The Kentucky gazette — Lexington [Ky.], 1798-03-28 00:00:00, page 2

' Ad frtfcriiing the mode of ob
taining Wins of Cixtioxaxi de
claring the jcafes i which thoje writs
JbaUijfxe oni for other pttrpefts
Approved February 7 178
W’HEREas various opinions iisve
W heretofore been entertained re-
fpedting the manner bf obtaining
writs of Certiorari and the cities
wherein thnfe wi its Ihoiild iflue 1 and
whereas from a late decifion of the
gneral court of this (late confe-
Suences are feared tending to impede
kedcriliim of land queftions which
vere intended to be the principal Tub
jcW ofjurifdiftion in the feveral dif
trift courts within this common
wealth : for' remedying whereof and
declaring the law on the fubjefts
aforefaid
’ i Be it tnaflcti by tht General AF
ft mb I) That the party driiring fucli
writ or writs (ball by petition to a
ny one judge of the dftrift courts
fet forth the reafbn of his defiring
fuch writ or writs and fliall make oath
before a magiilrate of the truth of the
allegations of bis petition and then
the faid judge may under his hand
order and award fucliwrit or writs to
the party praying the fame and the
clerk of the dittri A court from which
fuch writ or writs fliall iflue fliall care
nlly file fuch petition and affidavit in
his office and lhall take bond frotrf
the petitioner in fucli penalty and
with fiicb fecurity as fliall be direft
ed by' the faid judge awarding fuch
writ or writs conditioned for fa isfy
ing and paying all fuch fum or Cams
of money and cods as fliall be ad
judged to the adverfe party in the
caufe or esufes fo to be removed and
thereupon the clerk may iflhe fuch
wiit or writs but not otherwife
$ 3 No writ or writs of Certiora
ri whatfoever (hail be granted where
the matter in difpute was not oiigi
nally cognizable in the dillrift courts
and if any caufe or caufes be remov
ed or flayed by any fuch writ or writs
and afterwards the fame caufe or
caufes fliall be remanded or fent back
again by any writ of procedendo' or
other writ whatfoever fuch caufe or
caufes fliall never afterwards be re
moved or itayed before judgment
by any writ or writs to be fueiT forth
fronr any of the officer of the didrift
courts
j 3 And to prevent obtaining any
Writ or writs of Certiorari by fur
prize the party praying fuch writ
in any civil caufe lhall give notice
to the adverfe party of the time and
place of his moving or petitioning
for fuch writ or writs at lead ten
days before fuch motion or petiti
on and no fuch writ lhall at ‘any
time be granted without producing
an affidavit of fuch notice -!
4 No writ nr writs of Certiorari
fliall be received or' allowed by the
judiees of any inferior court or to
whom any fucli writ or writs fliall ’be
direfted or 'delivered after iflue or
dentnrer joined in the caufe or caufes
depending in fuch courts and intend
ed to be removed by fuch writ or
writs but they may and lhall pro
ceed in fuch caufe or caufes as
though no inch writ had been fued
forth or delivered to them or any of
them
$ No caufe or caufes fliall be re
moved by any writ or writs of Certio
rari from any inferior court to any
didrift court within this commmon
wcaltli unlcfs the petition for fuch
writ or writs fliall date (and be Tup
ported as aforeikid by the affidavit of
the petitioner or petitioners) that he
Ihe or they is pr are advifed and doth
verily believe that the point on
which the caufe will probably be de
termined is new and difficult and
has not been judicially decided by ti
ny of the fnperio'r courts within this
commonwealth or that the judiees pr
lome one uilice of the inferior court
before which fuit orfnitsfodefired to
be removed is depending is intereft
ed or prejudiced or that thelheriff
or coroner (in cafe the iheriff be a
party) is interefted or prejudiced or
that the adverfary of the petitioner
has undue influence over the minds
of the citizens oF the county where
fuch fuit oi fuits is depending or that
the petitioner is fo odious that he
does not expeft a fair verdi A or that
his defence is odious though legal
j 6 N0 writ or wriri ot Certiorari
