Text of Act Creating New
An ACT for forming a new County out of the County of Green. Approved December 14, 1798.
SECTION 1. BE it enacted by the General Assembly, That from and after the first day of July next, all that part of the County of Green included in the following bounds, to wit, Beginning on the Warren line, a west course from the Marrow Bone spring, thence east until it strikes the dividing ridge between the waters of Cumberland and Green river, and with the same to the wagon road leading from Colonel William Casey’s to Burksville at the head of Renicks Creek, thence eastwardly so as to leave the settlement of William Butler junior in Green County, thence to continue such a course as will just leave the settlement of Greasy Creek in Green also, thence east to the Lincoln line, thence south to the State line, and with it to the Warren Line, thence with the Warren line to the Beginning, shall be one distinct County and called and known by the name of Cumberland. But the said County of Cumberland shall not be entitled to a separate representation until the number of free male inhabitants above the age of twenty one years therein contained, shall entitle them to one representative agreeable to the ratio that shall hereafter be established by Law.
SECTION 2. A Court for the said County shall be held by the Justices thereof on the first Tuesday of every month after said division shall take place in like manner as is provided by law with respect to other Counties, and as shall be by their Commissions directed.
SECTION 3. The Justices to be named in the Commission of the Peace for the said County of Cumberland shall meet at the house of Samuel Burks, Esquire, in the said County on the first Tuesday after such division shall take place, and having taken the oaths prescribed by Law, and the Sheriff being legally qualified to act, the Justices shall proceed to appoint and qualify a Clerk, and fix upon a place for holding Courts in the said County, then the Court shall proceed to erect the public buildings in such place and until such buildings are compleated (sic) shall appoint such place for holding Courts as they may think proper. Provided always, the appointment of a place for erecting the public buildings and the appointment of a Clerk shall not be made unless a majority of the Justices of the Court of said County concur therein, and if a majority of the Justices aforesaid are not present, then the appointment of a Clerk shall be postponed until some Court day when a majority thereof shall be present but the said Court may appoint a Clerk pro tempore.
SECTION 4. It shall be lawful for the Sheriff of Green to collect and make distress for any public dues or officers fees which shall remain unpaid by the Inhabitants of the respective County 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 made. And the Court of Green shall have Jurisdiction in all actions or suits in Law or Equity that shall be depending before them at the time of said division and shall try and determine the same, issue process, and award Execution.
SECTION 5. The Court of Quarter Sessions for the said County shall be held annually in the months of August, October, March, and May.
Legislation signed by Governor Garrard; Edmund Bullock, Speaker of the House of Representatives; Alexander S. Bullitt, Speaker of the Senate; and Harry Toulmin, Secretary. Legislation originated in the House of Representatives.
REF: Microfilm Roll #1 - Governor James Garrard: Executive Journal & Enrolled Bills.