by officers specially appointed for that purpose by the sen ate. 401. The senate shall have power of coercing the attendance of witnesses, and of compelling them to testify, and of coercing the production of books and papers, by fine and imprisonment, to such an extent as shall be ne cessary. 402. Witnesses shall have the same compensation for travel and attendance, and the same exemptions in going, remaining, and returning, as witnesses in the circuit courts, and officers executing the process and orders of the senate shall have like fees for their services. 403. Before the senate proceeds to try the impeachment, the speaker and every senator present shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully and impartially try the impeachment against A B, and give my decision according to the law and evidence." 404. The senate shall determine what amount of absence of a senator during the trial shall exclude the senator from voting in the final decision. § 405. If the accused is acquitted, he shall be entitled to his costs, to be taxed by the clerk of the senate and paid by the treasurer; and if convicted, he shall pay the costs, to be taxed by the clerk and recovered by motion by the attorney general, in the Franklin circuit court, at the first term thereof, without notice, or afterwards on notice. 407. If the impeachment is prosecuted on the petition of some citizen of the commonwealth, whose name is set at the foot of the articles of impeachment, he shall be liable for the costs of the accused if he is acquitted, and also for the costs of prosecuting the impeachment, and in that case the commonwealth shall not be liable to pay any part of the costs; and if the accused is convicted, the petitioner shall be entitled to recover of the accused the costs of the impeachment, for which he is liable; the costs to be taxed by the clerk of the senate, and recovered by suit in a court of competent jurisdiction. 1854. TITLE XII. PROCEEDINGS FOR THE REMOVAL FROM OFFICE OF CLERKS 407. Clerks of the court of appeals, and clerks of circuit, county, and police and city courts, may be removed from office by the court of appeals, upon a written information signed and presented in said court by the attorney general, charging the following causes of removal: 1. Any act, omission, or neglect by such clerk, for which the statutes have prescribed a forfeiture of office. 1854. 2. Any malfeasance in office or neglect of official duty that the court may consider sufficient cause of removal. § 408. Except in the case provided in section 414, there shall be a prosecutor responsible for costs named in the information. The information shall state the offense charged with the certainty required in an indictment; and if there be more than one offense they shall be stated separately and distinctly. $409. Upon the information being presented, the court shall fix a day of trial, and the clerk of the court of appeals shall issue a summons, warning the defendant to appear on that day and answer the information. The summons shall be served by delivering a copy of the summons, and of the information to the defendant, if he be found, and if not, to any deputy or white person remaining in his office by his employment, and if there be none, then by affixing such copies to the door of the clerk's office of the defendant. § 410. The clerk of the court of appeals shall, on request of the attorney general or of the defendant, issue subpœnas for witnesses, and the court may order process for the production of books and papers, and may compel obedience to the subpoenas and other process, and compel witnesses to testify, by fine and imprisonment, to the same extent as circuit courts. § 411. The court may grant continuances or postponement of the trial for sufficient cause. § 412. If the court is satisfied that the prosecutor is insolvent, or a non-resident, security for the costs may be required. § 413. If the court renders a judgment of removal from office against the clerk, a judgment shall also be rendered against him for the costs of the prosecutor; and if the clerk is acquitted, he shall recover a judgment against the prosecutor for his costs. §414. Where a clerk has been convicted by the judgment of a court of competent jurisdiction of an offense, which by the provisions of a statute of Kentucky creates a forfeiture of his office, upon a transcript of the record of such conviction being produced to the attorney general, he shall forthwith file an information, without any prosecutor being named therein, against such clerk, and file therewith the transcript of such record, and thereupon the same proceedings had as upon informations with a prosecutor. § 415. Where an informations is filed against the clerk of the court of appeals, the court may appoint a person to act as clerk during the prosecution, in all matters connected with the prosecution. Approved March 9, 1854. CHAPTER 712. AN ACT to declare the Brushy fork of John's creek, in Pike county, a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Brushy fork of John's creek, in Pike county, be and the same is hereby declared a navigable stream from its mouth to Mark Mainer's; and any person obstructing the same shall be amenable to the laws now in force against the obstruction of navigable streams: Provided, that this act shall not authorize the removal of any mill dams now across said stream. Approved March 9, 1854. 1854. CHAPTER 713. AN ACT authorizing the Secretary of State to furnish the Circuit and Powell county to be furnishwith la W books. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the secretary of state to supply the county and circuit court clerk's offices ed of Powell county, with the revised statutes, code of practice, reports of the decisions of the court of appeals, and other books usually furnished by the state to the clerk's offices of the different counties; and, for that purpose, he may draw from the treasury, on the warrant of the auditor, a sum or sums sufficient to comply with the duties enjoined by this act: Provided, that any books heretofore furnished the county of Powell shall be deducted from the list of books to be furnished under this act. Approved March 9, 1854. CHAPTER 724. AN ACT to provide for the assessment and collection of the revenue and ure. CHAPTER 728. AN ACT requiring turupike, toll bridge, and plank road companies to declare semi-annual dividends. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all toll bridge, turnpike and plank road companies in which the state is a stockholder, shall each, on the first day of January and on the first day of July in every year, make or declare a dividend of the fits of such road, if any, and pay to the stockholders and into the treasury of the state the amount due to each within twenty days thereafter. pro § 2. If any such toll bridge, turnpike or plank road comPenalty for fail pany shall fail or refuse to perform the duties required by this act, the president, directors, or managers thereof shall be fined in a sum not less than one hundred dollars each, and made jointly and severally liable therefor, recoverable by presentment or indictment, or by any person who may sue for the same, and one half of the sum recovered shall be for the use of the person suing, and the other half to the state. This act shall take effect from the first day of August, 1854. Approved March 9, 1854. Rev. Stat., 167. Venue in criminal cases may be changed. When applica tion to be made Proof required. CHAPTER 729. AN ACT to amend the law in relation to a change of venue in criminal cases. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the first section of chapter 13 of the Revised Statutes, entitled, "Change of Venue," be repealed. § 2. That when a criminal or penal prosecution is pending in any court, the judge thereof, upon the application of the defendant, shall order the trial to be had in some other adjoining county to which there is no valid objection, if it be made to appear that the defendant cannot have a fair or impartial trial in the county where the proceeding is pending. i. The application must be made in open court during a regular or called term, by a petition in writing verified by the affidavit of the defendant, after reasonable notice in writing to the attorney for the commonwealth, or, in his absence from the county, to the attorney for the county. 2. Proof may be introduced for and against the application; but the court may limit the number of witnesses on each side to five, and witnesses may be summoned by each party to testify on the application. But no change of venue shall be granted unless two disinterested witnesses, not of kin to or counsel for defendant, shall, in their testimony, sustain the statements of the petition. 3. In making the order for a change of venue, the court shall order the trial to be had in that county in which the judge believes there is the greatest probability of an impartial trial, without favor to or prejudice against the defendant, being had, giving preference to counties of the same judicial district. Approved March 9, 1854. CHAPTER 733. AN ACT to declare the Trace fork of Licking, in Floyd county, a navigable stream. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the Trace fork of Licking river, in Floyd county, be and the same is hereby declared a navigable stream from its mouth to the lower end of John Allen's farm; and any person obstructing the same shall be amenable to the laws in force against the obstruction of navigable streams: Provided, nothing in this act shall subject the owners of mill dams now across said stream to the penalties of the law. Approved March 9, 1854. CHAPTER 734. Appropriations to lunatic asy ton. Vouchers to be filed. AN ACT for the benefit of the Lunatic Asylum at Lexington. Be it enacted by the General Assembly of the Commonwealth tof Kentucky, That the auditor be and he is hereby directed lum at Lexing to draw his warrant on the treasurer in favor of the superintendent of the lunatic asylum at Lexington for ten thousand dollars, for the purpose of re-building that portion of the said asylum that was consumed by fire; and, also, the sum of five thousand dollars for the purpose of heating the said asylum with steam; and the sum of two thousand five hundred dollars for repairs to roof and guttering, and building fence around said asylum: Provided however, that the directors for said asylum shall report to the auditor of public accounts the amounts expended by them, and file vouchers for payments with the auditor; and if any surplus is left in their hands they are directed to pay over the same to the auditor, to be by him placed to the credit of the state. The directors of said asylum shall, from time to time, insure said buildings in some good insurance office or offices at the highest amounts said insurance can be obtained, and pay the premiums therefor out of the funds of the institution. Approved March 9, 1854. Buildings to be insured. |