From: KyArchives [Archives@genrecords.org] Sent: Monday, March 27, 2006 2:22 PM To: Ky-Footsteps Subject: Court.Orders.Hardin.Co.Ky.1812.Hardin.COURT Hardin Co. KY Court Orders December 14, 1812 Hardin County KyArchives Court Source: Hardin County Court Order Bk C Written: December 14, 1812 Recorded: January 11, 1813 Hardin County Court Order Bk C pp 47 - 56 Monday December 14th 1812 & Monday January 11th 1813 At a Court began and held at Elizabeth Town on Monday the 14th Dec 1812 ----------------- Present Jacob ENLOW George HELM Saml MARTIN and Agt GREEN Esqs ----------------- Benjamin HELM who was authorized by this Court at their last term to procure Littells Laws of the Commonwealth of Kentucky, for the use of this Court, This day produced in Court 3 volumes of the said laws which the said HELM procured at the price of ten dollars for the three vollums which was recd by the Court ------------------- Present Aaron HART and Arthur McGAUGHAN Jun Esquires --------------- The commissioners appointed to settle with William WITHERS Sheriff of Hardin County produced in Court a Settlement which was received and ordered to record which Settlement follows in these words (towit) William WITHERS Sheriff of Hardin County to the County of Hardin To 213 tithables at three Shillings and one penny half penny each amounting to 100.92 ½ To 1627 tithables at thirty seven and one half cents each amounting to 610.12 ½ 721.05 ½ 596.91 ½ Balance due 124.13 ½ Contra By 21 tithables Delinquent at 37 ½ cents eace 11.12 ½ By commission on $709.42 ½ 53.20 ½ By the amount of the county Claims levied by this court 32.06 ½ 596.91 ½ In obedience to an order of the County Court of Hardin County appointing us to Settle with William WITHERS sheriff of Hardin County after Examining the records Delinquent Lists &c do find the accounts as above stated and after paying all the county claims allowed by said Court at their October Court of Claims in the year 1811 do find a ballance in his hands of one hundred and twenty four dollars and five cents given under our hands this 21st day of Nov 1812 Adin COOMBS JP Geo HELM JPHC --------------------------- Commonwealth on Summons to shew vs cause why they should Stephen RAWLINGS not be fined & treble General BRODDOCK taxed for not giving in William WADLEY their taxable property This day came the Defendants and for reasons appearing to the Court It is ordered that they be acquitted and go hence without day ---------------- Commonwealth vs for same Aaron RAWLINGS Jacob VANMETER Sr Cornelius HART Lewis PORTWOOD John HAYCRAFT Benjn TAYLOR James FRENCH James STEVENSON Denis KELLY David JOHNSTON Robert THOMPKINS James LOGSDEN John THOMPSON Ordered that alias Summons be awarded against the above mentioned Defendants returnable to the first day of next Court ------------------------ Commonwealth vs on summons Barbara VANCE Ordered that this motion be and the same is hereby dismissed. --------------------- Same vs William WITHERS Sheriff of this County fined three dollars for failing to Serve sundry Commonwealth subpoenas and that he pay the costs occationed hereby the fine imposed for a failure of Saml PERCEFUL deputy in doing his duty ------------ The following Settlement with the paymaster of the 60th Regiment of Kentucky Militia was returned to Court and ordered to be recorded (towit) November the 30th 1812 In pursuance of an act of Legislature passed in 181_ we have called upon John HIDGEN paymaster of the 60th Regiment of Kentucky Militia and settled with him for the Militia fines levied in the year 1811 and collectable in 1812 and it appears from the Delinquent list returned by the Sheriff that there was paid him by said Sheriff $35. then after deducting his commission there remained $32.90 and the said paymaster produced vouchers to that amount. Benjn WRIGHT LCC 60th RKM Adin COOMBS M60th RKM Saml LARUE M60th RKM -------------------- William Brownfield vs on motion to quash an Abraham LAMBERT Execution No 134 The parties being fully heard it is the opinion of the COurt that the motion be & it is hereby overruled & that the Deft recover against the Plft his costs occationed thereby no attorney fee to be paid ----------------- William BROWNFIELD on motion to quash an vs Execution which issued from the Abraham LAMBERT clerks office No 139 The parties being heard & the Court fully Satisfied, it is the opinion of the Court that the said Execution No 139 for $12. Judgment before Magistrate & five dollars 25 cents costs before Magistrate & $13.53 