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1851.

the mouth of Forbes' mill creek; thence with that ridge to the Salt Works road, where John Forbes', jr. road comes into said road; thence with Forbes' road to Rockcastle river, excluding said Forbes; thence down Rockcastle river, with the county line, to the beginning.

§ 2. That the place of voting in said district shall be at Place of vo the house of Moses Kemper, and shall be designated and known as Little Rockcastle district.

ting in 7th dis. trict.

§ 3. That the place of voting in the third or Hazle-patch Place of vo- district, shall be at the house of Mark Hardin, and shall be ting in 3d district. designated and known as Raccoon creek district.

and 4th districts

§ 4. That Pleasant Johnson is hereby stricken from the Change in 3d fourth and added to the third district, as follows, viz: beginning at James Wyatt's old place on the south fork of Rockcastle river; thence up said fork to the mouth of the right hand fork of said south fork; thence up said right hand fork to the mouth of the foot ridge branch; thence up said branch, so as to include said Johnson, to the top of the ridge; thence with said ridge to the Wyatt road.

London and Rac

coon

§ 5. That the line between the London and Raccoon disLine between trict be amended so as to keep the dividing ridge between districts Woods' creek and little Raccoon, Gillis' branch and Hazle-patch creek to Bull's old place, on the Crab Orchard road, so as to include Fielding Pitman in the London district.

changed.

Whitley chang

ed.

6. That the citizens residing on the left hand fork of District in Wolf creek, in Whitley county, be and they are hereby taken from the third district, in said county, and are hereby attached to the fourth district in said county.

§ 7. That the secretary of state be and he is hereby diDuty of Secre- rected to forward a copy of the above act to the clerks of the county courts of Laurel and Whitley immediately upon its passage.

tary of State.

Approved February 25, 1851.

CHAPTER 327.

AN ACT to change the time of holding the Court of Claims in Fayette

county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the time of holding the court of claims in Fayette county, for the present year, be and the same is hereby changed from the second Monday in May, as heretofore, to the second Monday in April.

Approved February 25, 1851.

CHAPTER 333.

AN ACT authorizing Christian county to be divided into not less than seven nor more than eleven districts, for the election of Justices of the Peace and Constables.

1851.

to divide the

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the commissioners appointed to divide Christian county into magistrates' and constables' dis- Commissioners tricts, by an act, entitled, "an act appointing commissioners county, and lay to divide the counties of this state into districts, for the elec- off new districts tion of justices of the peace and constables," approved December 12, 1850, and those hereinafter appointed, are hereby authorized and required to divide and lay off said county into any number of districts, not less than seven, nor more than eleven districts, for the election of justices of the peace and constables; and that said commissioners, given to report or a majority of them, may reconsider and annul any former state. action in dividing said county, and establishing the precincts therein, and shall have until the 17th day of March, 1851, to make final returns of the districts in said county, as provided for in the 17th section of the said act, approved 12th of December, 1850.

§ 2. That it shall be the duty of the secretary of state to forward to the sheriff, and the clerk of the Christian circuit court, each, a copy of this act; and said sheriff shall summon all of said commissioners together, within seven days after the receipt thereof, at the county seat of said county, and lay this act before them.

Further time

to secretary of

Secretary's duty

pointed.

$3. That Aquilla Long, W. W. Johnson, R. F. Kelly, Additional com Miller Woodson, Abram Keener, James F. Thompson, John misstoners apD. Crafton, and John B. Knight, be and they are hereby appointed additional commissioners for Christian county, to act in conjunction with those already appointed by said act, and approved December 12, 1850.

Approved February 27, 1851.

CHAPTER 338.

AN ACT to change the place of voting from Mason Gardner's to John F.
Blandford's, in Marion county.

Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That, from and after the passage of this act,
the election precinct to be held at the house of Mason Gard-
ner, in Marion county, by virtue of an act of the general
assembly, approved December 12, 1850, providing for the
districting of the several counties into justices' and con-
stables' districts, be and the same is hereby removed to the
house of John F. Blanford, to be called the Livers' Springs
precinct, and all elections in the district shall hereafter be
held at said precinct, and shall be conducted under the laws
now in force upon the subject of elections.
Approved March 3, 1851.

1851.

In case judge election may be

fails to attend

held.

Who to vote.

CHAPTER 342.

AN ACT to provide for the appointment of Circuit Judges, pro tem. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when any judge of a circuit court in this state shall fail to attend at the time and place fixed by law for holding the court of which he is judge, or, if in attendance, said judge cannot properly preside, it shall be the duty of the clerk of said court to cause an election to be held (at which the practicing attorneys at law in said court alone shall be permitted to vote) for a suitable person to act as judge; and if, in said election, there be a tie between the persons obtaining the highest number of If a tie, Clerk votes, said clerk shall give the casting vote; and the judge, thus chosen, shall act as judge during the absence of the circuit court judge, or in such case or cases as the circuit court judge cannot properly preside, and whose powers, authority, duty, and responsibilities shall be the same as those of the circuit court judge.

to give casting vote.

