longing to the said Hill, and bounded as follows, viz. Beginning at a stake standing south 67 de grees west, fifteen poles from the westward corner of John Hill's new house; thence south 49 degrees east 67 poles to a stake about ten feet northeast of a beech tree; thence north 41 degrees east 69 poles to a stake; thence north 49 degrees west 41 poles to a stake at the mill-race of said Hill; thence down the said mill-race south 41 degrees west 10 poles to a stake; thence north 49 degrees west 25 poles to a stake; thence south 41 degrees west 59 poles to the beginning, be established a town, according to the plan already laid out by the proprietor, Frederick Hill; whose Plat to be reduty it shall be to have a correct plat thereof re- corded, &c. corded in the clerk's office of the Washington county court, by which plat the boundaries of the lots, and directions, and the width of the streets shall be known; which said town shall be known and called by the name of FREDERICKS BURG. habitants. §2. Be it further enacted, That John Hill, Trustees to George Hill, William Slack, John Cooley, Wil- be elected an liam Clements and William Ingram, be, and nually by inthey are hereby appointed trustees of said town, who shall hold their offices until the first day of March 1819, on which day, and on the same day in every year thereafter, the free male inhabitants of said town, above the age of twenty-one years, shall meet in said town and elect six fit persons for trustees, to serve one year after they shall have been elected. The election shall be conducted by two of the trustees, who shall be ap- dúcted. pointed by the board for that purpose. By whom con 3. Be it further enacted, That the trustees by Their powers this act appointed and their successors in office, and duties. or a majority of them, shall have power to pass such by-laws and rules for the government and regulation of said town, as to them may seem expedient, not contrary to the constitution of this state, or inconsistent with the laws thereof; and they are hereby empowered to lay such fine or fines, not exceeding five dollars, for a breach or breaches of said by-laws, as they shall deem proper; and all fines by them imposed shall be sued ers. for in the name of the board of trustees for the town of Fredericksburg, and be recoverable before any justice of the peace for this commonwealth; and the money so recovered shall be applied to the benefit of said town. 4. Be it further enacted, That the trustees Further pow. of said town, or a majority of them, shall have power to levy a tax upon the inhabitants of said town, not to exceed five dollars annually from cach inhabitant or individual owning lots therein, which money shall be applied to the benefit of To levy and said town; and the trustees shall have power to collect taxes, appoint an assessor and collector. The collector shall, before he enters upon the duties of his of fice, enter into bond with such security as shall be approved by the trustees, conditioned for the faithful performance of the duties of his office. The said collector shall have the same powers to collect and distrain for the taxes of said town, which the sheriffs now possess for the collection of the taxes of this commonwealth, and shall receive the same compensation. When vacancies To fill vacan- shall happen in the board of trustees, by death. resignation or otherwise, such vacancies shall be filled by the board of trustees; and the member or members so added shall continue in office until the succeeding annual election. cies. 5. Be it further enacted, That should the elecTrustees to tions not take place on the day fixed for the annucontinue in al election of trustees, the board shall not for that office till ocause be dissolved, but the incumbents shall remain in office until their successors are elected; and it shall be the duty of the trustees to fix some other day, at as early a period as convenient, on which day two of the members shall attend and hold an election for trustees. thers are elec bed, &c. clerk. § 6. Be it further enacted, That the trustees To appoint a shall appoint a clerk, whose duty it shall be to keep a fair record of their proceedings, and to His duty and publish, by placing up in some public place of said town, the laws and regulations by them enacted for the government thercof; for which he shall receive for his services such compensation as the trustees shall deem reasonable. The trustees by this act appointed, and their successors in office, pay. shall severally, before they enter upon the duties Trustees to thereof, take an oath that they will faithfully dis- take an oath. charge the duties to them committed, without fa vor, affection or partiality, a certificate of which oath shall be filed with the clerk of the board of trustees. And whereas it is also represented to the Recital. present general assembly, that a town has been laid off by the proprietor, John J. Flournoy, at Tanner's Station, in the county of Boone, and that he is desirous that the same should be established by an act of the legislature : trustees ap