Kentucky gazette and general advertiser — Lexington [Ky.], 1803-01-25 00:00:00, page 1

court-houfe of Henry county:
in the
sties of Ohio and Breckenride
the counties
(hall compofe one circuit and the court
thenpf (lull be held in the court-houfe
ef Ohio county : the countie of Muh
lenberg and Henderfon fnall compofe
one circuit and the court for the fame
(hall be held in the' court-houfe in the
county of Muhlenberg the cdnntie of
Pulaiki and Wayne (hall compofe one
circuit and the court thereof (hall be
held in the court-houfe of Pulaiki coun
ty the counties of Lincoln and JCnox
(hall compare one circuit arid the court
thereof (hill be hejd ip the court-houfe
of Lincoln county fevety other county
in this commonwealth (hall eachconipofe
one circuit and the' court of each cir
cuit (hall be held at'the county court
loufe of the county computing fuch cir
cuit - I j
Seer 3 And be it further enabled
That each circuit (hall hold three term
in every year and (hall (it fix judicial
day at each term if neceflary except
the circuit courts for the counties of
Mafon Bourbon j Fayette Nelfon and
- Logan dull fit eighteen judicial day
each term if neceflary except the Lo
gan circuit which may fit twelve days
if neceflary
Sec 4 The Madifon circuit (Hall he
held on the firft Monday in March June
and September in every year the Lin-
coin circuit (hall be held cn the lecond
Monday in March June and September
in every year the Garrard circuit (hall
he held on the third Monday in March
June and September in every year the
ulaiki circuit (hall be held on the fourth
Monday in March June and September
an every year the Adair circuit (hall be
held bn the firft Monday in February
May and September in ever? year the
Cumberland circuit (hall be held on the
focond Monday in February May and
September in every year the- Barren
circuit (hall be held xm the third Mon
day in February May and September in
very year -the Greene circuit -lhall be
held on the fourth Monday in February
' May and September in every year the
i Mercer circuit (hall he' held on the
fourth Monday in February May and
AngUft in every year the V arreri cir
cuit (hall be held on the firft Monday in
March June aud September in ever
year the Logan circut (hall be held on
1 the focond Monday in March June and
September in every year the Muhlen-
berg circuit lhall be held on the third
Monday in March June and September
in every year the Ohio circuit court (hall
beheld on the fourth Monday in March
I nne and September in every year the
ivingfton circuit (hall bo held on the
' firft Monday in February May and Sep
tember in every year the Wafhington
circuit fliall be held on the firft Monday
in March June and Oftober in every
year the Nelfon circuit lhall be held
on the fecond Monday in March June
nnd Oftober in every year the Hardin
circuit (hail be held on the third Mon
: day in April July and Oftober in every
year the Bullit circuit (hall be held
' ' on the fourth Monday in March June
and Oftober in every year the Jefferfon
circuit (hall be lield on firft Monday in
February May and September in every
year thelihelby circuit (hall be held
ere the fecond Monday in April June
a: id Oftober in every year the Henry
ci rcuit (hall be held on the third' Mon
d: ly in April June and Oftober in every
yt :ar the Franklin circuit lhall be held
on- the third Monday in April July and
O ober in every year the Woodford
AN ACT
TO ESTABLISH
CIRCUIT COURTS
BASSED DKCEXSEB 30th 1803
WHEREAS the prefent 'Judiciary
Syftem it found to be inconvenient and
expeniive I
Sec 1 Be it therefore enacted by the
General 4cemhlj That the prelent dif
trift court and general court (hall be
and are hereby' abolilhed lo fnon a this
aft take effeft
Sec 3 Be it farther enacted That
circuit court (lull be and they are here
hy eftablifhed and (hall be held within
the circuit herein after mentioned to
wit : The counties of Montgomery and
Floyd (hall compofe one circuit the
circuit court for faid circuit (hall be
field at the court-houfe in the county of
Montgomery' the counties of Bourbon
and Nicholas (hull compofe one circuit
and the court thereof (hall be held in
the court-houfe of Bourbon county
the counties of Mafon and Bracken
(hall compofe one circuit and the court
circuit fhill be held on the firft Monday
in March J nne and September in every
year the Fayette circuit (hull be held
on the (econd Monday in March June
and September in every year the Jef
famine circuit Hull be held on the- third
Monday in April July and Oftober in
every year the Clarke circuit (hall be
held on the firft Monday in April July
and Odober in every year the Montr
gomery circuit (hall be held on the fourth
Monday in April July and October in
every year the Fleming circuit (hall be
held on the firft Monday in March June
and September in every year the Ma
fon circuit (hall be held on tliq fecond
Monday in April July and Oftober in
every year the Bourbon circuit lhall
be held on the third Monday in Februa
ry May and Auguftin every year
the Scott circuit (hall be held on the fc
cond Monday in April July and Octo
ber in every year the Uarrifon circuit
(hall be held on the firft Monday ip Fe
bruary May and Auguft in every year j
the Campbell circuit lhall be held on thy
third Monday in April July and O clo
the re of (hall be held in the"'couruhoufe j? e!eS " ?
