clause. XIII. And be it further enacted, That the navy offi- Repealing cers, sailors and marines of this state, shall, in all respects, have the same claims, and be subject to the same restrictions and regulations, in all matters coming within the purview of this act, as are allowed to the officers and soldiers in the land service of the same. So much of the act intituled, "An act to adjust and regu late the pay and accounts of the officers and soldiers of the Virginia line on continental establishment, and also the officers, soldiers, sailors and marines in the service of this state, and for other purposes," as comes within the purview of this act, shall be, and is hereby repealed. 籍 CHAP. XLVIII Chapter LXXXVIII in original ] An act for establishing a district court (Chan. Rev on the western walers. p. 167.] cribed Supreme 1. WHEREAS the mode of administering justice Preamble. has become exceedingly inconvenient and burthensome to suitors living westwardly of the Allegany mountains; Be it therefore enacted, That from and after the District des first day of August next, the counties of Jefferson, Fayette and Lincoln shall be one district, and called the Kentucky district, for which there shall be a supreme court." court of judicature of original jurisdiction, (separate and independent of all other courts except the court of appeals) which said court shall have cognizance and jurisdiction of all treasons, murders, felonies, crimes Jurisdiction. aud misdemeanors committed in the said district, except those made triable by the constitution before the general court; and also of all other crimes, matters and things at common law and in chancery arising therein, of which the high court of chancery and general court now have cognizance; and from and after the said first day of August, the said high court of chancery and general court shall cease to exercise any original jurisdiction whatsoever within the said district, except in the case before-mentioned, and thereafter the court of the district shall have and exercise the same controaling power over the county and other inferior courts within the district, which are now exercised over them by the high court of chancery and general court, and all appeals from such inferior courts shall be made to Three jud- the court of the district. There shall be one judge and ges to reside two assistant judges for the said court, chosen by joint in the district. ballot of both houses of assembly and commissioned by the governor, who shall reside in the district, and any two of them may hold a court, and vacancies daring the recess of the assembly shall be supplied in the Their oath. manner pointed out by the constitution. The said judges shall, before entering upon the duties of their office, take the oaths prescribed by law to be taken by the judges of the high court of chancery and general court, adapting them to their respective cases, which oaths may be administered to any one of the said judges by one of the others, and by him to the other two. They shall hold four sessions in every year, to commence on the first Mondays in March, June, September and November, and shall continue eighteen days, exclusive of Sundays, unless the business depending before them be sooner finished; and if two of the said judges shall not attend on the first day of any term, Mode of ad- one judge may adjourn the court till the next day, and Journment so on from day to day, for six days, and if another judge shall not then attend, the said court shall be ad Sessions. clifferent days. journed till the court in course, and thereupon all cau ses, matters and things depending before the court shall Allotment of stand continued, till the next court. The first three business to days of every term shall be set apart for the trial of criminal matters, the next five days for chancery matters, and the rest of the term for the trial of other business; but the judges for good cause may, before issuing subpoenas, order their clerk to regulate his docket otherwise so as not to postpone criminal matters which shall be first tried. The said court shall be a court of record, and shall, at any time during the term, take cognizance of matters arising within the district res pecting the probate of deeds and wills and granting letters of administration, and may admit deeds to record within the time limited by law, either upon proof or acknowledgment thereof before such court, or upon a certificate of such proof or acknowledgment before Power as to deeds and wills. Escheats & forfeitures.. local actions. certain ca ses. any other common law court from the clerk of such court and under the seal thereof. The said court shall also have jurisdiction of all matters respecting escheats and forfeitures arising within the district, and in those cases esebeators returns shall be made thereto and other proceedings had therein according to law. All caveats against grants for land lying in the said dis. Caveats and trict, and all local actions accruing therein, heretofore cognizable before the said high court of chancery and general court, shall be tried in the court of the district; Process and such caveats may, after the said first day of August, be entered in the office of the deputy register, and shall, within one month after such entries, respectively be entered in the office of the clerk of the district, and summonses issued thereupon; but after the return of the plats and certificates to the land-office, caveats shall be entered in the register's office, and the term of six months allowed for the entry thereof in the office of the clerk of the district. All process shall bear test in the May be sent name of, and be signed by the clerk of the said court, out of the and may be sent into any county in the district, and district in where local actions shall be commenced against defendants living out of the district, or defendants in other actions shall remove therefrom after the commencement of any suits, process may in those cases be sent into the counties in which the defendants live. Executions, attachments for contempts, commissions for taking acknowledgments of feme coverts to deeds, for taking de positions of witnesses not living in the district, which the said