1828. Representatives in the House of Rep resentatives. CHAP. 102.-An act to authorize Clerks of Courts to administer oaths in vacation, in certain cases. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Clerks of the several Courts of record, and their deputies, shall have the same power to administer oaths in their office in vacation, to complainants and defendants in chancery, which they now have in term time. Approved, February 9, 1828. CHAP. 103.-An act to fix the ratio and apportion the representation for the ensuing four years. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the ratio for the Ratio fixeed. ensuing four years shall be eight hundred and thirty four voters for each representative, and the representation for that period shall be and the same is hereby apportioned amongst the several counties in this Commonwealth, for the House of Representatives, in the following manner, to-wit: The county of Adair shall be entitled to one representative, Allen one, Anderson one, Bourbon three, Bath one, Barren two, Bullitt one, Breckinridge one, Bracken one, Boone one, Butler and Edmondson one, Clay and Perry one, Caldwell one, Clarke two, Campbell one, Christian one, Cumberland one, Casey one, Calloway one, Daviess one, Estill one, Fayette three, Floyd and Pike one, Fleming two, Franklin one, Grayson one, Greenup one, Garrard two, Green two, Gallatin one, Grant one, Hardin and Meade two, Harrison two, Henry two, Hopkins one, Hickman, Graves and M'Cracken one, Harlan and Knox one, Hart one, Jefferson three, Jessamine one, Lincoln one, Logan two, Livingston one, Lewis one, Lawrence and Morgan one, Madison three, Mason two, Mercer three, Muhlenburg one, Montgomery two, Monroe one, Nelson two, Nicholas one, Ohio one, Owen one, Oldham one, Pendleton one, Pulaski one, Rockcastle one, Russell one, Scott two, Shelby three, Simpson one, Spencer one, Trigg one, Todd one, Henderson and Union one, Woodford one, Warren two, Wayne one, Washington three, and Whitley one. SEC. 2. For the purpose of apportioning the representation in the Senate, this State is hereby laid off into thirty-eight Senatorial Districts, as follows, 1828. to-wit: The counties of Adair, Casey and Russell shall compose the first; Cumberland and Monroe, the second; Barren and Edmondson, the third; Allen and Warren, the fourth; Logan and Simpson, the In the Senate. fifth; Butler, Grayson and Muhlenburg, the sixth; Hopkins, Henderson and Union, the seventh; Calloway, Hickman, Graves, M'Cracken, Livingston and Caldwell, the eighth; Christian, Trigg and Todd, the ninth; Ohio, Daviess and Breckinridge, the tenth; Green and Hart, the eleventh; Hardin and Meade, the twelfth; Jefferson and Bullitt, the thirteenth; Henry and Oldham, the fourteenth; Shelby, the fif teenth; Washington the sixteenth; Mercer the seventeenth; Garrard the eighteenth; Lincoln, Rockcastle and Laurel, the nineteenth; Madison the twentieth; Pulaski and Wayne, the twenty-first; Knox, Clay, Harlan, Perry and Whitley, the twenty-second; Nelson and Spencer, the twenty-third; Boone and Campbell, the twenty-fourth; Grant, Pendleton and Gallatin, the twenty-fifth; Franklin, Owen and Anderson the twenty-sixth; Scott the twenty-seventh; Harrison the twenty-eighth; Bracken and Nicholas, the twenty-ninth; Bourbon the thirtieth; Mason the thirty-first; Greenup, Lewis and Lawrence, the thirty-second; Fleming the thirty-third; Montgomery and Estill, the thirty-fourth; Clarke the thirty-fifth; Woodford and Jessamine, the thirty-sixth; Bath, Morgan, Floyd and Pike, the thirty-seventh; and Fayette the thirty-eighth. Polls how to be compared, and returns made. SEC. 3. In order to ascertain the polls, where two or more counties compose a Senatorial district or districts to elect a representative, the Sheriff of such counties shall meet at the court-house first named in such district, either in choosing a Senator or Representative, to compare the polls, on the first Monday after the commencement of the election; and having ascertained, by faithful comparison and addition, the amount of their respective polls, and shall make return of the persons elected, in the manner prescribed by law. Provided however, that when a writ of election may be issued by either branch of the General Proviso. Assembly, or by the Governor, an carlier day may be ordered in such writ for comparing the polls, if it should be deemed expedient. re If new coun ties be made, how they are SEC. 4. If any new county shall be established be. fore the next enumeration and apportionment of presentation, it shall be considered as a part or parts to vote. O 1828. If Sheriffs do not attend elections the of the county or counties from which it was taken, or the purpose of representation. SEC. 5. That whenever it may so happen, by death or otherwise, that there is no Sheriff to attend the several elections, that it shall be lawful for the judges judges to ap appointed to conduct. said elections, to appoint a proper person to superintend said elections, and be governed by the same rules and regulations that Sheriffs now are by law. point. Approved, February 9, 1828. CHAP. 104. An act for the benefit of Capt. Mair's company of the 114th regiment. SEC. 1. Be it enacted by the General Assembly of the Capt. Mair's Commonwealth of Kentucky, That Captain Samuel Company de- Mair's company of militia shall be detached from 30th regiment the 114th regiment, and added to and compose a part of the 30th regiment. tached to the SEC. 2. Be it further enacted, That the bounds of the 64th regiment of the Kentucky Militia, shall be and Bounds of the the same is hereby extended east with the State line 64th regiment to the Monroe county line, and with the same to the extended. road leading by Col. Richardson P. Hughes', thence with the south side of said road to a point west of Col. Hughes' residence, thence north so far that a southeast line will intersect the said road so as not to include Colonel Hughes, thence with the north side of the same to the Monroe line, and with the same to the Barren county line, and with the same to the present line of said regiment: and that the commisOfficers to re- sioned officers within this part of the 109th regiment, hereby attached to the 64th regiment, shall be commissioned for the 64th regiment, with reference to the date of their present commissions, and shall take rank accordingly. tain their rank.. Approved, February 9, 1828. Preamble. CHAP. 105.