|Pages 450-462||Pages 476-494|
| CHAP. XX.
An act concerning the appointment of sheriffs.
|Chap. LIX in original.|
|I. BE it enacted by the General Assembly, That if the court for any county within this commonwealth shall fail to nominate persons for sheriff, according to the periods prescribed by law, every justice, so neglecting his duty, shall forfeit and pay the sum of fifty pounds. If any person hereafter to be appointed sheriff of any county, shall fail to give bond in two months after his appointment, the clerk to the court shall, within one month thereafter, transmit to the governor for the time being, a certificate of such neglect or failure, under the penalty to one hundred pounds. If any person hereafter to be nominated sheriff of a county, shall fail to make application to the governor for a commission within one month after such nomination, the governor, with the advice of the council, shall and may commission any justice of the peace of the said county to be sheriff of the same. And whereas it is represented to the general assembly, that several sheriffs within this commonwealth have been unable, from the scarcity of money and other circumstances, to complete their collection of the taxes for the year one thousand seven hundred and eighty three, and are liable to interest and damages upon their several arrearages;|| Penalty on courts failing to nominate sheriffs.|
Sheriff failing to give bond in 2 months clerk to certify such failure in one month.
Sheriff nominated, failing to apply for commission, in one month, executive may commission another.
|II. Be it therefore enacted, That the governor, with advice of council, shall be, and he is hereby empowered, upon good cause to him shewn, to suspend execution upon the judgments obtained against such sheriffs, for three months, or any shorter time, and to remit such interest and damages; provided always, that the expences of the judgments shall be paid by such delinquent sheriffs. The penalties by this act imposed, may be recovered by bill, pliant, or information, in any court of record; one moiety to the use of the informer, the other moiety to the use of the commonwealth.||Executive empowered to remit damages against sheriffs, for non-payment of taxes.|
|CHAP. XXI.||[Chapter LX in original.]|
|I. WHEREAS many inconveniencies have arisen, from the clerks of courts residing out of the county where their clerkships are, and great abuses have also arisen in the latitude of power exercised by some of the county courts, in permitting their clerks to remove the records of the county without the same, thereby greatly endangering the property and interest of individuals, citizens, as well of the county as of the commonwealth at large: And whereas it is judged expedient by the present general assembly, that due provision be made by law for the preservation and safe keeping of the public records of each county:||Preamble.|
|II. Be it enacted by the General Assembly, That every person hereafter admitted into office by any county or other inferior court, as clerk or deputy clerk of such court, shall at the time of his admission or appointment to such office, take the following oath: "I, A. B. do swear that I will well and truly exercise the office of according to the best of my skill and judgment, making due entries and record of all orders, judgments, decrees, opinions, or proceedings of the court, and carefully filing and preserving in my office all books and papers whatsoever, which shall be delivered me in charge, or otherwise come to my hands or possession by virtue of my said office; and that I will not wittingly or willingly commit any mal-feazance of office, but in all things and at all times keep my said office free and accessible to every person having a right or claim to business therein, and faithfully executing the duties thereof, without favor, affection, or partiality. So help me God." And if any person shall presume to execute the office of clerk or deputy clerk of any county or other inferior court, without taking such oath, he shall forfeit and pay five hundred pounds, and|| Oath of clerks of county courts, and their deputies.|
Penalty for acting without.
|suffer one year's imprisonment without bail or mainprize.|
|III. And be it further enacted, That every county court clerk shall at the time of his appointment and qualification, as aforesaid, enter into bond, with security to be approved of by the court, in the penalty of one thousand pounds, payable to the governor and his successors for the time being, with condition for the due and faithful execution of his office, and that he will not remove or carry, or suffer to be carried or removed out of the county, the records and papers of the court whereof he is clerk, or any part thereof, except in cases allowed by law; which bond shall by such clerk be transmitted within three months to the clerk of the council for the time being, to be by him registered and preserved among the papers of the executive, and may be prosecuted upon, and the penalty thereof recovered against any such county court clerk, at the discretion of the general court, for any mal-feasance of office; and such clerk failing to transmit such bond to the clerk of the council for the time being, within the term aforesaid, shall forfeit and pay one hundred pounds, or presuming to execute his office without entering into such bond, shall forfeit and pay two hundred pounds, and suffer three months imprisonment.|| To give bond.|
Not to remove records and papers out of the county.
