1833. All fines and forfeitures in propriated to said Academy. any Sec. 2. And be it further enacted, That all fines as sessed and adjudged heretofore, against any person or persons in the county of Boone, for any breach of the said county ap- peace, riot, rout or unlawful assembly, or for misdemeanor or offence against the penal laws of this commonwealth, committed in said county, shall be appropriated to the benefit of said Boone Academy, and shall be paid over to the treasurer of the said board of trustees of said academy, by the justice of the peace, constable, sheriff, or deputy sheriff, who may hereaf ter collect the same, within thirty days after any such fine may be collected by any such officer: and all such fines shall be subject to the order and control, at all times, of the trustees of said Boone Academy. And may be sued for and recovered by the trustees. Sec. 3. And be it further enacted, That in case any such officer shall fail to pay over to said treasurer any such sum or fines by him collected, within said thirty days, that the trustees of said academy in their corporate name, at any time within two years thereafter, move against him, if a constable, before a justice of the peace in and for the county in which said constable lives, and if a sheriff or his deputy, before the circuit court held in the county in which said sheriff or his deputy lives, and if a justice of the peace, before some other justice of the peace in his county, and recover ceeding therein. judgments in such motions against any such officer for the amount collected, with ten per cent. interest there-on from the time of collection till paid: which judgment, or any execution thereon, shall not be replevied, and shall be so endorsed by said justice of the peace or the clerk of said court: Provided, That said trustees shall give every such officer ten days notice, in writing, of any such motion. Mode of pro annually a re Sec. 4. And be it further enacted, That it shall be The justices of the duty of the justices of the peace for Boone county Boone to make to report the fines assessed and adjudged before them port of the fines respectively, as now directed by law, and under the same penalty, to the county court of said county, at the court of claims annually; and all acts or parts of acts contrary to any thing herein contained are hereby repealed. assessed by them. [Approved January 2, 1833.] 36.-AN ACT to regulate Election Precincts in certain counties. Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all that part of Clarke: 1833. cincts in Clarke county included in the following bounds, viz: Beginning at the mouth of Howard's upper creek, on the Kentucky river; thence up said creek to the mouth of Election prethe Dry fork, a branch of the same; thence up the Dry fork to Claiborne Cox's; thence with the road from said Cox's that runs across to the road leading from Winchester to the Red river Ironworks, until it intersects the same; thence with said Red river ironworks' road to a fork of the same, near the house of Silas Evans, leading into the Stone quarry road, with said fork to the Stone quarry road, and with the same, passing the house of John Hulse, to a road leading into Montgomery; thence with said road to the Montgomery county line; thence with said Montgomery line until it strikes Red river; thence down Red river to the mouth thereof; thence down the Kentucky river to the beginning; shall belong to, and be a part of, the upper precinct in said county of Clarke. Sec. 2. Be it further enacted, That the elections in Place of voting said precinct shall be held at the same place and un- therein. der the same rules and regulations as heretofore: Provided, however, That it shall be lawful for the voters residing in the bounds of said precinct, and the one at Colbyville, to vote at the court-house of said county, if they Voters may should think proper so to do, but subject to the penalties prescribed by law for the offence of voting more than once at the same election. vote at the court-house. Sec. 3. Be it further enacted, That the precinct in The Colbyville said county at Colbyville, shall be so enlarged as to precinct in said extend from the dwelling house of George W. Frank county enlarge lin, in a straight line, to the dwelling house of Isaac Cunningham, including the same; thence with a line North East to the Bourbon county line; thence with the Bourbon county line to the Fayette line, and with said Fayette line to its junction with the former boundary of said precinct. ished. Sec. 4. Be it further enacted, That the Southern pre- The southern cinct in the county of Caldwell, that lies between Cum- precinct in berland and Tennessee rivers, be abolished: and that Caldwell abolthe people residing therein be permitted to vote at any other precinct or court-house in said county; and that the place of voting in the Northern precinct in said county be changed from Walter McChesney's to William McDowell's. Sec. 5. Be it further enacted, That all that part of Election preKnox county included within the following bounds, to- cinct establishwit: Beginning at the mouth of Four mile creek; ed in Knox. 1833. thence running up said creek so as to include all the voters on said creek; thence with the dividing ridge between the waters of Stinking creek and Straight creek, to the head waters of the main right hand fork of Stinking creek; thence with a straight line to where the road crosses the ridge, between the head of the left hand fork of Stinking creek and Otter creek; thence to the mouth of Hammon's fork of Goose creek so as to include the voters on said fork; thence with the Goose creek road to the State road; thence with the State road to the beginning, shall be, and the same is hereby, formed into an election precinct, in said county of Knox, which shall be called and known by the name of the Stinking creek precinct: and that the qualified Place of voting voters in said precinct shall meet at the house of Nashy Mills in said precinct, for the purpose of voting at all therein. Another pre ed in said coun ty. elections. Sec. 6. Be it further enacted, That all that part of Knox county included within the following bounds, tocinct establish- wit: Beginning at the mouth of Greasy