USA > Kentucky > Lewis County > History of Lewis County, Kentucky > Part 7
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23
ACTS OF 1841: More Acts for the benefit of the sheriffs of Lewis County, one allowing Thos. Parker more time to settle with the auditors, and also requiring the auditor to settle with Chas. Caines, late sheriff of Lewis County for the year 1840.
ACTS OF 1842: The voting place in Forman's Bottoms was changed by an Act from the house of William Marshall to that of Nathaniel Garland, February 28, 1842; also the voting place in Laurel precinct was changed from the house of Joseph Staggs to that of Josiah W. Staggs.
ACTS OF 1843: There appears to be no Act concerning Lewis County in this year. Our representative, Socrates Holbrook, probably thought we had enough Acts for the benefit of the sheriff and changing the time of holding Circuit Court.
153
History of Lewis County, Kentucky
ACTS OF 1844: An Act to allow one additional justice of the peace to reside on Lurel or Grassy Fork of Kinny was passed on February 16, 1844.
ACTS OF 1845: Chapter 295 reviews the Act of January 25, 1833, in relation to the town of Concord, and Section 2 appoints Arthur Steph- enson, Thos. A. Duke, John Lovel, B. D. Taylor, and Henry Grimes as trustees to continue in office until May, 1846.
One Act for the benefit of Thomas Parker, Alexander Bruce, John Johnson, and Charles Caines, allowing further time to collect fees as sheriff and late sheriffs of Lewis County, is all we find in 1844-45.
ACTS OF 1846: An Act for the benefit of Daniel O'Neil and Sarah Graham, allowing Lewis County Court to appropriate money for their support.
ACTS OF 1847: Four Acts were passed in the session of 1846-47. One adding a justice of the peace to reside in the town of Clarksburg, an Act to prevent persons not residents from sein- ing on Kinniconnick.
A special term of the Circuit Court of Lewis County was authorized to be held beginning on the second Monday in June, 1847, for the trial of chancery and criminal cases. Also an Act changing the time of holding the county
154
History of Lewis County, Kentucky
court, April and October terms, to the first Mondays in said months.
ACTS OF 1848: An Act legalizing the acts of John P. Pell, surveyor, and giving more time to execute bond, etc. Also an additional justice at Esculapia Springs.
CHAPTER 116 in the Acts of 1848-49 incor- porates M. T. C. Gould, William C. Halbert, Mark Wallingford, and their successors as the Esculapia Mineral Spring Company, with an authorized capital of fifty thousand dollars. The Act was approved January 26, 1849.
The State Road, between Anderson M. Garland's and Robert Meredith's, was author- ized to be changed by this Legislature.
ACTS OF 1849: Section 3, Chapter 455, Acts of 1848-49, appoints Thomas Marhsall, Mark Wallingford, M. T. C. Gould, James McCormick, John McDowell, and S. Holbrook as commissioners to build a turnpike road through Lewis County, to be known as the Maysville and Lewis County Turnpike, and to extend from Maysville by way of Esculapia to Vanceburg. This is another of the bubbles which bursted coincident with Gould's Mineral Spring scheme.
The Legislatures of former years were rich in "vacant lands," and many were the acts trying to get rid of it; for instance:
155
History of Lewis County, Kentucky
"Be it enacted, etc., that the Lewis County Court shall apply the proceeds of the vacant lands of said county to the removal of obstruc- tions in Kinniconnick River and to the im- provement of the navigation of said stream."
ACTS OF 1850: There are only two Acts con- cerning Lewis County passed at this session. Both relate to roads; one changes the charter of the Maysville and Lewis County Turnpike Company so as to allow the company to use plank instead of gravel on said road, and the other authorized the Lewis County Court, on petition of Henry Adair, to change the State Road through his lands.
ACTS OF 1850: An Act appointing Isaac Middleton, J. R. Duke, U. R. McKellup, George M. Thomas, Joseph Sparks, Judge Baldwin, and N. R. Garland to divide Lewis County into eight magisterial districts was passed and approved December 12, 1850.
ACTS OF 1851: An Act placing Lewis County in the tenth judicial district, together with Bath, Fleming, Greenup, Carter, Lawrence, Montgomery, and Morgan.
An Act appointing Hesekiah Jenkins, Thomas Glascock, Thomas Marshall, and Mark Wal- lingford commissioners to remark and survey the time between Mason and Lewis Counties.