lhall be granted to a plaintiff in any
caufe whatfoever
f 7 No writ or writs of Certiorari
lhall be received or allowed in any
Inferior court when granted to a dc
TT7
fend ant unlefsthe Taid defendant
lhall firft pay to the clerk of the court
fortheufeof the plaintiff all legal
coda accruing to the plaintiff in'fnch
inferior court 'v
j 8 And be it farther onaBed- That
in all fuits not cognizable in the didrift
courts of this commonwealth where
cither of the parties lhall conceive
(hat he (he or they will pot-receive a
fair trial in the court where fncli fuit
is depending owing' to the inrereft
or prejudice of anyjudice or judiees
of the Paid court or to the filtered or
prejudice of the flicriff or coroner
where the Iheriff or coroner is a party
or to the undue influence of his her or
their adverfary or adverfaries 5 or to
:o the odium which attends the Ibid
parly or that his her or their caufe
of aftion or defence though legal is
odious : it lhall and may be lawful
for the party fo fufpefting he fhe or
they will not receive judice in the
court then fudaining the faid fuit
owing to the faid caufes or any of
them at any time to petition a judge
of the didrift rourts lor a change of
venire for the faid caufe which peti
tion fliall 'diilinftly fet forth the
caufe why fuch fearisenrertained'and
be fupported by the affidavit of the
petitioner or petitioners And it
lhall and may be lawful for faid judge
on receipt of faid petition fupported
by the affidavit aforefaid under his
hand to award ' a change of venire
and order the clerk of the court be
fore whom the fuit is then depending
to fend forward the ptpers in the faid
fuit (by lome meet peri'on to be em
ployed by the faid clerk) to fuch court
having jurifdidtion in liinilar cafes as
the Paid judge may direft and the
clerk of fuch court lhall receive the
faid papers giving a receipt therefor
and docket the Paid fuit in order with
the other clanfes and the' court to
which the fajd papers are Pent fliall
be and they are hereby veiled with
full power authority andjurifdiftioii
to aardsci for wirnefles to
enforce their attendance to grant
commiffions for taking depofitions to
hear and determine tpe Paid contro-
verfy to award execution and to do
all other matters and things relative
thereto which the conrt from which
the Paid caufe was removed might or
could legally have done
j 9 And if any perfon or perfons
making oath to the truth of the alle
gations in his her or their petition
contained- cither for a writ of C'eri
tiorari or change of venire fliall
take a falfe oath and be thereof
convifted he Ihe or they lhall be
adjudged guilty of perjury and Puffer
the pains and penalties thereof Pro
vided that the profecution of fucli
offence be commenced within twelve
months after fuch offence be commit
ted and provided alfo that no juf
tice Iheriff or coroner charged as
aforefaid or adverfary in the faid
caufe fliall be admitted as a wicnefs
againft the prifouer in faid profe
ention j 10 The expenfes attending the
removal of fuch fuir fliall be paid
by the party praying the fame and
the perfon who (hair be enti tilled to
convey the fui-l papers to the clerk
of tfie county to which they lhall be
Pent fliall and may receive the fum of
five cents for eaeh mile he mult ne
ceflarily travel in going to and
turning from the laid clerk's office
which fum lhall be paid into the hands
of the clerk of the 'court where the
faid fuit originated before the papera
fliall be delivered out of his office
j 1 1 The clerk of the court before
whom the fuit originated lhall be
anfwerable for the fidelity of the per
foa whom he fliall employ to tranf
port the papers from his office tothe
office of the clerk of the court to
which they lhall be Pent but fliall
not be anfwerable for accidents not
arifing from negleft
is The venire in no cafe Ihali
be changed unlefs the party praying
the fame- fliall depofit the order of
the judge for removing the fame to
gether with the petition and affidavit
aforefaid (which fliall carefully be
preferred by the faid clerk) and alfo