creek; thence up Cumberland river to the Harlan county line; thence with said line to the Tennessee line; thence with said. Tennessee line to the Whitley county line; thence with the line which divides Knox and Whitley to George Tye's; thence a straight line to John Cotrill's; thence to the mouth of the right hand fork of Brush creek, so as to include the voters on the fork of Little Poplar, on which said John Cotrill lives, and also those on the said right hand fork of Brush creek, to the place of beginning, shall be, and the same is hereby, formed into an election precinct in said county of Knox, which shall be called and known by the name of Greasy creek precinct: and that the qualified Place of voting voters in said precinct shall meet at the house of John Furson in said precinct, for the purpose of voting at all elections: Provided, however, That nothing in this act shall prohibit the voters in either of the aforesaid precincts from voting at the seat of justice in said county of Knox, subject to the penalties prescribed by law for voting more than once at the same election. therein. Proviso. Sec. 7. Be it further enacted, That the county court County court of of said county shall, from time to fime, appoint judges Knox to appoint and clerks to attend in said precincts: and that they judges and shall be entitled to the same allowances as are directed by law in similar cases. clerks to conduct elections therein. Sec. 8. Be it further enacted, That there shall be, and is hereby, established an election precinct in the 1833. cinct establish the neighborhood of the Scaffle cave, at the house of Nicholas Ballard, (formerly occupied by John Hardwick,) in Rockcastle county; any qualified voter in Election presaid county shall have the right to vote in said pre- ed in Rockcascinct at each election required by law, but subject to the. the penalties now prescribed by law in case of voting at more than one place at the same election. Sec. 9. Be it further enacted, That it shall be the Judges and duty of the county court of said county, previous to clerk to be apeach election required by law, to appoint judges and pointed therein. a clerk to superintend the said precinct, who shall be allowed the same compensation as is allowed in similar cases. Sec. 10. Be it further enacted, That the officers holding elections in the Crooked creek precinct, in the county of Livingston, be permitted to hold the same in the meeting house at that place, by the consent of the person or persons having charge thereof. Sec. 11. Be it further enacted, That the election precinct in the county of Hickman, heretofore holden at the house of William Holeman, shall hereafter be held at the house of William Elliott in said county. [Approved January 2, 1833.] CHAP. 37.--AN ACT authorising the County Courts of Bath, Fleming and Franklin, to permit gates to be erected across certain public roads. Place of voting creek precinct Place of voting in the precinct in Hickman changed. authorized to permit the erecacross the old Iron Works tion of gates Sec. 1. Be it enacted by the General Assembly of the The county Commonwealth of Kentucky, That the county court of court of Bath Bath county may permit the owners or occupiers of land, on that part of the Old Ironworks road in Bath county, between the residence of Andrew Gudgel and John Harper, to erect gates across said road where the same passes over their land: that said gates shall be at least ten feet wide, and so constructed as to open and shut with convenience, and the same shall at all times be kept in good repair by the respective owners or occupiers of said land. road. Sec. 2. Be it further enacted, That no order for erect- A majority of ing said gates shall be made, except a majority of the the justices to justices of said county court be present and composing concur therein. the court: Provided, A majority of said justices shall Proviso. have power to discontinue any of the gates erected under this act, when the public good shall require it. Sec. 3. Be it further enacted, That the county court of Fleming may permit William Armstrong and WilD Gates permit ted across a road in Fleming liam H. Smith to erect gates across the public road leading down Allison creek, on that part of the road which passes over their land. Sec. 4. Be it further enacted, That the said gates shall be at least nine feet wide, and so constructed as to open and shut with convenience, and the same shall at all times be kept in good repair by the respective owners: Provided, however, That a majority of the justices of said court shall have power to discontinue said gates, when the public good, in their opinion, shall require it. Sec. 5. Be it further enacted, That Zachariah Lewis, of Franklin county, may erect gates across the road leading from Frankfort to Flat creek, under the same rules, regulations and restrictions, that are provided in the foregoing sections in relation to the erection of gates across the Old Ironworks road. [Approved January 2, 1833.] The place of voting in a precinct in Mont gomery chang'd berland. CHAP. 38.-AN ACT to change the place of voting, in an Election Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in the election precinct in Montgomery county, called the Red river precinct, be, and the same is hereby, changed to the house of John L. Martin, near James Kirkpatrick's mill: and it shall be the duty of the county court of Montgomery county to appoint judges and a clerk of the election, who shall meet at the house of the said John L. Martin, and conduct the elections according to the laws of this commonwealth regulating elections. Sec. 2. Be it further enacted, That the place of votAlso, in Cum- ing in the Stockton Valley precinct, in Cumberland county, be, and the same is hereby, changed from the house of Pleasant H. Williams to Zimmerman's old farm, in the vicinity of John Shelly's and William Murray's. tablished in Cumberland. Sec. 3. Be it further enacted, That all that part of A precinct es- Cumberland county within the following boundary, viz: Eeginning on the State line at the Monroe county corner; thence East with the State line so far as to include all the settlers on Sulphur Lick creek, and up the same to the head thereof; thence a straight line |