Bath When courts to be held where and to meet Clerk Commission ers to fix seat of justice at the upper end of Alexander M'Intire's farm; on which Original Young now lives, leaving James H. Lane's house in the old county; thence to Stepstone creek, one and a half miles above the mouth, including Books' farm; thence a straight line, to the waters of Little Slate creek, so as to include Jouitt's farm in the new county; thence a direct line, to where the Slate road crosses Black water creek; thence down Black water, to the mouth; thence down Licking, to the Nicholas county line; thence along the Nicholas line, to the Bourbon county line; thence along said line, to the beginning, shall be one distinct county, and called and known by the name of BATH. SEC. 2. The courts of the said county of Bath, shall be held on the first Monday in every month, except the months in which circuit courts are held: and the circuit courts shall be held annually, in the months of May, August and November, in such manner as is provided by law, in respect to other counties in this commonwealth. Src. 3. The justices named in the commission of when justices the peace, for the said county of Bath, shall attend at the house of James Young, on Flat creek, on the first court day after said division shall take place; and having taken the oaths prescribed by law, and and appoint the sheriff being duly qualified, the court shall proceed to appoint and qualify their clerk; and that William M'Millan, Duval Payne, James Ray, Thomas Dougherty and David Todd, esqrs. a majority of whom may act, be, and they are hereby appointed commissioners, to fix upon a place for the permanent seat of justice for said county; who shall, in fixing the same, be regulated by a due regard to the centre of population and tillable land: Provided however, a majority of all the justices, shall concur in the appointment of said clerk; and the said commissioners having fixed upon such place, the seat of jusPublic build- tice shall there be established: and the court shall ings. cause public buildings to be erected thereon; and until such buildings are erected, the said court shall fix upon such place, for holding courts in said county, as they shall think proper. Sheriff of to collect SEC. 4. It shall be lawful for the sheriff of Montgomery county, to collect and make distress for any Montgomery public dues and officers fees, which shall remain unpaid by the inhabitants thereof, at the time such division shall take place, and shall be accountable for the in like manner as if this act had not been made; and the courts of the county of Montgomery, risdiction of respecting ju shall have jurisdiction in all actions and suits, either Montgomery in law or equity, which shall be depending before Courts them, at the time of such division, and shall try and same, determine the same, issue process, and award exe cution therein. SEC. 5. Be it further enacted, That the citizens of regulation re the said county of Bath, shall vote for members to specting elec serve in the general assembly, as joined with, and tions making a part of the county of Montgomery, in the same manner as heretofore, until the next arrangement of representation by the legislature of this commonwealth, except that the sheriff of the said county of Bath, shall take the polls and conduct such election. SEc. 6. Be it further enacted, That the commission- where and ers appointed to fix the seat of justice for the said county of Bath, shäll meet at the time and place ap- meet, and th pointed for holding the first circuit term in said coun- eir duty ty, or as soon thereafter as they can with convenience when commis sioners to and having severally taken an oath to act impartially therein, shall proceed to the discharge of the duty hereby delegated; and continue in the exercise thereof, from time to time, until they shall have completed it: And the said commissioners shall sev- Commission erally receive for their services, the sum of three dol ers pay lars for each day they may necessarily be employed under this act, to be levied and paid by the said county of Bath. SEC. 7. And be it further enacted, That the said county of Bath, shall constitute a part of the second judicial district, the circuit judge of which, shall attend and preside therein, as in the other circuit courts in said district. To what judi cial district annexed CHAP. CCXXII. Witnesses on AN ACT For the benefit of the Witnesses on the trial of APPROVED, JAN. 15, 1811. WHEREAS THEREAS the last general assembly, failed to the several witnesses who attended on the trial of the charges exhibited against Jesse Head, a justice of the peace for the county of Washington: For remedy whereof, Sec. 1. Be it enacted by the General Assembly, That the auditor of public accounts be, and he is Mead's case hereby directed, to issue his warrant on the treasurer, who is hereby directed to pay the same in favor of the following persons, who attended as witnesses on the said trial, for the following sums, viz. To John S. Ray, Arthur Gibbins Matthew Walton John Calhoon Elias Davidson Samuel Overton Daniel Mock William Hays Barnabas M Henry Jacob Seay James Hughes $ 6 78 Edlin's cas Sec. 2. And whereas the last general asssmbly, Witnesses oft failed to make allowances to the several witnesses who attended on the trial of the charges exhibited against George Edling, a justice of the peace for Washington county: For remedy whereof, Be it further enacted, That the auditor of public accounts be, and he is hereby directed, to issue his warrant on the treasurer, who is hereby directed to pay the same in favor of the following persons, who attended as witnesses on said, trial, the following sums, to wit: to amend the several acts authorising County Cour's" to lay their kvies and make appropriations. APPROVED, January 15, 1811. WHEREAS, the county courts of this commonwealth, frequently fail, from accident or neglect Preamble of duty, to lay their county levy at the times now prescribed, thereby causing frequent applications to the legislature in that behalf: For remedy whereof: ma Sec. 1. BE it enacted by the general assembly, That All the justi it shall be the indispensable duty, of all and every ces to attend of the justices of the peace in this commonwealth, court of clai to attend punctually their respective county courts, in the month of October in every year, to hear, ex- when amine and liquidate the claims charged by law, upon their respective counties, and to lay the levy there G Courts failing to lay levy at for upon the county, as prescribed by law: And in those counties where a circuit court is, or shall be appointed to be holden in said month, then, and in that case, the justices of such counties respectively, shall attend their November court for the purposes aforesaid. Sec. 2. Be it further enacted, That in case any court shall fail to lay their county levy, at the times may proceed herein before prescribed, they shall proceed to lay. at their next the same at their next term. proper terms, term. Sec. 3. Be it further enacted, That no county court A majority of all the jus shall make an appropriation for erecting a court. tices of a cou house, jail, or any additional repairs thereto, nor for nty shall com building bridges-nor shall place any person on a in which ap county pension, nor levy any charge of money on the propriations county, for any purpose whatever, unless a majority of all the justices in commission for that county, shall be present and compose the court. pose a court are made Sec. 4. Be it further enacted, That in case any When levy may be laid county court shall have failed to lay their county. for 1810 levy, in the year 1810, such county court or courts, may and shall, execute their said duties, at their next March term; and in case a circuit court is, or shall be appointed to be holden, in that month, in any such county, then they shall supply the said failure at their next Deficit in one years levy, out of next -term. Sec. 5. Be it further enacted, That in case there first supplied shall be a deficiency in the collection of the monies appropriated to the discharge of the claims upon the county, allowed and levied for in any year, in that case, the claim or claims of that year, not discharged by reason of such deficit, shall be first paid out of the next collection of the county levy. All acts or parts of acts coming within the mean ing or purview hereof, shall be, and the same are hereby repealed. |