costs in Court be and the same is hereby quashed and that the Plt recover against the Deft his costs occationed thereby and it is further ordered by the Court that the Judt for costs before the Justice be & the same is hereby recified as that only $2.75 be taxed & put into the Execution and that another execution issue on Said Judgment agreeable to the correction of this day no attorneys fee to be taxed ------------------- The resignation of Aaron HART Esq was produced in Court and ordered to be recorded which resignation follows in these words towit April the 13th 1812 To the worshipfull County of Hardin County siting Gentlemen I acknowledge the favor confered on me by the appoint of a Justice of the peace for the county aforesaid which preferment lays me under obligation to your worships and the rest of my fellow citizens and as I feel an anxiety to discharge my duty with propriety and agreeable to law and as I am deprived of the benefit of the greater part of the acts of assembly it puts it out of my power to render that Justice to myself and countrymen that I wish I therefore beg you would take this as my resignation as a Justice of the peace and have the said resignation recorded on your clerks record and I am with high aft yours Aaron HART -------------------- On motion of Daniel JOHNSTON and It appearing to the satisfaction of the Court that he was charged with a stud Horse at the rate of two dollars ___ season for the year 1811 collectable in 1812 which he had not on the 10th day of March 1811 It is therefore ordered that the said JOHNSTON be exempted from the payment thereof and that the sheriff have credit for the same in his settlement with the auditor. ----------------------- It is ordered that Jacob ENLOW & Lewis WELLS Esquires the two of the Justices of the peace for this County be and they are hereby recommended to Isaac SHELBY Esquire Governor of the Commonwealth of Kentucky as fit persons to fill the office of Sheriff of this County in place of William WITHERS esq whose term hath expired. They not having been recommend heretofor as the constitution requires, owing to Sundry Magistrates being in the armies and a majority could not be had to form a Court in those months in which the Constitution requires the recommendation to be made. -------------------- Ordered that Court be adjourned till Court in Course Aug GREEN ================================================== Monday January 11th 1813 At a County Court began and held for Hardin County on Monday the 11th day of January 1813 ----------------- Present George HELM Saml MARTIN & Christ MILLER Esquires --------------- Ordered that John SMOOT Samuel FINLEY Lewis BROWN and Priday MEEKS or any three of them do after being sworn before any magistrate of this County view an alteration proposed to be made on the road leading to HOUCHERS ferry by Enoch POUTHER and that they report whether said alteration will be of public utility or not reporting the conveniences and inconveniences of the old road and the way proposed and make return to next Court. ------------------- An Indenture of apprenticeship between Benjn HELM on behalf of Nancy CASWELL a poor child and Henry GRASS was acknowledged and ordered to record. --------------- Commonwealth vs Cornelius HART S for failing to give in his property Ordered that the motion be and the same is hereby dismissed. ---------------- Same vs same Lewis PORTWOOD This day came the Commonwealth attorney and the Defendant not appearing although Solemnly called Therefore It is considered by the Court that the Defendant be fined five Dollars for failing to give in his list of taxable property for the year 1812 and be treble taxed and pay the costs of this prosecution & may be taken --------------------- Commonwealth on motion to fine & treble vs tax for not giving in his list of John HAYCRAFT taxable property This day came the Commonwealths attorney and the Defendant not appearing although Solemnly called Therefore It is considered by the Court that the Defendant be fined the sum of five dollars for failing to give in his list of taxable property for the year 1812 and that he be treble taxed and pay the costs of the prosecution and may be taken --------------------- same vs James FRENCH same This day came the Defendant and for reasons appearing to the Court It is ordered that this prosecution be dismissed. ------------ Same vs same Aaron RAWLINGS Ordered that this prosecution be and the same is hereby dismissed -------------- Same vs same David JOHNSTON