Text of Act Creating New
CHAPTER CCLXXXVIII. An ACT for the erection of a new County out of the Counties of Pulaski and Cumberland. Approved December 18, 1800.
SECTION l. BE it enacted by the general assembly, That from and after the first day of March next, all that part of the counties of Pulaski and Cumberland, included within the following bounds, that is to say—beginning at the mouth of Indian creek, on the Cumberland river, and running up the same by Sanduskie’s cabin, to the road that leads from Capt. Thomas Johnston’s to Major Alexander M’Farland’s, on Indian creek; thence to the top of the Poplar mountain; thence with the same until it intersects the state line; thence east with said line so far that a north line will strike the mouth of Rock creek, on the main south fork of Cumberland river; thence down the same to main Cumberland river; thence down the same to main Cumberland river; thence down the same to the beginning, shall be one distinct county, and called and known by the name of WAYNE.
SECTION 2. After the said division shall take place, the courts of the said county of Wayne shall be held on the third Monday in every month; and the courts of quarter-sessions for the said county shall be held in the months of May, August, October and December, in every year, in such manner as is provided by law in respect to other counties within this commonwealth.
SECTION 3. The justices to be named in the commission of the peace for the said county of Wayne, shall meet at the house of Henry Garner, in the said county, on the first court day after the said division shall take place, and having taken the oath prescribed by law, and a sheriff being duly qualified, the court shall proceed to appoint and qualify their clerk, and fix upon a place for the seat of justice for the said county, and proceed to erect the public buildings at such place; Provided always, that the place for the permanent seat of justice shall not be fixed, nor a clerk be appointed (except pro tempore), unless a majority of the justices of the court for which the clerk is to be appointed, concur; but shall be postponed until such majority can be had.
SECTION 4. It shall be lawful for the sheriff of Pulaski and Cumberland to make distress for any public dues, or officers’ fees unpaid by the inhabitants within the bounds of Wayne at the time such division shall take place, and shall be accountable for the same in like manner as if this act had not been passed.
SECTION 5. The courts of the said counties of Pulaski and Cumberland, shall have jurisdiction in all actions and suits depending therein at the time of such division, and shall try and determine the same, issue process and award execution thereon.
SECTION 6. And be it further enacted, That the inhabitants of the said county of Wayne, shall proceed to vote for and choose a representative at the court-house of Pulaski county, until they shall be entitled to a separate representation agreeably to the ratio heretofore fixed by law, any custom or usage to the contrary notwithstanding.
This act shall commence and be in force from and after the first day of March next.
REF: Littell’s “The Statute Law of Kentucky”, Vol. II, 1810, pages 392-393.