of Mafon county the countie of:"'1’1 b hxcld 0n " Monday n
Campbell Pendleton and Boone (halljMirch Jun4 and September in every
compofe one circuit and the court therer!elr ‘
of lhall be held in the court-houfe of- -Scc‘-And be rafted
Campbell county the countie oi Hen- pat 'be ““7 court of aacb 7
ry and Gallatin (iiall compofe one cir- !n'lIch P!" c°“?' dd t° be
urt thereof (hall be held !beJ b7 thi (b“U bc holden °Vhf
-f
K’LWMB
tWMBfN
BY DANIEL BRADFORD LEXINGTON
TUESDAY JANUARY 25 je 03
VOL XVI N° 854
-r
I fame Monday of every month on which
court are directed to be held ex-
r ' r -
-
Clrrvit -
eppt tliofe month in which circuit court
held
SIPC iiciUo - e j
Sec 6 And be it further enafted
That the clerk of the general court and
each circuit court (hall make out his
court docket within thrqe day -after
the rule day next preceding each-- term
Sec 1 And be it further enafted
That the circuit Courts eflablifhed by
this aft ihyU havejuri filiation in allqau
fe matters and things at -jcoipmon law
and chancery within their rafpeftive
circuits except in csufeof lets value
than five pounds oronetfaoufands pounds
of tobacco and except fo far as (hall be
other wife direfted by this aft and thr
fa id circuit epurts within their refpeft
ive circuits (hall have the fame' power
authority and jurifdiftion which the dif
trift con rts and Quarter folfion courts
are veiled with and the faid circuit
courts (hall be governed by the fame
rule aiuf regulations by which the faid
diftrift and quarter feffion - Count are
now governed fofir aa they are confid
ent and compatible and where they are
inconfiftant the faid circuit count (hall
be governed by the rules and regulations
of the diftrift courts
Sec! 8 And he it further cna&ed
That each circuit court (hall confift of
one Circuit judge and two affiftant judg
es which aiuftant judges lhall be refi
lent of the county in which the circuit
court (hall be lield to which thejr (hall
be appointed! The cilquit judge or thi
two affiftant judges or the circuit judge
and one affiftant (hall be fufficient to
conftitute a court When the circuit
judge alone conftitute a court he can
net proceed to the trial of criminal
whofe punifhment if convifted woul
be capital or confinement in the jail anti
penitentiary but the trial of fuch pri
foner (hall be continued over till th
next term unlefs the prifoner petition
the court to proceed to trial -
Sect 9 Beit further eriafted That
where a criminal cafe is Continued in
confequence of there being but the cir
cuit judge and neither the two affiftant
judges nor the circuit judge and one
affiftant da attend at the next term the
prifoner lhall be bailed as of right and
the bail (hall be according to his ability
and the degree of his offence Whert
ouly the circuit judge attends and1 the
accufed perfou petition to be tried but
the jury do not agree in their verdift
it it uo bar to his being bailedaind if he
attend on the firft day of the fucceeding
term and render himfelf according to
his recogniaance and there be not a fuf
ficcnt court on or before the third day
he (hall be difeharged -
Sec 10 And be it fuher enafted
That before any circuit or affiftant judge
can aft as fuch he (hall fwear or affirm
before fomejuftice of the peace that
he will adminifter juftice without refpeft
of perrons and do equal right to the
poor and the rich and that he will faith
fully and impartially difeharge the du
ties of a circuit court j'idge or affift
ant judge (as the cafe may be) accord
ing to the heft of jiis abilities and nn
derftanding agreeable to the conftitution
and laws of- this commonwealth and
a certificate of his oath or affirma
tion (hall be recorded in the general
court or in the circuit court to which
fuch circuit or affiftant judge may be al
lotted or belong
Sec 11 And be it farther enafted
That if neither the circuit judge nor
the two affiftant judges attciid on the
AND GENERAL ADVERTISER
firft day of any circuit court term the
court (hull (laud adjourned from dai to
day until a court is made Jhould that
happen before four o’clock of the after
noon of the fourth day ivj r 11
