AN ACT to establish the County of Lee.
Be it enacted by the General Assembly of the Commonwealth of Kentucky:
SEC 1. That from and after the first day of March, 1870, so much of the counties of Owsley, Estill, Wolfe, and Breathitt, as are included in the following boundary, is hereby erected into and established a separate county, to be known as the county of Lee: Beginning at the old landing, in Estill county, on the Kentucky river; thence a straight line to the mouth of Billey’s Fork of Miller’s creek; thence with said Billey’s Fork of Miller’s creek to the road leading from Estill Steam Furnace to Campton; thence with said road to the road leading from Beattyville to Campton, at Warren’s Cabin; thence a straight line to George Spencer’s so as to include said Spencer’s farm and residence in the new county; thence a straight line so as to include the farm and residence of Lycurgus Kincaide; thence a straight line to the North Fork of the Kentucky river, at the mouth of Lower Devil’s creek; thence with said North Fork up to the Breathitt county line; thence a straight line to the Middle Fork of the Kentucky river, at the mouth of Lower Twin creek; thence a straight line to the top of the dividing ridge between the Middle and South Forks of the Kentucky river; thence with said dividing ridge round to the top of the dividing ridge between Pawpaw and Buffalo creeks; thence a straight line to the head of the Lick Branch; thence with said Lick Branch, so as to include the residence of Joel Brandenburg, to the mouth; thence a straight line to the South Fork of the Kentucky river, so as to include the farms and residences of Isaac Thomas and James Thomas; thence a straight line to Joseph Reece’s, so as to include said Reece’s residence; thence with the road leading from Proctor to Manchester to Hampton Flanery’s; thence a straight line to the mouth of Wild Dog; thence with the Brushy Mountain Road to the old James K. Harris house, on the Brushy Mountain; thence a straight line to the Kentucky river, at the mouth of Ross’s creek; thence with the Kentucky river down to the beginning.
SEC 2. That the county seat or seat of justice for Lee county shall be, and the same is hereby, located at the town of Proctor, on the lot of land denominated the public square of said town of Proctor, and laid off in the plat of said town, made by James D. Paye and Arch. D. McGuire, on the 21st day of April, 1845, and being lot No. 64 on said plat; which said lot of land was donated to the town of Proctor by A.D. McGuire, and which said plat is recorded in the Owsley county court clerk’s office—Deed Book A, page 284.
SEC 3. That the county of Lee shall be divided into six justices’ districts, which shall also be voting precincts, in each of which there shall be elected two justices of the peace and one constable. John G. McGuire, David Price, and James B. McGuire, or a majority of whom may act, are hereby appointed to lay off said districts, and to designate the places of voting therein. Before they enter upon their duties, they shall take an oath faithfully to discharge the same. They shall meet at the house of J. C. Howerton, in the town of Proctor, on the second Monday in March, 1870, or as soon thereafter as practicable, and proceed to discharge their duties imposed upon them by this act, and may adjourn from day to day, and place to place, until they complete the same. They shall lodge in the hands of R. B. Jimison certified copies of the boundaries of said districts, who shall hold the same until a county court clerk is elected and qualified for said county, and then deliver the same unto the said clerk, to be by said clerk recorded in his office; and said commissioners shall also transmit to the Secretary of State a certified copy of said districts, to be filed in his office; they shall also, at the same time, designate two suitable persons to act as judges, also a clerk, and some fit person to act as sheriff in each of said districts, whose duty it shall be to hold the first election for officers of said county; and the persons so appointed shall take the oaths faithfully and impartially to discharge the duties of their respective offices.
SEC 4. An election shall be held in said county, on the first Saturday in April, 1870, for the election of circuit court clerk, county court clerk, a presiding judge of said county court, sheriff, jailer, coroner, assessor of tax, and county attorney, and two justices of the peace, and one constable in each justices’ district in said county. The persons who act as sheriff of the election shall meet at the house of J. Howerton, in Proctor, on the third day after the election, and carefully compare the polls, and shall sign the certificates of the election of the persons elected to each office, designating the person who received the highest number of votes, and the office to which he is elected, one of which they shall transmit to the Secretary of State, one to the officers elected, and they shall lodge one in the hands of R. B. Jimison, who shall deliver it to the county court clerk of said county of Lee, after one is elected, to be recorded by him in his office. It shall be the duty of the Governor of this Commonwealth to commission such of said officers as are required by existing laws to be commissioned. The officers first elected under this act shall hold their respective offices until the next regular election for like offices, and until their successors are elected and qualified. They shall take the oaths and execute such bond or bonds as is required by the existing laws of like officers.
