1842 Spencer coun SEC. 2. That the county of Spencer is hereby added to the fifth Judicial district, and hereafter the terms of the Spencer ty added to the Circuit Court shall commence on the third Mondays in April, fifth Judicial July and October, in each year, and shall continue two weeks at each term, if the business shall require it; and the processes and recognizances to the first term of the Spencer Circuit and how long Court shall be returnable to the April term, instead of the May term of said Court. district. Terms, when to commence to continue. Approved, January 22, 1842. Comm'rs deed CHAPTER 82. AN ACT for the recording of Commissioners' Deeds in the County Court Clerks offices. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, deeds made by Commissioners, in virtue of decrees or orders of the Circuit Courts, shall not be recorded in the Clerks offices thereof; but such deeds shall be recorded in the Clerks offices of the County to be recorded Courts, in like manner, as other deeds, upon certificates of the in the County Clerks of the Circuit Courts, showing the acknowledgment thereof by the grantor, or proof of their execution by the oaths of two subscribing witnesses, in open Court, which certificates shall also be recorded in said County Court Clerks offices. Court office. How proven. SEC. 2. Be it further enacted, That the Clerks of the sevCounty Court eral County Courts of this Commonwealth shall alphabet all Clerks, how to conveyances hereafter recorded in their respective offices, by alphabet con- making entries in the name of each of the grantors, transposing the same so that each name may first appear in said entries. yeyances. Approved, January 22, 1842. CHAPTER 92. AN ACT to amend an act, entitled, an act to reduce into one the several acts respecting slaves, free negroes, mulattoes and Indians, approved February 8, 1798. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the several County Courts of this Commonwealth, before granting certificates of freedom to any slave or slaves, emancipated according to the existing laws of this Commonwealth, shall demand bond and sufficient security, to provide that said slave or slaves shall not become chargeable to any county in this Commonwealth. Approved, January 25, 1842. CHAPTER 93. AN ACT to amend an act, entitled, an act authorizing the several County Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all persons who may hereafter apply to any County Court of this Commonwealth for leave to erect a gate across any road in any of said counties, shall give notice of the same at least thirty days previous to such application, at the court house, in the county where such application is made, and at three other public places in the neighborhood of the road where said gates are proposed to be erected. SEC. 2. Be it further enacted, That all persons that may hereafter apply to the General Assembly of this Commonwealth for leave to erect a gate across any road in any county in this Commonwealth, shall, previous to such application, give notice of the same as above directed. Approved, January 25, 1842. 1842. CHAPTER 96. AN ACT declaring copies of foreign wills, recorded in the County Courts of this Be it enacted by the General Assembly of the Commonwealth of Kentucky, That where any last will and testament, containing a devise of land or any other estate in this Commmonwealth, shall have been, or may hereafter be, proved and admitted to record by the proper Court of any of the United States, or a foreign country, where the testator last resided, that it shall and may be lawful for any person or persons interested in the lands or other property devised in such will, to cause the same, or a copy thereof, to be recorded in the Clerk's office of the County Court of the County in which said lands, or any other property, or any part thereof, may be, in this State: Provided, that such will, or a copy thereof, shall be certified by the Clerk, if there be one, if not, by the Judge of the Court of Probate, under the seal of the said Court: any will, or copy thereof, so proved and recorded, or which may heretofore have been so proved and recorded, shall be evidence in all Courts in this Commonwealth, and have the same effect as if it had been proved and recorded in the Clerk's office of the Court of Appeals, as prescribed by an act to amend the act to reduce into one the several acts concerning wills, &c., and to repeal in part and amend the act, entitled "an act to amend the several acts regulating conveyances," approved" December 13, 1820. Approved, January 25, 1842. 1842 CHAPTER 97. AN ACT to establish the County of Crittenden, and for other purposes. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of April, in the year eighteen hundred and forty-two, all that part of the county of Livingston within the following bounds, to-wit: beginning on the Ohio river at the mouth of Deer Boundary. creek, thence on a straight line to Presley Gray's large spring, thence a direct line to Pucket's big spring, thence down the branch of said spring to Claylick creek, thence down said creek to Cumberland river, thence up Cumberland river to the mouth of Livingston creek, thence with the Caldwell county line to Tradewater river, thence down Tradewater river to its mouth, and thence down the Ohio river to the beginning, including all the islands in said river Ohio opposite to said boundary, shall be, and the same is hereby, made and erected into a county to be known and called by the name of Crittenden. SEC. 2. That Thomas J. Flournoy of Caldwell county, Com'rs to lo- Frederick D. Word of Hopkins county, Robert N. Lewis of cate the seat of Hickman county, Robert T. Leiper of Caldwell county, and justice. James Gholson of Christian county, shall be, and are hereby, appointed Commissioners; who, or a majority of whom, shall meet at the dwelling house of James Cruce, Esq., on the first Monday of April next, or as soon thereafter as they shall agree upon, and after being first duly sworn before some Justice of the Peace, faithfully and impartially to locate the seat of Justice for said county at some suitable place, not to exceed two and one-half miles from the territorial centre of said county. Courts to be held. Number of SEC. 3. That the County and Circuit Courts for said county shall be had and holden at the house of Samuel Ashley, until suitable public buildings are erected at the seat of justice for said county. SEC. 4. That the county of Crittenden shall be entitled to ten Justices of the Peace, who, after being commissioned, justices, & they shall convene on the first Monday in April next, and having to appoint cl'k. themselves first taken the oaths of office according to law, and qualifying the Sheriff to be appointed for said county, they shall appoint a Clerk for the County Court of said county. SEC. 5. That the county of Crittenden shall appoint ComShall appoint missioners of Tax for the year one thousand eight hundred com'rs of tax and forty two, who shall, in relation to all their duties, be goand lay county verned by the laws of this State now in force; and said Court levy. shall have authority to fix their county levy at such sum as they shall deem necessary to enable them to erect public buildings, provided the same shall not exceed one dollar and fifty cents upon each tythe. SEC. 6. That all legal proceedings instituted before the tribunals of Livingston county, shall be prosecuted to final judgment and execution as though this act had not passed. 