Sec 12 And be it further enafted
That the (heriffs of the feveral countie:
in which circuit courts are held (hall
fummon grand jurors to attend the faic
courts in the fame manner they are non
direfied to fummon grand jurori to at
tend the diftrict and quarter foffioi:
courts and the faid (hrrifF (hall attend
the circuit courts in the fame manner
they are now required to attend the
quarter feffiops )- -i i- 1
Sec 13 And be it further enabled
That when any perfon not being a
(lave (hall be charged before ajuftici
of" the peace with any criminal offence
in any county in which a circuit court
lhall be held the punilhment for which
in the opinipn of fuch juftice would be
capital qr confinement ni the peniteiitir
aryhoufe the faid juftice (hall take a
recognisance of all material witnefles
to appear before the county court ot his
county to be held for the examination
of 'fuch charge aiid immediately by his
Warrant commit fucliprifbnor focliarged
to the jail of his county and fliall iflue
hjs warrant to the Iheriff of hi county
to -fummort the - five - fenlor jpftices
of the faid court to meet at the court
houfe of the laid county on aday to be fix
ed by the faid juftice jut left than five
nor more than ten days j after the date
thereof to hold a court fortheexamina
tion of the fa£t which juftice or any three'
of them (hall heClfficient to conftitute a
court - Thp court having met as afore-'
faid ffiill- confider whether the prifoner
be difeharged from forthe)- prosecution
or mud be tried in the circuit court of
the faid county if they are of opinion
the prifoner ought to be tried ip the cir
cuit Court of faid connty they (hall take
thedepolitions-of the witnefles and bind
l'uch as they think proper by - recognv
aancc to give evidence againft fuch cri
minal at his trial If the court (hall
deem fuch prtlprter bailable by law they
fliall enter the opinion in their proceed?
ings and all'o the fum in which lie and
his focurities or bail aught to be hound :
ind where they (hall be -of opinion
:hat the prifoner is hot - bailable oV
where they (hall he of opinion the pri
foneris bailable and fuch prifotier lhall
fail oi refufe to give bail in both cafes
the prifoner (hall be remanded to theja
of the laid county for trial in the ciicu t
court and until he (hall be difeharged by
due courfe of law and the clerks of the
county Couij fliall immediately trans
mit Xf the cbmmonwealth’s attorney for
the circuit a copy pf the depolitions
and proceedings on fuch trial
Sec 14 And be lt further enadted
Thai nine circuit judges (hall be ap
sointed and commiffioned within this
'pmmoiiyreilth' arid two fit perfons in
ach county in which circuit courts are
1 evi J 1 1 J L 1 A- 1 a:
-lireftad tq be held by this aft to be (li
the circuit court
ed affiftant judges of t
x which they are appointed!
Sec IS! And be it further enafted
That the circuit judges to be appointed
y this aft fliall hold a general court it:
he (late houfe in the town of Frankfort
n th: firft Monday in May and Decem
ber in every year and fliall fit at each
erm fifteen days if neceflary The faic
general court (hall have the fame power
luthority and jurHdiftion which the ge
neral court' had previous to the paffagt
of this a& an3 (hall proceed to hear &
determine all caufes matters and things
depending in the general court St the
time this aft takes effeft according to
the rules arid regulations by which the
faid court hat been heretofore governed
and which Hull be eftablilhed by law
Sec 16 And be it further enafted
That qneftions of law new or difficult
arifing in any landcaufe may be adjour
ned from any circuit to the general
court where they (hall be decided
without delay
Sec 17 And be it further enafted
That the ' clerks of the circuit courts
lhall have the fame fees as thofe of the
quarter feffion and county courts for fi
milar fervices and for other fervices the
fame as thofe of the prefent diftrift
courts and lhall be collefted & accpunt
ed for in the fame manner and under
the fame penalties
Sec 18 Be it further enafted That
the circuit judges (hall at each term of
the general court allot among them
