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Date Approved: |
Date Effective: |
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Present County Seat: Grayson |
Formation #: 88 |
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Reference: "Acts of the Kentucky General Assembly”,
1837, pages 162-164. |
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Note: Named for Kentucky Senator William Grayson Carter who served from 1834 to 1838. (ref:
"Kentucky Encyclopedia") |
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Text of Act Creating New
County: SECTION 1. BE it enacted by the General
Assembly of the Commonwealth of Kentucky, That from and after the first day
of May, 1838, all those parts of Greenup and Lawrence counties, contained in
the following bounds, to-wit: Beginning at the line of Lawrence county on Big
Sandy at the mouth of Savage creek; thence with the division line between
Lawrence and Greenup county to the point where said line crosses the east
fork of Little Sandy; thence a straight line, crossing Little Sandy, to the
top of the dividing ridge between Crane creek and the waters south of it;
thence with said dividing ridge to the head of Crane creek; thence a straight
line to the mouth of the Buffaloe Fork of Tigert’s creek; thence up said fork
to the mouth of Grassy creek; thence up Grassy creek to its head; thence a
straight line to the Lewis line; thence with the Lewis line to the Fleming
line; thence with the Fleming line to the Morgan line; thence with the Morgan
line to where it crosses Little Sandy river; thence with Little Sandy river
to Newcomb’s fork; thence up Newcomb’s fork to the first large branch on the
east side of said fork; thence up said branch to the head thereof; thence a
straight line to the fork of the Little fork of Little Sandy, above the foot
of the dry ridge; thence up Luster spring branch, with the old trace, to the
head of the Lick branch of the dry fork; thence down said branch to the
mouth; thence, crossing dry fork, to the county road; thence with the county
road to the mouth of Bells’ Trace Fork; thence up said fork to the first big
branch, on the north side thereof, above Jesse Kizee’s; thence up said branch
to the head thereof; thence with the divide between the waters of the Little
fork and east fork of Little Sandy to the head of the Little east fork, or
Bols’ fork; thence a straight line to the mouth of White’s creek on Big Sandy
river; thence down said river to the mouth; thence down the Ohio to the
beginning, shall be and the same is hereby erected into one distinct county,
to be called and known by the name of Carter. SECTION 2. That the county of Carter shall be entitled to ten Justices of the
Peace, who, after having been commissioned, shall, on the first day of May,
1838, meet at the house of Jesse England, at the cross roads, and after
taking the necessary oaths of office, and qualifying their Sheriff, they
shall proceed to appoint a Clerk, to whose permanent appointment a majority of
all the Justices in commission, in and for said county, shall concur; but if
such a majority cannot be had, in favor of any one, then the court may
appoint one pro tem until a majority of said court shall concur in said
appointment. SECTION 3. That the county and Circuit
Courts of Greenup and Lawrence, and the Justices of the Peace thereof, shall
have jurisdiction, in law and equity, in all cases, before this act takes
effect, in the respective parts of said counties in which such cases may
arise; and it shall be lawful for the Sheriffs, Constables, and Collectors,
in said counties, to collect all money and execute all process as the law
directs, which may be in their hands at the time this act takes effect, and
account for the same according to law. SECTION 4. That Daniel Morgan, Franklin A.
Andrews, of Fleming county, Edmund Wells of Morgan county, be and they are
hereby appointed Commissioners, who, or a majority of them, are hereby
authorized and required to make a suitable selection, and purchase of lots,
or parcels of ground, in said county for the erection of public buildings for
the seat of justice, and shall make report of their purchase and the price
and terms thereof, to the County Court of said county at its next session
after such purchase and location; and it shall be the duty of the County
Court to make provisions for the payment of the purchase money, to be paid
for said lot, or parcels of ground, according to the terms of the purchase;
and the said County Court shall, as soon as may be after the purchase of said
lots, or parcels of land, is reported to them, as aforesaid, proceed to cause
a suitable court house and jail, with such other public buildings as they may
think proper and necessary, to be erected thereon; and until the public buildings
are erected thereon, it shall be the duty of the County Court, at the expense
of their county, to procure some suitable house, in which the sessions of the
County and Circuit Courts, in and for said county may be held, until the
court house shall be completed and prepared for that purpose. SECTION 5. That the County Court shall
appoint Commissioners of tax for the year one thousand eight hundred and
thirty-eight, who shall be governed by the laws which may be in force on that
subject. SECTION 6. That the county of Carter shall not be entitled to more than five
Constables and the County Court of said county, as soon as this act takes
effect, shall lay off the same into five Constable’s districts; and in the
appointment of Constables, and all other county officers, shall be governed
by the general law now in force on those subjects. SECTION 7. That the County Court of said
county shall, in making their county levy, provide for the payment of the
claims of the Commissioners appointed as aforesaid. SECTION 8. That the qualified voters in
said county shall vote, at all elections held for Senators and
Representatives in the State Legislature, for members of Congress, and all
other officers, in the same manner and at the same place in said county, they
now do, and also at the seat of justice in said county when the same shall be
established; and the said county, in the said elections, shall vote for
Senator and Representatives with the counties of Greenup and Lawrence, in the
respective parts thereof, as they did before the passage of this act, until
the next apportionment of the representation of this Commonwealth; and the
Sheriffs of said county of Carter,
shall compare the polls of said elections as now prescribed by law. SECTION 9. That the County Court of said county
shall hold its terms on the first Monday in each and every month, and the
Circuit Court, in and for said county, shall hold its terms on the second
Mondays in April, July and October, in each and every year, and continue six
juridical days at each term, if the business of the court shall require it. SECTION 10. That for the year one thousand
eight hundred and thirty-seven, the Sheriffs of Greenup and Lawrence shall
proceed to collect the revenue and county levy in said county, as though this
act had never passed. SECTION 11. That the REF: “Acts of the Kentucky General
Assembly”, 1837, pages 162-164. |
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