§ 2. Before any person, selected as aforesaid to act as Pro tem. judge judge, pro tem., shall enter upon the duties of his office, he shall take the same oaths required by the constitution and laws of this state to be taken by circuit court judges.

to take oath.

Compensation.

Duty of clerk.

If judge refus. es to act anoth

er election to be held.

§3. Said judge, pro tem., shall receive, as a compensation for his services, a sum bearing the same proportion to the circuit judge's salary as the time he may serve shall bear to the length of the judicial time in said circuit, and it shall be the duty of the clerk to make a minute of the proceedings on his record book, and certify to the auditor of public accounts the time said judge, pro tem., was engaged in the business of said court, (unless the said judge, pro tem., shall direct the clerk to enter on his record that no compensation is asked for by said judge, pro lem.,) and the auditor shall issue a warrant upon the treasurer for the amount which said judge, pro tem., may be entitled to; which amount shall be deducted out of the salary of the circuit judge by the auditor.

§ 4. If the judge, elected as herein prescribed, shall fail or refuse to act, or cannot properly preside, another election shall be held in the same manner, from time to time, until a suitable person is chosen, who will and can properly preside.

Approved March 3, 1851.

CHAPTER 350.

AN ACT to legalize the appointment of Assessors of Tax, by the County
Court of Daviess, at their February term, 1951.

Whereas, it is represented to this general assembly that Joseph G. Harrison and George C. Sebastian were appointed assessors of tax at the February term of the Daviess

county court, and that said commissioners, or assessors, were appointed without a majority of the justices of Daviess county being present. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act of said county court be, and the same is hereby legalized; and the appointment of said commissioners, and their acts under said appointment, shall be as valid, in all respects, as if they had been appointed by a majority of the justices of said court.

Approved March 3, 1851.

1851.

CHAPTER 360.

AN ACT to regulate the commissions of Sheriffs on the collection of taxes imposed by County Courts, on the ad valorem principle.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That sheriffs shall be allowed to retain, for the collection of taxes imposed by county courts, on the ad valorem principle, the same commission allowed to sheriffs for the collection of the revenue tax: Provided, that this act shall not be construed to repeal any law making a different allowance to sheriffs in such cases.

Approved March 3, 1851.

CHAPTER 361.

AN ACT to amend the Common School laws.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when the proper authorities of any common school district shall have selected a site for a school house, and have commenced its erection; or where the same shall have been erected, or procured for common school purposes; or where a district shall have been established, and a school taught in it under the law, it shall not be lawful for the commissioners for the county, or any of them, to change the site of said school house, or dispose of the building for other purposes than a school, or to divide the district, or alter, or in any way change its boundaries, until after they shall have submitted their propositions to the qualified voters of said common school district, and the same shall have been approved of by a majority of the whole of said voters in the district. And to ascertain this, it shall be the duty of the trustees of said district, when required by said commissioners, to hold an election to take the sense of the voters thereof on the proposition submitted to them; and ten days' notice shall be given of the time and place of holding said election, the result of which shall be entered on the records of said district by them, and certified to the commissioners. The notice of said election shall

When school

house shall have been erected not to be changed unless voted for by majority of

the district.

1851.

be by public advertisement set up at three or more of the
most public places in said district.

Approved March 3, 1851.

Place of voting

ed.

CHAPTER 371.

AN ACT relative to holding elections in certain districts in Owen and
Masou counties.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the place of voting in district No. in Owen chang. 9, for the election of justices of the peace and constable, in Owen county, shall be at the tavern house of Joel T. Garvey, instead of at the storehouse of Jeremiah Garvey, as fixed by the commissioners appointed to divide said county into districts aforesaid, by an act of the General Assembly, approved December 12, 1850.

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§ 2. That the voting place in the town of Sardis, in Mason county, as fixed by the commissioners to divide said county into justices' and constables' districts, under the act aforesaid, may be at the house of Peyton White, or at such other suitable and convenient place, within said town, as may be selected by the judges and sheriff of the elections to be held in said town, which selection the said judges and sheriff are hereby empowered to make.

Approved March 3, 1851.

CHAPTER 378.

AN ACT to change the place of voting in the 4th district, in Cumberland

county.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the voting place in the fourth magistrates' district, in Cumberland county, shall be at the house of Miles Williams, instead of Michael Davidson's, and that all elections for United States officers, and state, county, and district officers shall be held at the house of said Williams.

Approved March 3, 1851.

CHAPTER 379.

AN ACT in relation to Justices' and Constables' districts in Fleming county § 1. Be it enacted by the General Assembly of the CommonTen instead of wealth of Kentucky, That instead of seven, there shall be seven districts. ten districts for the election of justices of the peace and constables in the county of Fleming.

§ 2. That Benjamin Harbeson, Mason Caywood, James Names of com C. Sousley, Joel De Bell, Joseph Secrests, Simpson Riggin,

missioners.

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