§ 12. That all laws coming in conflict with the provisions of this act, be, and the same are hereby, repealed. 1860. This act to be jury. § 13. That it shall be the duty of the circuit, and equity, given in charge and criminal judges of this State, at each term of their to the grand respective courts, to give this act in charge to the grand jury. §14. That this act shall take effect from and after the first day of January, 1861. Approved March 3, 1860. CHAPTER 1307. AN ACT concerning Jefferson county and the Levy Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky: That the levy, and the appropriations therefrom, shall be made by a majority of the justices in commission, residing in the county of Jefferson; and the justices residing in the city of Louisville shall have no vote thereon. Approved March 3, 1860. CHAPTER 1309. AN ACT for the benefit of deaf and dumb women of this Commonwealth. WHEREAS, It is represented to the present General Assembly that deaf and dumb females are liable to be imposed upon, and that some of them may become the mother of an illegitimate child or children, and there being no provisions in the statute law of Kentucky for the punishment of reputed fathers in such cases; for remedy whereof, Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That it shall and may be lawful for any deaf and dumb unmarried white woman of this Commonwealth, who has or may hereafter become the mother of a bastard child or children, to go before the judge of the county court of the county where such birth may or has happened, together with some credible person or persons competent to give testimony in any court in this State, who shall first make out and swear to a written affidavit that he, she, or they are well aequainted with the mother of such bastard child, and that he, she, or they so well understand such deaf and dumb woman by signs, motions, or characters, so perfect, that he, she, or they are not liable to be mistaken. § 2. The person or persons going with such deaf and dumb woman may act as interpreter for her; and it shall be the duty of the judge as aforesaid, to administer an oath to the interpreter that he, she, or they will well and truly How a deaf and dumb fetute proceedfather of her male may insti ings against the bastard child. 1860. communicate to said judge all the information that is communicated to him or her by such deaf and dumb woman, and reveal to him the name of the person that she accuses of being the father of the bastard child; whereupon the judge may administer the bastardy oath, and the interpreter shall communicate the same to the mother of the child. Any person or persons acting as interpreter, as provided for in this act, may be a competent witness on the final trial of such case or cases. Nothing in this act shall prevent either party from perpetuating testimony by interpreters: Provided, That all such witnesses shall be liable for perjury and false swearing, as other witnesses now are by law. § 3. The warrant shall be issued by the judge of the county court on application to him made, as provided for in the foregoing sections of this act, and the trial proceeded with according to the existing laws, except as herein provided for. Approved March 3, 1860. CHAPTER 1311. AN ACT to amend the charter of the Bank of Kentucky. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the provisions in the original charter, and acts amendatory thereto, requiring two of the directors in the principal bank, on the part of the stockholders, to go out annually, be so modified and amended that none shall be required to go out, if the stockholders, at any annual election, shall re-elect all those that were in office the preceding year. §2. That the 8th section of the original charter be so altered and amended that it shall not be necessary to have the bonds of the officers "laid monthly before the directory, and an entry thereof made on record;" but that all the bonds shall be deemed valid, and subject to examination at any time by the directory. Approved March 3, 1860. CHAPTER 1313. AN ACT to amend an act, entitled "An act for the benefit of persons holding lands lying back of other lands, in the vicinity of any of the navigable streams of this State," approved December 6, 1851. Be it enacted by the General Assembly of the Commonwealth of Kentucky: § 1. That the provisions of the act, entitled "An act for the benefit of persons holding lands lying back of other lands, in the vicinity of any of the navigable streams of 1860. § 2. This act shall take effect from its passage. Approved March 3, 1860. CHAPTER 1321.. AN ACT to amend and reduce into one the law in relation to changes of venue in criminal and civil causes in the Circuit Courts. Be it enacted by the General Assembly of the Commonwealth of Kentucky: Changes of venue in crita. cases may be 1. That when a criminal or penal prosecution is pending in any court, the judge thereof may, upon the application of the defendant, order the trial to be had in some had, other adjacent county to which there is no valid objection, if it appears that the defendant cannot have a fair and impartial trial in the county where the proceeding is pending. How applica 1. Such application must be made by petition in writing, verified by the affidavit of the defendant; and if objected tion to be made to or resisted, the applicant must produce and file the affidavits of at least two other 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 open court, during a regular or called term. Proceedings granting the venue. 