Imagens das páginas

removed if in cus

zance, new bond

credible persons, not of kin to nor of counsel for the defendant, stating that they are acquainted with the state of public opinion in the county or counties objected to, and that they verily believe the statements of the petition for such change of venue are true; and the attorney for the Commonwealth, or, in his absence from the county, the county attorney, must have reasonable notice, in writing, of such application. If objections are taken and sustained to all the adjoining counties, then the change to be made to the nearest county to which there is no valid objection, giving preference to counties of the same judicial district.

2. The application must be made and determined upon in How determined. open court, during a regular or called term.

§ 2. If the applicant is in custody, the order for the How applicant change of venue shall be accompanied by an order for his tody.

removal by the sheriff or jailer of the county, with such sufficient guard as the judge may direct, and his delivery to the jailer of the county where the trial is to be had.

$ 3. If the applicant is under recognizance or bond for If under recogni: his appearance, he shall, before the order is granted, give required. sufficient bail for his appearance at the proper court, or be

surrendered into the custody of the proper officer.

$ 4. The court shall also take recognizances of the witWitnesses, duty nesses for their appearance at the proper court, and make

such orders as may be deemed necessary to a fair, full, and speedy trial upon the merits of the case.

$ 5. When the prosecution is so removed, the clerk of the Duty of clerk, « court shall immediately transmit the original papers, together first paid.

with a transcript of the record pertaining thereto, to the clerk of the court to which the removal is ordered, after making out and retaining a copy of such original papers. The transfer shall be made by the clerk, his deputy, or some discreet person for whom the clerk shall be responsible. The applicant shall, before such order of removal is made, pay the clerk for making such copy, and also ten cents a mile for necessary travel going and returning in making such

transfer. If one of several $ 6. If one, or some only of several defendants charged venue, what done in the same indictment, apply for or be allowed the change with original in

of venue, the original indictment shall be retained, and a

certified copy sent, which shall serve in lieu of the original. Jurisdictionof the

§ 7. The court to which the removal is so made shall

of court in respect of.

allowance to be

obtain change of



have the same jurisdiction to dispose of the case as the court had from which it was removed; and if the indictment be quashed or a nolle prosequi entered, a new indictment may be found from time to time, by a grand jury of the county to which the removal is made, and the same prosecuted until the case is finally disposed of, as though the offense had been committed in that county.

$ 8. Not more than one change of venue, nor application Only one applitherefor, shall be allowed to any person in the same case.

cation for to be allowed.

Election of Special Judges. $ 9. If a defendant to any criminal or penal prosecution Election of speshall make and file an affidavit that he believes the judge of the court in which the same is pending will not afford him a fair or impartial trial, or will not impartially decide his application for a change of venue, supported by the affidavits of at least two reputable persons, not of kin or counsel of the applicant, that they believe the statements in the affidavit of the applicant are true, a judge shall be elected by the members of the bar, not directly or indirectly interested in the case, qualified to vote, who shall preside in lieu of the judge at the trial, or on the hearing of the application for a change of venue.

Governor to ap

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The Governor to appoint Special Judges in Certain Cases.

§ 10. If the defendant make and file an affidavit sup- poine, whet. ported as aforesaid, taking the same exception to a special judge, or a judge cannot be procured by election, the clerk shall forthwith certify the facts to the Governor of this Commonwealth, and he shall commission some circuit judge of another circuit to attend and preside in said court, on a day to be fixed by the Governor to try said criminal or penal prosecution.

$ 11. If the day so fixed by the Governor shall not be in Duty of the judge term time, the judge so commissioned shall appoint a term to fixing the day. of said court, to begin on the day named in the commission, and cause the same to be advertised by the clerk of said court at least five days before said day.

$ 12. The judge so commissioned shall attend upon the His duty in reday appointed and hold said court, and try the cause in the same manner the circuit judge could do if he had not been objected to

§ 13. The special judge aforesaid shall be allowed ten dolThe allowance to lars for each day he presides in said court, and ten cents per such judge.

mile going and returning from the same.*



Grants for chari.


want of trustee.

$ 1. All grants, conveyances, devises, gifts, appointments, IR. S., 235. and assignments heretofore made, or which shall be hereafter table uses, when made, in due form of law, of any lands, tenements, rents,

annuities, profits, hereditaments, goods, chattels, money, stocks, or choses in action, for the relief or benefit of aged or impotent and poor people, sick and maimed soldiers and mariners, schools of learning, seminaries, colleges, universities, navigation, bridges, ports, havens, causeways, public highways, churches, houses of correction, hospitals, asylums, idiots, lunatics, deaf and dumb persons, the blind, or in aid of young tradesmen, orphans, or for the redemption of prisoners or captives, setting out of soldiers, or for any other charitable or humane purpose, shall be valid, except as hereinafter restricted.(a)

§ 2. No charity shall be defeated for the want of a trusNot defeated for tee or other person in whom the title may vest; but courts

of equity may uphold the same by appointing trustees if there be none, or by taking control of the fund or property, and directing its management, and settling who is the beneficiary thereof.