CHAPTER 528 changes the places of voting
156
History of Lewis County, Kentucky
in district number five from the house of Stephen Nowland to Josiah Staggs, and lays off the boundary of district number six, and leaves the voters to decide whether the polling place shall be at John B. Fenley's house or at the town of Tollesburg.
An Act to organize County Courts fixes the time for the court of Lewis County on the second Monday in March, June, September and December.
NOTE .- Under the Constitution of 1850 the Legislature met biennially.
There were no Acts for 1852.
ACTS OF 1853: An Act giving Wm. S. Parker, sheriff of Lewis County, further time of two years to collect taxes, fee bills, and muster fines.
ACTS OF 1854: An Act for the benefit of J. M. Todd, sheriff of Lewis County, releasing him from all damages upon a judgment standing against him for failing to pay over the revenue of 1852, he having already paid the full amount of revenue, interests, and costs.
An Act to prescribe the time of holding the Greenup and Lewis Circuit Courts.
SECTION 2 .- That hereafter the Lewis Circuit Court shall commence on the Mondays succeed- ing the termination of the May and November terms of the Greenup Circuit Court in each year,
157
History of Lewis County, Kentucky
and continue twelve judicial days, if the busi- ness thereof require it.
An Act placing Lewis County in the Ninth Congressional District passed February 24, 1854, over the veto of the governor.
Chapter 665 reads as follows: "Be it enacted by the General Assembly of the Commonwealth of Kentucky, that after the passage of this Act the April and October terms of the Lewis County Court shall be held on the third Monday of each month, instead of the first Monday.
There were no Acts for 1855.
ACTS OF 1856: In February, 1856, the Legis- lature passed an Act authorizing the building of the "Mud Turnpike" from Vanceburg to Mt. Carmel.
ACTS OF 1857: An Act in relation to a road in Lewis and Carter Counties allows further time for collecting tax to build same.
There is also a similar Act on account of a road in Fleming and Lewis Counties-the "Mud Turnpike."
There was also a long Act passed appointing commissioners, laying off road districts, and stating who are exempt from work; also reduc- ing all road laws in Lewis and Greenup Counties. Also an Act to increase the county levy to two dollars for the purpose of building a jail in Lewis County.
158
History of Lewis County, Kentucky
There were no Acts for 1858-59-60.
ACTS OF 1861: At a called session held in May, 1861, an Act was passed changing the voting place in Henderson precinct to the school house at Poplar Flat.
An Act incorporating the town of Quincy, in Lewis County, making the boundary as fol- lows: Beginning at a large elm tree at the lower landing on the land of Geo. Fruit, de- ceased, on the bank of the Ohio River; thence a straight line to the house of Samuel McKee, including the same; thence a straight line to the house of Abram Thomas, including the same; thence running so as to include the saw mill and house of S. Smith to the county road at the mouth of the lane running to the New Hampshire landing; thence with said lane toward the river to the lower line of Labun Woodworth; thence up the river with his line to the upper lane to the upper Woodworth tract, and with the line of the said Woodworth tract down said lane toward the river until it strikes the river; thence down the river to the beginning.
Nelson G. Morse, Wm. S. McKinny, and Henry McKee were appointed judges of an election for town officers, to be held the first Saturday in May, 1861.
An Act amending an Act passed January 30, 1851, granting Lewis County power and right
159
History of Lewis County, Kentucky
to sell seminary land: the amendment gives Lewis County the right to sue and be sued.
CHAPTER 428: Be it enacted. etc., that Salt Lick Creek in Lewis County, Ky., from its main forks near Adam Bertram's to the mouth of said creek be, and the same hereby is, de- clared a navigable stream.
This Act shall take effect from and after its passage.
An Act paying Geo. T. Halbert twenty-five dollars as State Agent in collecting taxes on the lands of Moylan's heirs, in Lewis and Carter Counties.
ACTS OF 1862: This session was prolific in Acts for Lewis County. In the first place we have an Act for the benefit of J. R. Garland and his sureties as sheriff. Next, an Act grant- ing the trustees of the Tollesboro school district time until the first day of February, 1862, to teach and report the free school.
ACTS OF 1863: An Act amending the charter of Concord. Wharfboats and other boats shall not occupy the public grade without license from the town trustees. Trustees may charge not exceeding thirty dollars for use of said grade, per annum. A fine of five dollars for disregard- ing Aet to be collected before any justice or police judge.
