1809. IN FORCE FROM ITS PASSAGE. AN ACT to amend the acts to establish the General Court: Approved January 31, 1809.-4 Litt. 21. SEC. 1. Be it enacted by the General Assembly, That for the purpose hereinafter mentioned, each circuit judge shall be considered as bearing the number annexed to his district, agreeably to the arrangement made by the act passed at the last session of the general assembly; and that it shall be their duty to attend the general court by threes at a term, according to the following arrangement, viz. the first three numbers to attend at the next spring term, the next three at the succeeding fall term, and so on in succession, combining the last with as many of the first as shall make the required number, three, and so on in rotation forever. And should it so happen that all the three should not attend at a term, or on any day of a term, the business shall not be thereby obstructed, but such of them as shall attend may form the court and proceed. to attend,whose duty it is to at tend, his salary subject to a deduction of $10 per day. Unless his ab sence was oc casioned by the sickness of himself or family, or other una voidable cause. Provided, one judge may pro SEC. 2. Be it further enacted, That if any circuit judge shall Ifany judge fail fail to attend the general court at any term or day thereof, when it shall be his duty to attend it, either from the provisions of this or any other law of this Commonwealth, or shall fail to attend any circuit court in the district to which he may belong, his salary for that year shall be subject to a deduction of ten dollars per day for every day he shall so absent himself, unless it shall be shown by affidavit to be filed with the auditor that such absence was occasioned by sickness of himself or dangerous indisposition of his white family, or by his necessary attendance on some other court, or some other unavoidable cause: Provided, however, That if a circuit judge shall find it inconvenient to attend at a term of a circuit court, or a term of the procure general court, to which he shall stand appointed, and shall the attendance and service of another circuit judge in his stead, it shall be lawful for the procured judge to officiate in the room of the other, and shall exempt such absent judge from a deduction of salary for the term thus supplied, as though he had served in person. And it shall be the duty of each clerk of a circuit court, and the clerk of the general court, immediately after each term, to certify to the auditor of public accounts the name of any circuit judge who shall fail to attend court agreeably to law, either in person or by proxy as agreeably aforesaid, together with the time and number of days of such absence, which certificate may be transmitted to the auditor by mail, the - postage to be paid by the clerk and to have a credit for such postage in settlement of his accounts with the auditor; and the auditor VOL. I. 67 cure another to officiate in his room. Clerks to certify to auditor the name of any circuit judge who shall fail to attend court law, to Auditor in issuing a war rant to make the deduction. [See act of 1834 at the end of this title.] issuing the warrant next after the receipt of such certificate shall observe and make the deduction pursuant to the provisions aforesaid. SEC. 3. [And be it enacted, That each term of the said general court may continue until the business before them shall be disposed of;] and if on any day or days the court shall not be opened, the term shall not be thereby ended, but when the judge or judges shall term attend, he or they may cause the court to be opened, and proceed as though the interruption had not taken place. If court not opened, not to be ended. Suits may be removed SEC. 4. The general court may hold jurisdiction of, and proceed in any cause, which, by the consent of the parties shall be removed federal court by to it from the circuit court of the United States for the Kentucky consent. from district. 1813. writs of man IN FORCE FROM ITS PASSAGE. AN ACT to give the General Court additional jurisdiction in certain cases, and for regulating the proceedings in writs of Mandamus: Approved Jan. 8, 1813. 5 Litt. 11. SEC. 1. Be it enacted by the General Assembly of the CommonMay grant wealth of Kentucky, That the General Court shall have power and damus in cases jurisdiction, to grant writs of mandamus in controversies between between citi- the citizens of this Commonwealth, in the same manner and for the in same manner same causes, that they may, according to law, grant such writs upon as to non-resi- the application of a non-resident, and that like proceeding shall be had in both cases. zens of this state dents. Persons ap plying for such writ may tra verse the truth of the return. A jury to be empannelled & sworn to try the truth of the facts, and how governed. SEC. 2. And be it further enacted, That it shall be lawful for the person or persons, at whose instance a mandamus has been, or may be hercafter issued in any case, to traverse the truth of the whole, or any one or more of the facts, asserted in the return made to such writ, by the court or officer to whom the same may have been directed, the traverser concluding the same by an appeal to the county for the trial of the contested facts, upon which issue may have been taken by such traverse. A jury shall be empanneled, and sworn by order of the court having jurisdiction thereof, subject to the same rules and regulations, and with power to such courts to superintend and control such jury, by instructing them in points of law which may arise in the course of such trial, or of granting new trials in the same manner, and to be governed by the same principles, which are applicable to the trial by jury in other cases at common law. SEC. 3. And be it further enacted, That it shall be the duty of On the finding of the jury, the such court, entertaining jurisdiction as aforesaid, upon the result of court to pro- any such finding as aforesaid, to pronounce judgment thereon in nounce judgaccord- favor of either party, according to law, and to award judgment for the costs of suing out and prosecuting or defending such mandamus ment ingly. as the case may be, in favor of the successful party, upon which execution shall, and may be issued as in other cases. 