You have found an item located in the Kentuckiana Digital Library.

Revised statutes of Kentucky / by C.A. Wickliffe, S. Turner, and S.S. Nicholas ; approved and adopted by the General assembly, 1851 and 1852, and in force from July 1, 1852.

Revised statutes of Kentucky / by C.A. Wickliffe, S. Turner, and S.S. Nicholas ; approved and adopted by the General assembly, 1851 and 1852, and in force from July 1, 1852. Kentucky. 400dpi TIFF G4 page images University of Kentucky, Electronic Information Access & Management Center Lexington, Kentucky 2002 b96-15-36619927 Electronic reproduction. 2002. (Beyond the shelf, serving historic Kentuckiana through virtual access (IMLS LG-03-02-0012-02) ; These pages may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Revised statutes of Kentucky / by C.A. Wickliffe, S. Turner, and S.S. Nicholas ; approved and adopted by the General assembly, 1851 and 1852, and in force from July 1, 1852. Kentucky. A.G. Hodges, State Printer, Frankfort, Ky. : 1852. vii, 796 p. ; 26 cm. Coleman Includes index. Microfilm. Atlanta, Ga. : SOLINET, 1997. 1 microfilm reel ; 35 mm. (SOLINET/ASERL Cooperative Microfilming Project (NEH PS-21089) ; SOL MN06590.04 KUK) Printing Master B96-15. IMLS This electronic text file was created by Optical Character Recognition (OCR). No corrections have been made to the OCR-ed text and no editing has been done to the content of the original document. Encoding has been done through an automated process using the recommendations for Level 1 of the TEI in Libraries Guidelines. Digital page images are linked to the text file. Law Kentucky.Wickliffe, C. A. Turner, Squire. Nicholas, S. S. (Samuel Smith), 1796-1869. TH E REVISED STATUTES OF KENTUCKY, BY C. A. WICKLIFFE, S. TURNER, AND S. S. NICHOLAS, COMMISSIONER8 APPOINTED BY THE LEGISLATURE: APPROVED AND ADOIrED BY THE GENERAL ASSEMBLY, 1851 AND 1852. IN FORCE FROM JULY 1, 1852. FRANKFORT, KENTUCKY. A. G. HODGES.... STATE PRINR. 1852. UNITED STATES OF AMERICA, Sc District of Keenaucky, S Be it remembered, that, on this 9th day of Jannary, anno domini 1852, C. A. 5 2 WICIKLIFFE, S. Tua,ER, and S. S. NICHOLAS, Commissioners appointed by the Legig- lature of Kentucky, of said District, deposited in this office the title of a book, which is in the words and figures following, viz: "1The Revised Statutes of Kentucky, by C. A. lviCklffe, Squire Turner, S. S. Nichlas, Comissioners appointed by the Leyislature- approaed and adopted by the General Assembly, 1851 and 1852;" the right whereof they claim as authors, for the use of the State of Kentucky, in conformity with an act of Congress, entitled, "An act to amend the several acts respecting Copy-Rights." ATTEST, JOHN A. MONROE, Clerkfur the Kentucky District. TO THE CITIZENS OF KENTUCKY. IN this volume you have the Statute Law of your state, revised, and adopted by the legislature. The constitution of the state made it the duty of the general as- sembly of Kentucky, first to convene after its adoption by the people, to appoint two boards of commissioners-one to prepare a code of practice for the courts, both civil and criminal, in this commonwealth, by abridging and simplifying the rules of practice and laws in relation thereto; the other to revise and reduce into system the civil and criminal statute law of Kentucky, so as to have - but one law on the same subject. Under this section, and in virtue of an act of the legislature passed at the session of 1849-'50, the two boards were organized. The final report of the board to revise the statutes was made to the legislature in December, 1851, as follows: To the General Assemnlly of the Commonwcaltu of Kentucky: The undersigned were selected to revise and to reduce into system the civil and criminal statute law of Kentucky. A portion of the work was submitted to the legislature at its last session, and having.been adopted, the 1st day of July, 1852, was fixed as the prospective period at which it should operate. The object contemplated by the legislature in the postponement was, that the revision might be completed, and the remainder of the work submitted for the consideration and adoption of the present legislature. We have fulfilled the duty assigned us, and now have the honor of presenting to the representatives of the people, for their consideration, the result of our labors. and invite their patient and careful examination. The legislation of the past had caused a great accumulation of statutes, but it is believed that the present re- vision condenses in a single volume all the material provisions of our complex statutory law. We will at any time, if it be deemed necessary, attend at the capitol during the session, to afford to the committees of your body to whom you