An Aet changing the voting place in Kinni-
160
History of Lewis County, Kentucky
connick district to the Jefferson schoolhouse; also another Act incorporating the Kinnicon- nick Bridge Company, authorizing Geo. W. Bruce, Jubes Fruit, and other persons to build a bridge or finish approaches to the railroad bridge, and charge toll upon the same until they had received the money expended and ten per centum thereon, when the County Courts shall declare the bridge free to public travel.
An Act to incorporate the Salt Lick Bridge Company makes Wm. H. Taylor, James Hiner, James C. Cole, Jackson Norris, Robert Bedford, W. C. Halbert, N. B. Webster, J. C. Ingrim, Thos. H. Thomas, John McCall, and Thos. D. Parker corporators and authorizes a capital stock of $3,000, in shares of $10 each, to open subscription book, and when $1,000 is sub- scribed, to call meeting and hold an election for officers. The stockholders were then to pay for the stock and to begin work on the bridge. When the bridge was completed they had power to collect tolls and pay dividends, etc.
An Act allowing the sureties of James M. Todd to replevy the judgment held against them by the Commonwealth.
An Act for the benefit of the Vanceburg school district, allowing till June 1, 1862, to the public school.
161
History of Lewis County, Kentucky
CHAPTER 778 incorporates the Vanceburg Male and Female School, with W. C. Halbert, Thos. D. Parker, Geo. M. Thomas, Thos. H. Thomas, and H. Ingrim as corporators. This is the beginning of the public school building now in use in this city. (Page 446.)
CHAPTER 1049 legalizes the election of trus- tees in the town of Vanceburg, on account of some irregularity in holding the election.
ACTS OF 1864: An Act for the removal of the seat of justice for Lewis County.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
First .- That the seat of justice for Lewis County be, and the same is hereby, removed from the town of Clarksburg and established in the town of Vanceburg.
Second .- That John Thomas Parker, F. M. Carr, and W. R. Stricklett be, and they are hereby, appointed commissioners to select, in the town of Vanceburg, a suitable site and grounds for the erection of a court-house, jail, and other necessary public buildings, not to be less than one acre. Said commissioners shall have power to contract for the land for said public buildings, upon such terms and at such prices as they may agree upon, or to accept a donation of same. The land selected by the commissioners, and purchased or donated, shall
11
162
History of Lewis County, Kentucky
be conveyed by the grantor or donor by deed to the Lewis County Court, and their successors in office. The sum agreed to be paid for the land shall be allowed by the next succeeding Court of Claims for said county, and payment thereof provided by the county levy. The said commissioners shall also procure suitable rooms in the town of Vanceburg for holding courts and clerk's offices, to be used for such purpose until suitable buildings are erected; so soon as such buildings are procured, and a deed of conveyance made for the landselected for public buildings, the commissioners shall make a report to the Lewis County Court, together with a deed, which shall be recorded. When the commissioner's report shall be filed as afore- said, it shall be the duty of the clerk of the Circuit and County Court, and the judge of the Quarterly Court, within twenty days thereafter, to remove all books, records, and papers be- longing and appertaining to the respective offi- cers aforesaid to the rooms provided therefor in Vanceburg; and the Circuit, County, and Quarterly Courts for said county shall there- after be held in Vanceburg, at the time pre- scribed by law: Provided, that until the re- moval of the records, etc., as above provided, the courts for said county shall be held at Clarksburg.
163
History of Lewis County, Kentucky
Third .- It shall be the duty of the judge of the County Court, at the first term of said court held in the town of Vanceburg, by order, to cause the justices of the peace for said county to be summoned to attend at the next term thereafter of said court, at which time, if a ma- jority of the justices in said county be not present, the court shall adjourn from day to day, until a majority of said justices are present, and may issue attachments to compel attend- ance; and when a majority of said justices are present, they shall take the necessary steps and make all necessary provisions for the erec- tion of public buildings for said county.
Fourth .- That the County Court of Lewis County, a majority of the justices being present in court, shall have full power and authority to make sale, to the highest bidder, at public auction, on such credit as the court may de- termine, of the public ground, and buildings thereon, in the town of Clarksburg in said county; and they shall take bond from the purchaser for the price, with good personal security, payable to the said County Court, and their successors in office, which bond shall have the force of a replevin bond. They may appoint a commissioner to make the sale and prescribe the terms, but such sale, if made by a commissioner, shall be subject to the approval
164
History of Lewis County, Kentucky
and confirmation of the County Court. The justices of the peace for said county, a majority being present in court, and concurring, shall have the power and authority to remove the public buildings, or any part thereof, that they may wish to use in the erection of new buildings at Vanceburg, and to sell what may remain, as above provided. The County Court shall ap- propriate the proceeds of the sale to the erec- tion of public buildings in Vanceburg.
