men, or shall have been condemned as a felon in any court of record within the United States; in favour of a wife where her husband shall have left her with the intention of abandonment, for the space of two years, or where he shall have abandoned her and lived in adultery with another woman, or other women, or shall have been condemned as a felon in any court of record within the United States, or where his treatment to her is so cruel, barbarous, and inhuman, as actually to endanger her life."

Other provisions were made to effectuate these--with the further precaution, that the offending party should not be at liberty to marry again, nor released from the pains and penalties of persons entering into a second marriage, during the life of the first wife, or husband.

Livingston county was divided, and the new county named CALDWELL, was to take place from and after the first day of May, 1809.-"Beginning on the Tradewater river, at Owen's ford; running from thence a straight line to the forks of Livingston's creek, next below the Sycamore lick; thence down the same with its meanders to the mouth thereof; thence southwest to the Tennessee state line; thence east with the said line to the line of Christian county; thence with the same to Tradewater river; thence down the same to the beginning."

The following title, shews the object of "An act to repeal so much of every act as authorizes public remuneration for losses by fire in warehouses;" and nothing more need be said on the subject.

"An act to amend the several acts concerning the proceedings in chancery," directs, that the law which required chancery causes to be placed on the docket after those at law, shall he repealed, and enacts, that in future the suits in chancery shall be set to no particular day-but that the court may act upon them any day in the term. This law, however flattering to the most important suits in general, as they were either for an adjustment of titles to land, or else enjoining the payment of money for which there was a judgment at law, which had been for a time cast into the rear, and seldom called; yet in reality

but, little improved their condition: for having "no day in court," they had no right to claim a hearing, and. were but seldom heard, however urgent might be their cases. It would not be extravagant to say, that there are suits on docket, which have been transferred from one generation to another; and after having been passed from lawyer to lawyer, for ten, twelve, or fifteen years, there is not one at the bar, or in court, who knows any thing of their merits or demerits, except the clerks: they know, that they charge three fees annually for com tinuances; and that hence, to them, they have the virtue of perennial springs of gain.

The Newcastle library, was incorporated.

White males were exempted from paying county levies, prior to full age.

The general assembly were to meet in future the first Monday in December, instead of November.

The auditor of public accounts was authorized to exchange the cut silver received for revenue, with the bank, at a discount not exceeding three per cent, for small round coins: and the public collectors were to lose three per cent on cut money, unless they would each swear that he had received the same in making his collections.

At the last session, an act passed, probibiting free persons of colour removing into the state: at this session it appearing that many free mulattoes had violated the law, it was repealed as to them, and their connexions not yet arrived in the state; provided they came before Christmas, 1809.

"An act for the relief of debtors," passed at this session, authorizes a replevy of one year, upon giving bond and security on or before the day of sale under execution, to pay within the year: but if the defendant fails to give the bond and security, then the estate to be sold on one year's credit, the purchaser, or purchasers, to give bond with security, to have the effect of a judgment, and rendered assignable.

The next act deemed worthy of notice, is one to "compel the speedy adjustment of land claims." This act presenting to view the complicated state of claims to lands, proposes to

remedy the evil, by limiting the right of bringing suit, whereby to recover the possession of land from any one then in possession under title in law or equity, to the 1st day of January, 1816: and as to those who should settle upon land, having such title as aforesaid, after the passage of the act, the suit was to be commenced within seven years next after the settlement should be made. This act, as it abridged the time for bringing suits in cases where the laws of Virginia adopted in Kentucky had allowed much longer periods, to claimants out of possession, was thought by some to be a violation of the compact with Virginia. It is believed, nevertheless, to be defensible, upon a fair construction of that compact, on the same principles which will justify the first occupying claimant law; and to which reference is made. For the present, it will suffice to observe, that the court of appeals have sustained both acts→→→ while the circuit court of the United States sitting in Kentucky, has been understood to have decided against the limitation act, as the supreme court had against the occupying claimant law; as being against the compact of separation, therefore unconstitutional and void.