may refer the examination of the work, such explanations as they may require in regard to the details it embraces. It may be necessary, after the final action of the legislature upon the revision, that the commissioners should so arrange the chapters as to make the compilation harmonious, and to attach indices and margin- al notes, to facilitate reference to its contents. These duties the com- missioners would discharge if required. TO THE CITIZENS OF KENTUCKY. In the prosecution of their labors, the commissioners have sought to embody with method and fidelity the spirit of the existing statutes of the state, rather than to embark in hazardous innovations, and have only ventured to introduce improvements when the legislation of our sister states or the advqncement of legal science demonstrated their utility. We have been less ambitious of rendering the revision theo- retically perfect, than practically beneficial, and we trust that our labors will receive the approbation of the legislature, the bar, and the people. Respectfully, yours, C. A. WICKLIFFE, SQUIRE TURNER, S. S. NICHOLAS. In a work of this magnitude, requiring labor, vigilance, and a famil- iar practical acquaintance with our statute laws in their chaotic form, perfection was not to be expected. Imperfect as it may be, the sanc- tion and approval of the work by the representatives of the com- monwealth stamps it with the authority of law. The legislature of 185I-'2, after the adoption of the revised sta- tutes, adjourned without providing for their publication. The under- signed, two of the commissioners, believing that the publication ought to be made under the superintendence of the commissioners, or some of them, determined to publish this book for the use of the state, upon their own responsibility. They regret that the other commis- sioner declined to assist in the preparation of the work for the press. It was to be expected that differences of opinion would arise in the board as the work of revision progressed. These differences, when deemed of sufficient importance, were noted and submitted to the legislature. Since that tribunal has passed upon them, they have ceased to possess any interest, so far as the public are concerned, and they have not been noted in this publication. Some of the most material alterations and amendments to the original reports of the commission- ers, made by the legislature, have been noticed. C. A. WICKLIFFE, AUGMST 2,18;52. SQUIRE TURNER. v TABLE OF CONTENTS. The Declaration of Independence . The Constitution of the United States Index to the Constitution of the United States Compact with Virginia The old Constitution of Kentucky . Index to the old Constitution of Kentucky . The new Constitution of Kentucky Index to the new Constitution of Kentucky . The Articles of Confederation Washington's Farewell Address LAWS OF TUE UNITED STATES. Naturalization. Fugitives from Justice and from Labor Fugitives from Labor Authentication of Records ..... . 1 . . . 5 . . . 18 . . . 23 . . . 27 . . . 45 . . . 51 . . . 81 . . . 89 . . . 97 . . . 111 . . . 118 . . . 119 . . . 125 THE REVISED STATUTES OF KENTUCKY. An act to adopt the Revised Statutes. . . . . ... . . . CHAP. 1. Actions in certain cases, allowed 2. Advertisements .............. 3. Arbitration and Awards . 4. Attorneys ............... 5. Auditor ................ 6. Bastardy ................ 7. Boats and Navigation 8. Boundary, Sovereignty, and Jurisdiction of the State of Kentucky 9. Cattle, Horses, and Dogs 10. Causes of action which survive. 11. Caveat 12. Champerty and Maintenance . 13. Change of Venue 14. Charitable Uses and Religious Societies. 15. Citizens, Expatriation, Aliens. 16. Claims upon the Treasury . 17. Clerks ................. 18. Commissioners of Foreign Deeds. 19. Confession of Judgment 20. Constables ............... '21. Construction of Statutes 127 128 129 129 131 135 141 143 150 160 162 162 164 106 170 172 174 179 183 184 184 189 TABLE OF CONTUNT6. CHAP. 22. Contracts.... ........ 23. Contribution 24. Conveyances ......... 25. Costs ............. 26. County Levy 27. Courts ............. 28. Crimes and Punishments 29. Currency ............ 30. Descent and Distribution 31. Dueling ............ 32. Elections ............ 33. Escapes ............ 34. Escheats and Escheators, . 35. Evidence ............ 36. Executions ........... 37. Executors and Administrators . 38. Fees ............. 39. Ferriesr.i .......... 40. Fraudulent Conveyances and Devises 41. Fugitives from Justice 42. Gaming ............ 43. Guardian and Ward . 44. Guards, Public . 45. Habeas Corpus . 40. Heirs and Devisees 47. Husband and Wife 48. Idiots and Lunatics 49. Impeachment .......... 50. Inclosures and certain Trespasses 51. Insolvent Debtors . 