3. Proof may be introduced for and against the application; but the court may limit the number of witnesses on to be had on each side to seven, and witnesses may be summoned by change of each party to testify on the application, provided that no change of venue shall be granted if objected to or resisted, unless supported by the affidavits, as required in the first section of this bill. §2. If the applicant is in close custody, the order for the change of venue shall be accompanied by an order for his 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. 1860. transmitted. retained. §3. If the applicant is under recognizance for his appearance, or if he is admitted to bail, he shall, before the order is granted, give sufficient bail for his appearance at the proper court, or be surrendered into the custody of the proper officer. § 4. The court or judge may also take recognizances from the witnesses 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 Papers to be court shall immediately transmit the original papers, together with a transcript of the record pertaining thereto, to the clerk of the court to which the removal is ordered, after Copy to be 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 responsi ble. The applicant shall pay the clerk for making such Mileage to copy, and also five cents a mile for necessary travel going and returning in making such transfer, for which he may issue his fee bill as in other cases. elerk. several defendants apply. § 6. If one, or some only of several defendants charged Where one of in the same indictment, apply for or be allowed the change of venue, the original indictment shall be retained and t certified copy sent, which shall serve in lieu of the orig inal. But one change allowed 7. The court to which the removal is so made shal have the same jurisdiction to dispose of the case as wa held and had by that from which it was removed; and i the indictment be quashed or a nolle prosequi entered, a new indictment may be found from time to time, by a gran jury of the county to which the removal is made, and th same prosecuted until the case is finally disposed of, a though the offense had been committed in that county. § 8. Not more than one change of venue shall be allow the same per- ed to any person in the same case. son in the same case. Slave. davit applies to the judge. § 9. A slave charged with felony may obtain the chang of venue herein allowed, upon the application of his ma ter, or upon the application of any one who will becom responsible for the costs of removal, and make and file th affidavits before herein required. § 10. If a defendant to any criminal or penal prosect Proceedings tion, or any other proceeding in behalf of the Commor where a wealth, makes and files with the clerk of the court wher such prosecution is pending, or before some other circu judge, an affidavit stating that the judge of the circu court where such prosecution is pending will not afford hi a fair and impartial trial, or will not fairly and impartial decide his application for a change of venue, and the aff davit so made is accompanied with the affidavits of at lea two reputable persons, not of kin nor counsel for the a plicant, that they believe the statements of the affidavit of the applicant are true, reasonable notice of such application being given to the Commonwealth's attorney, or, in his absence, to the county attorney of the county where such prosecution is pending, thereupon the clerk, or circuit judge before whom such affidavits are filed, shall order a change of venue in such case to the circuit court of some county in an adjoining judicial district most convenient to the parties and witnesses in the case. If the order for such change is made by the clerk of the court, it must be in term time, and he shall enter the same at length upon the records of his court, and shall not make said order until the defendant has complied with all the requirements of the third section of this act by entering into recognizance and giving bail. If the order for said change is made by a circuit judge, it shall not be effectual for the purposes of a change of venue until entered of record in the office of the clerk where said prosecution is pending, and recognizance and bail entered into as required in the third section as aforesaid; nor shall such application be made at any other time than during the term time of some one of the circuit courts in that circuit, and the Commonwealth's attorney for that district have due notice. § 11. If a party to any civil cause, triable by a jury in a Civil cases. circuit or chancery court, verily believes that he cannot have a fair trial in the county where it is pending, owing to the undue influence therein of his adversary, or to the odium which attends himself or his cause of action or defense, he may, by petition in writing, verified by his affidavit, obtain an order of court, or from the judge of the court in which it is pending, for the removal of the cause to the circuit court of some adjacent county. 1. The adverse party, or his attorney, must have reasonable notice, in writing, of the time and place of making the application. 2. If made out of court, the order for removal and petition must be lodged with the clerk within five days. Notice. To what county case to How objection to other cousported. 3. The removal shall be to that county in the circuit, or to an adjoining county in another circuit, which shall best be removed. suit the convenience of the parties and their witnesses, in the opinion of the judge making the order, to which there is no valid objection. The affidavit of the party shall only be valid as to the county in which the action is pending; and if he makes objections to any other county, he must support his objection to such other counties by the affidavits of two or more credible, disinterested persons, not of kin to nor of counsel in the case, who must state that they are acquainted with public sentiment in the county or counties objected to, and that it is such as is stated by the applicant for the change. ties may be sup |