CHAP. XXIII. An act for dividing the county of Jef ferson into two distinct counties. Ch. LXII in original. Jefferson ed, and Nel son formed. Court days. I. BE it enacted by the General Assembly. That from and after the first day of January next, the county of county divid 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 Boundaries, 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 centre 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 first 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. 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 may be returned to his office. CHAP. XXIV. An act punishing certain offences injurious to the tranquility of this commonwealth. 1. 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 foederal constitution: [Chap. XLIII in original.] Preamble. Citizens of crimes out surrendered. II. Be it enacted by the General Assembly, That if any citizen or inhabitant of this commonwealth, shall this state, go beyond the limits of the United States, within the committing acknowledged jurisdiction of any civilized nation in of its limits, amity with the United States, shall within the same how apprecommit any crime, for which, in the judgment of the hended and 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 deinand 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. nation or In III. And be it further enacted, That if any citizen of Crimes com this commonwealth, shall go out of the same into the mitted within territory of any christian nation or Indian tribe, in territory of amity with the United States, and shall there commit any christian 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 dian tribe, in amity with U. States, how punish ed When offend. ers may be bound to the good behaviour. to all sheriffs, under-sheriffs, and constables, within soner. 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. 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. VI. And be it further enacted, That this 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, 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. CHAP. XXV. An act for the appointment of trustees for the town of York. [Chap. LXIV in original ] the town of I. WHEREAS it hath been represented to the gen eral assembly, that the inhabitants of the town of York Trustees for experience much inconvenience for the want of trus- York, aptees or directors, occasioned in several instances by the pointed. death of some of the former members, and in other instances by the non-residence, or legal disabilities of others: For remedy whereof, 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 trus✩ tees 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. |