constables for said county, agreeably to the requirements of the constitution, which districts shall also be election precincts, three to be laid off north and two south of Green river. Samuel S. Barker, C. M. Baber, James F. Moore, John Bland, Augustus Reedy, Henry Griffith, Richard Woolley, Henry J. Belt, and Henry Brown, be and they are appointed commissioners, who, or a majority of whom, after taking an oath faithfully and impartially to discharge their duties, shall lay off said districts and designate the place of voting in each. Said commissioners shall meet at the house of James Lendrum, in the town of Calhoon, on the first Monday in March next, or as soon thereafter as may be, and proceed to discharge the duties imposed on them by this act. They may adjourn from time to time, and from place to place, until through. They shall lodge a certified copy of the boundaries of said districts in the hands of R. S. Howard, whose duty it shall be to hold it in safe keeping until there shall be an election of county court clerk for said county of McLean, and then he shall deliver it to said clerk, who shall file and record the same in his office; and they shall forthwith transmit another certified copy to the secretary of state, who shall carefully preserve the same in his office. Said commissioners shall also designate in each of said districts two suitable persons to act as judges, and one in each to act as clerk, and one as sheriff of the election of circuit court clerk, county court clerk, a sheriff, an assessor, a surveyor, jailer, coroner, county attorney, presiding judge of the county court, and two justices of the peace and one constable in each district, for said county of McLean; which election shall be held on the second Monday in May 1854. The judges, clerks, and sheriffs, appointed by the commissioners aforesaid in each district to hold said election, before entering upon the discharge of their duties, shall take an oath faithfully and impartially to discharge the duties imposed on them by this act. Those who may act as sheriffs, as aforesaid, shall meet at the house of Jas. Lendrum, in the town of Calhoon, on the third day after said election, and after carefully comparing the polls, shall sign two certificates of the election, designating the name of each person having the highest number of votes, and the office to which he is elected; one of which shall be lodged in the hands of R. S. Howard, who shall cause it to be recorded in the county court clerk's office of the said county of McLean; the other they shall forthwith transmit to the secretary of state, to be by him filed and carefully preserved in his office; whereupon said secretary shall forthwith cause commissions to be issued to the several officers certified to be elected, who, before they enter upon the discharge of the duties of their respective offices, shall take an oath, and where by law required, shall execute bond according to existing laws in reference to similar of fices; and thereupon their official acts shall be obligatory to all intents and purposes, when done in accordance with the constitution and laws of the state. They shall hold their offices until the next regular election of like officers, and until their successors are elected and qualified. That until all the officers elected for the new county as aforesaid are commissioned, sworn, and qualified, the counties of Daviess, Ohio, and Muhlenburg shall have jurisdiction as though this act had not passed. 1854. Location of seat of justice, be done. and by whom to ers. Compensation 3. That Charles Hambleton, of Breckinridge county, F. M. Bristow, of Todd county, be and they hereby appointed commissioners to permanently locate the seat of justice and select a site for the erection of the public buildings for said county. Said commissioners shall be allowed. each 123 cents per mile going to and returning from the to commissionperformance of their duties, estimating the distance from their respective homes to the town of Calhoon, and three dollars per day each for their services, to be paid out of the county treasury; in case of the disagreement of the said commissioners as to a point of location, then the umpire chosen by them shall decide the point of location. How lands to Tax may be levied to pay ty. §4. That the county court of said county of McLean, a majority of the justices concurring, shall have power to be purchased. appoint commissioners to purchase the lots or parcels of ground selected for the public buildings, and cause a deed or deeds of conveyance therefor to be made to the county of McLean. Said county court as aforesaid, a majority of the justices concurring, shall have power to assess and debts of the coun levy a tax upon each tithe now subject to county levies within said county, a capitation tax not exceeding one dollar and fifty cents per tithe in any one year, and an ad valorem tax upon all the property now subject to taxation for state revenue, any sum not exceeding fifteen cents in any one year upon each $100 worth of property, for the purpose of raising the means necessary for the purchase of the public grounds and the erection of a court house and other public buildings thereon. Said commissioners may also be empowered by the county court to draft plans and specifications, let out and superintend the erection of the public buildings aforesaid. And until the public buildings aforesaid are erected, the said county court of McLean shall have power to provide suitable rooms for the clerks' offices, and for the holding of the county and circuit courts. Boundary lines to be run, and 5. That Richard R. Coomes be and he is hereby appointed a commissioner, with such assistance as he may by whom. deem necessary to employ, to run and mark the boundary lines of said county of McLean, agreeably to the first section of this act, and that said commissioner make out four fair plats of said county, with notes of reference, one of which he shall deposit with the clerk of the county court of McLean, and transmit one to each of the county court elerks of Daviess, Ohio, and Muhlenburg counties, in order Certificate of boundary, how preserved. 