Lucius Quintus Cincinnatus Lamar

“ According to the settled course of decisions in the highest court of Kentucky, the justices of the peace do not form a necessary part of the county court, except when sitting as a court of claims, or when engaged in appropriating the revenues of the county, levying taxes, laying charges upon the county, submitting questions of taxation to a popular vote, and making subscription to stock in railroads. ”

“ The sole fact that its proceedings as a court of law are of record cannot, in our opinion, deprive it of the power to appoint, by record, agents to make contracts, and to transact business not of record.
With regard to the contention that the commissioner exceeded the authority given by binding Bullitt county to pay for the entire work, an examination of the county record shows that while the court sought to secure joint action with Jefferson county in building the bridge, it determined to proceed without that county, if necessary. ”

“ Upon the return of the case to the circuit court, Bullitt county filed an answer specifically denying the truth of every material allegation of the petition and amended petition, the chief and controlling defense being that the contract sued on was not the contract of Bullitt county. As a part of its answer the county filed a complete transcript of the orders of its county court. Plaintiffs replied to the answer, and afterwards, with the leave of the court and against the defendant's objection, filed a second amended petition. ”

“ The decision was simply that, where the county court, assuming to act under a special statute, whereby was delegated to that court the extraordinary power of determining whether a county should subscribe in aid of the navigation company, and of making such subscription, undertook to appoint an agent to make the subscription, such appointment was void as being unauthorized by law. ”

“ This order appointed a committee to examine the work on the bridge, and to report. Sixth. The order of January 19, 1880. This order confirmed the committee's report, and discharged the committee.
Such is that portion of the record which is admitted to be the record of the court 'properly constituted.' It is claimed that the record is defective in the following particulars: It gave neither the judge nor the commissioner power to contract; although it is conceded that the power was given to the county judge to accept bids. The alleged contract does not appear to have been reported to the court ”

“ Upon no other occasion, and with reference to no other matters, is the concurrence of the justices of the peace necessary. Gen. St. Ky. p. 273, c. 27, art. 3, § 1; Id. p. 306, c. 28, art. 17, §§ 1, 2. ”