felves the circuit courts they (hall fever
ally attend and the faid judges (hail be
prefiding judges of the - circuit court in
which they may refpeftively fit which
allotment'ihall be certified by the judges
making it and entered on the records of
their circuits Where the governor
makes a temporary appointment of
judge fuch judge fliall take the place of
him whofe vacancy he fills
See 19 The faid circuit courts (hal
he governed by the fame rules raljpefting
pleading fet offs and giving them in evi
dence as the quarter feffion courts nou
ire : 'They (hall have power to award
injunctions writs of certiorari ne ex
eat and habeas corpus and any circuit
judge may in vacation grant fuch writs
to operate in any part of the common
wealth and the two affiftant judges of
any circuit court distil hsve power in va
cation to award any of thofe writs to
iperate within the circuit to which they
belong y
Sec SO -And be it further enacted
Thit the circuit judges to be appointed
by this aft fliall be allowed the fum of
feven hundred and'fifty dollars each an
nually payable quarterly fubjeft to the
like deduftipns for non-attendance as
the diftrift judges now are and the af
fiflant judges to be appointed by this
aft (hail-receive as a compenfation for
their Cervices two dollars per day to be
certified arid paid as the quarter folfion
juftice mow are
- Sett- Si- And beit further enafted
That in ach county in which no cir
cuit court is djrefted to be held by this
aft the proceedings againft perfon char
ged with offences (hall be as heretofore
and prifoner lhall be reinoved-from fuch
county to the circuit court of the cir
cuit of which foch county makes a part
arid venires and witnefles (hall be fum
raoned to attend fuch circuit court in
the fame manner aiid under the fame
rules and regulations a prifoner art
now removed and venires and witneflei
are now jiimmoned to the diftrift courts
Sec 23 And be itjfurtlier enafted
That the juftice bf£vg whom a Have
(hall be charged wuh any crime fliall
if there appears to him juft ground for
the charge commit fuch (lave tC thi
jail cf his county and iflue bis warrant
to the Iheriff cf the county There the
offence was committed to fummon the
of the county 'vhere the crime is allcdg
ed to have been committed iri'tkeiamr
manner arid to meet within the Tanu
time as is direfted in the cafe of ariyFret
perfon charged with i any crime in any
epunty in which a circuit is direfted to
be held by this vfV lpd aHb to fununori a
jury of the vicinage" no one of whon
lhall he mailer of luch (lave or related to
the riiafter or profcrutor in any degrei
which would be a cauTe of challenge tt
a juryman in a trial between free perfons
to appear at the fame tiipe arid place foi
the trial of fuch Have The jufticet fo
meit or any three of thein lhall conftitut:
a court of oyer and terminer for the tri
al of fuch fiave' and lhall have the fame
power and authority to give' judginen
ind award execution and in all rel'peft:
:o proceed in the fame manner aa the
-ourts of quarter ieffibn are how au
horised and direfted to do in like
cafes
Sec' Si Be il furtheV enafted Thar
:ne clerk of each diftrift court withii
this commonwealth after this aft take:
-ffeft (hall on demand or within tci
lays at lead thereafter delivef to tin
ulerk 'of the circuit court of the coun
ty in which fuch diftrift court ia nov
held all the records and papers belong
ng to his office except the papers anr
ecorc's belonging to the Danville dif
crift court which the clerk thereof fhal
deliver to the clerk of the Lincoln cii
cuit court within the time aforefaid
Sec 31 And be it further enafted
That it lhall be tlie duty of the clerk
if the prefent general court within ten
lays after the clerk of the general cour
refted by this aft fliall demand thi
fame to deliver all papers records aiK
thing belonging to his office to th
clerk of the general court erected by
this aft under th: penalty of one thou
fand dollars re verable by aftion o
debt in 'any court of record having ju
rjfdiftion thereof to the ufe of the par
ty fuing for the fame And the clerl
(hall in arranging the caufes or queft!
