Page images
PDF
EPUB

ARTICLE VII.

All private rights and interests of lands between Walker's line from the Cumberland river near the mouth of Oby's river to the south-eastern corner of Kentucky, at the point where the boundary line between Virginia and Kentucky intersected Walker's line on the Cumberland mountain, and the parallel of thirty-six degress thirty minutes north latitude, heretofore derived from Virginia, North Carolina, Kentucky or Tennessee, shall be considered as rightfully emanating from either of those states; and the states of Kentucky and Tennessee reserve to themselves respectively, the power of carrying into grant, claims not yet perfected; and in case of conflicting claims, if any there be, the validity of each claim shall be tested by the laws of the state from which it emanated, and the contest shall be decided as if each state respectively, had possessed the jurisdiction and soil, and full power and right to authorize the location, survey or grant, according to her own rules and regulations.

ARTICLE VIII.

It is agreed that the foregoing articles shall receive the most liberal construction for effecting the objects contemplated, and should any disagreement arise as to the interpretation or in the execution thereof, two citizens of the United States, but residents of neither Kentucky nor Tennessee, shall be selected, one by the executive of each state, with power to choose an umpire in case of disagreement whose decision shall be final on all points to them submitted.

ARTICLE IX.

Should any further legislative acts be requisite to effectuate the foregoing articles and stipulations, the faith of the two states is hereby pledged, that they will unite in making such provisions, and respectively pass such laws as may be necessary to carry the same into full and complete effect.

ARTICLE X.

[blocks in formation]

When treaty

The foregoing articles and stipulations, if ratified by the legislature of Kentucky during their present session, shall forever be ob- to take effect. ligatory and binding on both states, and take effect from this day.

In faith whereof, we, the respective commissioners, have signed Ratification. these articles, and have hereunto affixed our seals. Done in duplicate, at Frankfort, the second day of February, one thousand eight hundred and twenty.

[blocks in formation]

Recital.

Ratification by Ky. of the boundary line.

treaty.

And whereas, this commonwealth does approve and is willing to ratify and confirm each and every article and stipulation of the said agreement: Therefore,

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the boundary line between the state of Tennessee and this commonwealth, as described in said agreement, subject to be run and marked as therein provided, shall be, and the same is hereby ratified and confirmed.

SEC. 2. Be it further enacted, That each and every article and Ratification of stipulation of said agreement, either relating to the boundary line each and every article of the between the said states, or to the land claims of individuals, or to vacant and unappropriated lands, or to any other subject matter in said agreement contained, shall be, and the same are hereby ratified and confirmed, and shall be regarded in all courts of justice in this commonwealth, as the law of the land.

And declared to be binding & obligatory.

1821.

ginia as run by

IN FORCE FROM ITS PASSAGE.

AN ACT to establish the Line lately run between the States of Tennessee and
Kentucky: Approved November 22, 1821.-Session Acts, p. 266.

Be it enacted by the General Assembly of the Commonwealth of Boundary line between Ken- Kentucky, That the line, as run and marked in the year 1821, by tucky and Vir- William Steele, the surveyor on the part of Kentucky, and Absalom William Steele Looney, the surveyor on the part of the state of Tennessee, in pursurveyor on the suance of the authority of their respective states, be, and the same part of Ky. and Absalom Loo- is hereby ratified and declared to be the boundary line between the ney, surveyor said states: Commencing at seven pines and two black oaks on the on the part of Tennessee in top of Cumberland mountain, on the Tennessee line, one mile and the year 1821, a half and twelve poles southwardly of the Cumberland Gap; thence

ratified and

confirmed.

with Walker's old marked line south eighty-six degrees west by the magnetic meridian, crossing the left hand fork of Yellow creek at one mile, crossing Mingo mountain, and then crossing Bennett's fork of Yellow creek at five miles; then Log mountain, crossing Bowman's fork of the Clear fork of Cumberland at nine miles, the Trace fork at twelve miles, Buffalo at fifteen miles, the Laurel fork at eighteen miles, Tom's creek at nineteen miles, and Primroy at twenty-one miles; then crossing Pine mountain and the Clear fork of Cumberland river in the Lot at twenty-five miles; then crossing the Hackle Knob to the Elk fork at twenty-eight miles; Indian creek at twenty-nine miles; then Gillico mountain and Gillico creek at thirty-three miles, and the right hand fork of Gillico at thirty-six miles; Rock creek at forty-one miles; Marsh creek at forty-seven miles; the Roaring Ponch at forty-nine miles; Bear creek at fifty-four miles; the Big South fork of Cumberland at fifty-eight miles; Rock

creek at sixty-eight miles; the left hand fork of the Little South fork at seventy-six miles; passing the Chimney or Pilot Rock at seventyeight miles; crossing the Poplar mountain into Stockton's Valley at eighty-seven miles, and Pike's turnpike road at ninety miles; then crossing Wolf river six times; then Sulphur Lick creek at one hundred and four miles; Kettle creek at one hundred and twelve miles; in all, one hundred and fourteen miles, to three hackberry trees, on the bank of Cumberland river, opposite to the point where Walker's old marked line strikes the Cumberland river on the west side, and about twenty-four poles above John Kerr's house.

TITLE 34.

BUILDINGS PUBLIC.

1811.

IN FORCE FROM ITS PASSAGE.

