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1860.

term.

Equitable

Order void,

unless expense

paid in 10 days.

Papers, &c.,

to be transmitted.

4. The order may be made subject to such equitable terms and conditions as safety to the rights of the parties may seem to require and the judge in his discretion may prescribe.

5. The order shall be void, unless the party obtaining it does, within ten days, pay to the clerk a sum sufficient to Cover the expense of travel in making the removal.

§ 12. Immediately on the making or receipt of the order, the clerk shall make out a transcript of the record pertaining to the cause, which, with the original papers therein, he shall, as soon as practicable, carry or send by some discreet person to the clerk of the court to which the cause is removed the former being responsible for the conduct of the person employed.

§ 13. If the papers are transferred ten days before the When case to first day of the next term of the court to which the cause is removed, it shall stand for trial at that term, otherwise not until the term next succeeding.

stand for trial.

By consent.

§ 14. The parties to any suit may, by consent, have an order in or out of court for its removal to any other court. § 15. The court to which a cause is removed shall have Power of court the same power as to its trial and final disposition as that from which it came, and no exception to the original jurisdiction of the latter shall be allowed in favor of the party obtaining the removal.

to which cause is removed.

One change for

§ 16. There shall not be more than one order of removal the same party of the same cause at the instance of the same party. § 17. The clerk shall be allowed five cents a mile going and returning for traveling expenses in making the removal.

in the same ease:

to pay mileage.

§ 18. The party upon whom notice has been served of Party failing an intended application for a change of venue shall be allowed three cents a mile going and returning, if he attended, and the applicant does not make or fails in his application-which sum may be coerced by execution or attachment.

term.

§ 19. At the appearance term of a civil suit, if a party Appearance desires a change of venue, he shall state the facts and reasons therefor on oath, which shall be good cause for a continuance, if deemed sufficient by the court, provided the application for a change of venue be made during the said

agree upon

a

term.

§ 20. If, from any cause, the judge of the court cannot Parties may properly preside in any civil action, the parties to such pro tem. judge. action may, by agreement, select some one of the attorneys practicing at that court to try the same, and thereupon the attorney so selected shall have all the power, and be sworn and subjected to the same penalties, as the regular judge; but if the parties fail to make such agreement, the judge shall order the venue in said case to be changed to the

nearest county in some adjoining circuit most convenient to the parties and their witnesses.

1860.

Where objeetion is to the

another district

§ 21. If a party to any civil action shall make affidavit that he verily believes the judge of the court will not do judge, venue to him justice in the case, and procures the affidavits of at be changed to least two other reputable persons, not of kin to nor of counsel for the party, to the effect that they concur in the opinion of the applicant that the judge will not do him justice in the case, and files said affidavit with the clerk of the court where such action is pending, or present the same to some other circuit judge, it shall be the duty of such clerk or judge to make an order changing the venue in said action to the nearest county in some adjoining judicial district in which a speedy trial can be had. Reasonable Notice. notice in writing must be given to the adverse party of the intended application; and the preceding sections of this act, in so far as the same are applicable, shall govern in changes of venue in cases mentioned in this section.

penal prosecu

elected

§ 22. In criminal or penal prosecutions, if the judge of In criminal or the court where the same is pending, from having been of tions. special counsel in the prosecution or defense, or relationship to the judged in cer party, or from any other cause, cannot properly preside, or tain cases. declines to sit in the case, it shall be the duty of the clerk to hold an election for a special judge to try the case. The members of the bar present at the time, and not of counsel for the defendant, shall be eligible to vote at said election, and the said special judge shall be sworn and have the same power, and be subject to the same penalties, as the regular judge. If said special judge fails to act as such, or if no such election is had, the case may be continued, and the clerk of the court shall enter the fact and cause of continuance on the record, and certify a copy of the entry to the Governor of the Commonwealth, who shall forthwith assign some other circuit judge to hold a special term of said court as soon as possible, the time thereof to be fixed by such appointee for the trial of the accused; and for his services in holding said court said judge shall be allowed his expenses in going to and from the place where it is held, and ten dollars per day while there, to be paid Pay to judge. by the Auditor, on the affidavit of said judge as to the

number of days employed.