$ 3. No church or society of Christians shall be capable Ground, quantită of taking or holding the title, legal or equitable, to exceedhere one church, ing fifty acres of ground; but may acquire and hold that

* Note.-In this chapter will be found material alterations in the law on the subject of change of venue. A comparison of the present with the previous legislation on this subject will, we think, prove beneficial to the student.—EDITORS.

(a) A gift or dedication of land for religious purposes commits the donor to hold the legal title in trust for the purposes contemplated by the gift or dedication. (Baptist Church vs. Presbyterian Church, 18 B. M., 640.)

2. If property held for religious uses be exchanged for other property, the latter must be held on the same terms, and for the same uses, as was the former. (Harper vs. Straus, 14 B. M., 53.)

3. Whenever a congregation, to whose use land has been voluntarily conveyed, ceases to use and occupy the same for the purpose for which the dedication was made, the land reverts to the grantor; and if the non-user happens before the contract to convey is executed, the same will not be enforced. (M. Daniel vs. Watson, &c., 4 Bush, 234.)

4. Civil tribunals have jurisdiction over controversies in respect of conflicting claims to the use of church property. (Gartin, &C., vs. Penick, 5 Bush, 110.)


ber of, and by


its temporalities

ecuted & defended


quantity for the purpose of erecting thereon houses of public worship, public instruction, parsonage, or graveyard.

1. The society may, before or after the creation of the Trustees, charity, appoint not exceeding three trustees, who, and whom appointed. their successors, shall be vested with the title, legal or equitable, to such property, for the use of such society.

2. The society shall enter such appointment on its record Appointment of book, a majority concurring therein, and may fill vacancies vacancies -- hów in like manner.

3. The trustees, or a majority of them, may, in their own Suits concerning names, for the use of the society, institute and prosecute - by whom pros: suits to recover any property, real or personal, to which the society has right, and may defend any suit that shall be instituted against the trustees or society, for or touching its temporalities. 4. In case a schism or division shall take place in a society, Cases of schism

provided for. the trustees shall permit each party to use the church and appurtenances for divine worship a part of the time, proportioned to the members of each party.(a)

5. The excommunication of one party by the other shall Effect of excomnot impair such right except it be done, bona fide, on the grounds of immorality.

$ 4. If any society holding lands shall dissolve, the title to Cases of dissolusuch land and appurtenances shall vest in the trustees of the ety provided for. county seminary in which the land may lie, for the use of such seminary; and if there be no such seminary, then in the county court, for the benefit of common schools in the county. The provisions of this chapter shall not apply to the society called Shakers, who shall have the same right to acquire and hold real estate as they have had prior to the passage of this law. $ 5. It shall be competent for the circuit court of the Provision for sale

of estates held by. county in which the real estate held in the manner mentioned in this chapter is situate, to adjudge a sale of the same for the purpose of reinvestment in similar property in the same county, and for the same uses, trust, and purposes; but such judgment shall only be rendered upon petition in equity making the proper parties, setting forth the reasons why such sale would be proper and equitable, which may be con

(a) The expression “schism or division,” used in subsection four of this section, imports no more than a separation of the society into two parts, without any change of faith or ulterior relations. Such is not the case with “ Methodist Episcopal Church of the United States” and the “ Methodist Episcopal Church, South.” (McKinney, &c., vs. Griggs, &c., 5 Bush, 401.)

tion of the soci

troverted; and when it shall also appear that such sale will not violate any reserved rights or qualifications or limitations expressed in the dedication or grant.(a)



ART. 1. Who shall be deemed Citizens.

2. Expatriation, how effected.
3. Aliens, certain rights of.

Con. U.S. Citizens, who to be deemed.

ARTICLE I. § 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, and who reside in the Commonwealth of Kentucky, shall be deemed citizens thereof.(6)

does not.


Expatriation, how Effected. § 1. Whensoever any citizen of this State, by deed in writIR. S. 238. ing in the presence of, and subscribed by, two witnesses, and ation, and what acknowledged or proved in the county court of the county ship, and what in which he resides, or by open declaration made in such

court and entered of record, shall declare that he relinquishes the character of a citizen of this State, and shall depart out of the same with the intention, in good faith, to remain absent therefrom, such person shall, from the time of his departure, be considered as having exercised his right of expatriation, so far as regards this State, and shall not

thenceforth be deemed a citizen thereof. (a) A dedication of land to public purposes, as for a house of religious worship, may be made by parol, and the fact established by parol evidence. (Grippy, &c., vs. Bryan, 7 Bush, 471.)

(6) Power to naturalize foreigners is conferred by the act of Congress on certain State courts therein designated; and such persons, when thus naturalized “under the laws of the United States,” shall, if they become residents of Kentucky, be deemed citizens thereof. (Morgan vs. Dudley, 18 B. M., 720.)

2. The naturalization of a husband does not render his wife a citizen if she still remains in a foreign country. (White vs. White, 2 Metcalfe, 191.)

3. Children under twenty-one years of age, whose parents are naturalized, are not aliens. (Idem, 191.)

4. The process of naturalization is a judicial act which Congress cannot authoritatively confer on the State courts; but it may be exercised by the State courts not prohibited by the exclusive jurisdiction of the courts of the United States. They derive no new judicial power from the acts of Congress, but only exercise a power already inherent in them as courts having common law jurisdiction. (Morgan vs. Dudley, 18 B. M., 693.)

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