AN ACT for the better regulation and preservation of the buildings on the public
square in Frankfort: Approved January 31, 1811.-4 Litt. 276.
SEC. 1. Be it enacted by the General Assembly of the Common-
wealth of Kentucky, That the keeper of the state house shall have
power and authority, by and with the advice and consent of the
governor, to cause such repairs to be made, from time to time, to
the buildings erected at the cost of the commonwealth on the public
square in the town of Frankfort, as may be necessary for their
preservation: and upon a statement of the items of such repairs,
and their value, approved and countersigned by the governor, the
auditior of public accounts may issue a warrant for the amount on
the treasury, in favor of the person or persons who shall have
performed the services.

SEC. 2. Be it further enacted, That every person or persons who shall commit any trespass on the said buildings, by defacing or demolishing any part thereof, or of the enclosure of said public square, or shall commit any other wilful and unlawful act on the premises, shall be subject to a fine not exceeding fifteen dollars, to be recovered by warrant, in the name of the Commonwealth of Kentucky, at the instance of the said keeper, before any justice of the peace, to be applied by said keeper towards keeping the said

[blocks in formation]

The keeper of the capitol may cause repairs to be made on the public buildings from time to

time,

Expenses for repairs how audited and paid.

Penalty on per

sons who trespass on public square or buildings.

How recovered

Provided always, that

Indictment or buildings and appurtenances in repair: suit may be had for aggravated nothing in this act contained shall bar or prevent the suing or exhibiting any suit, action or indictment, for any aggravated trespass or injury to the said buildings or the appurtenances, exceeding the value of said fine as above limited.

trespass.

1816.

IN FORCE FROM ITS PASSAGE.

AN ACT to provide for the appointment of a Keeper to the State-house and Pub lic Square: Approved February 10, 1816.-5 Litt. 418.

Be it enacted by the General Assembly of the Commonwealth of Keeper of state house and pub- Kentucky, That the governor be, and he is hereby authorized, when lic square may the situation of the state-house requires it, to appoint a fit person as be appointed by the governor. keeper of the state-house and public square; whose duty it shall be His duties and to attend to, and frequently to air, clean and keep the same from injury; penalty for neglect thereof. frequently to air and clean the carpeting and other furniture, and do such other things as the governor shall direct; to continue in office until the end of the next general assembly, and to be appointed annually thereafter; but for failing or neglecting to attend strictly to the duty enjoined on him, to be removed by the governor, and another appointed in his place. He shall be allowed for his services any sum not exceeding one hundred dollars annually, at the discretion of the governor, to be paid quarterly out of the public treasury.

Salary.

County court may rent a suitable building for holding court, when repairs are making on the court house.

Proviso.

Rent to be paid

out of county levy.

1818.

IN FORCE FROM ITS PASSAGE.

AN ACT giving certain powers to the County Courts of this Commonwealth: Ap proved January 30, 1818.-Session Acts, p. 418.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when any county court of this commonwealth shall pull down their court-house, for the purpose of erecting a new one, it shall and may be lawful for such county court to rent a suitable house from time to time for the purpose of holding the courts of such county in, until such new court-house may be completed: Provided, such house so rented as aforesaid does not exceed one quarter of a mile from the public square of that town where such new court-house may be intended to be erected. And it shall and may be lawful for the several courts of such county to be holden in any house so provided by such county court, until the completion of such new court-house.

SEC. 2. Be it further enacted, That such county court shall have power from time to time to pay for the rent of any house so provided, out of the county levy.

275

1820.

IN FORCE FROM ITS PASSAGE.

AN ACT to provide for the protection of Public Buildings: Approved November 27, 1820.-Session Acts, p. 48.

person,

whose duty

to appoint a person to take care of public buildings of the county.

Keeper may

sue trespassers

in his own name for the use of

the county.

SEC. 1. Be it enacted by the General Assembly of the Common County courts wealth of Kentucky, That it shall and may be lawful for the several county courts in this commonwealth, from time to time, to appoint (and enter such appointment of record) some fit it shall be to superintend and take charge of their public works and buildings, including the court house, jail, clerk's office and stray pen, together with the appurtenances thereunto belonging on the public square; and the person so appointed, is hereby vested with full power and authority in his own name for the use of the county, to commence and prosecute any and every action of trespass vi et armis, quare clausum fregit, or any other appropriate action which may be necessary against all and every person or persons, for any injury, damage, intrusion or other trespass, which may be committed on the buildings aforesaid, or any of them or their appurtenances; and all sums which may be recovered in any such action, shall be covered applied. appropriated as directed by the act, entitled "an act to appropriate fines and forfeitures for the purpose of promoting education," approved fourteenth February, one thousand eight hundred and twenty. The county court shall have power to fill any vacancy which may happen by death, resignation or otherwise, of the person appointed to take care of the buildings.

SEC. 2. It shall be lawful for the trustees of the Transylvania University, or the trustees of any public college or seminary of learning, or school-house built by subscription, which may be placed under the superintendence of trustees appointed by the subscribers to such school-house, or the successors in office of each and either of said institutions, to commence and prosecute any action of trespass, vi et armis, quare clausum fregit, or any other appropriate action against any or every person or persons, who may commit any injury, trespass, damage or intrusion, without the consent of said trustees, upon the buildings or enclosures of said university, college, seminary or school-house which has or may hereafter be erected, or any of the appurtenances thereunto belonging; and all sums of money recovered by any such action or actions (after deducting the costs and necessary expenses) shall be applied to the use and benefit of said institutions or school houses respectively.

SEC. 3. Any person who may be appointed by the county courts to take care of their public buildings, collecting any money in consequence of any action of trespass or other action, and failing

to

Damages rehow

Trustees of Colleges and Schools may maintain suits passers upon the enclosures or buildings.

against all tres

Damages recovered how applied.

Proceedings against the person appointed to take care of

« PreviousContinue »