52. Inspections ........... 53. Interest and Usury . 54. Internal Improvement 55. Juries, Grand and IPetit . 56. Landlord and Tenant .... 192 . ... 194 . ... l196 .. .. 202 208 214 243 277 279 283 . ... 283 304 305 311 315 331 242 357 363 365 367 372 377 379 382 383 395 405 407 409 410 419 421 426 438 57. Lands, Division and Conveyance of by County Courts 58. Lands, Forfeited 59. Lands, Forfeiture and Relinquishment of . 60. Lands, Processioning of . 61. Laws . ... .-. 62. Legislature ............... 63. Limitation of Actions and Suits. 64. Master and Apprentice. 65. Masters, Auditors, Receivers, and Commissioners in Chancery. 444 446 448 449 451 456 458 466 468 VI TABLE OF CONTENTS. 11 Cji.r. 66. Militia................ . 470 67. Mills................ . 507 (;8. Narmes may be Changed. . . . . . . . . . . 511 W9. NotaryPublic . ... . . . . . . . . . . . 511 70. Occupying Claimants . . . . . . . . . . . 512 71. Office and Officer.. . . . . . . . . . . . 515 72. Partnerships. . . . . . . . . . . . . . . 518 73. Patrols ... . . . ... . . . . . . . 520 71. Penitentiary. ... . . . . . . . . . . . 523 75. Poor and Poor Houses. ... . . . . . . . 531 76. Port-Wardens ... . . .... . . . . . 53-2 77. Public Arms and Accoutrements. ... . . . . 534 78. Public Buildings. . . . . . . . . . . . . 535 79. Public Printer. . . . . . . . . . . . . . 538 80. Real Estate. . . . . . . . . . . . . . . 540 81. Register ..... . ....... . . . 545 82. Registration of Births, Deaths, and Marriages . . . 546 83. Revenue and Taxation . . . . . . . . . . . 549 84. Roads and Passways . . . . . . . . . . . . 579 85. Salaries..... . ...... .. . 590 86. Sale of the Real Estate and Slaves of Infants, &c. 591 87. Salt and Saltpetre Works. . . . . . . . . . 596 88. Schools and Seminaries. . . . . . . . . . . 599 89. Secretary of State.. . . . . . . . . . . 610 90. Sergeant . . . . . . . . . . . . . . . . 611 91. Sheriffs, Jailers, and Coroners . . . . . . . . . 613 92. Sinking Fund . . . . . . . . . . . . . . 623 93. Slaves, Runaways, Free Negroes, and Emancipation . 627 94. Small Pox . . . . . . . . . . . . . . . 648 95. State Library . . . . . . . . . . . . . . 649 96. Strays.6............... . 652 97. Sureties and Co-Obligors. . . . . . . . . . 654 98. Surveyors .6.... . . . .. . . .. . 058 99. Taverns, Tippling Houses, &c. . . . . . . . . 660 100. Towns.6.6.6............. . 666 101. Treasurer. . . . . . . . . . . . . . . . 671 102. Treasury Warrant Claims . . .. . . . . . . 675 103. Turnpike and Plank Roads. . .. . . . . . . 077 104. Vagrants. . . . . . . . . . . . . . . . 690 105. Weights and Measures . . . .. . . . . . . 692 106.W ills . . . . . . . . . . . . . . . . . 693 107. Witnesses.. ........ 701 108. Wolves and Wild Cat-i. . . . . . . . . . . 703 Index to the Revised Statutes .. . . . . 70.5 EXPLANATIONS OF REFERENCES. M1. & B ......M orehead & Brown's Digest. L...... Loughborough's Digest. A. 1850, to............................. Session Acts of 1849-'50, to. Con...... New Constitution of Kentucky. 31. R.... Massachusetts Revision. N. Y. R.... New York Revision. V. R.... Virginia Revision. THE DECLARATION OF INDEPENDENCE. IN CONGRESS, JULY 4, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA. WHIEN, in the course of human events, it becomes ne- July 4, 1776. cessary for one people to dissolve the political bands which have couneoted them with another, and to assume, among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident:-that all men are created equal; that they are endowed, by their Cre- ator, with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, governments are instituted among men, de- riving their just powers from the consent of the governed; that whenever any form of government becomes destruct- ive of these ends, it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate, that governments long established should not be changed for light and transient causes; and accordingly all experi- ence hath shown, that mankind are more disposed to suffier while evils are sufferable, than to right themselves by abol- ishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies; and such is now the necessity which con- strains them to alter their former systems of government. The history of the present king of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. lie has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immcedi- 1 DECLARATION OF DEPENDENCE. July 4. Im. ate and pressing importance, unless suspended in their operation, till his assent should be obtained; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would re- linquish the right of representation in the legislature-a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unu- sual, uncomfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures. lie