the neceflary expenfes attending the
removal with the clerk having the
enftody of the Paid papers at lead
thirty days before the court to which
the faid fuit lhall be fet for trial
13 Nothing In this aft contain
ed fliall beeonltrned to jollify the
remanding of any fuit or frits hereto
fore brought up by any writ of Certi
orari to any diltricl court 5 bnt the
Paid diffrift courts iliall have power
m“rmw
'
’ '-s
r
I I
LONDON December 11
The Portuguese minifter at Paris
has received by an extraordinary cou
rier from liis courr the uncondition
al ratification of the treaty of peace
concluded between the two countries
It was at firtl doubted whether the
directory in conftqucnce of her ma
jellies tardinefs would conclude the
ratification on their part yet it was
hoped that the miniller M D’Aranjo
might be uble to appealb them 1 & it is
now generally believed that the ra
tification has taken place
While Buonaparte is proceeding
on the bufinefs of the congrefs at Ba
llade general Deflaix continues the
organization 6f the'arniy of England
Inltrudiions are faid to be Pent to
Spain relative to the part which the
navy of that country is to take in the
expedition againft Britain
The direftory intend to appoint a
miniller extraordinary to the court of
Berlin to compliment his Pruifian
majelty on hisaceeifionto the throne
a million which they confidcr at this
time very important when England
and Auliia endeavour' to circumvent
the young king that they may get
pofleflion of his mind which if faid
to be bold and enterpizing and fe
cure in their favour the influence of
the cabinet which will be very con
fiderable in the congrefs-of Ralladt
The Hamburg mail of the a8th ult
fays that the Ruffian court hat enter
ed into a new connexion with a Ger
man power but neither the name non
terms are mention
December 14
' Saturday fonte dijpatches were re
ceived at lord Ureenvill’s office from
the hon nr WalpAle hit majefty’s
envoy at LiJbon which were lent to
his lordfliip at Dropmore Thefe ad
vices are faid to be of a very unfavor
able nature The Englilh troops
from the late treaty under the com
maud of general Stuart are reduced
to lalt previlions Earl St Vincent
ftill continues off the harbour of Lil
bon and the next accouts are looked
for with expectation as iuipoitantto
this conntry
A packet was alfo received at the
Portugurfc minifler’s in South And
ley ftreet who foon after diipatched
a meilage to count de Ponpero at
Bath It is -now confirmed that a
peace between France and Portugal
is concluded
The owners of the French priva
teers now make an iuiinenfe profit A
fliare of 4000 livers on a privateer of
Boordeax produced in three weeks a
dividend of 84000
Thomas Muir prefident of the
Scotch defenders who- was banilhed
to Botany whence be eft'efted his e
fcape has arrived at Bourde'an and
is on his way to Paris '
Mr Tiernay comes forward this
day to meet his conllituents 011 the
futjeft of the aflefled taxes — when
fonie very (Irons refolntions expref
five of their inability to pay frch an
increafe of the public burthens will
be adopted How the niinifters came
to adopt fuch a plan is aftonilhing for
the collectors one and all declare
it is with the ntriioft difficulty they
can get the prefenc taxes
“ " ’ notice" I )
to bear and determine the Tame any
law to the contrary notwhhflanding
This aft fliall commence and be in
force from and after the pallage
thereof
THAT commilfioners appointed by
the county court of Bourbofiwill
meet on the fourth day of May i79
if fair if not the next fair day at the
houfe of John M’Kenney Iheriff of faid
county and proceed from thence to
the beginning of an entry of two tbou
fand one hundred and forty acres of
land made the ip'hdayofMay 1780 in'
the name of William Shannon then
and there to take the depofitlon of fun
dry witneifea and perpetuate their
teflimony refpeftlng the calls in faid
entry as alfo the calls in another entry
of two thoufaid acre! made the fame
day in the name of faid Shannon and
do fuch other things as (hall be deem
ed neceflary and agreeably to law
