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CHAPTER 333.

1851. AN ACT authorizing Christian county to be divided into pot less than

seven nor more than eleven districts, for the clection of Justices of the
Peace and Constables.

§ 1. Be il enacted by the General Assembly of the Common-
wealth of Kentucky, That the commissioners appointed to di-
vide Christian county into magistrates' and constables' dis- Commissioners
tricts, by an act, entitled, “an act appointing commissioners County, and lay
to divide the counties of this state into districts, for the elec- off new districts
tion of justices of the peace and constables," approved
December 12, 1850, and those hereinafter appointed, are
hereby authorized and required to divide and lay off said
county into any number of districts, not less than seven,
nor more than eleven districts, for the election of justices

Further timo of the peace and constables; and that said commissioners, siven to report or a majority of them, may reconsider and annul any former state. action in dividing said county, and establishing the precincts therein, and shall have until the 17th day of March, 1851, to make final returns of the districts in said county, as provided for in the 17th section of the said act, approved 12th of December, 1850. § 2. That it shall be the duty of the secretary of state to

Secretary's duty forward to the sheriff, and the clerk of the Christian circuit court, each, a copy of this act; and said sheriff shall summon all of said commissioners together, within seven days after the receipt thereof, at the county seat of said county, and lay this act before them.

$3. That Aquilla Long, W. W. Johnson, R. F. Kelly, Additional comMiller Woodson, Abram Keener, James F. Thompson, John missioners ap. D. Crafton, and John B. Knight, be and they are hereby

pointed.
appointed additional commissioners for Christian county,
to act in conjunction with those already appointed by said
act, and approved December 12, 1850.

Approved February 27, 1851.

CHAPTER 338.
AN ACT to change the place of voting froin Mason Gardner's to John F.

Blandford's, in Marion county.
Be it enacted by the Gencral Assembly of the Commonwealth
of Kentucky, That, from and after the passage of this act,
the election precinct to be held at the house of Mason Gard-
ner, in Marion county, by virtue of an act of the general
assembly, approved December 12, 1850, providing for the
districting of the several counties into justices' and con-
stables' districts, be and the same is hereby removed to the
house of John F. Blanford, to be called the Livers' Springs
precinct, and all elections in the district shall hereafter be
held at said precinct, and shall be conducted under the laws
now in force upon the subject of elections.

Approved Mareb 3, 1851.

helu.

Who to vote.

vote.

to take oath.

1851.

CHAPTER 342.
AN ACT to provide for the appointment of Circuit Judges, pro tem.

$ 1. Be it enacted by the General Assembly of the Common

wcalth of Kentucky, That when any judge of a circuit court In case judge in this state shall fail to attend at the time and place fixed clection may be by law for holding the court of which he is judge, or, if in

attendance, said judge cannot properly preside, it shall be the duty of the clerk of said court to cause an election to be held at which the practicing attorneys at law in said court alone shall be permitted to vote) for a suitable person to act as judge; and it, in said election, there be a

tie between the persons obtaining the highest number of 1f a tie, Clerk votes, said clerk shall give the casting vote; and the judge, to relive casting thus chosen, shall act as judge during the absence of the

circuit court judge, or in such case or cases as the circuit court judge cannot properly preside, and whose powers, authority, duty, and responsibilities shall be the same as those of the circuit court judge.

§ 2. Before any person, selected as aforesaid to act as Pro tem. judge judge, pro tem., shall enter upon the duties of his office, he

shall take the same oaths required by the constitution and laws of this state to be taken by circuit court judges.

83. Said judge, pro tem., shall receive, as a compensation Compensation. for his services, a sum bearing the same proportion to the

circuit judge's salary as the time he may serve shall bear to the length of the judicial time in said circuit, and it shall

be the duty of the clerk to make a minute of the proceedDuty of clerk. ings on his record book, and certify to the auditor of public

accounts the time said judge, pro tem., was engaged in the business of said court, (unless the said judge, pro tem, shall direct the clerk to enter on his record that no compensation is asked for by said judge, pro lem.,) and the auditor shall issue a warrant upon the treasurer for the amount which said judge, pro tem., may be entitled to; which amount shall be deducted out of the salary of the circuit judge by the auditor.

$ 4. If the judge, elected as herein prescribed, shall fail Ir judge refus.

or refuse to act, or cannot properly preside, another eleces to act anoth. tion shall be held in the same manner, from time to time, er election to be

until a suitable person is chosen, who will and can properly preside.

Approved March 3, 1851.

held.

CHAPTER 350.
AN ACT to legalize the appointment of Assessors of Tax, by the County

Court of Daviess, at their February term, 1851.
Whereas, it is represented to this general assembly that
Joseph G. Harrison and George C. Sebastian were ap-
pointed assessors of tax at the February term of the Daviess

1851.

county court, and that said commissioners, or assessors, were appointed without a majority of the justices of Daviess county being present. Therefore,

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the act of said county court be, and the same is hereby legalized ; and the appointment of said commissioners, and their acts under said appointment, shall be as valid, in all respects, as if they had been appointed by a majority of the justices of said court.

Approved March 3, 1851.**

CHAPTER 360.
AN ACT to regulate the commissions of Sheriffs on the collection of taxes

imposed by County Courts, on the ad valorem principle.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That sheriffs shall be allowed to retain, for the
collection of taxes imposed by county courts, on the ad va-
lorem principle, the same commissiun allowed to sheriffs for
the collection of the revenue tax : Provided, that this act
shall not be oonstrued to repeal any law making a different
allowance to sheriffs in such cases.