on depending in the general court am
Franklin diftrift court on his docket
give a preference to the caufes or que
(lions depending in the general court
and the general court fliall have ar ful
and complete jurifdiftion in all caufe
matters and things criminal as well as
chril and alfo overall caufes which may
be adjourned or removed from any of
the diftrift courts
Sec 35 And be it further enafted
That the clerk of each quarter feifioi
court aboli(hed-by this aft (hall on dc
mand or within ten days at leaf! there
after deliver to the clerk of the' circuit
court of the county in which fuch quar
ter feffion court is now held all records
papers and things belonging to his faid
office
Sec 26 And be it further enafted
That if any clerk whofe duty it is to dc
liverup papers records- Sec fliall fail 01
refufe io to do upon the application oi
the clerk authorised to receive them o
within ten days thereafter (hall forfei
and pay the fum of cn: tliotacd della-
the gener-1
court to conftitute a court the court
lhall (land adjourned from day to day
jniil a court is made provided that
happen before the fifth day of the term
Sec SO Be it further enafted That
witnefles and venire men fhll receive
'he fame compenfation for attending the
circuit courts cf the counties in which
-hey may refide which witnefles are
now allowed for attending the courts of
quarter feffion of counties in which
i'uch witnefles refide and in all other r
five fenior juftice of the fionnty co'ir: ft witnefles fliall receive the fame al-
to be recovered by aftion of d$Vor in
formation in any court having jurisdic
tion thereof to the ufe of the informer
or any perfon fuing for the lame
S-c 27 And be it further enafted
That every quarter feffion court which
is now by law held in any county ia
which a circuit court is direfted to be
held by this aft (hall be and the fame is
hereby abolilhed fo foon as this aft takes
effeft
S 28 And be it further enafted
That evefy writ or other procefs of any
defeription which (lull be iffued return
dble'to the next May tertn of the pre
fent general court or any sule day there
of (hall be returned to the third day of
the firft term of the general court as con
ftituted and eftabliflied by this aft or
10 the firft rule day thereof as the cafe
may be arid every fuch writ or procefs
(hall be as good and valid as if this aft
had not been pafled and all bail bonds
and recognisances f- returnable to the
prefent general court fliall be returned
ip the like manner and have the like
force and validity ss if this aft had not
been pafled
See 29 And be it further enafted
That any five of the circuit judges lhall
ne fufficient to conftitute a genera I court
to do bufinefs and when a fufficent
number of judges do not attend on rhe
firft day of any term of
lowances for attending thc circuit courts
bey arc n°w allowed for attending
the' quarter feffion court
Sec 31 And be- -it further euafted
1 hat the clerk 'of each circuit court '
nto whofe hands the papers and records
of any quarter feffion court are direfted
o be delivered by this aft (hell dcckett'
he caufes which may be depending
herein at the time this aft takes effeft
ri the order in which they (land on the'
locketts of fuch quarter- foffiem court
ind where the fame circuit court clerk
hall receive alfo the papers and records
of any diftrift court (ball obferve the
lafne rule giving' preference -to the
quarter feffion court bufinefs
- Sec 32 And be it further enafted
That each circuit - court (hall have the
fame power authority and jurifdiftion
sver all fuits matters and things which'
may be depending and undetermined in
any quarter (elfiori or diftrift court at
he time this aft takes effeft the papers '
and records of which courts may be de
livered -which to -the clerk of fuch circuit court
fuch quarter feffion or diftrift
ourt Would have had in cafe this aft
ad never been pafled and fuch circuit
court (hall have the fame power autho-
rity and juriltliftion t6 award executi
ons and other legal procefs on 11 decrees
ind" judgments of fuch quarter feffion
and diftrift courts as fuch quarter frf
iion -11 and diftrift rourts would hsve had
cafe this aft had never Seen puffed
Sec S3 And be it 'further ensfod ‘
that the jail of each county in which a
ircuit is direfted to be hrldby this aft
Hull he the jail cf fuch circuit court
Sec 3-1 And be it further enafted '
hat every' criminal or prifoner who fhall
remain in any diftrift jail at the time
this aft takes rffft fur trial in fuch dif
rift courts fuch criminals or prifoner
Shall be tried and proceeded againft in
ihe circuit court to he held in the ccuri- j
y in which fuch diftrift court is now
ilJdj'in the fame manner in which fuch
prifoner would have been tried and pro
ceeded againft in fuch diftrift court in
afe this aft had not been pafled
Sec 35 And be it further enafted
hat every writ execution attachment
and -ibuy procefs of every delcription which
be iffed from any diftrift or quarter
feffion court before this aft takes effeft
and returnable to a term of cither of (aid
courts or a rule day thereof to be held Tub- '
i'equent to the time this aft takes' effeft
lhall be legally returnablea 'and fliall L:
returned by the flieriff or other officer
under like penalties as in other cafes 10
:he firft term of the circuit court to be
held in the county in which the diftuft
or quarter feffion court is held fren t
-vhich fuch writor procefs nicy have iff-
d and every fuch writ or procefs (hall t'V
is good ana valid in fuch -circuit coii:
1a it would have beer in the quarter ft'- 7
-ion or diftrift court from whiqh it lEUed-
n cafe this aft had not pafled
Sec 36 And be it further enafta-
:hat every bad bond 8c recosrnieariA
vely defeription taken - and 4
before this aft lakes efl'eil f-ir tie