This day came the Commonwealths attorney and the Defendant not appearing although Solemnly called therefore It is considered by the Court that the Defendant be and he is hereby fined the sum of five dollars and treble taxed and that he pay the cost of this prosecution and may be taken. -------------------- Same vs same Robert THOMPKINS Ordered that this prosecution be dismissed. ---------------------------- Commonwealth on motion to fine & treble vs tax for not giving in his James LOGSDON Taxable property The Defendant not appearing to make his defense herein It is considered by the Court that the Defendant be fined the sum of five Dollars and treble taxed and that he pay the costs of this prosecution and my be taken --------------------------- Ordered that David Swearins be allowed the sum of two Dollars out of the foregoing fines ------------------------ Comwealth vs Dennis KELLY & James STEVENSON Ordered that alias Summons be awarded against the above Defendants directed to Barren against the five Defendants and one to Grayson against the latter ----------------------- Ordered that Abraham FROMAN Ordered that the road leading from Elizabeth Town to the Tobacco landing on the Ohio river as rec for by the Commissioners appointed to view said road at the past August Term be established And that Abraham FROMAN be appointed surveyor of said road and that all the hands that live in the following bounds (towit) Beginning at the mouth of Fliperts run thence up the Ohio river to LAINs ferry thence out from the river including flat grove and Buck grove and all the hands on Doe run do assist said Froman in ______ said road ----------------- Ordered that Ignatius FRENCH be and he is hereby exempted from the future payment of County levy --------------------- On motion of Jesse MOREMAN It is ordered that a ferry be and it is hereby established across the Ohio River oposite the Tobacco landing and that he Be allowed two hands as ferry men to transport persons horses &c across the said river and that he receive for the transportation of man & horse twenty five cents & ____ Whereupon the said Jesse MOREMAN entered into and acknowledged his bond with Thomas ROBINSON his Security in the sum of twenty pounds ------------------- On motion of George HELM he together with Thomas MILLER & Jacob SWANK are hereby appointed commissioners to let the building of a Bridge to the lowest bidder across the creek near to the said George HELMs house & in his land and make their report to Court --------------------- On motion of Christopher MILLER Samuel DUREE is admitted as constable of Hardin County whereupon the said DUREE entered into and acknowledged his bond in the penalty of one thousand Dollars conditioned as the law directs with Isaac GOODWIN his security and took the several oaths required by law. ------------------- Ordered that Thomas WILLIAMS be and he is hereby appointed surveyor of the road leading from Elizabeth Town to FRAKERs ferry which lies between William HUMPHRIES and the four mile tree in place of William McCULLUM and that all the hands that assisted said McCULLUM do assist said WILLIAMS in keeping said road in repair. ----------------- Ordered that John ASHCRAFT Job DYE Joseph KIRKPATRICK John McDOYLE Samuel MARTIN & John DODGE or any three of them be and they are hereby appointed commissioners after being sworn before a magistrate of this County to view the nearest and best way for a road to be opened from Elizabeth Town to the level woods to leave the sd road on this side of Samuel MARTINs and to come in again at Jesses Mill and that they report the conveniences and inconveniences attending the old road and the one proposed and that they make report returnable here. ------------------ Commonwealth vs Lewis PORTWOOD Ordered that the fine entered up against the Defendant be and the same is hereby remitted and the order recinded ------------------ Ordered that Court be adjourned --------------- Samuel SMALLWOOD vs on an appeal from Mary McINTIRE adm Magistrates Jugt of Moses McINTIRE Ordered that this appeal be dismissed and the magistrates Judgment stand confirmed and that the Defendant recover against the Plaintiff her costs by her about her defence herein expended ------------------ Ordered that court be adjourned until Court in Course L. MILLER ================================ Transcribed by Patricia O'Connor p-oconnor@att.net Submitted by: Patricia O'Connor p-oconnor@att.net This file has been created by a form at http://www.genrecords.org/kyfiles/