Text of Act Creating New
CHAPTER 245. An Act to establish the county of Clinton. Approved February 20, 1836.
SECTION 1. BE it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of April next, all the parts of Cumberland and Wayne counties, within the following boundary, viz: Beginning at the state line, due north from the mouth of Wolf river, and thence a straight line to the plantation of Alexander Smith, including it; thence a straight line to the mouth of Tar coat creek, on Cumberland river; thence up said river to the Russell county line; thence with said line to within one half mile of Beaver creek; thence up Beaver creek, to the mouth of Otter creek; thence up Otter creek, so as not to run nearer than within one half mile of said creeks, to Jacob Citte’s, leaving him in Wayne; thence to the twelve mile post, on the road that leads from Monticello to Stockton’s valley; thence to the Poplar mountain, at Peter H. Stockton’s, leaving him in the new county; thence up said mountain to the top; thence with the top of the mountain to the state line, thence with the same to the beginning, shall be, and the same is hereby erected into one distinct and separate county, to be called and known by the name of Clinton.
SECTION 2. That the county of Clinton shall be entitled to seven justices of the peace, who, after having been commissioned, shall, on the first Monday in April, one thousand eight hundred and thirty-six, meet at the house of Pleasant H. Williams, in said county, and after taking the necessary oaths of office, and qualifying their sheriff, they shall proceed to appoint a clerk, to whose permanent appointment a majority of all the justices in commission in and for said county, shall concur, but if such majority cannot be had in favor of any one, then the court may appoint one pro tem, until a majority of said court shall concur in said appointment.
SECTION 3. That the county and circuit courts of Cumberland and Wayne, and the justices of the peace thereof, shall have jurisdiction in law and equity, in all cases, before this 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.
SECTION 4. That William Wood, John Noland, and John Wade, be, and they are hereby appointed commissioners, who, or a majority 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 and terms thereof, to the county court of said county, at its next session after such purchase and location; and it shall be the duty of said county court to make provision 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 such lots or parcels of ground is reported to them, as aforesaid, proceed to cause a suitable court house and jail, with such other public buildings as they may think necessary or proper, to be erected thereon; and until the public buildings are erected, it shall be the duty of the county court, at the expense of their county, to select and procure some suitable house in said county, 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.
SECTION 5. That the county court of Clinton shall appoint commissioners of tax, for the year one thousand eight hundred and thirty-seven, who shall be governed by the laws which may be in force on that subject.
SECTION 6. That the county of Clinton shall be entitled to not more than four constables, and the county court of said county, as soon as this act takes effect, shall lay off the same into four constables 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.
SECTION 7. That the surveyors of Russell and Adair counties shall be, and they are hereby appointed commissioners, with such assistance as they may deem necessary to employ, to run and mark the boundary lines of said county, who shall be allowed two dollars per day for their services while engaged in the same, and one dollar per day shall be allowed to each of the persons they may engage to assist them, payable out of the county levy of said county; and the commissioners to locate the seat of justice, and to contract for lots of ground for the public buildings, shall in like manner be allowed two dollars per day for their services, payable in the same manner; and the certificates of commissioners and surveyors, of the time and amount of their services, shall be received by the county court as evidence thereof.
SECTION 8. That the county court of said county, shall, in making their county levy, provide for the payment of the claims of said commissioners.
SECTION 9. That the qualified voters in said county, shall vote at all elections held for senators and representatives in the state legislature, for members of congress, and all other officers, in the same manner, and at the same places, 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 Wayne and Cumberland, in the respective parts thereof, as they did before the passage of this act; and the sheriffs of said county of Clinton, shall compare the polls of said elections, as now prescribed by law.
SECTION 10. That the county court of said county shall hold its terms on the third Monday in each and every month, and the circuit court in and for said county, shall hold its terms on the first Mondays in April, July and October, in each and every year, and continue six juridical days at each term, if the business of said court requires it.
SECTION 11. That for the year one thousand eight hundred and thirty-six, the sheriffs of Wayne and Cumberland counties, shall proceed to collect the revenue and county levy in said county, as though this act had never been passed.
SECTION 12. That the county of Clinton shall be, and the same is hereby attached to the eighth judicial district.
REF: “Acts of the Kentucky General Assembly”, 1836, pages 261-264.