An act of this session, repealed all laws establishing examining courts in criminal cases; and thence proceed to vest the like jurisdiction in two justices of the peace; who may sit any

where.

The title of "An act to coerce the payment of arrearages from the several delinquent collectors of public dues," sufficiently indicates its object.

A new officer was to be appointed to the court of appeals, whose official denomination was "the sergeant of the court of appeals;" to be commissioned as the constitution directs, that is, by the governor, &c.; and to hold his office during good behaviour: to take the oath prescribed, and give bond, &c. His duty was to attend the court of appeals, and perform the same duties to them, that the sheriff, who had previously attended, was by law required. He was authorized to execute such process out of court, as issuing from the clerk's office, might be

directed to him for any part of the-state; and could appoint as many deputies as he pleased. His fees were two dollars a day for attending court, and those allowed by law for executing process.

Forty-one acts were passed at this session-partaking of the usual variety of personal, private, local, special, and general; those for divorces excepted.

The revenue paid the expenditure for the year-disbursements, between seventy and one hundred thousand dollars; but no regular statement has been seen.

[1809.] Having merely mentioned the fact of the embargo, without comment, the same course, for the same cause, an invincible restraint as to limits, will be pursued, as to some of the most ostensible inducements to the war that ensued the measures of the government of the United States, in connexion with that suspension of their rights of commerce.

This primary mode of defence had been in operation about fourteen months, when, in the beginning of March, 1809, the non-intercourse with Great Britain, France, and their dependencies, was enacted by congress. This removed the embargo, and gave origin to the Rambouilet decree of Bonaparte, of the 23d of March, 1810; under which many millions' worth of merchandise, carried by citizens of the United States, into Spain, Naples, and Holland, previous to that time, were seized, and confiscated, for the use of the French treasury.

The first act to be noticed in 1809, is one making a new county out of Logan and Ohio, to be called, BUTLER: to have effect from and after the 1st day of May, 1810: "Beginning at the old Buffalo ford on Gasper's river, where the division line between Logan and Warren crosses the said river; thence a direct line to a point that is fifteen miles due north from the court house in Russellville; thence due west to the Muhlenberg line between the counties of Muhlenberg and Logan, and with said line to the mouth of Muddy river; thence across Green river a direct line to the top of the dividing ridge between Thompson's fork of Indian Camp creek, and Caney creek; thence to

where the state road intersects the head of Welch's creek; thence a direct line to the mouth of Bear creek; thence down Green river to where the dividing line between the counties of Logan and Warren strikes Green river; thence with said dividing line to the beginning."

GRAYSON County takes its rise in this session: to have effect from and after the 1st day of April, 1810: "Beginning at the mouth of Bear creek, on Green river; thence a straight line to where the state road first crosses a head branch of Welch's creek; thence a direct line to the top of the dividing ridge between the head of Thomas's fork and Indian Camp creek and the waters of Caney creek; thence a straight line to the mouth of Brown's creek; thence up Rough creek to the mouth of Meeting creek; thence up Meeting creek to the forks; thence up the south fork to the head thereof; thence a line to the head of Shaw's creek, so as to include Isaac Hyndes; thence down Nolin to the mouth; thence down Green river to the beginning." Acts of assembly were now declared to be in force from their passage, unless otherwise declared in the act.

An original act to incorporate the Frankfort Bridge company, passed this session. The details are inadmissible.

The mode of taking in lists of taxable property, was altered at this session. It had been the business of the commissioner appointed for the purpose, to call on each person in his district, for a list of tithes and taxable property: for the like purpose in future the county courts were to appoint some person in each militia company, who was to give ten days' notice that he would attend the muster in April and June; and the people were required to go and be taxed, or, what amounted to it, give in a list of their taxable property; subject, in case of failure, to a fine of five dollars, and treble tax upon all property discovered and listed by the commissioner. The party, being man, woman or child, young or old, might, by going to the house of this list gatherer, there give in the list, before the 1st of August in each year.