JOHN PAYNE
Attorney in faft for
SAMUEL SHANNON
Devifee of
WILLIAM SHANKQN dec
March aad 1798-
GommsnwMlth ef Renlttely '
Claafce county to wir:
WHERKASn&n oft palled at the
laft feflinn of (he general afiem
bly of this Hate concerning the mar
riage of Elizabeth Jones whereby it is
Srovided that if the (aid Elizabteh pro
uces fuch prpof to ihecourt of Quar
ter ftflions for the county of Claike or
any other court having jurifdiCi ion of
the fame as that thereupon a jury to be
inipannelled in faid court (hall find in
fubllance that John Jcnes h 11 (band to
the faid Elizabeth hath deferted her
the faid Elizabeth and that he is liv
ing in aduliry with another woman in
the (late of South Carolina or any o
therllate (Kentucky excepted) that
then the marriage between the faid K
lizabeth and the faid John lhall be dif
fulved And in conformity to faid aft
this wiit is to notify the faid John to
appear before the juflicesof the court
of Quarter feflions for the -county of
Clarke on the fourth Tuefday in April
next then and there to snfw er the (aid
Elizabeth Jonesof the pica aforefaid
Wfinefs David Bullock clerk of our
faid court this ferond day of March
1 7g8 and fixth year of the common
wealth 6 DAVID BULLOCK
Mercer county fS
February court of Quarter Scflions 1798
Henry Thomas and Catharine bit wife
Complainants
AOAlNSf "
Michael Myers Defendant
IN CHANCERY
THE defendant Michael not having
entered liis appearance herein a
grerable to law and the rules of this
court St it appearing to the fatisfaftion
of the court that he is no inhabitant of
this'cuuimbiiwcalih nn'tlic motion of
the coinplariants by their counlel it is
ordered that the laid defendant do
appear here on the firft dsy of our
June court next to nnfwer the com
planants bill and that'a ropy of this
order be forthwith inferred in thp
Kentucky Gazette for two inonthsfrc
ceflivelyand publilhed nt Cane run
meeting honfe Tome Sunday immedi
ately after divine ferviee' and alfo at
the dour of this court lioufe 1
(A copy) ‘ Telle
9 C Wihg p c m c 7 i
ALL perfons are hereby forewarn
ed from purclisfing or taking af
(ignments on two bonds given by ns '
jointly tA Jolfcui Blsnton dtjd late
of Mercer county tlie one payable in
March 1198 and the other payable in
March 1799 the above bends weregi
ven for a balance due for a tract of
land purchafed of faid Blanton a part
of which is likely to be loft by better
claims interfering wheicforr we are
determined not to pay the above bends
unril the faid land is made iccure to us
unlefs compelled by law
JOSBPH EUSAMK
William Escnacch-
Clarke county March ad 1798 3W
Lexington March 24th 1798
THAT 1 may be enabled to carry
on my bufinefs the failure aof
thofe indebted to me has obliged me
to take mrafures which I did not con
template 1 have therefoie appointed
Thomas ML can my attorney in faft
until my return whom 1 have autho
rized to take proper and legal (teps
for thecolleftion or recovery of all mo
ney due to me according as delays may
make -3t it to him appear neceflary
JOHN COONS Copperfmith
BOARDING SCHOOL
MRS GRAY returns her grate
ful acknowledgements to her
friends for their paft favors and hopes
frAm her attention to merit their pa
tronage in future Her fchool will j
commence for the enfuing feafonron
the fifteenth of April at five pounds
per quarter j five dollaia of which is
rcqntrcdin advance
3t March 21ft 1798-
TAKE NOTICE
THAT commiflioreri appointed by tKecocrt
of Scott count will meet at the mouth of
the little north fork of Elkhorn or Saturday the
1 1 ft day Airil next to take the depolitiom of fun
dry witneilei to pt rpctuute their tultimony agree
ably to a law of ibis fiatr tou hing the fpe-
cial calii in an entry made in tiie name of Ben
jamin Bowls on military warrant! for two thon
fand acres entered April 17th 1 780 my ot jeft is
to prove that the faid little north fork is the firft
large fork putting inti Elkhorn on the north fid
below Holden trace
JESSE rOBAIlDS
Agent for the heirs of laid Bowls
March 27 1798
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