court shall award, upon good cause shewn may in like manner be sent to the counties in which the parties live. All process issuing from the said court Return days. shall be returnable to the days herein after mentioned, to wit: Writs of habeas corpus issued in vocation, unless ordered to be returned before a single judge, and process in criminal cases, to the first day of every court: Process and appeals in chancery, to the fourth or se venteenth days: Habeas corpuses issued in term time, on such days as the court shall direct: Appeals in other cases, and all other process, except subpoenas, on the ninth or seventeenth days: Subpoenas for witnesses, on such days as the suits shall stand docketted to, and the ceedings court shall, on the ninth day thereof, regulate all mat- when to be regulated. ters respecting the rule docket, and try all disputes-respecting bail. At the commencement of every term, Rule pro minals. Grand jury. the sheriff of the county in which the court may be held, and as many of his deputies as are necessary, shall constantly attend, and shall summon twenty-four able and discreet freeholders, or others qualified by law to serve as jurors, to appear on the first day thereof, who, or any sixteen of them appearing, may be sworn a grand jury for the district, who shall have power to present all offences committed therein, but the court shall have power to discharge such grand jury whenever it is necessary, order another to be summoned, and may proceed to the trial of criminals at any time during the term, if such criminals shall desire it. All Trial of cri- persons committing capital offences in the said district, shall be examined in the courts respectively of the counties in which they are apprehended, and shall be tried by juries from the counties in which the offences are committed, and may be removed to and tried in the court of the district, in the same manner as is now practised in the general court. Provided, That there shall be at least six weeks between the time of passing sentence of death upon any criminal and the execution thereof and the judges shall have power, for good cause shewn, to respite execution of any such criminal eight Suits now in months. All actions, suits and other matters dependry or gene ing in the high court of chancery and general court, which by this act are made cognizable in the court of transferred. the said district, shall be transferred to the docket of such court, to be proceeded on in the same manner as if they had originated therein. And all papers and pleadings filed in such suits, shall be delivered to the Appearance clerk of the said court, to be filed in his office. The day. Their exe cution respi ted. the chance. ral court Rule days. Rutes. Docket to be regulated. clerk of the said court shall call over his appearance docket, both in common law and chancery, on the fourth Mondays in those months in which courts are held, which are hereby declared to be the appearance days upon process, returnable to the preceding courts, and shall call over his docket on the same day in eve ry month between the terms, whereupon such steps shall be taken as are directed in like cases in the high court of chancery and general court, and the same rnles of proceeding observed therein, and when issues are made up, or suits in chancery set for trial, they shall be entered on the court docket for trial at the next term, the clerk setting as nearly an equal number thereof as may be, or as the court shall direct, to the days except the Jailer to im Power of set apart for the trial thereof. And the judgments and Judgments decrees of the said court when rendered, shall be final to be final, in all cases, except those in which the court of appeals power of hath a controuling power over the high court of chan- court of apcery and general court, in which cases the court of ap- peals. peals shall have the like controuling power over the court of the district. The said district court shall have To appoint power to appoint their clerk and gaoler, and to super- clerk & jailintend and regulate all matters respecting their gaol, er, and suand may also appoint persons to contract for building, the jail. perintend repairing or enlarging the court-house and prison; and such gaoler, by warrant of a justice of the peace of his Build court county, may summon guards to attend the gaol dur- house & priing the confinement of criminals, who shall obey such son summons, or be liable to be fined by the said court, at press guards their discretion, not exceeding twenty shillings for one offence. The said court shall also order seals to be Providing provided for the use of the court, and any one of the for seals. judges thereof, out of session, shall have power to a- one judge ward writs of ne-exeat, injunctions, supersedeas, and out of ses certiorari, to award writs of habeas corpus, returnable sion. before him at his chambers, to take recognizance of special bail, and to perform all other duties which a judge of the high court of chancery or general court can perform; and any acting justice of the peace may in like manner take recognizance of special bail in suits depending in the said district court, There shall Attorney for be a person appointed by joint ballot of both houses of the common assembly, to attend the said court as attorney for the " commonwealth; and in case of a vacancy during the recess of the assembly, it shall be supplied by the go- He and the vernor and council pro tempore, which said attorney judges to and judges shall hold their offices on the same terms, hold their and be punishable for misfeazance therein, in the same offices durmanner with the judges of the general court and the good be. attorney general, and shall, as well as their clerk, be exempted from military duty. wealth: haviour. General court & offi. cers. II. And be it further enacted, That where it is not otherwise directed by this act, all officers of the said rules for court shall have the same powers, perform the same duties, and be entitled to the same fees as are given to, required of, or payable to the like officers of the high court of chancery and general court; and that in all cases not hereby particularly provided for, the said VOL. XI. M |