23. This act to take from its

passage.

Approved March 5, 1860.

If special judge fails to act. Gov.may assign some other cirouit judge.

18

1860.

CHAPTER 1325.

AN ACT supplemental to an act, entitled "An act to apportion representation." Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That the act to apportion representation in the Senate and House of Representatives in this Commmonwealth, passed at the present session of the General Assembly, be so amended as to give one member in the House of RepresentaPike and tives to the counties of Pike and Letcher, and one member to the counties of Harlan and Perry; and so much of said act as gives one member to Pike county, and one to Perry, Letcher, and Harlan, be, and the same is hereby, repealed.

Letcher.

Harlan and

Perry.

Clinton.

§ 2. That the county of Clinton shall constitute no part of the sixteenth Senatorial district; but the same is hereby attached to the seventeenth Senatorial district, and shall vote with the counties of Wayne and Pulaski in the election of a Senator. The fifteenth Senatorial district shall be 19th senatorial composed of the counties of Mercer, Jessamine, and Boyle. Eighteenth district, Garrard, Lincoln, and Casey. Nineteenth district, Washington, Marion, and Taylor.

15th, 18th, and

districts.

Boyle.

Russell.

§ 3. That the county of Boyle shall have one member in the House of Representatives; Casey and Russell one: Casey and Cumberland and Clinton one, instead of Cumberland havCumberland ing one, Russell one, and Casey and Boyle one; and so much of said act as is in conflict herewith, is repealed. § 4. This act to be in force from its passage.

and Clinton.

Approved March 5, 1860.

lished.

Boundary.

CHAPTER 1326.

AN ACT to establish the county of Wolfe.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That from and after the first day of July, 1860, so County of much of the counties of Morgan, Breathitt, Owsley, and Wolfe estab- Powell, as lies within the following boundary, shall be, and the same is hereby, erected into and established a separate and distinct county, to be called the county of Wolfe, viz: Beginning at the Standing Rock corner, between Owsley, Estill, and Powell counties; thence running on a straight line to the mouth of Wolf-pen Branch, where the same empties into the north fork of Red river, below Powell Roe's old farm; thence on a straight line to where the State road strikes the Morgan line, near the Latham farm, on the dry ridge; thence with the State road to where it forks on Black Water creek, near the residence of Allen Day, so as to exclude said Day; thence a straight line to the top of a point (so as to exclude Arch. Day) on the divide between Black Water and Red river; thence with said divide to the divide between Red river and Grassy creek; thence with said

divide, opposite the mouth of Gillmore creek; thence up the point, between Gillmore and Red river, to the Breathitt line; thence with the said Breathitt line to the head of Halley creek; thence a straight line to the Owsley county line, to where it crosses the north fork of said river; thence down said north fork to the mouth of the Log Shoal branch; thence a straight line to the beginning.

1860.

Seat of jus

Campton.

Com'rs to

justice.

§ 2. The seat of justice for Wolfe county shall be, and the same is hereby, located at or near Swiftsville, (now tice. Morgan county,) at a point to be agreed upon by the commissioners hereinafter appointed, and the name of said seat of justice shall be Campton. Dr. Clark, of Powell county, S. R. Turner, of Morgan county, William Day, of Breathitt county, and Major Hampton, of Owsley county, and Thos. locate seat of Sewell, of Breathitt, a majority of whom may act, are hereby appointed commissioners to locate the seat of justice. Said commissioners shall meet at the residence of C. M. Hanks, on the first Monday in June, 1860, whence they shall proceed, if necessary to make an examination of the ground, and shall perform the duties herein assigned them, and execute and sign a written certificate of the same in duplicate-one of which duplicates shall be transmitted by them to the Secretary of State, and the other shall be deposited into the hands of S. R. Turner, who shall deliver the same to the clerk of the Wolfe county court, whose duty it shall be to record the same in his office.