|IV. And be it further enacted, That it shall not be lawful for the court of any county, or the clerk of any such court, to remove, or cause to be removed, the records and papers of the same, or any part thereof, without the county, except in cases of actual invasion or insurrection, where in the opinion of the court the same will be endangered, or where for want of such opinion, occasioned by the suddenness of the alarm or danger, the clerk shall at his own discretion remove the same, returning them as soon as the alarm or danger ceases, or except also in other cases heretofore provided for by law; any member of a court, or clerk of the same, offending herein, shall forfeit and pay two hundred pounds.||In what cases records may be removed.|
|V. And be it further enacted, That every clerk or deputy clerk of a county or other inferior court now in office, shall, as soon as may be after the commencement of this act, take the oath of office herein before prescribed; any such clerk failing herein for the space|
|of six months from the commencement to this act, shall forfeit and pay one hundred pounds. Every clerk appointed since the fourth day of June, one thousand seven hundred and seventy-six, as well as those hereafter to be appointed, shall moreover reside within the county in which they shall hold their office, under penalty of being incapacitated therefrom, by information in the general court. All the penalties by this act imposed shall be prosecuted for, and recovered, by bill, pliant, or information, in any court of record; one moiety to the use of the informer, and the other moiety to the use of the commonwealth. This act shall commence and be in force from and after the first day of December, one thousand seven hundred and eighty-five.||Every clerk appointed since the 4th of June 1776, to reside in his county.|
|VI. And be it further enacted, That memorials of all bargains, sales, mortgages, and other conveyances, marriage settlements, and deeds of trust, and also lists of certificates for obtaining probat or administration, be hereafter transmitted by the clerks of the several county courts within the district of Kentucky to the clerk of the said district, and by the clerks of the other county courts within this commonwealth to the clerk of the general court, in the manner and at the time the same are directed by law to be returned to the secretary's office; and the clerks of the district court of Kentucky, and of the general court, shall register such memorials, and cause the said lists returned to them as aforesaid, to be recorded as heretofore directed by law, in books to be kept for those purposes; and that for recording the memorial of each bargain, sale, mortgage, or other conveyance, marriage settlement, or deed of trust, there be paid by the person to whom the same shall be made, ten pounds of tobacco, and also ten pounds of tobacco for recording each probat or certificate of administration; to be collected, levied, and accounted for, in the same manner as other clerks fees are directed by law to be collected, levied, and accounted for.|| Memorials of deeds, &c. & certificates of administrations to be
transmitted by clerks of county, to clerks of general court.|
To be registered and recorded.
|CHAP. XXII.||[Chapter LXI in original.]|
|I. WHEREAS it is represented to this present general assembly, that John Hoomes hath expended a considerable sum of money in the purchase of carriages and horses, for the purpose of conveying persons and baggage between Richmond and Petersburg, and between Petersburg and Richmond and Hampton, Norfolk or Portsmouth, which will be productive of considerable public convenience and utility: And whereas the said John Hoomes hath undertaken to keep up and continue the said line of stages as aforesaid, in a proper and sufficient manner for the term of three years, therefore it is reasonable that he should possess, for a reasonable time, any emoluments resulting therefrom:||John Hoomes granted exclusive privilege of carrying persons in stage coaches between certain places.|
|II. Be it therefore enacted, That the said John Hoomes shall have the sole and exclusive right of conveying for hire, persons in stage carriages, between Richmond and Petersburg, and between Petersburg and Richmond and Hampton, Norfolk or Portsmouth, by way of Suffolk, and to and from any intermediate place or places, for and during the term of three years; and shall and may demand and take for each passenger five pence per mile, and five pence per mile for every one hundred and fifty pounds weight of baggage exceeding fourteen pounds, conveyed in any of the said stage carriages. If the said John Hoomes, by himself or any other shall demand or receive any greater rates than are hereby allowed, he shall forfeit and pay double the sum demanded or received, to be recovered with costs, by summons and petition in any county court of this commonwealth; and if the sum be under twenty-five shillings, before any justice of the peace by warrant, to the use of the party injured in both cases. If any person or persons, other than the said John Hoomes, his agents or servants, establish or run any|| Rates.|
Penalty for infringing his penalty.
