CHAPTER 27. An ACT to establish the county of Rowan. Approved January 19, 1856.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky:

SECTION 1. That from and after the first day of May, 1856, so much of the counties of Fleming and Morgan as lies within the following boundary, shall be and the same is hereby erected into and established a separate and distinct county, to be called the county of Rowan, viz: Beginning at the Elk Lick on the Licking river, near Fielding Cooper’s in Fleming county; running thence up the Licking river to the mouth of the north fork of said river, in Morgan county; thence up said north fork of said river to the mouth of a creek called Miner’s creek; thence up said creek to the mouth of a branch running by the residence of Jedediah Day; thence up the said branch to the head thereof; thence down a creek called Laurel creek to the mouth of Bates’ branch; thence with the ridge east of Bates’ branch, to the head of the twin branches of Caney creek; thence with the ridge, between said twin branches of Caney creek, to the line of Carter county thence with said boundary line of Carter county to the boundary line between Carter and Fleming counties thence with said boundary line, between Carter and Fleming counties, to the point at which the boundary lines of Carter, Lewis, and Fleming intersect each other; thence with the boundary, between Fleming and Lewis counties to the head of the east fork of Fox’s creek; and thence with the dividing ridge, between the waters of Fox and Triplett creeks, to the beginning.

SECTION 2. The seat of justice for Rowan county shall be, and the same is hereby, located on the east fork of Triplett’s creek, at a point to be agreed upon by the commissioners hereinafter appointed, between the residences of Dixon Clack and B.F. Powers, in said county; and the name of said seat of justice shall be Morehead. Harvey T. Wilson, William Mynhier, George W. Crawford, Mason Williams and William Grannis, a majority of whom may act, are hereby appointed commissioners to locate said seat of justice. Said commissioners shall meet at the residence of Dixon Clack, on the first Monday of March, 1856, whence they shall, if necessary, proceed to make an examination of the ground between the residences above named, and shall perform the duties herein assigned to them, and execute and sign a written certificate of the same in duplicate—one of which duplicates shall be transmitted by them to the Secretary of State, and the other shall be deposited in the hands of E. H. Logan or B.F. Powers, who shall deliver the same to the Clerk of the County Court of Rowan county, whose duty it shall be to record the same in his office. The duplicate sent to the Secretary of State shall be carefully preserved by him in his office.

SECTION 3. The county of Rowan shall be divided into four districts, in each of which there shall be elected two Justices of the Peace, and one Constable, which districts shall also be election precincts; Dixon Clack, Isaac E. Johnson, B. F. Powers, William Phillips, T. W. Sandford, and M. C. Royse are appointed commissioners, who, after taking an oath faithfully to discharge their duties as such, shall lay off said districts, and designate the place of voting in each; a majority of said commissioners may act. They shall meet at the residence of Dixon Clack, on the first Monday in March, 1856, or as soon thereafter as may be convenient, and proceed to perform the duties imposed upon them by this act, and may adjourn from time to time and from place to place until they shall complete the same. They shall lodge a certified copy of the boundaries of said districts in the hands of E. H. Logan or Ben F. Powers, who shall hold the same in safekeeping until a Clerk of the County Court for said county shall have been elected, and then it shall be delivered to said Clerk, who shall file and record the same in his office; and they shall forthwith transmit another certified copy thereof to the Secretary of State, who shall carefully preserve the same in his office. They shall also designate, in each of said districts, two suitable persons to act as Judges, and one in each to act as Clerk, and one in each to act as Sheriff of the election of a Circuit Court Clerk, a County Court Clerk, a Sheriff, an Assessor, a Surveyor, a Jailer, a Coroner, a Presiding Judge of the County Court, and a County Attorney; also for two Justices of the Peace and one Constable for each district for said county, which election shall be held on the first Monday in May, 1856. Before entering on their duties, respectively, each Judge, Sheriff, and Clerk of the election, so designated, shall take an oath faithfully to discharge the duties imposed on them by this act. Those who may act as Sheriffs, aforesaid, shall meet at the residence of Dixon Clack, in the county of Rowan, on the second day after said election, and after carefully comparing the polls, shall sign two certificates of the election, designating the name of each person having the highest number of votes, and the office to which he shall have been elected, one of which shall be lodged in the hands of said E. H. Logan or B. F. Powers, who shall cause it to be recorded in the clerk’s office of the County Court of Rowan county, and the other of which they shall forthwith transmit by mail, or otherwise, to the Secretary of State, where it shall be carefully preserved, whose duty it shall be, forthwith, to cause commissions to be issued to those persons named in the certificate, to each for the office to which he shall have been elected.

SECTION 4. Each of said officers shall take an oath, and, when by law required, execute bond according to existing laws, in reference to similar officers; and, thereupon, their official acts shall be obligatory, to all intents and purposes, if done in accordance with the laws of this State. They shall hold their respective offices until the next regular election for like officers, and until their successors shall have been elected and qualified: Provided, That the Sheriff so elected, shall hold his office for the term of two years, and until his successor shall be elected and qualified.

SECTION 5. The counties of Fleming and Morgan, before this act takes effect, shall have jurisdiction in all things, as though this act had not been passed.

SECTION 6. The Presiding Judge of the County Court and the Justices of the Peace of said county of Rowan, a majority of said Justices being present, shall be and they are hereby authorized and required to make suitable selection of lots or parcels of ground at the place selected and determined upon for the seat of justice of said county, and purchase, or accept the same on donation, if tendered by the owner or owners thereof, for the erection of public buildings, for the seat of justice for said county; and it shall be the duty of said County Court to make provision for the payment of the purchase money of said lots or parcels of land, and cause a suitable Court House and jail, and such other public buildings as they may think proper, to be erected at the expense of said county. The means for these public conveniences may be raised by a capitation tax on all those persons in said county subject to capitation tax by existing laws: Provided, That said tax shall not exceed two dollars per head in any one year.

SECTION 7. That William A. Kendall be and he is hereby appointed a commissioner, with such assistants as he may deem necessary to employ, to run and mark the division line as designated in section first of this act. The County Court shall have power to allow all the commissioners named in this act reasonable compensation for their services and expenditures, in discharging the duties herein imposed upon them, to be paid out of the county levy of said county of Rowan.

SECTION 8. Said county of Rowan shall vote for Senator in the State Legislature with the thirty-fifth Senatorial district, and for county Representatives with the county of Fleming, until changed by law; and the Sheriffs of said counties, in all such elections, shall compare the polls of said counties as prescribed by law.

SECTION 9. The County Court of said county of Rowan shall hold its monthly sessions on the third Monday in every month, and the judge thereof shall hold his Quarterly Courts on the third Mondays in March, June, September, and December.

SECTION 10. That the Secretary of State be and he is hereby directed to furnish to said county of Rowan, or the officers thereof, all the public books and statutes which are now directed by law to be furnished to the public officers of this Commonwealth.

SECTION 11. That the county of Rowan shall have the use of the jail of Fleming county, until a jail be built in said county of Rowan, and the Jailer of Fleming county shall receive all persons committed from Rowan county, in the same manner as if committed from Fleming county.

REF: Acts of the Kentucky General Assembly, Vol. I, 1856, pages 4-7.

 

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