Year: 1866

where the court is held; and by said order
the judge may prescribe the duties of the of
fcers of court IN summoning juries, and in
the performance of other acts necessary for
the holding of such special term, or the court
may by its order, after it is opened, pre-
scribe the duties of its officers, and the mode
of proceeding, and any of details thereof


Sec. 3. And be it further enacted, That
such number of jurors shall be summoned by
the marshall at every term of the circuit and
district courts, respectively, as may have
been ordered of record at the previous term;
and in case there is not sufficient number of
jurors in attendance at any time, the court
may order such number to be summoned as,
in its judgment, may be deemed necessary to
transact the business of the court. And a
grand jury may be summoned to attend ev-
cry term of the circuit or district court by
order of court. The marshal may summon
juries and telesmen in case of deficiency,
pursuant to an order of court made during
the term; and they shall serve for such time
as the court may direct


Sec. 4. And be it further enacted, That
special term of any district court may be
held at any time that the district judge may
order by giving notice thereof on the front
door of the courthouse where the court is to
be held, and in some respectable newspaper,
if there be any, at the place.


Sec. 5. And be it further enacted, That
the district judge may adjourn the court from
time to time to suit the convenience of liti-
giants and to meet the necessities of the bu-
siness; and the Intervention of a term of a
district or circuit court at another place shall
not preclude the power to adjourn over to a
future day.


Sec g. And be it further enacted, That
the terms of the circuit and district courts
shall not be limited to any particular nnm-
Der of days, nor shall it be necessary to adj
journ by reason of the intervention of term
of the court elsewhere; but the business of
the courts at two places may proceed, there
being judge present at each place, or the
court intervening may be adjourned over as
herein provided, till the business of the court
in session is concluded.


Sec. z. And be it further enacted, Thata
clerk shall be appointed at every place of
holding circuit and district of kentucky, in
like manner and subject to the same duties
and responsibilities that other clerks are sub
ject to in other independent districts; the
deputy clerks at Covington, Louisville and
Paducah shall perform the duties of the Of
fees, respectively, till clerks are duly ap-
pointed and qualified


Sec. s. And be it further nnacted, That
commissioners appointed by the courts of the
United States to take bail, affidavits, and 3D.
forth, shall have like powers to take surety
of the peace and for good behavior, accord
ing to the act of July sixteen, seventeen hun





signated by said act now have


Sec. 8. And be it further enacted, That
all process which shall not have been return
ed when this act takes effect shall be return
able to the terms, respectively, herein fixed;
and the clerk, upon issuing original process
in civil action, shall make it returnable to
the court nearest to the county of the resi-
dence of the defendant or of that defendant
whose county is nearest court, if he have
information sufficient, and shall Immediately,
upon the payment by the plaintiff of his fees
accrued, send the papers filed to the clerk of
the court to which the process is made re-
turnable, the defendant or defendants may,
upon motion, on or before the calling of the
cause, have it transferred to the court to
which it should have been sent had the clerk
known the residence of the defendant or de-
PENDANTS when the action was brought.


Sec. 10. And be it further enacted, That in
case of the existence of bail bonds for the
appearance of persons to answer. it shall be
the duty of the clerk to call the parties at
the time they are bound to appear, and, if
they fail, to enter the same on his minutes,
on which entry judgment may afterwards
be made of record by the court and if the
party appears, the clerk shall take another
bond, with sureties similar to the first, for
further appearance at the next succeeding
term of the court, and if the party fail to
give bond and surety, then he shall stand
committed by order of the clerk till he does
comply.


Sec IL. And be it further enacted, That
all laws and parts of laws inconsistent here
with are hereby repealed, and this act shall
be In force from and after its passage.


Approved, May 10, 1865.