issue against non resident or per son absent four months. § 4. Any person having a demand arising out of contract Attachment may not exceeding fifty dollars, against one or more who are non-residents or absent from this Commonwealth for a consecutive period of four months, may, before a justice of the peace, have the remedy of attachment to subject to the payment thereof any choses in action or personal property of the non-resident or absent debtor. § 5. Any creditor who, upon a claim less than fifty dollars, arising out of contract, commences proceedings thereon before a justice of the peace, may, upon affidavit that his claim is just, that his demand will be endangered by delay arising before judgment or return of no property found upon an execution, and that the defendant has not property in this Commonwealth subject to execution sufficient to pay the said demand, have the remedy of attachment to subject to the payment thereof any money, choses in action, or equitable interest in personal property belonging to defendant. Acts 1869-'70, 90. An attachment against choses in action, &c. § 6. If a dead body be found in any county of this Com- May hold inquest monwealth, and the speedy attendance of the coroner cannot be procured, and the situation of the body be such as to require immediate interment, it shall be the duty of any justice of the peace having information of the fact to cause a jury to be summoned forthwith, and proceed to hold an inquest as coroners are authorized to do; for which service the justice is allowed the same fees as by law are allowed to coroners for like service. ARTICLE XXII. Appellate Jurisdiction of the several Courts. of Court of Appeals. § 1. The Court of Appeals shall have appellate jurisdic- Jurisdiction tion over the final orders and judgments of all other courts of this Commonwealth, unless otherwise provided herein. they have no jurisdic § 2. No appeal shall be taken to the Court of Appeals Wherein from a judgment for the recovery of money or personal tion. property, if the value in controversy be less than fifty dollars, exclusive of cost; nor to reverse a judgment granting a divorce or punishing contempt; nor from any order or judgment of a county court, quarterly, city, or police court; nor from a court held by a justice of the peace, or one having jurisdiction not greater than that of a justice of the peace; nor from a bond having the force of a judgment. ARTICLE XXIII. Circuit Courts. § 1. Appeals lie to the circuit court of the county from Appeals to circuit all orders and judgments of the quarterly court in civil cases in which the value in contest, exclusive of interest and cost, is ten dollars or over. (a) court. terly courts. ARTICLE XXIV. Quarterly Courts. § 1. Appeals lie to the quarterly court of the county from Appeals to quar- all orders and judgments of police courts, city courts, Mayors' courts, and courts of justices of the peace, in civil cases where the amount in controversy, exclusive of interest and costs, is five dollars or over, unless otherwise specially provided for. (a) On appeals: this section has been construed to give the right of appeal to the plaintiff, if the value in controversy is fifty dollars or more, although the judgment is for a sum less than fifty, but denies it to the defendant, unless the judgment for less than fifty dollars is the result of counter-claim or set-off. (Tipton vs. Chambers, 1 Met., 566; Revill vs. Petit, 3 Met., 322.) An Act to repeal the ad section of an act to amend chapter 3, article 1, section 825, of the Civil Code of Practice, approved February 22, 1860. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the 2d section of an act approved February 22d, 1860, entitled "An act to amend chapter 3, article 1, section 825, of the Civil Code of Practice," be, and the same is hereby, repealed. 2. This act shall take effect from and after its passage. Approved January 29, 1873. An Act to change the time of holding courts in the Seventh Judicial District. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the circuit, criminal, and equity courts in the seventh judicial district be held at the following times, namely: In the county of Marion on the third Monday in January and second Monday in August, each term continuing eighteen juridical days, and on the second Monday in June, and continuing twelve juridical days. In the county of Mercer on the fourth Monday in April, and continuing twenty-four juridical days, and on the second Monday in November, and continuing eighteen juridical days. In the county of Anderson on the fourth Monday in May and on the first Monday in December, each term continuing twelve juridical days. In the county of Nelson on the second Monday in February, on the fourth Monday in June, and on the fourth Monday in October, each term continuing twelve juridical days. In the counties of Washington, Larue, and Taylor, at the times now provided by law. 2. That all processes, bail bonds, and recognizances, shall be returnable at the terms of said courts herein specified and directed to be held. 3. That all acts and parts of acts coming in conflict with this act, are, to the extent of such conflict, hereby repealed. 4. That this act shall take effect and be in force from and after the first day of January, 1874. Approved February 5, 1873 An Act to regulate the time of holding circuit courts in the Fifteenth Judicial District. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the time of holding circuit courts in the fifteenth judicial district be as follows, to-wit: Ist. In the counties of Whitley and Knox as now fixed by law. 2d. In the county of Laurel on the first Monday in April and first Monday in September, and continue twelve juridical days. 3d. In the county of Rockcastle on the Monday after the Laurel circuit court, and continue twelve juridical days. 4th. In the county of Jackson on the Monday after the Rockcastle circuit court, and continue six juridical days. 5th. In the county of Bell on the Monday after the Jackson circuit court, and continue six juridical days. 6th. In the county of Harlan on the Monday after the Bell circuit court, and continue six juridical days. 7th. In the county of Letcher on the Monday after the Harlan circuit court, and continue six juridical days. 8th. In the county of Perry on the Monday after Letcher circuit court, and continue six juridical days at the spring term and twelve at the fall term. 9th. In the county of Breathitt on the Monday after the Perry circuit court, and continue six juridical days. 10th. In the county of Clay on the Monday after the Breathitt circuit court, and continue so long as the business of the court may require; but said courts are not required to be held in any of said counties longer than the business thereof may require. 