1842 Seat of jus tice of Livingston shall be at SEC. 7. That from and after the first day of September next the seat of justice of Livingston county shall be at the town of Smithland in said county, and that the several Courts of said county shall be held at Salem, the present seat of justice for said county, until the first day of September next; af- Smithland. ter which time the several Courts for said county shall be held in the town of Smithland, in said county. SEC. 8. That the Clerks of the County and Circuit Courts of Livingston county shall remove, or cause to be removed, all records, books, furniture and papers appertaining or in any wise belonging to their respective offices, from Salem, the present seat of justice, to the town of Smithland, in said county, on or before the first day of September next, and have the same deposited in such office or offices as may be prepared by the County Court of said county. SEC. 9. That the County Court of said county of Livingston shall, at the next April term of said Court, proceed to fix the county levy at such sum as they may deem necessary for the immediate erection of the necessary public buildings in said town of Smithland, provided they shall not exceed the sum of one dollar and fifty cents on each tythe. SEC. 10. That the Commissioners appointed by this act to select a site for the seat of justice for said county of Crittenden shall be, and they are hereby, authorized to receive donations in land on which to locate the seat of justice, and when fixed on, to cause a deed to be executed therefor to the County Court of said county, and also donations for the purpose of defraying the expenses of public grounds and buildings. The County Court of said county shall proceed, immediately after said Commissioners shall have selected a site for the seat of justice for said county of Crittenden, to lay off a town, designating in a proper manner the metes and bounds of the same. SEC. 11. That the said county of Crittenden shall be entitled to all the immunities and privileges that are now enjoyed by other counties of this Commonwealth, under such general laws as provide for the appointment of officers, and the muni cipal regulations of the same. Approved, January 26, 1842. Clerks to re move the pa pers, and when. County court of Livingston to lay county levy. Com'rs may receive dona tions of land, &c., to erect public ings. build County court to lay off a town. CHAPTER 106. AN ACT for the benefit of the President, Managers and Company of the Lex.. ington, Harrodsburg and Perryville Turnpike road Company. WHEREAS, it is represented to the present General Assembly, [by said Company,] that there is about nine miles and onehalf of said road yet to be completed, and that they have exhausted all the subscriptions for stock that are available, already on said road, and that they are unable to make any further provisions for the completion of the same-wherefore, 1842 may lease out the road. terms. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentncky, That it shall be lawful for the PresiPresident &c. dent, Managers and Company of the Lexington, Harrodsburg and Perryville Turnpike road Company to lease out said road for a term of years, to any person or persons who, upon their part, shall agree and contract with said Company, that for and in consideration of the tolls to be derived from said road, Upon what during the term for which it may be leased, that he or they will complete and finish the balance of said road yet to be completed and finished, at the rate of at least one mile for each consecutive year after the making of said contract until the whole is completed, or faster if the Contractor or Contractors may think proper so to do; and that he or they shall also agree and contract with said Company to keep said road in good repair, and always open for travel and transportation thereon during the term of the lease, and shall deliver the same, with all its fixtures, in good repair to said Company at the expiration of the term; and with a view more effectually to secure the objects of this act, said Company may impose any other obligations on said Contractors in said contract that they may deem right and proper: Provided, nevertheless, that said Contractor or Contractors shall be bound in said contract to said Company in a suitable penalty, to be fixed by them for the performance, on their part, of said contract, and shall give good and sufficient security for the same, to be approved of by said Company. Co. may impose additional obligations &c. of Contract to be submitted to and receive the approval of the Board of Int. Imp. or other superintendent. When con collected. SEC. 2. That before said contract shall be considered as complete and binding between the parties, the same shall be submitted to, and receive the approval of, the Board of Internal Improvement, or of such other person or persons as shall be acting under the authority of the State as Superintendent of Public Works at the time said contract is entered into. SEC. 3. That said Contractor or Contractors shall have the right of setting up any additional gate or gates on said road, tractor may set so soon as they shall have completed additional road sufficient up gate or gates to authorize the same, agreeably to the charter of the CompaTolls to be ny, and shall collect such tolls thereon as is authorized by said charter; and shall also have the right to use the corporate name of the Company for the purpose of instituting suits to enforce all the rights and privileges conferred on said Company by said charter, for the term of said lease, provided that nothing herein contained shall confer on said Contractor or Contractors greater rights and privileges than the said Company is entitled to under the original charter. May use the corporate name of company. SEC. 4. Be it further enacted, That before the Company President &c. shall avail itself of the provisions of this act, the President to call meeting and Managers thereof shall call a meeting of the stockholders of stockholders. thereof, upon due notice, and if a majority of all the stockMajority may elect to receive holders of said Company shall elect to receive the benefit of the benefit of the provisions of this act, at said meeting, that election shall be entered of record on the books of the Company, and the this act. |