Text of Act Creating New
An ACT for erecting a new County of the Counties of Woodford, Mercer & Shelby. Approved December 7, 1794.
BE it enacted by the General Assembly that from and after the tenth day of May next, all those Parts of the Counties of Woodford, Mercer and Shelby that is included in the following Boundaries, i.e. Beginning at the Scott line where it leaves the south fork of Elkhorn, thence a straight line to strike the Kentucky River and crossing the same one mile above the mouth of Glenns Creek, thence up the Kentucky to the mouth of the Cove Spring branch on the south side thereof, thence up the said Branch to the Cove Spring, Thence west to the Washington line, thence with the same down Salt River to the mouth of Crooked Creek, thence up the main Fork of Crooked Creek to the head thereof thence with the dividing ridge to the Junction of the Forks of Benson, from thence down Benson to where the Old Waggon (sic) Road from Boon’s Old Station to Harrodsburg crosses (at the mouth of the most northernly fork of Benson) thence a direct line to the mouth of Elkhorn, thence down the Kentucky to the mouth thereof, thence up the Ohio to the Scott Line thence with said Line to the Beginning shall be one distinct County called and known by the name of Franklin.
A Court for said county shall be held by the Justices thereof on the third Tuesday in every month after said division shall take place in like manner and provided by law in respect to other counties and as shall be by their commissions directed. The Justices to be named in the commission of the peace for said County of Franklin shall meet in the state house in the Town of Frankfort and county aforesaid, upon the first court day after said Division shall take place, and having taken the Oath prescribed by law, and a sheriff being legally qualified to act, the Justices shall proceed to qualify a Clerk and fix upon a place to hold Courts in said county and Town aforesaid, then the Court shall proceed to erect the public buildings at such Place, and until such Buildings are compleated (sic) shall appoint a place for holding Courts as they may think proper. Provided always that the appointment of a place for erecting of the public buildings and of a Clerk shall not be made unless a majority of the Justices of the Courts of said County concur therein, but such appointment shall be postponed until some court day when a majority shall be present, but the Court may appoint a clerk pro tempore. It shall be lawful for the Sheriffs of Woodford, Mercer and Shelby Counties to collect and make distress for any public dues or officers Fees which shall remain unpaid by the Inhabitants thereof 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 that the Courts of said Counties 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.
And be it further enacted that the Courts of Quarter Sessions for said County shall be held annually in the months of March, May, July and October.
And Whereas great convenience will arise to the Inhabitants of the said County of Franklin residing on the South Side of the Kentucky River if they should be permitted to pass the said river free of expence (sic) and to promote that end, Andrew Holmes, the present possessor of the Ferry and the Devisees of William Stewart deceased, who claims an undivided moiety of the Lands on the South Side of said River at the place of Landing, having consented and covenanted that on certain public days, the said Inhabitants pass the said Ferry free of Expence.
Be it further enacted that on each County Court day, days of holding Courts of Quarter Sessions, days of public Elections and General musters, the Inhabitants of the said county of Franklin on the South side of the said River shall and they are hereby declared to have a Right to pass and repass the said Ferry free of all and every Expence whatever; and if the keeper of the said Ferry should neglect or fail wherein required to ferry over without expence any of the said Inhabitants on any of the aforesaid days, without a reasonable Excuse, for each such neglect or failure, he shall forfeit and pay the sum of three shillings to be recovered by Warrant before any Justice of the Peace of said County with costs by any Person who shall sue for the same.
This Act shall commence and be in force from and after the Tenth day of May next.
Legislation signed by Governor Shelby; Robert Breckinridge, Speaker of the House of Representatives; and John Campbell, Speaker of the Senate, Pro Tem. Legislation originated in the House of Representatives.
REF: Microfilm Roll #2 - Governor Isaac Shelby: Enrolled Bills 1793, 1794 & 1796