Approved March 3, 1851,

CHAPTER 361.
AN ACT to amend the Common School laws.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That when the

Whon school
authorities of
proper

any com- house shall have mon school district shall have selected a site for a school been erected not

to be changed house, and have commenced its erection; or where the unless voted for same shall have been erected, or procured for common ine district.

by majority of school purposes; or where a district shall have been established, and a school taught in it under the law, it shall not be lawful for the commissioners for the county, or any of them, to change the site of said school house, or dispose of the building for other purposes than a school, or to divide the district, or alter, or in any way change its boundaries, until after they shall have submitted their propositions to the qualified voters of said common school district, and the same shall have been approved of by a majority of the whole of said voters in the district. And to ascertain this, it shall be the duty of the trustees of said district, when required by said commissioners, to hold an election to take the sense of the voters thereof on the proposition submitted to them; and ten days' notice shall be given of the time and place of holding said election, the result of which shall be entered on the records of said district by them, and certified to the commissioners. The notice of said election shall

1851,

be by public advertisement set up at three or more of the most public places in said district.

Approved March 3, 1851.

CHAPTER 371.
AN ACT relative to holding elections in certain districts in Owen and

Mason counties.
$1. Be it enacted by the General Assembly of the Common-

wealth of Kentucky, That the place of voting in district No. Place of voting in owen chang? 9, for the election of justices of the peace and constable, od.

in Owen county, shall be at the tavern house of Joel T. Garvey, instead of at the storehouse of Jeremiah Garvey, as fixed by the commissioners appointed to divide said county into districts aforesaid, by an act of the General Assembly, approved December 12, 1850.

§ 2. That the voting place in the town of Sardis, in MaPlace of voting son county, as fixed by the commissioners to divide said in Sardis pre. cinct may be fis: county into justices' and constables' districts, under the act ed by judges or aforesaid, may be at the house of Peyton White, or at such .

other suitable and convenient place, within said town, as may be selected by the judges and sheriff of the elections to be held in said town, which selection the said judges and sheriff are hereby empowered to make.

Approved March 3, 1851.

CHAPTER 378.
AN ACT to change the place of voting in the 4th district, in Cumberland

county.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the voting place in the fourth magistrates'
district, in Cumberland county, shall be at the house of
Miles Williams, instead of Michael Davidson's, and that
all elections for United States officers, and state, county,
and district officers shall be held at the house of said Wil.
liams.

Approred March 3, 1851.

CHAPTER 379.
AN ACT in relation to Justices' and Constables' districts in Fleming county

$1. Be it enacted by the General Assembly of the CommonTen instead of wealth of Kentucky, That instead of seven, there shall be soven districts. ten districts for the election of justices of the peace and

constables in the county of Fleming.

§ 2. That Benjamin Harbeson, Mason Caywood, James Nemes of com. c. Sousley, Joel De Bell, Joseph Secrests, Simpson Riggin ,

.

voters if desira.

and Dixon Clack, are hereby appointed commissioners to 1851. lay off three additional districts in said county. § 3. That said commissioners, or a majority of them,

Com'rs duty. shall form one district out of the present Flemingsburg or No. 7 district, the Pinhook or No. 5 district, and the Centreville or No. 6 district, establishing the voting place thereof at Elizaville. They shall form another district out of the Pinhook or No. 5 district, with the voting place at Sherburn. They shall form the 3d district out of the Triplett or No. 1 district, fixing the voting place thereof at some position therein as nearly central as may be.

§ 4. Said commissioners, in forming said third additional To equalize district, if in their judgment it be necessary to do so, to ble by reducing equalize the voting population, may cut off portions of the other districte. present Hillsborough or No. 4 district, and Poplar Plains or No. 3 district, and add thereto; and they may, after forming the Elizaville district, as required in this act, enlarge (but not diminish) the then Flemingsburg district, if they deem it necessary to do so, by adding thereto portions of the Pinhook or No. 5 district, Poplar Plains or No. 3 district, and Mount Carmel or No. 2 district. $ 5. In forming said districts as directed in this act, said

To bo governt commissioners in all other respects, shall be governed by ed by acts ap

pointing com'rs. the provisions of an act, entitled, an act appointing commissioners to divide the several counties of this state into districts, for the election of justices and constables, approved December 12, 1850. They shall make out two copies of their report, and return one to the clerk of the Fleming county court, and the other to the secretary of state, on or before the 15th day of March next. It shall be the duty of the clerk of the Fleming county court to record said report, and his compens so delivered as aforesaid, for which he shall be allowed the sation. same fee as provided in the above named act for like services.

$ 6. Two justices of the peace and a constable shall be Two Justices elected in each of said additional districts by the qualified ble to each disvoters therein, under the provisions of the constitution.

Approved March 3, 1851.

and one consta.

trict.

CHAPTER 380.
AN ACT allowing additional Justices' and Constables' districts in Har-

din county
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the commissioners heretofore appointed
by an act, entitled, “an act to divide the counties of this
state into districts for the election of justices of the peace
and constables, approved December 12, 1850,” to lay off
the county of Hardin into justices and constables' districts,
be and they are hereby authorized and directed to lay off