3 reward of twenty dollars, which sum may be recovered, by action of debt in any court of record, 4 from the owner or owners of such slave, or from the executors, administrators or committee of the 5 estate to which such slave may belong. And moreover the master, skipper or owner of the vessel 6 in which such slave may be found and apprehended as aforesaid, shall forfeit and pay the sum of 7 five hundred dollars, in addition to the penalties now prescribed by law, which sum may be reco8 vered by action of debt in any court of record as aforesaid, by such pilot, his executors or admi9 nistrators, in which action bail may be demanded.

11. All acts or parts of acts coming within the purview of this act, and contrary hereto, shall be 2 and the same are hereby repealed.

12. This act shall be in force from its passage.

A BILL

Establishing the County of

of part of the Counties of Kanawha, Cabell

and Logan.

February 19, 1847-Read first to be read second time.

1. Be it enacted by the general assembly, That so much of the counties of Kanawha, Cabell and 2 Logan, as is contained within the following boundary lines, to wit: Beginning at the mouth of 3 Cobb's creek, (a branch of Little Coal river,) on the point between said creek and river; and 4 thence running with the top of the ridge on the upper side of said creek, to the dividing ridge be5 tween said creck and the waters of Mud river; thence with and along the top of said dividing 6 ridge to the head of Horse creek and the Laurel fork of Mud river; thence taking the dividing 7 ridge between said Laurel fork and the waters of the Sugar Tree fork of said Mud river, to the 8 mouth of said Laurel fork; thence (crossing the main fork of Mud river) a straight line to the top 9 of the dividing ridge between the head waters of Ugly creek and Mud river; thence with and 10 along the top of said ridge to the head of the Grassy fork of Ugly creek; thence down said Grassy 11 fork to Main Ugly creek; thence a straight line, crossing Main Ugly creek and Big creek at Wil12 liam Martin's, so as to include said Martin on Big creek; thence up a small branch to the top of 13 the dividing ridge between Godby's fork and the Middle fork; thence with and along the top of 14 the said dividing ridge to the head of Vannatter's branch, and taking or continuing the said ridge, 15 above said branch to Hewett's creek, and crossing said creek above the house of Obadiah Bias, 16 senior; (so as to include said Bias within the new county;) thence a straight line to the Point 17 ridge, above the mouth of Big Laurel creek on the Spruce fork of Coal river, and with and along 18 the top of said ridge to the head of Big Laurel creek; thence with and along the top of the said 19 dividing ridge between the waters of Guyandotte river and Little Coal river to the dividing ridge 20 between the Marsh fork of Big Coal river and Little Coal river; and with and along the top of

21 said dividing ridge to the mouth of the said Marsh fork; thence crossing Big Coal river at the 22 mouth of the Marsh fork of said Big Coal river, and up the mountain to the top of the dividing 23 ridge between Big Coal river and Kanawha river; thence with and along the top of said dividing 24 ridge down to the head of Bull creek, and with and along the top of the ridge below Bull creek, to 25 Big Coal river; and thence down said river as it meanders to the mouth of Fork creek; thence 26 taking the point below said Fork creek to the head of Dick's creek; and thence with and along 27 said creek as it meanders to Little Coal river, and down said river as it meanders to the beginning, 28 shall form one distinct and new county, and be called and known by the name of

3 those parts of Kanawha, Cabell and Logan counties respectively, which will be in

4 county after the commencement of this act, shall be of said number, and shall be commissioned in 5 point of seniority, according to the dates of their present commissions respectively; all of whom 6 shall (before entering upon or exercising any of the duties of said office,) take the several oaths, 7 and within the time now required by law of persons commissioned as justices of the peace; which 8 oaths may be administered by any justice of the peace remaining in commission in and for either 9 of the counties of Kanawha, Cabell or Logan, or either of the adjoining counties of

10 and

if found more convenient. And the justice administering such oaths, 11 or any one or more of them, shall grant a certificate of the same, from under his hand and seal of 12 office, to be delivered to the justice or justices so qualified, who shall file the same in the clerk's 13 office of county, there to be recorded, and the original shall be preserved in

14 said office: Provided, That nothing in this section contained shall be so construed as to prevent 15 any justice of the peace now in commission for either of the counties of Kanawha, Cabell or 16 Logan, and residing within the bounds of the said new county of

from

17 exercising the duties and functions of his said office, as and for the said counties of Kanawha,

18 Cabell and Logan respectively, until the organization of the said county of

19 on the

in

next, as hereinafter prescribed.