2. That where warrants of arrests, summons, or other process, have been issued and executed, or may hereafter be executed, notifying or requiring any person or persons to appear at any of the circuit courts of said fifteenth judicial district at the time fixed by law, before this act takes effect, the same shall be sufficient service for the appearance of said person or persons at the terms of said courts, as changed by this act. 3. This act to take effect from its passage. Approved February 7, 1873. An Act to provide for indexing certain records of the circuit courts, criminal courts, chancery courts, courts of common pleas, and county courts. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That when, in the opinion of any circuit court, criminal court, chancery court, court of common pleas, or county court of this Commonwealth, an index or cross-index to any record of the court is necessary, such court may order and require the clerk thereof to make out an index or cross-index to the record in such book, and in such manner as the court may by its order direct. But this act is only intended to apply to records now unindexed or imperfectly indexed. 2. And the court of claims for the county shall make a reasonable allowance to the clerk for his services, including the cost of the book, to be paid out of the county levy. 3. This act shall take effect from its passage. Approved February 7, 1873. An Act to regulate the time of holding circuit courts in the counties of Nicholas and Mason. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the circuit court in the county of Mason shall commence on the Tuesdays after the second Mondays in April and October in each year, and be held twenty-four juridical days at each term, if the business so requires. 2. That the circuit court in the county of Nicholas shall commence on the fourth Mondays in March and September in each year, and be held twelve juridical days at each term, if the business so requires. § 3. All acts in conflict herewith are hereby repealed. 4. This act shall take effect on the first day of June, 1873. Approved February 7, 1873. An Act to fix the time of holding terms of circuit courts in the Tenth Judicial District. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of July, 1873, the terms of the circuit courts in the tenth judicial district of this Commonwealth shall commence and be held in the several counties as follows: Ist. In the county of Fayette on the third Mondays in May and November, and continue each twenty-four juridical days; and a time for the trial of chancery, criminal, and penal causes, in said court, shall commence and be held on the third Monday in February, and continue twelve juridical days. 2d. In the county of Jessamine on the first Monday in February and on the third Monday in August, each term continuing twelve juridical days. 3d. In the county of Madison as now fixed by law. 4th. In the county of Woodford as now fixed by law. Approved February 13, 1873. An Act to change the time of holding the circuit court in the Ninth Judicial District. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the first day of May, 1873, the circuit court in the ninth judicial district shall be held as follows, viz: 2. Jefferson. In the county of Jefferson, on the second Monday in November, continuing twenty-four judicial days. On the second Monday in January, continuing to, and including, the Saturday next before the second Monday in February. On the first Monday in April, continuing six judicial days. On the first Monday in May, continuing eighteen judicial days. On the fourth Monday in June, continuing eighteen judicial days. 3. Shelby. In the county of Shelby, on the first Mondays in March and September, each term continuing eighteen judicial days. 4. Bullitt.-In the county of Bullitt, on the fourth Mondays in March and September, the March term continuing six judicial days, and the September term twelve judicial days. Also a term for trial of criminal and equity cases on the first Monday in June, and continuing six days. 5. Spencer. In the county of Spencer, on the second Mondays in April and October, each term continuing six judicial days. 6. Oldham. In the county of Oldham, on the third Mondays in April and October, each term continuing six judicial days. 7. All recognizances and process shall be returnable for the terms beginning after the first day of May next, in accordance with the provisions of this act. 8. This act shall take effect from its passage. Approved March 11, 1873. An act to transfer the equity causes from the Hickman circuit court to the Hickman court of common pleas. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the clerk of the Hickman circuit court, on the 10th day of April, 1873, to transfer all the equity causes in the Hickman circuit court to the Hickman court of common pleas; and the clerk of the Hickman court of common pleas shall take charge of all such cases and docket the same; and the judge of the Hickman court of common pleas shall have jurisdiction to try and determine all cases in equity over which the judge of the Hickman circuit court heretofore had jurisdiction by law; and all cases in equity heretofore accruing in Hickman county shall be tried by said court of common pleas. 2. The clerk of the Hickman circuit court shall copy all orders in undetermined equity cases, and send the same, with the papers, to the Hickman court of common pleas. 3. All acts in conflict with this act are hereby repealed. 4. This act shall take effect from its passage. Approved Marcn 7, 1873. An Act to change and fix the time of holding the Hart circuit court. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the Hart circuit court shall commence on the fourth Monday in April and October of each year, and continue at each term eighteen juridical days, if the business of said court shall require it. 2. That all process of every kind, civil and criminal, bonds, recognizances, summons, and bench warrants, shall be, and are hereby, made returnable to the terms of said courts, as above fixed, in the same manner, and to be as valid and legal in every respect, as if returnable to the terms of said court as now fixed by law. 3. All laws and parts of laws in conflict with the above act, fixing the terms and time for holding the Hart circuit court, are hereby repealed. 4. This act to take effect and be in force from and after its passage. Approved March 8, 1873. An Act to amend an act, entitled "An act fixing the time of holding the terms of the circuit courts in the Tenth Judicial District." 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled "An act to amend an act fixing the time for holding terms of the circuit court in the tenth judicial district," be, and the same is hereby, amended so that the equity and criminal term in Fayette county shall commence on the first Monday in February in each year, and continue twelve juridical days; and a term of the circuit court for Jessamine county shall commence on the third Monday in February of each year, and continue twelve juridical days. 2. The terms in the other counties in said judicial district shall be held as now provided by law. 3. This act to be in force from and after its passage. Approved March 29, 1873. An Act to change the time of holding the circuit courts in the Thirteenth Judicial District. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That from and after the 4th day of July, 1873, the time of holding the circuit courts in the various counties of the thirteenth judicial district shall be as follows, namely: Montgomery county, beginning the first Monday in August and February, and to continue eighteen juridical days. Powell county, beginning the last Monday in August and February, and continue six juridical days. Menifee county, beginning the first Monday in September and March, and continue six juridical days. Bath county, beginning the second Monday in September and March, and continue eighteen juridical days. Estill county, beginning the first Monday in October and April, and continue twelve juridical days. Lee county, beginning the third Monday in October and April, and continue six juridical days. Owsley county, beginning on the Monday after the Lee court, and continue six days. Wolfe county, beginning the Monday after the Owsley court, and continue six days. Morgan county, beginning the Monday after the Wolfe court, and continue twelve juridical days. Elliott county, the Monday after the Morgan court, and continue six juridical days. 2. This act shall take effect from and after the 4th day of July, 1873. Approved April 16, 1873. An Act to change the time of holding the circuit, criminal, and chancery courts in the Twelfth Judicial District. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the circuit, criminal, and chancery courts in the twelfth judicial district, composed of the counties of Kenton, Campbell, Bracken, Robertson, Pendleton, and Harrison, shall be held as follows: 2. Kenton circuit court, at Covington, commencing on the first Monday in January, May, and September, each term twenty-four juridical days, if business requires. At Independence, on third Monday in June, and second Monday in December, each six days, if business requires. 3. Kenton criminal court, at Covington, on the first Monday in February and June, and third Monday in August and November, each twelve days, if business requires. At Independence, on fourth Monday in April, and first Monday in October, each six days, if business requires. 4. Kenton chancery court, at Covington, on first Monday in March and June, third Monday in August, and first Monday in December, each twelve days, if business requires. 5. Campbell circuit court, at Newport, commencing the first Monday in February, June, and October, each term twelve days, if business requires. At Alexandria, first Monday in March, and third Monday in July, each term six days, if business requires. 6. Campbell criminal court, at Newport, commencing first Monday in January, May, and September, each term twelve days, if business requires. At Alexandria, third Monday in April, and second Monday in November, each term six days, if the business requires. 7. Campbell chancery court, at Newport, commencing on the third Monday in January, May, and September, each term twelve days, if business requires. At Alexandria, on the third Monday of March and October, each term six days, if business requires. 8. Bracken circuit court, commencing the first Monday in April, and the fourth Monday in November, each term eleven days, if business requires. 9. Bracken criminal court, commencing Tuesday after the third Monday in May and October, each term eleven days, if business requires. 10. Bracken chancery court, commencing Tuesday after the first Monday in February and September, each term eleven days, if business requires. 11. Pendleton circuit court, commencing second Monday in March, and fourth Monday in October, each term twelve days, if business requires. 12. Pendleton criminal court, commencing third Monday in February and September, each term twelve days, if business requires. 13. Pendleton chancery court, commencing Tuesday after the third Monday in June and November, each term eleven days, if business requires. 14. Harrison circuit court, commencing third Monday in February, July, and November, each term twelve days, if business requires. 15. Harrison criminal court, commencing first Monday in March and August, each term twelve days, if 'business requires. 16. Robertson circuit court, commencing the fourth Monday in June, and the third Monday in December, each term five days, if business requires. 17. All acts or parts of acts inconsistent with this act are hereby repealed. 18. This act shall take effect and be in force on and after the first day of July, 1873. Approved April 16, 1873. |