has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. Ile has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative pow- ers, incapable of annihilation, have returned to the people at large, for their exercise, the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within. Ile has endeavored to prevent the population of these states; for that purpose obstructing the laws for naturaliza- tion of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. Ile has obstructed the administration of justice, by re- fusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries. He has erected a multitude of new offices, and sent hith- er swarms of officers, to harass our people, and eat out their substance. He has kept among us, in times of peace, standing ar- mies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. LIe has combined with others to subject us to a jurisdic- tion foreign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legis- lation: For quartering large bodies of armed troops among us: For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabi- tants of these states: For cutting off our trade with all parts of the world: For imposing taxes on us without our consent: For depriving us, in many cases, of the benefits of trial by jury: For transporting us beyond seas to be tried for pretend- ed offenses: For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary gov- ernment, and enlarging its boundaries, so as to render it 2 DECLARATION OF INDEPENDENCE at once an example and fit instrument for introducing the July 4, 1776. same absolute rule into these colonies: For taking away our charters, abolishing our most valu- able laws, and altering, fundamentally, the forms of our governments: For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here, by declaring us out of his protection, and waging war against us. He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny, already begun with circumstances of cruelty and perfidy, scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. Ile has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms: our repeated peti- tions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the cir- cumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inev- itably interrupt our connexions and correspondence. They too have been deaf to the voice of justice and of consan- guinity. We must, therefore, acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind enemies in wvar, in peace, friends. We, therefore, the representatives of the UNITED STATES OF AMERICA, in General Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, That these United Colonies are, and of right ought to be, FREE and INDEPENDENT STATES; that they are absolved from all allegiance to the British crown, and that all political connexion between them and the state of Great Britain 3 DECLARATION OF II'DEPEMNDE Ju17 4, Ie. is, and ought to be, totally dissolved; and that, as FREE and INDEPENDENT STATES, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to (lo all other acts and things which INDEPENLDFNT STATES may of right do. And for the support of this Declaration, with a firm reliance on the protection of D[VINE PROVnIDFN( E, we mutually pledge to each other our lives, ourfortunes, and our sacred honor. JOHN HANCOCK. Nmw Hampshire.-Josiah Bartlett, William Whipple, Matthew Thornton. Jlassachusetts Bay.-Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. RJhode Island, 4-c.-Stephen Hopkins, William Ellery. C'on nccticut.-Roger Sherman, Samuel Huntingdon, Wil- liam Williams, Oliver Wolcott. New Yark.-William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. Ncw Jersey.-Richard Stockton, John Witherspoon, Fran- cis Hlopkinson, John Hart, Abraham Clark. Pennv2syania.-Robert Morris, Benjamin Rush, Benja- min Franklin, John Morton, George Clymer, James Smith, George Taylor, James Wilson, George Ross. Delaware.-Csar Rodney, George Read, Thos. M'Kean. MJarylan7d.-Samuel Chase, William Paca, Thomas Stone, Charles Carroll of Carrollton. Virginia.-George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, jr., Fran- cis Lightfoot Lee, Carter Braxton. North Carolina.-William Hooper, Joseph Hewes, John Penn. South Carolina.-Edward Rutledge, Thomas Hayward, jr., Thomas Lynch, jr., Arthur Middleton. Georgia.-Button Gwinnett, Lyman Hall, George Walton. 4 THE CONSTITUTION OF THE UNITED STATES, WE, the People of the United States, in order to form a more perfect union, establish justice, insure domestic tran- quility, provide for the common defense, promote the gen- eral welfare, and secure the blessings of liberty to our- selves and our posterity, do ordain and establish this con- stitution for the United States of America. ARTICLE I.