3. A court for the county of

shall be holden by the justices thereof on the

2 fourth Thursday in each and every month, after the same shall have been organized, in like manner 3 as is provided by law for other counties of this commonwealth, and as shall be by law and by their 4 commissions directed.

4. The permanent place for holding the courts in the county of

now

2 required by law to be holden for the several counties of this commonwealth, shall be on the lands 3 of the heirs of Daniel Smoot, deceased, at or near the mouth of the Spruce fork of Little Coal. 4 river. And the county court for the county of shall provide a lot or lots of

5 land at said place, not exceeding two acres, (unless more be furnished by donation, in which case 6 the justices of said county may take and hold the same, provided such donation shall not exceed 7 six acres, and a full and satisfactory title be made thereto,) upon which to erect a courthouse and 8 such other necessary public buildings and fixtures as the convenience of the county requires, under 9 existing laws, for holding courts and conducting business incident thereto, in the manner now re10 quired by law, "where land shall not be already provided and appropriated for that purpose." 11 And said court shall cause said buildings and fixtures to be constructed at the charge of the county 12 of by levy, in the manner now prescribed by law. The title to any land

13 purchased for valuable consideration, or furnished in free gift, (as the case may be,) shall be made 14 in fee simple to any four or more justices of the peace for the said county of

15 and their successors in office, in trust, for the use and benefit of said county.

2

5. The justices of the peace commissioned and qualified as aforesaid for the said county of shall meet at the house now the residence of John Hill, esquire, in the now county

3 of Logan, situate on Little Coal river, on the fourth Thursday in May next. The whole number 4 of said justices commissioned and qualified as aforesaid, having been summoned by the acting she5 riff or his deputy of the now county of Logan, to attend on that day; and it is hereby made the 6 duty of said sheriff of the now county of Logan aforesaid, to summon said justices to attend as 7 aforesaid, at least ten days before the time of meeting fixed as aforesaid, under the penalty of for8 feiting and paying not less than fifty dollars, for the benefit of the Literary fund, recoverable as 9 other fines imposed by law on sheriffs and their deputies. And a majority of said justices being

10 present, (otherwise they may adjourn from day to day, until a majority shall be present,) shall pro

11 ceed to the appointment of a clerk of the county court; a commissioner of the revenue and a sur12 veyor for the said county of ; and also at the same time the necessary number of

13 school commissioners for said new county, or at some early day thereafter, if at that time said jus14 tices shall not be sufficiently informed, so as to make advisedly a judicious and proper appointment as 15 to such school commissioners; and shall thereafter make appointments to said offices and such other 16 offices as the law has provided for and required to be filled by them at a certain time and manner. The 17 said justices shall also at the same time nominate to the governor suitable persons to be commis18 sioned as sheriff and coroner of said new county, and fix upon a place and some suitable house in 19 said county for holding the courts thereof until the necessary public buildings shall be constructed, 20 at the place aforesaid, at or near the mouth of the Spruce fork of Little Coal river on the lands of 21 the heirs of Daniel Smoot, deceased. And said justices shall cause all of the said appointments, 22 orders and proceedings made and had as aforesaid, to be entered of record.

6. It shall be lawful for the sheriff or other collector, lawfully appointed, of the counties of Ka2 nawha, Cabell and Logan severally, to collect by distress or other lawful mode any public dues and 3 officers' fees which may remain unpaid by such of the inhabitants of the said counties respectively, 4 as will be in the county of at the time when this act shall commence

5 and be in force, and such sheriff or other collector shall be accountable for the same in like manner 6 and under the same fines, forfeitures and penalties as if this act had never been passed, and as the 7 law prescribes.

7. The courts of the counties of Kanawha, Cabell and Logan, respectively, shall have and retain 2 jurisdiction of all actions and suits depending before them, on the fourth Thursday in May next, 3 and shall try and determine the same and award execution thereon, when necessary, except 4 in cases wherein both parties reside within the new county; which last mentioned cases, (together

5 with the papers thereto appertaining,) shall, after that day, be removed to the courts of the county 6 of and there tried and determined, and execution awarded thereon when necessary. 8. The said county of

shall be in and attached to the same judicial circuit with the

2 county of Logan; and the circuit superior courts of law and chancery thereof, shall be holden on