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XIII. And be it further enacted, That the navy offi- Repealing cers, sailors and marines of this state, shall, in all res clause. pects, 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

1992. ***** y 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in the service of this state, and for other purposes," as comes within the purview of this act, shall be, and is hereby repealed.

late the pay

CHAP. XLVIII.

Chapter LXXXVIII

in crig nal ] In act for establishing a district court (Chan, Rev. on the western walers.

p. 167.)

1. WHEREAS the mode of administering justice Preambler has become exceedingly inconvenient and burthensome to suitors living westwardly of the Allegany moun tains; Be it therefore enacted, That from and after the District des

cribed first day of August next, the counties of Jeffersou, Fayette and Lincoln shall be one district, and called the

Supreme Kentucky district, for which there shall be a supreme court. court of judicature of original jurisdiction, (separate Sand 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. and misdemeanol's committed in the said district, exeept those nade 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 geveral court shall cease to exercise any original jurisdiction whatsoever within the said district, except in

the case before-incationed, and thereafter the court of
the district shall have and exercise the same controal-
ing 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
in the dis-

two assistant judges for the said court, chosen by joint trict. ballot of both houses of assenbly and comınissioned

by the governor, who shall reside in the district, and
any two of them may hold a court, and vacancies dar-

ing 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 jud-

ges by one of the others, and by him to the other two. Sessione. They shall hold four sessions in every year, to com

mence on the first Mondays in March, June, Septen-
ber 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, Xode 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-
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 clifferent

criminal matters, the next five days for chancery malclays.

ters, and the rest of the terin for the trial of other busi-
ness; but the judges for good cause may, before issu-
ing subpænas, order.ireir clerk to regulace his docket

otherwise şo as pot to postpone criminal matters which Power as to shall be first tried. The said court shall be a court of icers and record, and shall, at any time during the term, take gilts.

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 re-
cord within the time limited by law, either apon proof
or acknowledgment thereof before such court, or upon
a certificate of such proof or acknowledgment before

1

ses.

any other common law court from the clerk of such court and under the seal thereof. The said court shall Escheals & also have jurisdietion of all matters respecting escheats forfeuict. and forfeitares arising within the district, and in those cases esebeators returns shall be made tereti and on ther proceedings bad therein according to law. All caveats against grants for land lying in the said dis Caveats,

aut

local achien trict, and all local actions accruing therein, heretofore cognizable before the said liigh 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, careats shall be entered in the register's office, and the term of six months allowed for the entry thereot' in the office of the clerk of the district. All process shall bear test in the May be sene 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

certain cawhere local actions shall be commenced against defendapts living out of the district, or defendants in other actions shall remove therefron after the commencement of any suils, process may in those cases be sent into the counties in which the defendants live. Executions, áttacbments for contempts, commissions for taking ackoowledgments of feme coverts to deeds, for taking des 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 seventeenth days: Habeas corpuses issued in term time, on such days as the court shall direct: Appeals in other cases, and all other process, except subpænas, on the ninth or seventeenth days: Subpænas for witnesses, on soch days as the suits shall stand docketted to, and the ceedings

when to be court shall, on the ninth day thereof, regulate all mat

regulated. ters respecting the rule docket, and try all disputes respecting bail. At the commencement of every term,

Rule pro

Grand jury. the sheriff of the county in which the court may be

held, and as many of his deputies as are necessary, view 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 six teen 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 sball 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 dur

ing the term, if such criminals shall desire it. All Trial of cri- persons committing capital offences in the said district, minals. shall be examined in the courts respectively of the

counties iu 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 Their exe practised in the general court. Provided, That there cution respi- shall be at least six weeks between the time of passing ted.

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 eiglut Suits now in months. All actions, suits and other matters depende the chace. ry or gene

ing in the high court of chancery and general court, ral court which by this act are made cognizable in the coart of transferred the said district, shall be transferred to the docket of

such court, to be proceeded on io 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

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 Rule days

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 Rules. 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 Docket to be

shall be entered on the court docket for trial at the next regulated. term, the elerk setting as nearly an equal pamber there

of as may be, or as the court shall direct, toche days

day:

set apart for the trial thereof. And the judgments and Judgments deerees 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, tliejail 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 continensent of criminals, who shall obey such "Jaiter to im. 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.

Power of judges thereof, out of session, shall have power lo a- öne 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 perforin 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

wealth: 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 ing good be. attorney general, and shall, as well as their clerk, be exempted from military duty.

II. And be it further enacted, That where it is not General otherwise directed by this act, all officers of the said rules for

court & offi. 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

M

cers.

VOL. XI.

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