|stage carriages between either of the before mentioned places, or any intermediate place or places, or demand or take, directly or indirectly, any fee or reward whatsoever for conveying any person or persons, or their baggage, in a stage carriage or carriages between either of the above-mentioned places, or any intermediate place, during the term aforesaid, he or they so offending, shall forfeit and pay for every stage so run or established, the sum of one thousand pounds, and for every person or one hundred and fifty pounds of baggage by him or them so conveyed, the sum of one hundred pounds, to be recovered with costs, by action of debt, bill, plaint, or information, in any court of record, to the use of the said John Hoomes. The said John Hoomes shall, on or before the first day of April next, enter into bond with sufficient security, in the general court, or in the court of the counties of Henrico or Caroline, in the sum of one thousand pounds, payable to the governor and his successors, for the use of the commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid. And whereas, by an act passed at the last session of assembly. giving Nathaniel Twining the exclusive privilege of conveying persons in a stage coach for a limited time, it was enacted, that the said Nathaniel Twining should give bond and security for the due and faithful keeping up the line of stages therein mentioned, by the first day of September last; and although the said Twining hath duly, faithfully, and regularly complied hitherto with the obligation imposed on him by that act, yet it may have happened from his being a stranger in the state, that he may not have been able hitherto to procure security as aforesaid, and it is reasonable that he should be allowed further time to give the same:|| |
To give bond.
|III. Be it therefore enacted, That the said Nathaniel Twining shall be allowed time to give the said bond and security to the period herein before allowed to the said John Hoomes, and that the same shall be as good and effectual as if it had been given or entered into by the time limited in the said recited act.||Nathaniel Twining allowed further time to give bond.|
| CHAP. XXIII.
An act for dividing the county of Jefferson into two distinct counties.
|Ch. LXII in coriginal.|
|I. BE it enacted by the General Assembly, That from and after the first day of January next, the county of Jefferson shall be divided into distinct counties by Salt river; and that part of the said county lying south of the said river shall be called and known by the name of Nelson, and all the residue of the said county shall retain the name of Jefferson. That a court for the said county of Nelson shall be held by the justices thereof on the fourth Tuesday in every month, after the division shall take place, in such manner as is provided by law for other counties, and shall be by their commissions directed; that the justices to be named in the commission of the peace for the said county of Nelson shall meet at Beardstown, in the said county, upon the first court-day after the said division shall take place, and having taken the oaths prescribed by law, and administered the oath of office to, and taken bond of the sheriff, according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the entre thereof as the situation and convenience will admit of, and thenceforth the said court shall proceed to erect the necessary public buildings at such place; and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts and of a clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court-day, when a majority shall be present. The governor, with advice of the council, shall appoint a person to be fist sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs.|| Jefferson county divided, and Nelson
|II. Provided always, and be it further enacted, That it shall and may be lawful for the sheriff of the said|
|county of Jefferson to collect and make distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time the said division shall take place, and shall be accountable for the same in like manner as if this act had not been made; and that the court of the said county of Jefferson shall have jurisdiction of all actions and suits in law or equity, which shall be depending before them at the time of the said division, and shall try and determine the same, and issue process and award execution thereon.|
|III. And be it further enacted, That the value of the court-house and other public buildings in the said county of Jefferson, shall, on or before the first day of January next, be ascertained and fixed by William Pope, George Slaughter, Philip Barbour, William Oldham, Isaac Cox, Andrew Hinds, and Benjamin Pope, or any four of them, who shall make return, so soon after as may be, of such valuation to each of the courts of the said counties of Jefferson and Nelson; and the court of the said county of Jefferson shall, within twelve months after such return made, levy on the tithables in their county, and pay to the court of the said county of Nelson, the proportion of such valuation, according to the number of tithables in that part of the said county of Jefferson at the time the expence of the said buildings was levied by the court of the said county of Jefferson.|