-SECTIoN 1. 1. All legislative powers herein granted shall be vested Isslgtive pow. in a congress of the United States, which shall consist of a era. senate and house of representatives. SEcTrioN 2. 1. The House of Representatives shall be composed of Members ofthe , , , , , , boe us of repr-.- members chosen every second year by the people of the tative-how ,ho several states; and the electors in each state shall have e the qualifications requisite for electors of the most numer- ous branch of the state legislature. 2. No person shall be a representative who shall not Qualificationof have attained to the age of twenty-five years, and been orreprewnI4Ut'ev seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned Apportionment among the several states which may be included within r '"pre'.tti- this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within census-when three years after the first meeting of the congress of the to be taken. United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one rep- resentative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three; Massachusetts eight; Rhode Island and Providence Plan- tations one; Connecticut five; New York six; New Jersey four; Pennsylvania eight; Delaware one; Maryland six; Virginia ten; North Carolina five; South Carolina five; and Georgia three. 4. When vacancies happen in the representation from vacncfra how any state, the executive authority thereof shall issue writs filled. of election to fill up such vacancies. CONSTITUTION OF THE UNITED STATES. 5. The house of representatives shall choose their speak- loerepresen- er and other officers, and shall have the sole power of im- tateshcheowtrpeachnllent. SECTIoN 3. 1. The Senate of the United States shall be composed Senate-bow to of twvo senators from each state, chosen by the legislature be chosen, thereof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled in conse- Senators classed. quence of the first election, they shall be divided, as equal- ly as may be, into three classes. The seats of the sena- tors of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every sec- ond year; and if vacancies happen, by resignation or oth- Vacancies inre- erwise, during the recess of the legislature of any state, cess, how filled. the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. 3. No person shall be a senator who shall not have at- Qualification of tained to the age of thirty years, and been nine years a cit- senator. izen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice President of the United States shall be pres- Vice President. ident of the senate, but shall have no vote, unless they be equally divided. 5. The senate shall choose their other officers, and also Sesatetochoo. a president pro tempore, in the absence of the vice presi- their officers.. dent, or when he shall exercise the office of President of the United States. 6. The senate shall have the sole power to try all im- peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no per- son shall be convicted without the concurrence of two- thirds of the members present. 7. Judgment in case of impeachment shall not extend Judgmen-ti-case further than to removal from office, and disqualification to of ipeh hold and enjoy any office of honor, trust, or profit, under the United States; but the party convicted shall neverthe- less be liable and subject to indictment, trial, judgment, and punishment according to law. SECTION 4. 1. The times, places, and manner of holding elections Manner of elect- for senators and representatives, shall be prescribed in each ince embers coo- state by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The congress shall assemble at least once in every Congress to as- year, and such meeting shall be on the first Monday in De- serule annually. cember, unless they shall by law appoint a different day. COS8TITUTION OF THE UNITED STATES. SECTION 5. 1. Each house shall be the judge of the elections, re- Elections, how turns, and qualifications of its own members; and a ma- judged. jority of each shall constitute a quorum to do business; Quorumor ,n but a smaller number may adjourn from day to day, and ate and house of may be authorized to compel the attendance of absent pr tives. members, in such manner and under such penalties as each house may provide. 2. Each house may determine the rules of its proceed- Rules- ings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. 3. Each house shall keep a journal of its proceedings, Journal sbyeach and from time to time publish the same, excepting such hure. parts as may in their judgment require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither house, during the session of congress, shall, Adiourment without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. SECTION 6. 