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mills may

rect locks.

Proviso.

s. Be it further enacted, That the owners of Owners of the several mill-dams on the said South fork may, if they prefer it, erect locks in their several dams in lieu of the slopes required by the above recited act: Provided however, that if such locks shall not be so constructed as to render the navigation entirely secure for boats of the ordinary size, the county courts of the counties within which the same shall have been erected, shall cause them to be demolished and their place supplied by asłope, as required by the above recited act, allowing the proprietor reasonable time to make such alteration.

move certain

§4. Be it further enacted. That the commis- Commissionsioners appointed to superintend and open the nav- ers on Lickigation of Main Licking, pursuant to the provis- ing may reions of an act entitled an act for the improve- mill-dams. ment of internal navigation," shall be. and they are hereby authorised to remove any mill-dam erected on Main Licking below the lower BlueLicks, unless the same shall have been built in faith of and pursuant to the provisions of law.

§ 5. Be it further enacted, That in all cases Whether mill where the owner or owners of a mill-dam or mill- dams be erecdams below the lower Blue-Lick as aforesaid, ed according to law, how shall alledge that the same was built in faith of ascertained. and pursuant to the provisions of law, it shall in all such cases be the duty of the commissioners aforesaid to give at least ten days notice in writing to the said owner or owners of such milldam, to appear before the judge of the circuit court of the judicial district in which the said dam may be situated, for the purpose of investigating the truth of the case, and to ascertain whether the said dam had been built in faith of and pursuant to the provisions of law.

Powers of

§ 6. Be it further enacted, That if the judge of the circuit court aforesaid, after hearing the evi- circuit courts.' dence, should be of opinion that the owner of the dam had provided locks and slopes, or otherwise constructed the same so as to secure the safe and free passage of boats and fish, according to the true meaning and intention of the law under which the said dam was erected, in that case the commissioners shall not have power to remove the dam, but the same shall remain inviolate, up

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Commission- less the owner thereof shall compromise with the ers may com commissioners, who are hereby authorised to pay promise.

to the said owner the sum agreed on out of the funds appropriated for removing obstructions out of Main Licking and its navigable branches: Provided however, that the said commissioners shall have power, at their discretion, to compromise with the owner of any mill-dam below the lower Blue-Lick, where, in their opinion, the justice of the case or public good shall require it, without applying to the judge, as herein before directed.

CHAP. CCXLVIII.

An ACT to establish Election Precincts in certain counties, and for other purposes.

APPROVED January 31, 1818.

1. BE it enacted by the General Assembly of the Election pre- Commonwealth of Kentucky, That all that part cinct in Bar- of Barren county within the following bounds,

ren county.

to wit: Beginning at a point half way between Tompkinsville and Thomas Flippins' old place, now called Pikesville, and running thence at right angles northwardly to a direct line between said Tompkinsville and Pikesville to Glover's creek ; thence up the same and with the old precinct line to the Cumberland county line; thence with the same south to the Tennessee state line; thence with the same west so far as to intersect the first line extended southwardly, and thence to the beginning, shall constitute an election pre

cinct.

§ 2. Be it further enacted, That the election in Place of hold- said precinct shall be held at the house of Henry ing elections. Dickerson in the town of Tompkinsville; and

the county court of Barren shall appoint judges and a clerk to conduct the election in said precinct; and the sheriff of Barren county, or his deputy, shall attend to conduct the polls at the election in said precinct; and the said judges. clerk and sheriff, or his deputy, shall be governed by the same rules and regulations now in forc®

án relation to the judges, clerk and sheriff of the election held at Pikesville, and shall receive the same pay for their services.

in Lewis

3. Be it further enacted, That the place of Place of holdholding the election in the first precinct in the ing elections county of Lewis be changed, and that hereafter countychangthe election in said precinct shall be held at the ed house of John D. Everitt.

by county.