SEC 5. The presiding judge of the county court and justices of the peace of said county, a majority of the justices concurring, are authorized and empowered to select suitable lots of ground at the seat of justice of said county, over and above that which is hereinbefore designated, upon which to erect the necessary buildings, and to purchase and make provision for the payment therefor, by levying a poll tax not exceeding five dollars on each tithable in said county, from year to year, until the same is fully paid, or they may receive such lots of ground by donation; and when so purchased or donated, the vendor or donor shall make proper deeds therefor to the county court of said county, and the title thereto shall vest in the county court for the use of the county; and they may receive subscriptions in work or materials, or for money to be paid to be used in the erection, or payment for the erection, of the necessary public buildings.
SEC 6. The county court of said county shall be held on the first Monday in each month, and the quarterly courts on the Tuesdays succeeding the first Mondays in March, June, September, and December.
SEC 7. That nothing in this act shall be construed to release the citizens and property now subject, or to become subject, to taxation within the boundary of the first section of this act from being held, under all the liabilities that they now are, or may become liable to, by the voting of the counties of Owsley and Estill of certain sums of money to the Kentucky River Navigation Company, for the purpose of locking and damming said river.
SEC 8. The county Court of Lee county shall provide suitable rooms in which to hold the circuit and county courts, and to keep the clerks’ offices in, until public buildings shall be provided; and while courts are held at the places provided, all advertisements, notices, &c., required to be put up at the courthouse door, or sales or other acts to be done at the courthouse door, shall be legal and binding, if done at the places provided for holding courts as aforesaid.
SEC 9. That John Cole, Sr., of Lee county, be, and he is hereby, appointed a commissioner, and he, with such assistance, as he may call to his aid, shall run and plainly mark the boundary line of Lee county, as provided in the first section of this act. He shall make out duplicate certificates of his work, transmit one to the Secretary of State, to be filed in his office, and he shall deliver the other to the county court clerk of Lee county, to be filed in his office, after being first duty recorded.
SEC 10. The county court of Lee county shall allow to each of the commissioners named in this act, and to their assistants, reasonable compensation, to be paid out of the county levy of said county.
SEC 11. The assessors of tax of the several counties from which Lee county is formed, shall, for the year 1870, proceed, as though this act had not passed, to take in the list of taxable property, except that they shall make out separate books of that portion of their respective counties that has been taken off to Lee, and return the same to the county court of Lee county.
SEC 12. The county court of Lee county shall have the use of the jails of either of the counties from which Lee is taken, and the jailers shall receive all persons committed from Lee under the same rules as if committed from either of the counties from which Lee is taken.
SEC 13. The Secretary of State shall furnish the county of Lee and its several officers with all the books now allowed by law to the several counties and officers.
SEC 14. The county of Lee is hereby attached to the First Judicial District for the election of Judge of the Court of Appeals, and to the Thirteenth Judicial District for the holding of circuit courts; and the time of holding circuit courts in said county shall be on the Mondays succeeding the Estill circuit courts, and continue six days at each term.
SEC 15. The several counties from which Lee is taken shall have jurisdiction to their limits, the same as before this act was passed, until Lee county shall have elected officers and they have qualified as required herein.
SEC 16. That the qualified voters of Lee county, embraced in the territory stricken from the counties of Owsley, Estill, Wolfe, and Breathitt, shall vote for Representative and Senator with the counties from which they were respectively taken, and the poll-books containing their votes shall be certified and returned to the county court clerk’s office of said counties respectively; and elections for said officers to be governed by the present laws of apportionment, until the next regular apportionment for Senator and Representative.
SEC 17. This act shall take effect from its passage.
Approved January 29, 1870
[Source "Acts of the Kentucky General Assembly", 1870, pgs 14-18 - transcribed by B Wooley]
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