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Bounty in and for 3 years ser. Vice.

rants for the lands allotted them, upon producing to the register a certificate of their claims respectively from the commissioner of war, and no otherwise.

IX. And be it further enacted, That any officer or soldier who hath not been cashiered or superseded. and who hath served the term of three years successively, shall have an absolute and unconditional title Addition for to his respective apportionment of the land appropriax years ser- ted as aforesaid. And for every year which every officer or soldier may have continued, or shall hereafter continue in service beyond the term of six years, to be computed from the time he last went into service, he shall be entitled to one sixth part in addition to the quantity of the land apportioned to his rank respectively.

vice.

bounds.

No locations X. Provided always, and it is hereby enacted, That within their no surveyor shall be permitted to receive any location upon any warrant for lands within the county reserved for the officers and soldiers, until the apportionment and draught for the same, as directed by the act intituled, "An act to adjust and regulate the pay and accounts of the officers and soldiers of the Virginia line on continental establishment, and also of the officers, soldiers, sailors and marines in the service of this state, and for other purposes."

XI. And be it further enacted, That the said offiTheir certificates to be cers and soldiers certificates shall be received in lieu received for of any fees or other monies which may be hereafter due publicpatent to the public for patents for the lands assigned to the said officers and soldiers by law.

fees.

Certain offi.

XII. And be it further enacted, That so many officers includ- cers and soldiers in lieutenant-colonel Lee's legion, or ed in pay & bounty. any other corps, as are credited to the quota of troops required from this state and properly belonging to the same, as also all military staff officers appointed from, and acting in, the Virginia continental line, upon producing to the auditors a certificate in favor of any such officer or soldier from the commissioner of war, shall be allowed certificates for depreciation and arrears of pay, in like manner and upon the same terms as the other troops raised by this state. And the commissioner of war is hereby authorised and required to take the most effectual precautions which he may think proper, precisely to ascertain the claims of such staff officers.

XIII. And be it further enacted, That the navy offi cers, sailors and marines of this state, shall, in all res pects, have the same claims, and be subject to the same restrictions and regulations, in all matters coming with in the purview of this act, as are allowed to the offi cers and soldiers in the land service of the same. So much of the act intituled, "An act to adjust and regulate 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.

Repealing clause.

CHAP. XLVIII.

Chapter LXXXVIII in criginal]

şin act for establishing a district court Chan, Rev. on the western waters.

p. 167.)

cribed.

Supreme

. I. WHEREAS the mode of administering justice Preamble. 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 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. and 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 controuling 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 two assistant judges for the said court, chosen by joint 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 during the recess of the assembly shall be supplied in the The said Their oath. manner pointed out by the constitution.

ges to reside in the district.

Sessions.

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 adjourned till the court in course, and thereupon all causes, matters and things depending before the court shall The first three Allotment of stand continued till the next court. 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 Power as to shall be first tried. The said court shall be a court of deeds and record, and shall, at any time during the term, take cognizance of matters arising within the district respecting 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

different

days.

wills.

All

Caveats and

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 Escheats & forfeitures. also have jurisdiction of all matters respecting escheats and forfeitures arising within the district, and in those cases escheators returns shall be made thereto and other proceedings had therein according to law. caveats against grants for land lying in the said district, 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 depositions 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 subpoenas, on the ninth or seventeenth days: Subpoenas for witnesses, on such days as the suits shall stand docketted to, and the court shall, on the ninth day thereof, regulate all matters respecting the rule docket, and try all disputes respecting bail. At the commencement of every term,

Rule proceedings

when to be regulated.

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 dur ing 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 Their exe practised in the general court. Provided, That there cution respi- 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. day.

ted.

the chance

ral court

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 appearanceRule day's days upon process, returnable to the preceding courts, and shall call over his docket on the same day in every 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 regulated. term, the clerk setting as nearly an equal number thereof as may be, or as the court shall direct, to the days

Rules.

Docket to be

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