|IV. And be it further enacted, That the principal surveyor to be chosen for the said county of Nelson, shall, and he is hereby directed, to take from the surveyor's books of Jefferson county, all such locations as may fall within the county of Nelson upon the said division taking place, that plats of survey [surveys] may be returned to his office.|
|CHAP. XXIV.||[Chap. XLIII in original.]|
|I. WHEREAS it is the desire of the good people of this commonwealth, in all cases to manifest their reverence for the law of nations, to cultivate amity and peace as far as may depend on them, between the United States and foreign powers, and to support the dignity and energy of the fœderal constitution:||Preamble.|
|II. Be it enacted by the General Assembly, That if any citizen or inhabitants of this commonwealth, shall go beyond the limits of the United States, within the acknowledged jurisdiction of any civilized nation on amity with the United States, shall within the same commit any crime, for which, in the judgment of the United States, in congress assembled, the law of nations, or any treaty between the United States and a foreign nation, required him to be surrendered to the offended nation, and shall thereafter flee within the limits of this commonwealth, and the sovereign of the offended nation shall exhibit to the United States, in congress assembled, due and satisfactory evidence of the crime, with a demand of the offender to be tried and punished where the same was committed; and the United States, in congress assembled, shall thereupon notify such demand to the executive of this state, and call for the surrender of such offender, the governor, with the advice of the council of state, is hereby authorized to cause him to be apprehended, conveyed and delivered to such person or persons, as the United States, in congress assembled, shall prescribe.||Citizens of this state, committing crimes out of its limits, how apprehended and surrendered.|
|III. And be it further enacted, That if any citizen of this commonwealth, shall go out of the same into the territory of any christian nation or Indian tribe, in amity with the Untied States, and shall there commit murder, house-burning, robbery, theft, trespass, or other crime, which, if committed within this commonwealth, would be punishable by the laws thereof, it shall and may be lawful for any justice of the peace, on proof of such offence by the oath of one or more credible witness or witnesses, to issue his warrant, directed||Crimes committed within territory of any christian nation or Indian tribe, in amity with U. States, how punished.|
|to all sheriffs, under-sheriffs, and constables, within this commonwealth, commanding them and each of them, within their respective counties and precincts, to apprehend such offender or offenders, and him, her or them, to bring before such justice, or any other justice of the peace in the same county, or in the county where such offender may be apprehended; and such offender or offenders shall be subject to the same punishment, and shall be dealt with in the same manner, as if the offence, with which he, she, or they stand charged, had been committed within the body of some county of this commonwealth; and such offenders may be tried by a jury of bystanders, qualified by law to serve on juries in capital cases: Provided also, That it shall and may be lawful for the magistrate committing such offender (if the circumstances of the case shall render it absolutely necessary) to appoint the time for holding a court for the examination of such offenders at a more distant period than the law allows with regard to other criminals, provided the same to be held within thirty days after the commitment of the prisoner.|
|IV. And be it further enacted, That where sufficient proof shall not appear to the court before whom such offender shall be examined, to convict him or her of the charge, it shall and may be lawful for such court (if the circumstances of the case shall, in the opinion of the court, require it) to bind such offender to his or her good behaviour, in such sum and for such time as the said court shall judge reasonable.||When offenders may be bound to the good behaviour.|
|V. And be it further enacted, That the governor shall, as soon as conveniently may after the passing of this act, transmit so many copies thereof as he shall think proper to the governors of the colonies of such nations, as may most probably be injured by the disorderly citizens of this state, to evince the friendly disposition of this commonwealth.||Copies of this act, where to be transmitted.|
|VI. And be it further enacted, That his act shall be given in charge to every grand jury to be empannelled in the general court for the district of Kentucky; and if such grand jury shall present any person for having violated this act (which they are hereby authorized to do) the court before whom such presentment shall be made, are hereby authorized and empowered (if the circumstances of the case, in the opinion of such court,||To be given in charge to grand jury, in Kentucky.|
|shall require) to bind the person or persons so presented to his, her, or their good behaviour, in such sum and for such time as the court in their discretion shall judge reasonable, notwithstanding he or she may have been acquitted by a petit jury.|
An act for the appointment of trustees for the town of York.