1. The senators and representatives shall receive a com- Compeusation. pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, Privileges. be privileged from arrest during their attendance at the ses- Amsts. sion of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. 2. No senator or representative shall, during the time for Exclusion fromn which he was elected, be appointed to any civil office un- offic der the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office. SEcrioN 7. 1. All bills for raising revenue shall originate in the house Revenue bills- of representatives; but the senate may propose or concur hoiv passed. with amendments, as on other bills. 2. Every bill which shall have passed the house of repre- Bills., their for- sentatives and the senate, shall, before it become a law, "alitiea- be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with WhV-ere to he his objections, to that house in which it shall have origina- ,turnedby theprea ted, who shall enter the objection at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall Two-thirds mny be sent, together with the objections, to the other house, by ass. bills, e ohb which it shall likewise be reconsidered, and if approved by 7 CONSTITUTION OF THE UNITED STATES. two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned Whnbills to be by the President within ten days (Sundays excepted) after rturneed, it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the con- gress by their adjournment prevent its return, in which case it shall not be a law. 3. Every order, resolution, or vote, to which the concur- Orders, resolu- rence of the senate and house of representatives may be toe'app=e d by necessary, except on a question of adjournment, shall be the Fresident. presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. SwECTI 8. The congress shall have power- 1. To lay and collect taxes, duties, imposts, and excises; conre.to lay to pay the debts and provide for the common defense and taxes, dutie, &C- general welfare of the United States; but all duties, im- posts, and excises, shall be uniform throughout the United States: Borrow money. 2. To borrow money on the credit of the United States: 3. To regulate commerce with foreign nations, and To regulate co among the several states, and with the Indian tribes: merce, &c 4. To establish an uniform rule of naturalization, and Naturaliztion, uniform laws on the subject of bankruptcies throughout &c. the United States: 5. To coin money, regulate the value thereof, and of for- coin money. eign coin, and fix the standard of weights and measures: C ..ntereiting 6. To provide for the punishment of counterfeiting the p-2c;ed.e securities and current coin of the United States: Post bsices &c. 7. To establish post offices and post roads: 8. To promote the progress of science and useful arts, Copy right ano by securing for limited times to authors and inventors the patent. exclusive right to their respective writings and discoveries: nferior court. 9. To constitute tribunals inferior to the supreme court: 10. To define and punish piracies and felonies commit- Pircies, &c. ted on the high seas, and offenses against the laws of na- tions: 11. To declare war, grant letters of marque and repri- Declare war. sal, and make rules concerning captures on land and water: 12. To raise and support armies, but no appropriation of Raisearmie.. money to that use shall be for a longer term than two years: i;,. y13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces: 8 CONSTITUTION OF THE UNITED STATES. 15. To provide for calling forth the militia to execute Milua. the laws of the Union, suppress insurrections, and repel invasions: 16. To provide for organizing, arming, and disciplining 1OrgAeh the mL. the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by congress. 17. To exercise exclusive legislation in all cases what- txciniveiesIa. soever, over such district, not exceeding ten miles square, as may, by cession of particular states, and the acceptance of congress, become the seat of government of the United States, and to exercise like authority over all places pur- chased by the consent of the legislature of the state in which the same shall be, for the erection of forts, maga- zines, arsenals, dock yards, and other needful buildings: And 18. To make all laws which shall be necessary and pro- MWake 1.w .- per for carrying into execution the foregoing powers, and iC.r-y and pro. all other powers vested by this constitution in the govern- ment of the United States, or in any department or officer thereof. SF.crioN 9. 