1852.

Kenton.

Carroll.

Henry.

Grant.

Owen.

Gallatin.

Boone.

Oldham.

Trimble.

mentioned, and be held in each for the following number of juridical days, if the business require it, viz :

In the county of Kenton, at Covington, on the first Mondays in March and October, and continue each eighteen juridical days; and at Independence, on the second Monday in June and on the first Monday in December, and continue each six juridical days.

In the county of Carroll, on the fourth Mondays in March. and August, and continue each six juridical days.

In the county of Henry, on the first Monday in April, and continue twelve juridical days; and on the first Monday in September, and continue six juridical days.

In the county of Grant, on the third Monday in April, and continue six juridical days; and on the second Monday in September, and continue twelve juridical days.

In the county of Owen, on the first Monday in May, and continue twelve juridical days; and on the second Monday in November, and continue six juridical days.

In the county of Gallatin, on the fourth Mondays in April and September, and continue each six juridical days. In the county of Boone, on the third Monday in May, and the fourth Monday in October, and continue each twelve juridical days.

In the county Oldham, on the first Monday in June, and on the third Monday in November, and continue each six juridical days.

In the county of Trimble, on the third Monday in June, and on the fourth Monday in November, and continue each six juridical days.

§2. There shall be held in the county of Kenton, at Chancery and Covington, a chancery and criminal term, to commence on criminal term in the first Monday in July, and continue twelve juridical days.

Kenton

returnable there

3. Any and all process issued, or to be issued, and All process to be made returnable to any other terms, or at any other times than those named in this act, shall be and are hereby made returnable to the terms and at the times named in this act.

to.

Approved January 3, 1852.

money.

CHAPTER 294.

AN ACT for the benefit of Common School Districts in this Common

wealth.

§ 1. Be it enacted by the General Assembly of the CommonPower to draw wealth of Kentucky, That, the commissioners and trustees of common schools shall be and they are hereby allowed to draw from the public treasury, on all reports from their respective school districts for the year 1850 and 1851, which shall have come to the hands of the superintendent

of public instruction by the first day of March, 1852, the same sums of money that they could have drawn had said reports been returned in the time required by law.

1852.

Commissioners, when to make

§ 2. That the commissioners and trustees for all common school districts, in which district schools were for the first report. time organized in the year 1851, according to law, and in which schools were taught according to law for three months before the end of said year, be and they are hereby allowed until the first day of April, 1852, to return their reports; and if said reports shall in other respects comply with the requisitions of the law, they shall entitle the districts from which they are made to the same sums of money to which they would have been respectively entitled, had they been returned in time; and the superintendent of public instruction shall cause the same to be paid according to and in conformity to law.

Approved January 3, 1852.

CHAPTER 325.

AN ACT to establish the County of Powell.

§ 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the 2nd Monday in May, eighteen hundred and fifty-two, all those parts of Montgomery, Clarke, and Estill counties within the following boundaries, to-wit: beginning at the point where the division line of the counties of Owsley and Morgan intersect the line of Montgomery county; thence with the Morgan and Montgomery line to the Montgomery and Bath line; thence with the Bath and Montgomery line to the top of the dividing ridge between the waters of Red river and Slate creek; thence with the top of said ridge or mountain to the point where the road leading from French's mill to Mountsterling crosses the mountain, which point is known as Morris' mountain; thence in a straight line to a point on the south-east branch of Lulbegrud creek, in the county of Clarke, opposite the mouth of the Oil Spring branch; thence down said creek of Lulbegrud to its mouth; thence up Red river to a point at or near the mouth of Black creek; thence in a straight line, so as to leave the residence of Andrew Lowell, in Estill county, to a point on the top of the ridge that divides the waters of Red river from those of the Kentucky, where the Montgomery and Estill lines there intersect; thence with said ridge to the intersection of the Montgomery, Estill, and Owsley lines; and thence with the Montgomery and Owsley lines to the beginning; shall be and the same is hereby stricken from said counties, and erected into one district county, to be called Powell, in honor of Kentucky's present executive, Lazarus W. Powell.

§ 2. That the county of Powell shall be laid off into four

Powell county established.

Boundary.

Name,

1852.

Justices

dis

tricts and elec.

tion precincts to

be laid off by

commissioners.

Certified copies of boundaries,

theni.

Commissioners cers of election.

designate offi

districts for justices of the peace and constables; which districts shall also be election precincts. John Hardwick, Arthur Welch, Madison Stewart, Thomas White, Mcllberry Daniel, David Tate, Paul J. Evans, and Jonas Falkner are appointed commissioners, who, after taking an oath faithfully and impartially to discharge their duties as such, shall lay off said districts and precincts, and designate the place of voting in each one. A majority of the commissioners may act. They shall meet at the house of John Hardwick, on the 2nd Monday in March next, or as soon thereafter as may be, and proceed to the duties imposed on them by this act. They may adjourn from time to time, and place to place, until through. They shall lodge a certified copy of the boundaries of said districts and precincts in the hands of Thomas White, whose duty it shall be to hold what to do with it in safe keeping until there shall be an election of a county court clerk for said county of Powell, and then he shall deliver it to said clerk, who shall file and record it in his office; and they shall forthwith transmit another certified copy to the office of the secretary of state, directed to that officer, who shall carefully preserve the same in his office. They shall also designate in each of said districts two suitable persons to act as judges, and one in each to act as clerk, and one to act as sheriff of the election of a circuit court clerk, a county court clerk, a sheriff, an assessor, a surveyor, jailer, coroner, a presiding judge of the county court, a county attorney, and two justices of the peace, and one constable for each district, for said county, which Election, when election shall be held on the 2d Monday in May, eighteen hundred and fifty-two. Before entering on their duties respectively, each judge, sheriff, and clerk of the election, so designated, shall take an oath faithfully and impartially to discharge the duties imposed on them by this act. Those Polls, how com- who may act as sheriffs aforesaid, shall meet at the house of John Hardwick on the third day after said election, and, after carefully comparing the polls, shall sign two certificates of the election, designating the name of each person having the highest number of votes, and the office to which he is elected, one of which shall be lodged in the hands of Thomas White, who shall cause it to be recorded in the county court clerk's office of Powell, and the other they shall forthwith transmit to the office of the secretary of state, to him directed, where it shall be carefully preserved, whose duty it shall be forthwith to cause commissions to be issued to those persons named in the certificate, to each for the office to which he shall have been elected.

