1831. Sec. 14. Be it further enacted, That the gate keeper shall be subject to removal, at the pleasure of the comCommission missioners, and that the commissioners shall be subject to removal by the county court of the county in which they shall live. Provided, however, That they shall have at least ten days notice of any application for their removal: And, provided further, that there shall be a majority of the justices of the peace upon the bench, when said trial shall be had, a majority of whom shall concur in the removal. ers and gate keepers may be removed from office. Proviso. Six terms to be held in Jefferson, for the trial of pleas of the common wealth. CHAP. DI. AN ACT to regulate the criminal terms of the Jefferson Circuit Court. Approved, January 15, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the judge of the Jefferson circuit court, shall hold six regular terms of said court, for the trial of pleas of the commonwealth, only of twelve juridical days each, on the second Mondays in February, April, June, August, September and December, in each and every year. That said court shall sit twelve juridical days at each of the said terms, if the business shall require it. And the sheriff of the county of Jefferson, and a competent number of his deputies, shall attend said criminal terms of said court; and the sheriff and his deputies shall summon a grand jury to attend, and the grand jurors so summoned, shall attend each of said terms, until discharged by the court. Sec. 2. Be it further enacted, That if any person Court may fix or persons, shall be indicted and not tried at either of a day for tri- the terms aforesaid, the said court shall have power, al, in the succeeding term, and it shall be lawful to appoint a day to try said case, of persons in- in the next succeeding term, and order a venire facias dicted at a preceding term, &c. Court may to issue, returnable on that day; and that subpoenas for witnesses, and all other process in said case, shall issue and be made returnable on the same day. Sec. 3. Be it further enacted, That when any person or persons, shall be indicted and not tried at either appoint spe, of the said regular criminal terms, the said court shall criminal trials have power to appoint a special term of said criminal cial terms for 1 ་ 1831. court, for the trial of any or of all such cases, on the second Monday in any mouth, in which a common law or chancery term of said circuit court shall not be held, which special term shall not be held longer than twelve juridical days; and when a special term shall be so appointed, the court shall fix the days of trial, and process shall be issued and made returnable, as is directed in the second section of this act. Sec. 4. Be it further enacted, That the Jefferson Jefferson circircuit court, at any of the terms of said court, for the cuit court trial of civil actions, may take all necessary steps, and common law make all necessary orders, to prepare chancery causes terms, make for trial; and at the terms of said court, for the trial of orders to prechancery causes, may take all necessary steps, and make all necessary orders to prepare common law trial and vice causes for trial. may, at its pare chance ry suits for versa. CHAP. DII. AN ACT to authorize Thomas Taylor, jr. and the heirs of Approved, January 15, 1831. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Thomas Taylor, jr. and the heirs of George Shrader, dec'd. be, and they are hereby authorized, to build a Mill Dam, and the same to keep in repair, six feet high, across Rough creek, at their mill seat, lately purchased by Alexander Burnett, in Ohio county; and they are hereby authorized to erect such other works, on said stream, as may be necessary, to carry into effect, a water, grist and saw mill; but if it should appear hereafter, that said dam obstructs the navigation of said stream, the county court of Ohio county, shall have power to require the owner or owners of said mills, to put a lock or slope in said dam, or take such other measures as will remove the obstruction; and on failure of the owner or owners of said mills, to comply with the order of said court, when made as aforesaid, the said court shall have power to order the sheriff of said county, to demolish said dam. CHAP. DIII. AN ACT to legalize the proceedings of the Whitley and Approved, January 15, 1831. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the proceedings of the County court of Whitley county, held in March last, be, and the same is hereby declared as valid, as if the same had been held on the day prescribed by law, and the proceedings are hereby declared legal and binding. Sec. 2. Be it further enacted, That the proceedings of the county court of Laurel, held in April last, be, and the same is hereby declared as legal and binding, as if the same had been held on the day prescribed by law. CHAP. DIV. AN ACT authorizing the sale of the Baptist Meeting Approved, January 15, 1831. WHEREAS, it is represented to the present General Assembly, that the Baptist meeting house, in Mountsterling, is too small, and situated in an inconvenient part of said town; the members of which, are very anxious to dispose of the same, with a view of erecting another in a more convenient and eligible part of said town: Therefore, Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Enoch Smith, Harvey Wilson, Kenaz Farrow, Buckner H. Payne and George S. Hampton, (or any three of them,) are hereby authorized to sell and convey the house and lot, called and known by the name of the Baptist meeting house, in Mountsterling; and the proceeds of said sale, shall be received and appropriated towards the erection of another meeting house, in said town, according to the preamble of this act. CHAP. DV. AN ACT to change the venue, in the cases of James M’- Approved, January 15, 1831. 