Fifth .- That, upon payment of the purchase money for the public grounds, and such of the public buildings as may be sold, the county judge shall execute to the purchaser or purchas- ers as deed of conveyance therefor, vesting in the purchaser or purchasers such title as the County Court may hold to said property.
Sixth .- That any two of the commissioners named in the second section of the Act, concur- ring, shall have full power to perform the duties required of the three. And in case said commis- sioners should fail or refuse to act, or die, it shall be the duty of the County Court of Lewis County to appoint others-such appointments to be made not later than the February term, 1864, of said court; and the commissioners, so appointed by said court, shall have all the powers of those named in the second section of this Act.
165
History of Lewis County, Kentucky
Seventh .- This Act shall take effect from its passage.
An Act providing for the erection of public buildings in Lewis County.
Be it enacted, etc .:
First .- That an ad valorem tax of ten cents is hereby levied upon each one hundred dollar's worth of taxable property subject to taxation for State revenue, in Lewis County, for the purpose of building a court-house, clerk's office, jail, and jailer's house in the town of Vance- burg, Lewis County, which tax shall be levied for and during five years in succession, commenc- ing with the year 1864, which shall be the first year.
Second .- The sheriff of Lewis County shall collect the tax authorized by the Act, and pay the same over as ordered and directed by the County Court of Lewis County. The sheriff shall execute bond, in the Lewis County Court, with good security to be approved by said court, conditioned to faithfully collect and pay over said tax as the said court may direct; and he and his securities shall be liable on said bond for all money collected or which he could have collected under this Act, which he shall fail to pay over when due, and ordered to do so, by the County Court of Lewis County; and suit may be brought on said bond, in the name of
166
History of Lewis County, Kentucky
Lewis County Court, in the Lewis Circuit Court for any failure of his duty under this Act. The said tax shall be due from the sheriff, at the same time that the State revenue is due. He shall receive and retain in his hands the same com- pensation for collecting said tax as is allowed by law for collecting the State revenue.
Third .- It shall be lawful for the clerk of Lewis County Court to issue the bonds of the County of Lewis in one, two, three, four, and five years, bearing interest at six per centum per annum, and payable annually, for the pur- pose of building said court-house, clerk's office, jail, and jailer's house. The bonds aforesaid may be sold by said County Court clerk on such terms as to him may seem right and proper; and the tax authorized to be collected by Act is hereby pledged to the payment of said bonds and the interest thereon. The said clerk may issue said bonds and hand them over to the contractor upon the order of the commissioners authorized to let out the contracts for the public buildings, which bonds shall be in such amounts as said commissioners may direct; and the money arising from the sale of said bonds shall be paid over to the contractors, upon the order of said commissioners. Before said County Court clerk shall receive the money on said bonds, he shall execute a covenant with good
167
History of Lewis County, Kentucky
security, to be approved by the County Court, to the County Court of Lewis County, for faithful performance of his duty under this Act, which bond shall be executed before and attested by the county judge, and filed in the Lewis County Court clerk's office; and suit may be brought on said bond by said County Court for any failure of duty by said County Court clerk.
Fourth .- That F. M. Carr, John Thomas Parker, and John C. Ingram, or any two of them, shall have full power and authority to let out the contract for the erection and com- pleting the public buildings authorized by this Act; and shall have power and authority to enter into such covenants from contractors as shall be necessary; and shall see that the cov- enants of the contractors are complied with before any money shall be paid. Said com- missioners shall have full power and authority to remove to the town of Vanceburg for the pur- pose of using same in building public buildings, all or any portion of the material in the old court-house, clerk's office, jail, and jailer's house, in Clarksburg. If the commissioners, or any of them, should die or refuse to act, the County Court of Lewis County shall, at its next term after such death or refusal, appoint suitable persons to fill such vacancy and shall,
168
History of Lewis County, Kentucky
from time to time, fill such vacancies, and make such orders as become necessary to carry out this Act. Said commissioners shall receive and appropriate to the erection of said buildings all donations and subscriptions made for that purpose.
Fifth .- That the County Court of Lewis County, a majority of all the justices of the peace in and for said county being present in court, and a majority of those present concur- ring, shall have power to increase the county levy to any sum, not exceeding two dollars on each tithe, and may do so for five years.
