Text of Act Creating New
CHAPTER X. An Act for dividing the county of Fayette into two distinct counties. Approved November 12, 1788.
I. BE it enacted by the General Assembly, That from and after the first day of May next, the county of Fayette shall be divided into two distinct counties, that is to say: All that part of the said county lying westward of a line to begin one mile and an half above Todd’s ferry, on Kentucky river; thence a direct line to the eight mile tree on the Leestown road; thence a direct course crossing the North-fork of Elkhorne, four miles on a straight line below William Russel’s; thence the same course continued to the line of Bourbon county; thence with the Bourbon line to the mouth of Licking; thence down the Ohio to the mouth of Kentucky river; thence up the river to the beginning, shall be one distinct county, and called and known by the name of Woodford; and the residue of the said county shall retain the name of Fayette.
II. A court for the said county of Woodford shall be held by the justices thereof on the first Tuesday in every month after such division shall take place, in like manner as is provided by law for other counties, and shall be by their commissions directed.
III. The justices to be named in the commission of the peace for the said county of Woodford, shall meet at the house of Caleb Wallace, esquire, in the said county, upon the first court day after the said division takes 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 center 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.
IV. 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 are by law appointed for other sheriffs.
V. Provided also, and be it further enacted, That it shall be lawful for the sheriff of the said county of Fayette, to collect and make distress for any public dues and officers fees, which shall remain unpaid by the inhabitants thereof at the time the said division.
VI. The court of the said county of Fayette shall have jurisdiction of all actions and suits which shall be depending before them at the time of the said division, and shall try and determine the same, and award execution thereon.
VII. In all future elections of a senator, the said county of Woodford shall be of the same district as the county of Fayette.
REF: Hening’s “The Statutes at Large; Being a Collection of All the Laws of Virginia”,
Vol. XII., 1823, pages 663-665.