d 1829. time of three months to return and have allowed their cases. Barren. Sec. 2. Be it further enacted, That the sheriff of Time allowed Barren county be, and he is hereby allowed the further to the sheriff of time of three months to return and have allowed his delinquent list for said county for the year 1827. [Approved, January 16, 1839.1 CHAP. 65.-An ACT to declare Eagle creek, and the Big South navigable. SEC. 1. BE it enacted by the General Assembly of the Part of Eagle or other obstruction to the passage of boats up or down Penalty for ob of debt, as other cases of like amount: Provided, that it Proviso. declared navi Sec. 2. Be it further enacted, That hereafter the Big Big south fork South fork of Cumberland river, shall be considered, of Cumberland and is hereby declared navigable, from the mouth of gable. the Little South fork, to the mouth of the Big South fork, and shall be kept open and free for the passage of boats up and down the same; and if any person or persons whatsoever, shall put any dam or other obstruc- Penalty for ob tion in said river, calculated to impede the navigation structing. of the same, except as is hereinafter provided for, every such offender shall forfeit and pay the sum of three dollars for every twenty-four hours such dam or other obstruction shall be permitted to remain in said river; which sum may be recovered before any justice of the peace or circuit court, as each may have cognizance of the sum claimed, one half to go to the informer, the other half to lessening the county levy. [Approved, January 16, 1829.] · 1829. CHAP. 66.--An ACT for the benefit of the citizens of the town of Jefferson, in Jefferson county. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That so much of the second section of "an act concerning the town of Jefferson, in the county of Jefferson," approved February 1, 1809, as requires the inhabitants of said town to work on the road from said town of Jefferson to Middletown, more than one mile, be and the same is hereby repealed. [Approved, January 16, 1829.] Preamble, CHAP. 67.--An ACT allowing Thomas Foster a change of venue. WHEREAS it is represented to the present General Assembly, that Thomas Foster stands indicted and charged before the Jefferson circuit court for stabbing with intent to kill, and that owing to the undue influence of the city watch of Louisville, one of whom is the person alleged to have been stabbed, he cannot have a fair and impartial trial before a jury of said county of Jefferson; and it also appearing that said Foster was an entire stranger in said city: For rem edy whereof, SEC. 1. Be it enacted by the General Assembly of the Thomas Foster Commonwealth of Kentucky, That it shall be lawful for be tried in the the said Thomas Foster to appear in the Jefferson cirShelby circuit cuit court, on the first day of the next term thereof, may elect to court. Said court may take cog nizance of said сабе. and make his election to be tried in the Shelby circuit court, which election shall be noted on the record, and thereupon it shall be the duty of the Jefferson circuit court, to recognize the said Thomas Foster, with good security, to appear on the first day of the next ensuing term of the Shelby circuit court, and answer to the indictment aforesaid, and not depart thence without the leave of said court; and upon the indictment aforesaid and the proceedings had thereon being certified up to the Shelby circuit court, as hereinafter provided, the said Shelby circuit court shall take cognizance of the said indictment, and of every thing incident or appertaining thereto, in the same manner as though the offence of which said Foster is indicted, had been committed in the county of Shelby; and shall, in case he be found guilty, enter judgment, and cause execution. thereof, or grant a new trial agreeably to the law and justice of the case, as though the said indictment had originated in Shelby county; and the sheriff, jailer and 1829. dictment. clerk of Shelby, shall in like manner perform all necessary duties pertaining to their respective offices, in re lation to said indictment; and the judge of the Jeffer son circuit court shall, at the time the said Foster shall make his election to be tried in the Shelby circuit court, recognize the witnesses on the part of the Com- Witnesses to be recognized monwealth to appear at the next ensuing term of the Shelby circuit court, and the last mentioned court shall proceed upon all recognizances in the same manner as though the same had been taken in the said court; and Prisoner not to in case the indictment shall be found defective and be discharged shall be quashed, or the judgment be arrested, the said by defect of in Foster shall not, for that cause, be discharged; but a special grand jury shall be summoned, if the regular grand jury shall have been discharged, and a new indictment found, if the evidence will warrant the finding such new indictment; and the defendant shall be arraigned and tried thereon, in the same manner, and be subject to the same judgment and execution, as though the offence had been committed in the county of Shelby: Provided, however, that nothing herein shall be construed to require any proceeding on the part of the judge, that would not be required of him in case the offence charged had been committed, or charged to have been committed, in the said county of Shelby. Proviso Sec. 2. Be it further enacted, That it shall be the Clerk of Jefduty of the clerk of the circuit court of the county of ferson court to Jefferson, to