--An act for the benefit of James Patton. WHEREAS the extraordinary services and expenses of James Patton, Deputy Sheriff of Harrison county during the years 1825 and 1826, in summoning veniries and attending to the several trials of Isaac B. Desha, require that a just and reasonable compensation should be made to him for the same: Therefore, 1828. Allowance to tra services as Be it enacted by the General Assembly of the Commone wealth of Kentucky, That the Auditor of public accounts is hereby directed to issue his warrant upon the treasury in favor of the said James Patton, for the sum of three hundred dollars, which shall be re- deputy Sheriff ceived by the Treasurer and applied to the credit of of Harrison William Ardery, principal Sheriff of Harrison coun- county. ty, on any sum which the said Ardery may be owing. to the treasury: and, the said James Patton and his securities shall have a credit for the same with his principal. Approved, February 9, 1828. CHAP. 106. An act to authorize the draining of certain ponds of water in the county of Jefferson. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the passage of this act, it shall and may be lawful for any person or persons who may be desirous to drain any of the ponds lying in that part of the county of Jefferson commonly called and known by the name of the pond settlement, to cut and make such ditches, channels or drains as may be necessary, to clear any of said ponds of water, and to carry the same through the lands of any person or persons whatsoever. And in order to effect that purpose, may in like manner change the course and bed of any branch or stream supplying any of the ponds aforesaid with water, from one pond to another, through which the said stream. may the more readily be discharged into any other natural channel for water; and for that purpose may make banks, drains or ditches, as may best suit, and be deemed necessary to accomplish such draining. And if any person or persons upon whose lands it may be necessary to construct such drains or banks, shall refuse to permit the same, the person or persons, who wish to perform and accomplish said draining, may thereupon make application to the court of said county for the purpose, and the court shall then proceed in the same manner to the condemnation of any land needful for said draining, as is required in the case of application for a public road; and upon the hearing of the case, may allow or disallow the opening of such drain or conduit, as to them may seem just and right. SEC. 2. And be it further enacted, That in any case 1828. Preamble. Commissioners to be appointed. where damages shall be assessed in pursuance of this act, such damages shall be paid to the party entitled thereto, by the said applicants, for such permission to drain before they shall be allowed to commence the work. Approved, February 9, 1828. CHAP. 107.-An act to authorize the County Court of Logan to appoint Commissioners to settle with Spencer Curd, as Commissioner appointed by law to sell a part of the real estate of Nathaniel Drake, deceased. WHEREAS, by an act of the General Assembly of the Commonwealth of Kentucky, passed and approv ed January 31st, 1818, Spencer Curd was appointed as a Commissioner for and on behalf of the infant heirs of Nathaniel Drake, to sell and dispose of the real estate of the said infant heirs, for the purpose of settling the demands against said estate, which was represented to be greatly involved; and whereas the said Spencer Curd, in pursuance of said act, proceeded to sell and dispose of said estate, and paid off many of the debts of said estate, and no person by law is authorized to settle with said Curd: Therefore, SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the County Court of Logan be, and they are hereby authorized and directed, upon the application of the said Curd, or any of the heirs of said Drake, to appoint two or more persons as Commissioners to settle the accounts of the said Curd. SEC. 2. Be it further enacted, That said Commissioners, after being duly sworn before some Justice of the Peace in and for the county of Logan, upon the application of said Curd, proceed to settle and adjust the accounts of the said Curd; he having first given the Administrators of said Drake due notice thereof, and make out a true and perfect list or inventory of all lands or real estate that may have been sold by the said Curd; also the amount received by him for the said lands, and when said amounts were severally received; also a true and perfect list of all sums of money paid out by said Curd, in pursuance to said law, to the administrators of said estate, and the time when the same was paid out. And said Commissioners shall in every other respect be governed by the |