|[Chap. LXIV in original.]|
|I. WHEREAS it hath been represented to the general assembly, that the inhabitants of the town of York experience much inconvenience for the want of trustees or directors, occasioned in several instances by the death of some of the former members, and in other instances by the non-residence, or legal disabilities of others: For remedy whereof,||Trustees for the town of York, appointed.|
|II. Be it enacted by the General Assembly, That Thomas Nelson, jun. David Jameson, Hugh Nelson, William Cary, William Reynolds, Corbin Griffin, Matthew Pope, and Robert Nicholson, jun. gentlemen, be, and they are hereby constituted and appointed trustees and directors of the town aforesaid, and are authorized and empowered to meet at such time and place as a majority of the said trustees may direct, for the purpose of carrying into effect the duties of their appointment; and in case of the death, legal disability, or removal out of the county, or into distant parts, of one or more of the said trustees, the surviving trustees, or a majority of them, may from time to time, proceed to elect by ballot some other person or persons to supply any such vacancies that may happen; and such trustee or trustees so nominated and elected, shall be vested with as full and compleat authority to exercise the said office, as if he or they had been particularly nominated by this act.|
|CHAP. XXVI.||[Chap LXV in original.]|
|I. WHEREAS, by an act passed in May, one thousand seven hundred and eighty, intituled, "An act for establishing the town of Louisville at the falls of the Ohio, and one other town in the county of Rockingham," the escheated lands of a certain John Connolly were vested in trustees, for the purpose of establishing a town, to be known by the name of Louisville; and according to the directions of the said act, parcels of the said land were laid off into lots, and sold by the said trustees, upon the conditions prescribed by the said act: And whereas, in October, one thousand seven hundred and eighty three, it appearing to the general assembly that John Campbell and the said John Connolly were seized as tenants in common of four thousand acres of land, lying at the falls of the river Ohio, and that the said John Campbell and John Connolly did execute to each other, a deed of partition of the said land, but that the partition lines had never been run; and it appearing moreover that the said John Connolly being indebted to the said John Campbell and a certain Joseph Simon, did mortgage his part of the said land to the said John Campbell and Joseph Simon, and that the land had not been redeemed from the said mortgage; an act passed, intituled, "An act for repealing in part an act for establishing the town of Louisville," by which act, the act "For establishing the town of Louisville" is repealed, so far as it affects the title to the said John Campbell and John Connolly. And whereas doubts have arisen upon the construction of the last mentioned act, in the minds of the purchasers of lots in the town of Louisville, with regard to their titles, and the trustees of the said town of Louisville know not how||Preamble.|
|to proceed in executing the law passed in May, one thousand seven hundred and eighty, for establishing the said town of Louisville:|
|II. Be it enacted, That the trustees to the said town of Louisville shall, as soon as may be, give notice to the said John Campbell, and proceed to running the partition lines between the lands of the said John Campbell and John Connolly according to their respective deeds of partition; and as soon as the said partition lines shall be run, the said trustees shall lay off into convenient lots or parcels, not exceeding one hundred acres, and sell such of the escheated lands of the said John Connolly as remain unsold, and shall in the first instance, after paying the necessary charges of surveying and laying off the said land, apply the money arising from such sales to redeeming the said land from the mortgage of the said John Campbell and Joseph Simon, and shall pay the overplus into the treasury of this commonwealth. And in case the said lines of partition shall have been run according to an ct, intituled "An act for repealing in part an act for establishing the town of Louisville," previous to the passing of this act, then the said trustees shall proceed immediately to sell, in manner before directed, the said escheated lands of the said John Connolly, and to apply the money arising from such sale to the purposes aforesaid.|| Partition line between lands of John Campbell and John Connolly,
to be run.|
Escheated lands of John Connolly to be sold, and mortgage to John Campbell and Jos. Simon, paid off.
|III. And be it further enacted, That the said trustees shall receive all monies due for lots heretofore sold by them according to the act of May, one thousand seven hundred and eighty, and shall apply such monies to the purposes aforesaid.|
|IV. And be it further enacted, That the titles of the purchasers of lots in the town of Louisville, under the said act of may, one thousand seven hundred and eighty, shall be deemed valid against the claim of the said John Campbell and Joseph Simon, and their heirs or assigns. Provided, That this act shall not be construed to affect the title of the said John Campbell to such part of the town of Louisville as may have been laid off upon his part of the said land.||Titles to purchasers of lots in Louisville, confirmed.|
|CHAP. XXVII.||[Ch. LXVI in original.]|
|I. IT being represented to this present general assembly, that many people within this commonwealth have not received the benefit of an act of the last session of assembly, intituled "An act to revive and amend in part an act, intituled an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights, and for other purposes;"||Further time allowed to enter certificates for settlement rights, and locate warrants, on pre-emption rights.|
|II. Be it enacted, That the said act be, and is hereby continued, until the first day of June, one thousand seven hundred and eighty five, and no longer.|
|Pages 450-462||Pages 476-494|