1831. WHEREAS, it is represented to the present Gen- Recital. eral Assembly of Kentucky, that James M'Kinney, junior, stands indicted in the Meade circuit court for felony: And, whereas, it appears that all, or nearly all of the witnesses, both for and against the prosecution, reside in the counties of Muhlenburg and Christian, and owing to the great distance they cannot be got to attend on the part of the Commonwealth: And, whereas, said M'Kinney, has attended several times, and entered his appearance in the court aforesaid, and demanded a trial, yet, on the account of the absence of the witnesses aforesaid, the cause has been continued by the Commonwealth's prosecutor, at the great expense and disappointment of the defendant: And, whereas, said M'Kinney is anxious that he may have a speedy and fair trial: Wherefore, SEC. 1. Be it enacted by the General Assembly of the A change of Commonwealth of Kentucky, That a change of venue venue grantbe granted and allowed to said M'Kinney, to the coun- to Muhlened M'Kinney, ty of Muhlenburg; and it shall, and may be lawful, burg county for said M'Kinney, to appear at the court house in if he shall so said county of Muhlenburg, on the first day of the elect. next term of the circuit court, to be holden in, and for said county, and deliver himself up to the sheriff thereof, to answer to the said indictment; and it shall be the duty of the said sheriff, to present the said M'Kinney, to the said circuit court; and upon the said M'Kinney entering of record his willingness to be tried in said court, it shall be the duty of the court to take cognizance of the said indictment in the same manner and under the same rules and regulations of law, as though the offence with which the said M'Kinney is charged, had originated in the said county of Muhlenburg; and in all respects, the said court shall have, and possess the same power and jurisdiction to try the Court of said M'Kinney, on said indictment, pronounce judg- invested with Muhlenburg ment, and cause the same to be executed, as they jurisdiction would have had and possessed, if said offence had been to try the committed in said county of Muhlenburg; and the case, &c. prosecution shall proceed in the same manner, and the 1831. clerk and sheriff of Meade. same challenge be had, as could have been had in the county of Meade. Sec. 2. Be it further enacted, That it shall be the Duty of the duty of the clerk of the circuit court of the county of Meade, to make out full and complete copies of all the orders made in his court, in said prosecution; and shall forward them, together with all writs, bonds, recognizances, indictment or other papers therein, by the sheriff of his county, to the clerk of the Muhlenburg circuit court, taking his receipt for the same; which duty, shall be performed by the said sheriff, with all Compensa possible despatch; and he shall be allowed six cents per mile, for going to, and returning from Muhlenburg county, to be paid out of the public Treasury. tion to the sheriff. Penalty on said clerk and sheriff, for a failure to do their duty. Clerk of Sec. 3. Be it further enacted, That if the clerk or sheriff of the said county of Meade, shall fail to comply with all, or any part of the duties enjoined on them, by this act, each, or either of them so failing, shall be liable to a fine of one hundred dollars, recoverable by reasonable notice and rule of the court to that effect; which fine or fines, shall be applied as other fines of ́the like nature, are now applied by law. Sec. 4. Be it further enacted, That the clerk of the Muhlenburgh circuit court, shall be, and he is hereby Muhlenburg authorized to issue a venirie facias, subphnas, and all other necessary process, as though the said prosecution had commenced in his own court. to issue all necessary process. tal. And, whereas, William Palmore, stands indicted in Further reci- the Warren circuit court, for perjury, and owing to the prejudices existing against him, and the influence of the prosecutor against him, in said county, he is apprehensive that he cannot have a fair and impartial trial: Therefore, A change of sections, to Sec. 5. Be it further enacted, That a change of venue allow venue be granted, and allowed to the said Palmore, to ed Palmore to the county of Butler; and all the provisions of the Butler county foregoing sections, relating to the case of the said M'Provisions of Kinney, shall apply to the case of the said Palmore; and the preceding the clerks and sheriffs of Warren and Butler counties, shall perform the same duties, as those of Meade and proceedings Muhlenburgh; and the circuit courts of Warren and Butler, shall make the same orders, and have the same jurisdiction in the case of said Palmore, as the circuit courts of Meade, and Muhlenburg shall make, and have, in the case of the said M'Kinney. govern the in his case, as far as applicable. |