Sixth .- This Act shall take effect from its passage.
An Act to amend an Act passed March 30, 1861, to incorporate the town of Quincy, in Lewis County.
Be it enacted, etc .:
First .- That an Act incorporating the town of Quincy, Lewis County, Ky., approved March 30, 1861, is hereby amended, that the boundary of the said town of Quincy shall be as follows: Beginning at the upper line of a tract of land owned by Eifort, Dodge & Co., at the low water mark of the Ohio River, and running back with said line so as to exclude the tracts of lands of Samuel McKee, James Lewis, Abraham Thomas, John J. Hackworth; thence with said line of
169
History of Lewis County, Kentucky
Hackworth, George Aumiller, and Woodworth's; thence with said Aumiller and Hackworth's line to the Ohio River; thence with the meander- ings of the river, at low water mark, to the be- ginning, containing an area of about three hundred acres.
Second .- Thus W. S. Mckinney, William Hackworth, and Wm. B. Thompson shall be the trustees of said town of Quincy till the regular election takes place, on the first Saturday in May, 1864.
Third .- That said trustees, or their suc- cessors, shall have power to lay a tax on so much of the real estate within said boundary, so incorporated, to open streets and grade a wharf, as they may see proper; and in all other respects the laws of the State concerning laws regulating and governing towns shall apply to and govern the town of Quincy, and be a part of its charter.
Fourth .- This Act shall take effect from and after its passage.
An Act establishing a new precinct on Kinny.
Be it enacted, etc .:
First .- That the Lewis County Court shall have power, and are authorized, to make a new election district on Kinny Creek, out of parts of Laurel Fork precinct and the precinct known
170
History of Lewis County, Kentucky
as the "Crossing of Kinny" precinct, and to locate and fix the place of voting in said precinct; and, when said court shall affix the boundaries of said district and appoint the place of voting in it, and enter the same on the records of said court, the said district is declared established.
Second .- That at the next regular election after the making of said district, two justices of the peace and a constable for said district shall be elected, as prescribed by the Constitution and Laws of the State, who shall hold their offices until the next regular election of said officers in said district.
Third .- This Act shall be in force from its passage.
An Act to change voting place from Clarks- burg to Vanceburg.
Be it enacted, etc .:
First .- That hereafter the place of voting in election district number three, in Lewis County, be and is hereby changed from Clarks- burg to Vanceburg, in said county.
Second .- This Act to take effect from its passage.
ACTS OF 1865: The first page of the Acts of 1865 reveals the Kinniconnick oil excitement, as there we read of James D. Smith, William Overend, Samuel Bate, and Henry J. Smith made corporators of the "Kinniconnick Central
171
History of Lewis County, Kentucky
Oil a nd Mining Co." Mr. Samuel Bate, now of this city, will take pride in telling you of the wells they bored, and he can actually show you some oil in that locality yet.
The "Kinniconnick and Salt Lick Petroleum Co." came into existence with George M. Thomas, Wm. C. Halbert, John P. Willim, Thos. W. Mitchell, and Thos. D. Parker as incorporators. They had a capital stock of $500,000, divided into shares of from $5 to $50. They had power granted open books, and when $20,000 was subscribed the company might proceed to business.
Judge Thomas did not make his money out of oil, this Act to the contrary notwith- standing.
CHAPTER 1304 gives Seth Parker, late sheriff, more time of two years to collect his fee bills, etc.
ADJOURNED SESSION OF 1865: CHAPTER 849 corporates Wm. S. Rand, Seneca W. Ely, Wil- liam Halbert, Jacob W. Rand, George Halbert, Thos. J. Davis, and their successors, as the Vanceburg and Kinniconnick Railway Com- pany, with a capital stock of one million dollars.
CHAPTER 1018 incorporates the Lewis County Petroleum Co., with John R. Morton, John McLean, Jas. R. Hawley, John G. Wells, Robt.
172
History of Lewis County, Kentucky
E. J. Miles, L. Barney, and E. L. Van Winkle as corporators.
NOTE .- This company was probably in- tended to furnish freight for Colonel Rand's railway, as above noted.
An Act to change the voting place in Laurel Precinct from Brightma's to William Stafford's, and to make two places in the cross- ing of Kinny precinct, one at Briery schoolhouse and one at Mckinney schoolhouse, was approved January 27, 1865.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.