1821. IN FORCE FROM FIRST OF JANUARY 1822. AN ACT to regulate the times of holding Circuit Courts, County Courts, and the Ir shall be the duty of the Judge of the 5th judicial district to attend the terms of the General Court, and, with such other Judges as shall attend, to hold the said court. 1822. IN FORCE FROM ITS PASSAGE. AN ACT further to regulate the General Court: Approved November 26, 1822. Judge of the 12th district to SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Judge of the hold twelfth judicial district to attend the general court at each term court. thereof, with such other judges as may be allotted to perform that duty. 1825. general IN FORCE FROM ITS PASSAGE. AN ACT to regulate and curtail the jurisdiction of the General Court: Approved Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter the General Court shall not take jurisdiction of any suit, cause or controversy, at law or in chancery, between non-residents and the citizens of this State, where the sum in contest is of smaller value than five hundred dollars; (a) unless the parties shall consent and agree thereto, which consent and agreement shall be in writing, any law to the contrary notwithstanding: Provided, however, that nothing herein contained shall be so construed as to affect the jurisdiction of the said court over such suits or causes as are now depending before said court. (a) Since the above act, the general court has no jurisdiction for a less sum than five hundred dollars between a non-resident and a citizen of Not to take jurisdiction of sums under 500 dollars between non-residents and citizens unless by consent. the state.-Morgan v. Froth & Needles, 1 J. J. Mar. 94. 1830. Judge of the 4th district to hold the general court. IN FORCE FROM ITS PASSAGE. AN ACT to alter the time of holding certain Circuit Courts: Approved January 29, 1830.-Session Acts, p. 219. SEC. 5. Be it further enacted, That the judge of the fourth judicial district shall constantly make one of the judges to hold the General Court. 1834. General court, IN FORCE FROM ITS PASSAGE. AN ACT to regulate the terms of certain Circuit Courts, and for other purposes: SEC. 7. The General Court shall hold its terms, commencing on when to be held the first Monday in January, and the Tuesday succeeding the second Monday in August in each year, and continue twelve juridical days if necessary. [For the effect of a failure to hold any term of the General Court prescribed by law, upon motions authorized to be made therein-see page 357, ante.] TITLE 57. SUPREME COURT. 1816. IN FORCE FROM ITS PASSAGE. AN ACT to provide for carrying into effect the decrees and judgments of the late Supreme Court for the district of Kentucky: Approved February 10, 1816.5 Litt. 419. SEC. 1. All final decrees and judgments of the late supreme court for the district of Kentucky, rendered in any suit in chancery or action at law, where the original or mesne process was executed on the defendant or defendants, or where publication was previously had against the defendant or defendants, as then directed by law, shall not be questioned or reversed by writ of error or appeal, or by bill of review, or any bill to effectuate and execute such decrees or judgments, in any court of this Commonwealth. Decrees and judgments of late supreme court not to be questioned. How to be effectuated. Circuit court to to appoint commissioners convey land. SEC. 2. The complainant or complainants in chancery, may file a copy of the record of the suit in chancery in which such final decree is rendered, in any circuit court of this state; and if such decree is for the conveyance of land, and the party in whose favor it was made has been in possession thereof under said decree, during the term of twenty years, he, she or they may produce his, her or their title papers, referred to in the bill, or appearing in the record, and may move such court for the appointment of one or more commissioner or commissioners, to convey the land so decreed to be conveyed; and said commissioner or commissioners shall, as such, convey said tract to the complainant or complainants; and when said conveyance is reported to said circuit court, and is approved by the judges thereof, it shall be acknowledged by the commissioners before the clerk of any county court, and recorded in the county where the land lies, and shall be sufficient to pass the legal estate, and to vest the same in the complainant or complainants, to all intents and purposes; and shall be as sufficient to bar and overreach all mesne con- veyances barveyances, made pending or subsequent to the contest, by the defendant or defendants, as it would have been, had said decree been effectuated by the said late supreme court; and from the appointment of said commissioners, and their report of conveyance, and all Deeds to be recorded. red. Mesne con No writ of error or appeal to be taken. |