1854. to be held. that the same may be recorded in each of the counties aforesaid. Said commissioner shall be allowed ample compensation for his services, not less than five dollars per day, to be paid by the county of McLean. § 6. That the said county of McLean shall vote at elections held for state officers and members of Congress: that portion stricken from Daviess shall vote with Daviess; that portion stricken from Ohio with Ohio, and that portion stricken from Muhlenburg with Muhlenburg, until the next apportionment of representation. § 7. The county courts for said county of McLean shall When courts be held on the first Monday in each month, except in the months when circuit courts are directed to be holden. The county judge of the county court shall hold his quarterly courts on the third Monday in August, November, February and May. whom levies to be collected. § 8. The assessors of tax and collectors of tax, and the How and by clerks in making out commissioners' books for the auditor for the present year, (1854,) for the counties of Daviess, Ohio, and Muhlenburg, shall all proceed as though this act had not passed, except the county levies collected of those persons stricken off, and included in the boundary, shall be accounted for and paid over to the county court of McLean, and the sheriffs or collectors of the county levy shall have credit therefor in their settlements with their respective county courts of Daviess, Ohio, and Muhlenburg for county levies collected in that portion of their respective counties stricken off, and included in the county of Term of office McLean as aforesaid. It is intended by this act that officers elected for the county on the second Monday in May are permanent officers for the county, and shall hold their offices for the terms prescribed in the constitution. of those elected in May next. sioners for locating seat of jus tice to meet. § 9. The commissioners appointed herein to locate the When commis. seat of justice for the county of McLean, shall meet in the town of Calhoon on the first Monday in April next, or as soon thereafter as may be, and proceed to discharge the duties imposed by this act; and for that purpose may adjourn from day to day and from place to place until they are fully satisfied as to the most eligible point and most suitable location, and when the place of location is fixed upon, their determination shall be made out in writing and signed by them and delivered to R. S. Howard, and carefully preserved by him until the election of clerk of said county court, when the same shall be delivered over to said clerk and by him recorded in his office. Approved January 28, 1854. Ted E CHAPTER 135. 1854. Judges of coun circuit qualify AN ACT to authorize County Judges to qualify Circuit Court Clerks. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several judges of the county courts of this commonwealth shall, within their respective counties, have full power to qualify the clerks of the circuit courts elected or appointed for their respective counties, and to take, receive, and attest the official bond of such clerks, and approve or reject the sureties offered by such official bond. clerks. And approve County judge to return bonds Who may ap prove or reject the act of county judge. 2. That the said county judge, at the next term of the circuit court after qualifying any clerk of the circuit court to circuit court. and taking bond as aforesaid, shall return to said circuit court an official certificate to that effect, accompanied by the bond of said clerk, and the judge of said circuit court shall have power to approve or reject such bond. If he shall approve thereof, he shall cause the same to be entered on the order book, as is now required by law; if he reject it, the clerk shall, before the close of that term of said court, execute a new bond, under the like penalties and forfeitures as now exist for a failure to execute an official bond. Approved February 6, 1854. CHAPTER 136. AN ACT to repeal all laws making Bear Grass Creek a navigable stream. Be it enacted by the General Assembly of the Commonweal of Kentucky, That any or all laws now existing making Bear Grass creek a navigable stream, be and the same are hereby repealed; and that this act shall take effect immediately after its passage. Approved February 6, 1854. Bear Grass not navigable. CHAPTER 144. AN ACT to increase and prescribe the time of holding the Greenup and 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter there shall be three terms a year of the Greenup circuit court, for the trial of all causes cognizable in the circuit courts, which terms shall commence on the third Mondays in May, July, and November, in each year, and continue for twelve juridical days, if the business of the court shall require it. Three terms of Greenup circuit court. Betting of Lewis 2. That hereafter the Lewis circuit court shall commence on the Mondays succeeding the termination of the circuit court. May and November terms of the Greenup circuit court, in each year, and continue for twelve juridical days, if the business thereof shall require it. Approved February 6, 1854. 1854. Revised Stat utes, 676. Any quantity of vacant land may be appropriated. CHAPTER 154. AN ACT to repeal a part of the 3d section of chapter 102, of the Revised Be it vnacted by the General Assembly of the Commonwealth of Kentucky, That so much of the third section of chapter 102, entitled, "Treasury Claims," as prevents an applicant from obtaining an order for the appropriation of less than twenty-five acres of vacant and unappropriated lands of this State, be and the same is hereby repealed. Approved February 11, 1854. Revised Stat utes. 599. Apportionment of school fund amongst the counties. Revised Stat utes, 605. Modification of previous law. CHAPTER 168. AN ACT to amend the law in relation to Schools and Seminaries. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the first subdivision of section 1, article 1, chapter 88, of the Revised Statutes, entitled "Schools and Seminaries," be changed so as to read as follows: The auditor shall apportion each year the revenue from the fund among the several counties of the state according to the number of free white children in each, between the ages of six and eighteen years, as shown by the returns of the assessors in his office, or the report of the school commissioners to the superintendent of public instruction, whichever is the greater in each county. The apportionment shall be made from the first of December to the first of February of each year, and if the returns from any county be not then in he shall use whatever return may be in; and if neither be in he shall use that of the preceding year. § 2. That so much of section 6, article 6, of said chapter, as requires the trustees to make a report of the number of children within the districts of which they are trustees, between the ages of six and eighteen years, on or before the 10th day of November of each year, be so modified as to require them to report, on oath, the number of children residing in their respective districts on the 10th day of January preceding said report, specifying the names of the parents, or those having charge of the same, and the number of children residing with each. §3. The provisions of the foregoing section shall apply to the school reports of the school agents or other officers in cities or towns. §4. The superintendent shall report to the auditor the Superintendent number of children in each county, as reported to him by the school commissioners. to report number of children. Approved February 11, 1854. |