make out full and complete copies of all make out cothe orders made in his court in said prosecution, and and forward pies of records shall forward the same, together with all writs, bonds, them to Shelby recognizances, indictments or other papers filed there- court. in, by the sheriff of his county, to the clerk of the circuit court of the county of Shelby, taking his receipt for the same; which duty shall be performed by the said sheriff with all possible despatch, and he shall be allowed six cents per mile in going to and returning from said Shelby county, to be paid out of the public. treasury on certificate of the clerk of the circuit court of said county of Jefferson, that said services have been performed. Sec. 3. Be it further enacted, If either the clerk or Penalty on sheriff of Jefferson circuit court, shall fail to comply clerk for fait, with all or any part of the said duties enjoined on them his duties. ure to perform by this act, each of them shall be subject to a fine of one hundred dollars, recoverable by reasonable notice and rule of court to that effect, with proper time, in the Jefferson circuit court, in favor of the Commonwealth; which fine or fines, sum or sums, shall be applied as other fines are now directed by law, of a like nature. 1829. Sec. 4. Be it further enacted, That the clerk of the Shelby circuit court shall be, and he is hereby author. Duty of clerk ised to issue a venire facias, subpoenas, and all other neof Shelby. cessary process, as though the said prosecution had commenced in his own county. Sec. 5. Be it further enacted, That the witnesses atPay of witnes tending the Shelby circuit court, in consequence of this ses. change of venue, by recognizance or subpoena, shall cinct in Jessa CHAP. 68--An ACT to establish an election precinct in Jessamine county, and to change the place of voting in the lower precinct in Hopkins county. SEC. 1. BE it enacted by the General Assembly of the lection pre- Commonwealth of Kentucky, That all that part of the mine county. County of Jessamine lying within the following bounda ry, 'towit: Beginning on the Curd's road, at the Fayette county line; thence with said road to the old Shaker Ferry road; thence with said Shaker Ferry road to the Kentucky river; thence down the said river to the Woodford county line; thence with said line to the corner of the Woodford and Fayette lines; thence with the Fayette line to the beginning; shall be, and the same is hereby formed into and constituted an election precinct, in the said county of Jes Folls to be held samine; and the qualified voters residing in said preat New Liber- cinct, shall meet at the house of William A. Lewis, in the town of Liberty, in said county, and vote at all elections hereafter held agreeably to law: Provided, that it shall be lawful for any of the voters residing within said precinct, to vote at the court-house of said county, if they shall so elect. ty. Proviso. Judges and clerk to be appointed. tend at said Sec. 2. The county court of Jessamine, at the time they appoint judges and clerk of elections at the courthouse, shall also appoint judges and a clerk to take the votes in said precinct; and the sheriff or his deputy, shall attend at the place herein appointed for holding elections in said precinct, and conduct the same. Sec. 3. The sheriff of Jessamine shall, on the SaturSheriff to at- day succeeding any elections as aforesaid, cause the votes taken at the court-house, and those taken within. said precinct, to be carefully compared, and make re turn thereof according to law. polls. 1829. Sec. 4. Be it further enacted, That all elections hereafter to be held in the lower precinct in Hopkins county, shall be held at the house of Mrs. Phoebe Harrald- Place of voting in lower preson, instead of the house of Thomas Givens, as heretocinct, Hopkiné fore directed by law. any law to the contrary notwith- county. standing. Approved, January 16, 1829.] CHAP. 69.--An ACT to extend the boundary of the town of BE it enacted by the General Assembly of the Com- Williamstown monwealth of Kentucky, That the boundary of the extended. town of Williamstown, in the county of Grant, be extended forty eight poles from the south corner of the public square, along the street leading to Georgetown, and one hundred poles along the street leading to Cincinnati, and including the depth of two lots on each side of said streets, leaving an alley between said lots equal in width to those heretofore laid off in said town, and to run in a direct course with them; and the trus- have jurisdictees of said town shall have and exercise the same pow- tion over addier over the said additional boundary, as was exercised tion. Trustees to by them in said town, previous to the addition: Provid- Proviso. [Approved, January 16, 1829.1 CHAP. 70.-An ACT requiring certain duties of the Clerks of this Commonwealth. allowed at SEC. 1. BE it enacted by the General Assembly of the Com- Circuit court monwealth of Kentucky, That immediately after the clerks to make termination of each circuit court, the clerk thereof a list of claims shall make out and certify a complete list of all the each term payclaims allowed at that term of the court, which are able at the payable out of the public treasury, in alphabetical or- treasury. der, stating the name of the person entitled, the particular services rendered, and the amount of the claims respectively; and immediately previous to the commencement of each circuit court the clerk of the county court of that courty, shall make out a like alphabet |