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CHAPTER 28.

COURTS.

Art. 1. Court of Appeals.

2. Special Judges of.
3. Decisions to be reported.
4. Circuit Court, original jurisdiction.
5. Judicial Districts.
6. Special Terms.
7. Election of Special Judges.
8. Duties of court in general continuances of cases not tried.

9. The Franklin Circuit Court made the fiscal court of the Commonwealth. "10. Courts of Common Pleas.

II. Criminal Courts.
" 12. Chancery Courts.

13. Quarterly Courts.
14. The powers and duties of the County Judge concerning the settlement

of Accounts of Fiduciaries.
15. County Courts.
" 16. Jurisdiction in respect of county levy, public buildings, &c.

17. How County Court composed. Its duties, powers, &c.
“ 18. Concerning Justices' Courts.

19. Miscellaneous provisions.
" 20. Justices of the Peace, their jurisdiction in criminal and penal cases.

21. Jurisdiction in civil matters.
" 22. Appellate jurisdiction of the several courts.

23. Circuit Courts, appellate jurisdiction of.
“ 24. Quarterly Courts, appellate jurisdiction of.

IR, S., 304. Oaths, contempts &c.

ARTICLE I.

Court of Appeals. § 1. Power is vested in the Court of Appeals to administer oaths, punish contempts, and make rules, consistent with law, for the government of its proceedings, and to any judge thereof power is given to reinstate attachments and injunctions, and grant appeals in felony cases.

$ 2. The Commonwealth of Kentucky is divided into four Appellate Districts, as follows:

The first, composed of the counties of Bath, Boyd, Bracken, Bourbon, Carter, Clark, Clay, Elliott, Estill, Fleming, Floyd, Greenup, Harlan, Bell, Johnson, Jackson, Knox, Laurel, Letcher, Lee, Lewis, Lawrence, Madison, Montgomery, Mason, Morgan, Magoffin, Martin, Menifee, Nicholas, Owsley, Powell, Perry, Pike, Robertson, Rockcastle, Rowan, and Wolfe.

Four districts.

First district.

The second, composed of the counties of Anderson, Boone, Second district. Boyle, Campbell, Carroll, Casey, Clinton, Fayette, Franklin, Gallatin, Garrard, Grant, Harrison, Henry, Jessamine, Lincoln, Mercer, Owen, Pendleton, Pulaski, Russell, Scott, Trimble, Wayne, Whitley, and Woodford.

The third, composed of the counties of Adair, Allen, Third district. Barren, Breckinridge, Bullitt, Cumberland, Green, Hardin, Hart, Jefferson, Larue, Marion, Meade, Metcalfe, Monroe, Nelson, Oldham, Shelby, Spencer, Taylor, and Washington.

The fourth, composed of the counties of Ballard, Butler, Fourth district. Caldwell, Calloway, Christian, Crittenden, Daviess, Edmonson, Fulton, Grayson, Graves, Hancock, Henderson, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenburg, Ohio, Simpson, Trigg, Todd, Union, Warren, and Webster.

§ 3. If any new county or counties shall be hereafter Acts 1867-'8, 33. established, such county or counties shall form and constitute a part of the Appellate District in which the same, or the greater part thereof, shall be situated at the time of its establishment.

New counties.

Governor to selectspecial judges

ARTICLE II. Special Judges of the Court of Appeals. § 1. Whenever a majority of the judges cannot sit on the R. S., 307. trial of a cause or causes pending in said court, for the reasons prescribed in the Constitution, the Governor shall select a judge or judges from the members of the bar, or circuit judges of the State, to act with the other judges, as the court to determine such cause or causes; the court shall appoint a day for the trial of such cause or causes; and the court, so organized, may meet and adjourn from day to day, until it disposes of its business.

§ 2. If any of the special judges so selected refuse or fail Failure to act. to act, the vacancy may be supplied in like manner.

$ 3. When it becomes necessary to select judges, as pro- Selection to be vided in the preceding sections, the court shall make an entry of the fact on its record, and cause a copy of it to be delivered to the Governor, who shall, thereupon, select and commission a special judge or judges for the occasion, and cause their commissions to be delivered to them; and the clerk shall notify the persons selected of the time fixed for the trial of the cause or causes.

entered of record

Court to be held

August.

ment or end of a term, etc.

§ 4. The parties may select the judge or judges provided Parties mayselect for in the preceding sections, or permit any one of the

judges of the Court of Appeals to make the selection; and the judges so selected may proceed to act without commissions.

$ 5. There shall be no terms of the Court of Appeals; Acts 1871, 10. but the court shall be held every juridical day in each year, every juridical except in the months of July and August, if the same shall except in July a be necessary for the disposal of all the business upon the

docket. If there should be no court at any time, owing to unavoidable absence of two of the judges, the court shall stand adjourned until a quorum can be had.

§ 6. The court shall, by its own orders, declare what shall The court to de: be regarded as a term, or the commencement or end of a term, commence term, in order to conform to any law or rule of court requir

ing anything to be done before the commencement or after the end of a term, or within a certain number of terms; and said orders shall be so framed as that there shall be two terms in each year.