pointed. $7. Be it therefore enacted, That one hundred Petersburg acres of land, situate at Tanner's Station, in the established,& county of Boone aforesaid, bounded according to a plan already made out by the said John J. Flournoy, the owner of said land, shall be, and the same is hereby established a town, by the name of PETERSBURG; and Jacob Piatt, Benjamin G. Willis, John Alloway, jun. Rufus H. S. Bostwick and Archibald Huston, Esqrs. and their successors in office, are hereby appointed trustees collect taxes, of the said town, who, or a majority of them, shall Their powers 8. Be it further enacted, That a majority of To fill vacan- ΤΟ convey 9. Be it further enacted, That a majority To of the trustees of said town shall convey in fee lots, &c. simple the lots in said town that now are or hereafter may be sold by the said Flournoy, to the purchaser or purchasers respectively, upon a certificate being produced to them, executed by the said Flournoy, authorising the conveyance, and C expressing therein the amount of the consideration, to be inserted in the deed, which shall be as effectual to convey the title as if the conveyance had been made by the said Flournoy, CHAP. CLXXXIII. An ACT for the division of Knox county. 61. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of April next, so much of the county of Knox as is contained in the following Boundary of bounds, to wit: Beginning at the boundary line new county. between this state and the state of Tennessee, due south of the head of the most westwardly fork of Poplar creek; thence northwardly to the head of said creek, so as to leave the dwelling houses of John Tye, George Tye, James Gibson and Joshua Tye in the new county; from thence a direct line to the Cumberland river, to include David Wilson, senr. and Thomas Mahan in the new county; thence with the ridge that divides the waters of Cumberland river from Meadow creek; thence with the ridge that divides the waters of said creek and Flatt creek so as to strike Lyncamp creek at Michael Whitman's old place; thence with the said creek to the mouth thereof; from thence a direct course to the reserved line, and with the reserved line to Big Rockcastle ; thence with Rockcastle to the mouth thereof ; thence with the line of Knox and Pulaski counties to the Tennessee line, and thence with the same to the beginning, shall be one distinct county, called and known by the name of WHITLEY. § 2. The justices of the peace for the county of Whitley shall meet at the dwelling-house of Samuel Cox, on the third Monday in April next; and after taking the necessary oaths of office, and qualifying their sheriff agreeable to the constitu-. tion of the United States and this state, and as required by law, they shall proceed to elect a clerk, to whose permanent appointment it shall be ne County court to meet and appoint a clerk, &c. cessary for a majority of all the justices in commission for said county to concur; but if such majority cannot be obtained in favor of any one, then the court shall appoint a clerk pro tempore. §3. The county court in Whitley county shall Times of hold commence on the third Monday in each month; ing courts. except the months in which the circuit court for Whitley county shall be holden; and the circuit court for Whitley county shall commence on the first Monday subsequent to the fourth Monday in April, July and October, and may, if necessary, continue to sit six days. The county of Whitley shall form a part of the twelfth judicial district; and the circuit judge assigned to that district shall attend and hold the circuit court for Whitley county. 4. The circuit and county courts and justi- Jurisdiction ces of the peace in the county of Knox, from which of the Knox the county of Whitley is taken, shall have juris- courts. diction over all matters instituted prior to the commencement of this act and brought before them, as if this law had not passed. 5. It shall be lawful for the sheriffs, constaSheriffs, &c. bles and collectors in the said county of Knox, to make calfrom which the county of Whitley is taken, to lections. collect all fines and money, and execute all process, writs and executions as the law directs, which were put into their hands previous to the commencement of this act, and account for the same as if this act had not passed. 6. The county court of Knox shall appoint Commissioncommissioners of the tax in Whitley county for ers of tax to be appointed the year one thousand eight hundred and eighteen, who shall do the duty and be governed by the laws regulating commissioners of the tax in this state; and the clerk of Whitley county shall in like manner perform his duty in relation thereto. ed. 7. The county court of Whitley shall, at seat of justheir first or second term to be holden for said tice to be fix county, (a majority of all the justices concurring therein) appoint nine discreet house-keepers who are disinterestedly situated, who shall be commissioners to fix on a place for the permanent seat of justice in said county; but a majority of the whole number of commissioners shall be ne |