County to be divided into

four justices' districts; Commio. missioners to

and election

§3. The county of Wolfe shall be divided into four districts, in each of which there shall be elected two justices of the peace and one constable, which districts shall also be election precincts. Said Dr. Clark, S. R. Turner, Major Hampton, William Day, and Thomas Sewell are appointed commissioners, who, after taking an oath faithfully to discharge their duties as such, shall lay off and designate the place of voting in each. A majority of said commissioners may act; they shall meet at the residence of C. M. Hanks, on the Wednesday after the first Monday in June, 1860, or as soon thereafter as may be convenient, and proceed to perform the duties imposed upon them by this act, and may adjourn from time to time, and place to place, until they shall complete the same. They shall lodge a certified copy of the boundaries of said districts in the hands of S. R. Turner, who shall hold the same in safe-keeping until a clerk of the county court of said county shall have been elected; and then it shall be delivered to said clerk, who shall file and record the same in his office; and they shall forthwith transmit another certified copy thereof to the Secretary of State, who shall carefully preserve the same in his office; they shall also designate in each of said districts two suitable persons to act as judges, and one in each to first election. act as clerk, and one in each to act as sheriff of the elec

Officers of

1860.

Polls to be Compared.

tion of a circuit court clerk, a county court clerk, a sheriff, an assessor, a surveyor, a jailer, a coroner, a presiding judge of the county court, and a county attorney, also for two justices of the peace and one constable for each district for said county, which election shall be held on the first Monday in August, 1860; before entering on their duties respectively, each judge, sheriff, and clerk of the election so designated, shall take an oath faithfully to perform the duties required of them by this act; those who may act as sheriffs aforesaid shall meet at the residence of C. M. Hanks, in the county of Wolfe, on the second day after said election, and, after carefully comparing the polls, shall sign two certificates of the election, designating the name of each person having the highest number of votes, and the office to which he shall have been elected, one of which shall be lodged in the hands of S. R. Turner, who shall cause it to be recorded in the clerk's office of the county court of, Wolfe county, and the other of which they shall forthwith transmit, by mail or otherwise, to the Secretary of State, where it shall be carefully preserved, whose duty it shall be forthwith to cause commissions, to be issued to those persons Officers to be named in the certificate, to each for the office to which he shall have been elected.

commissioned.

§ 4. Each of said officers shall take an oath, and when Take oath and by law required, execute bond according to existing laws execute bonds in reference to similar officers, and thereupon their official when required by law. acts shall be obligatory to all intents and purposes, if done in accordance with the laws of this State. They shall hold their offices respectively until the next regular election for Term of their like officers, and until their successors shall have been elected and qualified: Provided: That the sheriff so elected shall hold his office for the term of two years, and until his successor shall be elected and qualified.

offices.

Jurisdiction

§ 5. The counties of Morgan, Breathitt, Owsley, and of Owsley, Mor Powell, before this act takes effect, shall have jurisdiction gan, Powell, & in all things, as though this act had not been passed.

Breathitt coun

ties.

public ground

§ 6. The presiding judge of the county court, and the jusCounty court tices of the peace of said county of Wolfe, a majority to purchase of said justices being present, shall be, and they are and cause to be hereby, authorized and required to make suitable selection erected public buildings. of lots or parcels of ground, at the place selected and determined upon for the seat of justice for said county, and purchase, or accept the same on donation, if tendered by the owner or owners thereof, for the erection of public buildings for the seat of justice for said county; and it shall be the duty of said county court to make provisions for the payment of the purchase money for said lots or parcels of ground, and cause a suitable court-house and jail, and such other public buildings as they may think proper to be erected, at the expense of said county. The means for

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