James Sayer, of the county of Gallatin, 172 1838. Commission ers to run and mark the lines Jeremiah Strother, of the county of Trimble, and Daniel J. King, of the county of Carroll, be and they are hereby appointed Commissioners, whose duty it shall be to run and mark the boundary lines between said county of Carroll and the counties of Gallatin, Henry and Trimble; and that they make out and return to each of the County Courts of said counties a report of their proceedings, to be entered of record by said courts, respectively: Provided however, that any two Report to be of said Commissioners may act; and that they shall not mark or run such lines as have a fair natural boundary. of the new county. recorded. Attached to 4th judicial district; first cir cuit court. SEC. 12. That the Judge of the fourth Judicial District shall hold a special term of the Circuit Court of the said county of Carroll, at the court house in the town of Port William, on the first Saturday in March next, and proceed to appoint and qualify a Clerk of said court. Approved February 9, 1838. CHAP. 774-AN ACT concerning the Frankfort and Lonisville, and the Bardstown and Louisville Turnpike Roads. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in reparing the Turnpike roads Stone not to from Frankfort to Louisville, and from Louisville to Bardstown, the stone shall not be placed and broken on the stone road to the interruption of the travel, under the penalty of four dollars for each load so placed and broken. be broken the roads. to on Carriages not fast. SEC. 2. That no stage, carriage, wagon, or other vehicle, shall be driven over any of the bridges on said road faster be driven than a walk, under the penalty of four dollars for each offence. Persons not to avoid pay ing toll. increased. SEC. 3. That no person shall force through any of the turnpike gates on said roads without paying toll, or go out of the road before coming to a toll gate on said roads, and return into the road again on the other side of the gate, for the purpose of evading the payment of toll, under the penalty of four dol lars for each offence. SEC. 4. That the tolls on the turnpike roads from SpringTolls may be field to Louisville may be increased, before the expiration of two years from the completion thereof, and particularly on the narrow wheeled wagons; but they shall not be increased otherwise than provided in the charters of the road Companies. SEC. 5. That the Justices of the Peace of the several counJustices of ties, through which any turnpike road may pass, or in which the peace to any bridge may be erected, shall have jurisdiction to issue a have jurisdicwarrant for any violation of this act; and the mesne and final tion. process may be sent to any county in this Commonwealth, where the party can be found. Approved February 12, 1838. CHAP. 775-AN ACT to regulate the County Court of Anderson County. WHEREAS, many of the citizens of the county of Anderson have petitioned this Legislature to allow to said county three County Courts, in addition to those already allowed by lawtherefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, the County Court of Anderson shall be holden on the second Monday in each month in this and every succeeding year, any law to the contrary notwithstanding. Approved February 12, 1838. 1838. CHAP. 776-AN ACT allowing an additional term to the County Court of Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the County Court of Spencer shall hold a term of said court on the first Monday in May, in addition to the terms now allowed by law. Approved February 12, 1838. CHAP. 777-AN ACT to regulate the time of holding the Bullitt County Court. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, the Bullitt County Court shall hold its session on the second Monday in every month except the months of April, July, and October, when it shall meet on the third Mondays as heretofore; and this act shall not take effect until the first day of May next. Approved February 12, 1838. CHAP. 778--AN ACT for the benefit of Matilda A. Floyd. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the marriage contract heretofore existing between Matilda A. Floyd, and her husband William S. Floyd, is forever dissolved, so far as respects said Matilda, who is hereby restored to all the rights and privileges of an unmarried woman, and whose name shall hereafter be Matilda A. Harrington. Approved February 12, 1838. 1838. CHAP. 779-AN ACT for the benefit of William Smith. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the County Court of Harrison county, to appoint some suitable person a committee to take care of William Smith; and said court is hereby authorized and required to levy the sum of thirty dollars, annually, or during the inability of said Smith to support himself, to be paid over to his committee for his maintenance when collected. Approved February 12, 1838. CHAP. 780-AN ACT to change the place of voting in the Union election Precinct, in Shelby County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the Union election precinct, in Shelby county, shall be and is hereby changed from the house of James Guthrie to the house of Newton Guthrie, in the town of Claysville, in said county. Approved February 12, 1838. CHAP. 781-AN ACT to establish an election Precinct in the County of Gallatin. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an election precinct be and the same is hereby established in the county of Gallatin, to be held at the house of Benjamin H. Elliston, in the town of Napoleon; and the County Court of Gallatin is hereby directed to appoint all necessary officers for the purpose of managing elections at said precinct. Approved February 12, 1838. CHAP. 782-AN ACT for the benefit of Robert Guinea. WHEREAS, Robert Guinea, late Sheriff of Gallatin county, failed to pay over to the State the whole amount of the revenue of said county for the year 1833, within the time allowed by law, owing to the defalcation of one of his deputies, and he has since paid the same, with interest and costs of suits, leaving unsatisfied only the amount adjudged to the Commonwealth for damages on account of said defalcation Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said Guinea be and he is hereby released. from the amount of said damages. Approved February 12, 1838. |