§4. Be it further enacted, That all that part of Election preShelby county within the following bounds, to wit: cinct in ShelBeginning at the mouth of Crooked creek, corner to Shelby and Franklin counties; thence with the Franklin and Shelby line seven miles; thence to run between where Jonathan Rulile formerly resided and where Jacob Rulile now lives, on the road leading from Frankfort to Bardstown; thence with a straight line to John Carland's, who resides on the road leading from Shelbyville to Bardstown; thence with a straight line to the corner of Jefferson and Bullitt counties on Plumb creek, and thence to the beginning shall constitute an election precinct; and the election in said Place of holdprecinct shall be held at the house where Samuel ing elections. Oglesby now resides in the town of Taylorsville; and the county court of Shelby shall appoint judges and a clerk to conduct the election in said precinct; and the sheriff of Shelby county, or his deputy, shall attend to conduct the polls; and the said judges, clerk and sheriff, or his deputy, shall be governed in every respect by the rules and regulations prescribed by an act passed at the present session establishing an election precinct in the county of Shelby: Provided however, that nothing in this act contained shall be Proviso. so construed as to prevent any person entitled to vote living in the bounds of any precinct established by this act from voting at the court-house of his county should he think proper so to do.

§ 5. Be it enacted by the General Assembly of Election prethe Commonwealth of Kentucky, That all that part cinct in Henof Henry county included within the following ry county. boundary, viz. Beginning at the mouth of Patton's creek, on the Ohio river; thence up said creek to the house of John Adams; thence on a direct line to the house of Elza Rucker; thence

on a straight line to Hoskins' mill on the little Kentucky river; thence on a direct line to a point where the road leading from New-Castle. to Port-William crosses the Gallatin line; thence with the Gallatin line to the Ohio river; thence down said river to the beginning, shall be, and the same is hereby erected into an election precinct in the county of Henry; and that the qualPlace of hold-ified voters in said precinct do meet at the house ing elections. of Robert H. Lawrence, in the town of Bedford in said precinct, for the purpose of voting in all legal elections.

ry county.

$6. Be it further enacted, That all that part Election pre- of the county of Henry included within the folcinct in Hen- lowing boundary, viz: Beginning at the Jefferson and Henry lines on the Ohio river; thence with said line to the Shelby line; thence with the Shelby and Henry lines to a point where the road leading from Bedford to Shelbyville crosses said line; thence with said road to the house of Elza Rucker; thence with the Bedford precinct line down Patton's creek to the mouth thereof; thence down the Ohio river to the beginning, shall be, and the same is hereby erected into an election precinct in said county; and that the Place of vot. qualified voters in said precinct do meet at the ing.

Proviso.

house of William Subblett, in the town of Westport in said precinct, for the purpose of voting in all legal elections: Provided however, that nothing in this act contained shall prevent the qualified voters living within either of said precincts from voting in all legal elections at the courthouse of said county, should they so elect.

$7. Be it further enacted, That the county court Clerks and of Henry, at the time they appoint a clerk and judges to be judges to the election to be held at their courtappointed. house, shall also appoint clerks and judges to preside at each of the precincts herein established; and it shall be the duty of, the sheriff of said county to attend by himself or deputies, and conduct the elections in said precincts; which elections shall be governed by the same rules and regulations as are now prescribed by law.

8. Be it further enacted, That the sheriff or Polls to be sheriffs who preside at the said precincts shall compared.

meet the sheriff who shall preside at the electiou held at the court-house, on the fifth day after the commencement of said election, at the court-house in said county, and compare the polls, and make return agreeably to the constitution and laws of this commonwealth concerning elections.

CHAP. CCXLIX.

An ACT to amend an act for the relief of John

D. Pearce."

APPROVED January 31, 1818.

Preamble.

WHEREAS by an act approved the 5th of February 1817, the Register of the land-office was directed to issue a warrant in favor of John D. Pearce, for eight hundred acres of land, without a quietus from the treasurer for the state price; and whereas it appears to the present general assembly that the christian name of the said Pearce is not John, but Robert: For remedy whereof, Be it enacted by the General Assembly of the Register to Commonwealth of Kentucky, That upon the production of the former warrant, the Register of the land-office be, and he is hereby directed to issue a land-warrant in favor of the said Robert D. Pearce for an equal quantity of land, subject to all the privileges and restrictions intended to have been given by the former act.

issue land

warrant,

CHAP. CCL.

An ACT to establish a Turnpike on the road leading from the mouth of Big Sandy through the counties of Greenup and Lewis in a direction to Flemingsburg.

APPROVED January 31, 1818. WHEREAS the road leading from the mouth of Big Sandy through the counties of Greenup and Lewis in a direction to Flemingsburg, passes through a tract of country so thinly inhabited that it cannot be kept in repair in the ordinary

Preamble.

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