§ 7. If any judge of the Court of Appeals shall fail to If judge fail to attend the sittings of the court, it shall, unless satisfied that in salary to be such failure resulted from necessity, casualty, or misfortune,

direct the clerk to report to the Auditor the number of days such judge failed to attend; which report shall be made on the first day of January and July in each year. The Auditor shall deduct from the salary of the judge an amount equal to what the number of days reported bears to the whole year's salary.

§ 8. The judges of the Court of Appeals shall each reSalary $5,000. ceive a salary of five thousand dollars, payable monthly.

$ 9. All process issued from the court shall bear teste in the name of the clerk.

§ 10. The decisions of the court must be so written as to IR.S., 309.

show the governing principle thereof, except in cases involving matters of fact only. The court must deliver written opinions on all motions made in the court which involve any principle of law or rule of practice not previously settled by the court, and reported.

$ 11. The court shall annually appoint one of the judges Inspection of the thereof to inspect the clerk's office of the court, and to

report its condition to the court; which report shall be

made.

Process to bear teste in name of the clerk.

Decisions to be written.

clerk's office.

placed on the records of the court, and such action taken thereon as may seem proper.

§ 12. If the court is equally divided in the decision of a court divided. cause, the judgment or order of the inferior court is to stand affirmed.

reporter.

ARTICLE III.

Decisions to be Reported. $ 1. The Court of Appeals shall, biennially, appoint a Reporter. reporter of its decisions. 1. The appointment must be entered on its records. Decisions to be

published. 2. The court shall direct what decisions delivered by it are to be published.

§ 2. The reporter shall have the decisions of the court Duty of reporter. printed in letters, and on paper of proper size and of superior quality.

$ 3. The reporter shall be allowed by the Commonwealth Compensation of after the rate of one dollar and fifty cents for every one hundred pages of the decisions, tables, and indices so printed, if well bound, in calf-skin, with full indices and marginal notes; but the above price is to be paid for three hundred copies only; and if a greater number is furnished, he shall be allowed, for the residue, the customary price at which the book is sold. $ 4. Upon the deposit with the Secretary of State of the Deposit with Sec

retary, & court's number of copies of a volume of reports which he may determine is required for the use of the Commonwealth, accompanied with the certificate of the Court of Appeals that the work meets their approval, and was published by their consent, an order shall be drawn by him on the Auditor for the amount due therefor, which shall authorize the issual of a warrant on the Treasury therefor.

$ 5. In the publication of the decisions, the reporter shall Myers' Sup., 1v. give the names of the counsel appearing in each case, and and authorities. a reference to the authorities upon which they respectively rely.

certificate.

Names of counsel

ARTICLE IV. Circuit Courts-Original Jurisdiction. $ 1. The circuit court has original jurisdiction of all mat- R. S., 310. ters, both in law and equity, within its county, of which original jurisdicjurisdiction is not, by law, exclusively delegated to some

other tribunal; and has all power necessary to carry into effect the jurisdiction given.

§ 2. Each circuit judge shall be a conservator of the peace throughout the State.

ARTICLE V.

Fudicial Districts. $1. The Commonwealth of Kentucky is divided into sixJudicial districts. teen circuit court judicial districts, composed of the several

counties, as follows:

First DistrictFulton, Hickman, Ballard, McCracken, Marshall, Calloway, and Graves.

Second District-Trigg, Caldwell, Christian, Lyon, and Hopkins.

Third DistrictCrittenden, Henderson, Livingston, Union, Webster, and McLean.

Fourth District-Logan, Simpson, Edmonson, Butler, Warren, Muhlenburg, and Todd.

Fifth District — Breckinridge, Hancock, Daviess, Ohio, Grayson, Hardin, and Meade.

Sixth District-Barren, Metcalfe, Monroe, Green, Adair, Hart, Allen, Clinton, and Cumberland.

Seventh District Marion, Larue, Washington, Taylor, Nelson, Mercer, and Anderson.

Eighth District-Boyle, Casey, Garrard, Lincoln, Pulaski, Russell, and Wayne.

Ninth District Bullitt, Shelby, Spencer, Oldham, and Jefferson.

Tenth District-Bourbon, Fayette, Jessamine, Scott, Woodford, Clark, and Madison.

Eleventh DistrictFranklin, Owen, Henry, Gallatin, Carroll, Trimble, Boone, and Grant.

Twelfth District-Bracken, Campbell, Kenton, Pendleton, Harrison, and Robertson.

Thirteenth District Bath, Montgomery, Powell, Estill, Owsley, Wolfe, Morgan, Elliott, Menifee, and Lee.

Fourteenth District-Fleming, Greenup, Lewis, Nicholas, Mason, and Rowan.

Fifteenth District-Rockcastle, Laurel, Whitley, Bell, Knox, Harlan, Clay, Letcher, Perry, Jackson, and Breathitt.

Sixteenth District - Boyd, Carter, Lawrence, Johnson, Floyd, Pike, Magoffin, and Martin.

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