Who to be elected.

held.

pared.

Officers to take oath, and some

to execute bond.

§3. Each of said officers shall take an oath, and, where by law required, shall execute a bond according to existing laws in reference to similar officers; and thereupon, their official acts shall be obligatory to all intents and purposes, if done in accordance with the laws of this state. They

shall hold their respective offices until the next regular election of like officers, and until their successors are elected and qualified.

§ 4. That the counties of Montgomery, Clarke, and Estill, before this act takes effect, shall have jurisdiction in all things as though this act had never passed.

§ 5. That the presiding judge of the county court, and the justices of the peace of said county of Powell, a majority of all the justices being present, shall be and they are hereby authorized and required to make a suitable selection of lots or parcels of ground, and purchase the same, in said county, for the erection of public buildings for the seat of justice of said county; or if they prefer it, the said county court may select three, five, or more commissioners to purchase said lots or parcels of ground, under such restrictions as they may impose; and it shall be the duty of said county court to make provision for the payment of the purchase money of said lots or parcels of ground, and cause a suitable courthouse, jail, and such other public buildings as they may think fit, to be erected at the expense of the county; and until such buildings are erected, it shall be their duty to provide some suitable place for holding the county and circuit courts of said county, clerks' offices, and other necessary buildings; this also to be done at the expense of said county. The means for these public conveniences may be raised by a capitation or ad valorem tax, or both, on all those persons in said county subject to taxation for county or revenue purposes: Provided, that such tax shall not exceed, in any one year, more than one dollar and a half on the head, and fifteen cents on each hundred dollars worth of property in said county subject to taxation for county or state revenue.

1852.

Jurisdiction in old counties till when.

Presiding judge provide public

and justices to

buildings.

How paid for.

Tax not to ex⚫ ceed so much.

run.

How paid.

§ 6. That Thomas Hart be and he is hereby appointed Lines, by whom commissioner, with such assistants as he may deem necessary to employ, to run and mark the boundary lines of said county of Powell, who shall be allowed three dollars per day for his services whilst engaged, and two dollars per day shall be allowed each of the persons he may engage to assist him, payable out of the county levy of said county of Powell, the county court of said county having power to provide for their payment, as specified in the foregoing section.

Where to vote in congressional

§ 7. That the said county of Powell shall vote, at elections for members of congress, with the ninth congressional elections &c. district; for senator in the state legislature, with the thirtythird senatorial district, and for members of the house of representatives, with the county of Montgomery; and the sheriffs of said counties, in all elections, shall compare the polls of said counties as now prescribed by law.

when held.

8. That the county court of said county of Powell Terms of court, shall hold its monthly sessions on the third Monday in every

1852.

month, and its quarterly sessions on the third Mondays in January, April, July, and October. The terms of its circuit courts shall be held on the fourth Mondays in February and August in each year, by the judge of the tenth circuit court district, to which district it is hereby attached. Approved January 7, 1852.

1, 1852.

CHAPTER 358.

AN ACT to adopt the Revised Statutes.

§ 1. Be it enacted by the General Assembly of the CommonTake effect July wealth of Kentucky, That the following chapters of the revised statutes of this commonwealth be adopted, and become the law of the land, and take effect on the first of July, 1852.

statutes repeal.

ed.

2. That all statutes of a general nature, whether of Other general this state, of Virginia, or of England, adopted prior to the first of November, 1851, other than the revised statutes adopted at the last session of the General Assembly, shall stand repealed when the revised statutes take effect, except as follows:

Exceptions.

Vacant lands.

asylumns, &c.

1. All statutes of Virginia or this state in relation to former appropriation of the vacant lands of the commonwealth.

2. All statutes of mere local relation to any county, city, Counties, cities, or town, or relating to the powers, privileges, or franchise of any corporation, and all statutes in relation to the deaf and dumb asylum at Danville, and the institution for the education of the blind at Louisville.

3. All statutes in relation to the Louisville chancery Certain courts. Court, Jefferson county court, or any city, town, or police court, or the officers thereof; and all statutes prescribing the terms of courts; also, the act abolishing the general court.

tice.

4. The code of practice in civil cases adopted at the last Code of Prac session of the general assembly, so far as the same is consistent with the revised statutes. The provisions of such code, inconsistent with the revised statutes, are repealed. 5. The statutes regulating proceedings in civil, criminal, Civil, penal, and penal cases, not repealed by the code of practice or the

and cases.

effect.

criminal

revised statutes.

§ 3. Such repeal shall not affect any offense or act comNo retro active mitted or done, or any penalty or forfeiture incurred, or any right established, accrued or accruing before the revised statutes take effect; or any prosecution, suit or proceeding that may be pending, except that the proceedings hereafter shall conform, as far as practicable, to the revised statutes, and except that where any penalty, forfeiture, or punishment is mitigated by those statutes, they may be applied, with the consent of the party to be affected, to any judgment thereafter pronounced.