1838. law, sue out a writ of error with a supersedeas without an or der from an appellate Judge. SEC. 4. That no supersedeas shall be granted in court, and the Judges shall not be bound to grant or refuse them out of court. SEC. 5. That a motion to submit a cause, as a delay case, Rule as to shall not be made at the term the case stands for hearing, and delay cases. the court may refuse to take the submission of a cause, as a delay case, without a brief: Provided, That nothing herein shall be so construed as to prevent the court from having a recess at any time. lished. SEC. 6. That the Court of Appeals shall cause the Reporter Decisions of the Decisions to have the opinions, delivered at one term, when to be pub- printed by the commencement of the succeeding term; but they may authorize the opinions of two terms to be bound in one volume; and it shall be the duty of the Reporter to print all the cases in which petitions for a re-hearing shall be filed, and print the petitions with the decisions. Approved February 8, 1838. CHAP. 756--AN ACT to establish a precinct at the house of Peggy Craig, in Knox County, and one at the house of Samuel Woolum, in the County of Harlan. SEC. 1. Be it enacted by the General Assembly of the CommonElection pre- wealth of Kentucky, That an election Precinct be and the cinct in Knox. same is hereby established at the house of Peggy Craig, on Yellow creek in the county of Knox, includiug all the waters of Yellow creek, in Knox county, and those voters who reside nearer to said creek than to the waters of Clear creek. lan. SEC. 2. Be it further enacted, That an election Precinct be Also, in Har- and the same is hereby established in the county of Harlan, at the house of Samuel Woolum, on Straight creek, to be bounded by the Pine mountain on the south and the Harlan county line on the west, north and east. Approved February 8, 1838. CHAP. 757-AN ACT to amend an act to regulate the Fayette and Scott SEC. 1. Be it enacted by the General Assembly of the ComCourts of monwealth of Kentucky, That, hereafter, the February term Fayette, when of the Fayette Circuit Court shall commence on the second to be held. Monday in February, and continue in session, if necessary, until the first Monday in March; that the March and September terms shall continue in session, if necessary, until the second Monday in April and October; and that an additional term shall be held, commencing on the last Monday in No vember, for the trial of summons and petitions, actions of debt, and chancery business, and to continue in session for one week. 1838. Judge may SEC. 2. That the Judge of the Fayette Circuit Court shall have power to postpone, at any term, the Commonwealth's postpone pleas. docket to a special term, to be appointed and held by him for that purpose, all laws to the contrary notwithstanding. This act shall take effect from and after the first day of March next. Approved February 8, 1838. When act to take effect. CHAP. 758-AN ACT for the relief of Jesse Wammack, of Adair County. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That if the County Court of Adair county shall be of opinion that Jesse Wammack, of said county, by reason of personal debility, is incapable of procuring a livelihood, they shall, from time to time, apply to his support and main- . tenance, out of the county levy of said county, twenty five dollars per annum, or at that rate, without causing said Wammack to be kept in the poor house of said county. Approved February 8, 1838. CHAP. 759-AN ACT to authorize changes of venue from the Louisville Chancery Court to the Jefferson Circuit Court, and for other purposes. may SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all causes which may hereafter be removed, by change of venue, from the Louisville Chancery ved. Court, in the manner and form now provided by law; and all causes depending, or to be brought, in the said court, and which the Judge of the said court shall, for any reason, decline to hear and determine, shall be removed to the Jefferson Circuit Court, unless the cause of objection shall apply as well to the Jefferson Circuit Court, as to the Louisville Chancery Court. SEC. 2. That the Judge of the Jefferson Circuit Court be vested with full power and jurisdiction to hear and determine all such suits, in chancery, as may be removed to the said court from the Louisville Chancery Court, under the provisions of this act, and may make all necessary and proper orders and decrees to carry his decision into full effect. SEC. 3. That appeals and writs of error from the judgments and decrees of the Jefferson Circuit Court, in causes removed to the said court, shall lie to the Court of Appeals in the same mode and manner, and under the same rules and regulations, that appeals and writs of error lie to the judgments and decrees of the Circuit Courts in other causes. How cause be remo Circuit court vested with jurisdiction. Appeals, &c. may be taken in causes remo ved. 1838. ers of Police court. SEC. 4. That the Clerk of the Police Court of Louisville shall have power and authority to issue the necessary and Further pow- proper mesne and final process, in all cases cognizable before said court; and the Marshal of the city of Louisville shall have power and authority to take bail, under any process which he may have executed, and when, by law, the party is entitled to bail; and the City Attorney of Louisville shall be entitled to the same fees that a Commonwealth's Attorney is entitled to for similar services; and the enactment of the amendments to the charter of the city of Louisville shall not deprive the said Attorney of any compensation he would have otherwise been entitled to; and he shall be entitled to the fee authorized by law for prosecuting persons to conviction for retailing spirituous and other liquors without licence. And, hereafter, the Power of County Court of Jefferson shall not have power and authority city court to to establish ferries within the limits of the city of Louisville, grant ferries vested in mayand the power and authority shall be vested in the Mayor or, &c. and Council of the city of Louisville. Approved February 9, 1838. Boundary. CHAP. 760-AN ACT to establish the County of Carter. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of May, 1838, all those parts of Greenup and Lawrence cour ties, contained in the following bounds, to-wit: beginning at the line of Lawrence county on Big Sandy at the mouth of Savage creek; thence with the division line between Lawrence and Greenup county to the point where said line crosses the east fork of Little Sandy; thence a straight line, crossing Little Sandy, to the top of the dividing ridge between Crane creek and the waters south of it; thence with said dividing. ridge to the head of Crane creek; thence a straight line to the mouth of the Buffaloe Fork of Tigert's creek; thence up said fork to the mouth of Grassy creek; thence up Grassy creek to its head; thence a straight line to the Lewis line; thence with the Lewis line to the Fleming line; thence with the Fleming line to the Morgan line; thence with the Morgan line to where it crosses Little Sandy river; thence with Little Sandy river to Newcomb's fork; thence up Newcomb's fork to the first large branch on the east side of said fork; thence up said branch to the head thereof; thence a straight line to the fork of the Little fork of Little Sandy, above the foot of the dry ridge; thence up Luster spring branch, with the old trace, to the head of the Lick branch of the dry fork; thence down said branch to the mouth; thence, crossing dry fork, to the county road; thence with the county road to the mouth of Bells' Trace Fork; thence up said fork to the first big branch, on the north side thereof, above Jesse Kizee's; thence up said 1838. Number of branch to the head thereof; thence with the divide between ment. their duty. and Courts of Law rence & Greenup to have ju SEC. 3. That the County and Circuit Courts of Greenup and Lawrence, and the Justices of the Peace thereof, shall have jurisdiction, in law and equity, in all cases, before this risdiction. act takes effect, in the respective parts of said counties in which such cases may arise; and it shall be lawful for the Sheriffs, Constables, and Collectors, in said counties, to collect all money and execute all process as the law directs, which may be in their hands at the time this act takes effect, and account for the same according to law. Commission to select SEC. 4. That Daniel Morgan, Franklin A. Andrews, of Fleming county, Edmund Wells of Morgan county, be and ers they are hereby appointed Commissioners, who, or a majority county seat. of them, are hereby authorized and required to make a suitable selection, and purchase of lots, or parcels of ground, in said county for the erection of public buildings for the seat of justice, and shall make report of their purchase and the price Duty of counand terms thereof, to the County Court of said county at its. ty court. next session after such purchase and location; and it shall be the duty of the County Court to make provisions for the payment of the purchase money, to be paid for said lot, or parcels of ground, according to the terms of the purchase; and the said County Court shall, as soon as may be after the purchase of said lots, or parcels of land, is reported to them, as aforesaid, proceed to cause a suitable court house and jail, with such other public buildings as they may think proper and necessary, to be erected thereon; and until the public buildings are erected thereon, it shall be the duty of the County Court, at the expense of their county, to procure some suitable house, in which the sessions of the County and Circuit Courts, in and for said county may be held, until the court house shall be completed and prepared for that purpose. SEC. 5. That the County Court shall appoint Commissioners of tax for the year one thousand eight hundred and thirty Commissioners of tax, 1838. constables. eight, who shall be governed by the laws which may be in force on that subject. SEC. 6. That the county of Carter shall not be entitled to Number of more than five Constables, and the County Court of said county, as soon as this act takes effect, shall lay off the same into five Constable's districts; and in the appointment of Constables, and all other county officers, shall be governed by the general law now in force on those subjects. How county tions. SEC. 7. That the County Court of said county shall, in making their county levy, provide for the payment of the claims of the Commissioners appointed as aforesaid. SEC. 8. That the qualified voters in said county shall vote, at all elections held for Senators and Representatives in the to vote at elec- State Legislature, for members of Congress, and all other officers, in the same manner and at the same place in said county, they now do, and also at the seat of justice in said county when the same shall be established; and the said county, in the said elections, shall vote for Senator and Representatives with the counties of Greenup and Lawrence, in the respective parts thereof, as they did before the passage of this act, until the next apportionment of the representation of this Commonwealth; and the Sheriffs of said county of Carter, shall compare the polls of said elections as now prescribed by law. to be held. SEC. 9. That the County Court of said county shall hold When courts its terms on the first Monday in each and every month, and the Circuit Court, in and for said county, shall hold its terms on the second Mondays in April, July and October, in each and every year, and continue six juridical days at each term, if the business of the court shall require it. SEC. 10. That for the year one thousand eight hundred and thirty seven, the Sheriffs of Greenup and Lawrence shall proceed to collect the revenue and county levy in said county, as though this act had never passed. SEC. 11. That the county of Carter shall be and the same is hereby attached to the first Judicial District. Approved February 9, 1838. CHAP. 761-AN ACT for the benefit of Mary Armstrong and her children. WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that in the year 1826, William Creekman conveyed to Henry Miller, of Logan county, in trust for Mary Armstrong, and for her use and benefit during her life, and at her death in fee to her children, a certain house and lot in the town of Russellville, and the said house is now in a state of delapidation and unprofitable to said Mary Armstrong, and will likely be worthless to her children at her death -therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That said Henry Miller, Mary Armstrong, and |