1. The migration or importation of such persons as any Limitations of of the states now existing shall think proper to admit, shall the' Pors of Cn not be prohibited by the congress prior to the year one thou- sand eight hundred and eight, but a tax or duty may be personsarftert see. imposed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be Habem corpus. suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or cx post facto law, shall be Attibnd,. passed. 4. No capitation or other direct tax shall be laid, unless Capitatlon and in proportion to the census or enumeration hereinbefore di- direct tax. rected to be taken. 5. No tax or duty shall be laid on articles exported from U any state. fNo preference shall be given by any regula- Id mmemeor tion of commerce or revenue to the ports of one state over tOnnage. those of another: nor shall vessels bound to or from one state, be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury, but i h consequence of appropriations made by law; and a regu- he drhw n. lar statement and account of the receipts and expendi- tures of all public money shall be published from time to time. 7. No title of nobility shall be granted by the United No title or no- States, and no person holding any office of profit or trust bility to be confr- under them, shall, without the consent of the congress, ac- cept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. 2 9 CONSTITUTION OF THE UNITED STATES. SECTION 10. 1. No state shall enter into any treaty, alliance, or con- Limitation of federation; grant letters of marque and reprisal; coin mo- the POWMel the ney; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, cr post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No state shall, without the consent of the congress, Bate nottolay lay any imposts or duties on imports or exports, except impost what may be absolutely necessary for executing its inspec- tion laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such lawvs shall be subject to the revision and control of the congress. Statesnotto sy No state shall, without the consent of congress, lay any -ny duty of ton- duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II.-SECTION 1. 1. The executive power shall be vested in a President Te ectie of the United States of America. He shall hold his office power. during the term of four years, and, together with the Vice President, chosen for the same term, be elected as follows: 2. Each state shall appoint, in such manner as the le- Eletors, how gislature thereof may direct, a number of electors, equal appointed, to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. [3. The electors shall meet in their respective states, Eleutorato met and vote by ballot for two persons, of whom one at least and iote. shall not be an inhabitant of the same state with them- selves. And they shall make a list of all the persons vo- ted for, and of the number of votes for each; which list Proceedings they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representa- tives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal num- ber of votes, then the house of representatives shall imme- diately choose, by ballot, one of them for President; and if no person have a majority, then, from the five highest on the list, the said house shall, in like manner, choose the President. But, in choosing the President, the votes shall be taken by statey, the representation fiom each state hav- 10 CONSTITUTION OF THE UNITED 8TATES. ing one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors, shall be the Vice President. But if there should remain two or more who have equal votes, the senate shall choose from amd. .i.iJ. them, by ballot, the Vice President.] 4. The congress may determine the time of choosing Elector, when the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. 5. No person, except a natural born citizen, or a citizen Qu-lficatioaU of Presidet of the of the United States at the time of the adoption of this United State.. constitution, shall be eligible to the office of President: neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five y-ears, and been fourteen years a resident within the United States. 6. In case of the removal of the president front office, !nclaeofthIr' or of his death, resignation, or inability to discharge the presidenthi.pow. powers and duties of the said office, the same shall de- e 'du tiest volve on the Vice President, and the congress may, by law, Vice President. provide for the case of removal, death, resignation, or ina- blity, both of the President and Vrice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his President of the services a compensation, which shall neither be increased Uontpedn tateio nor diminished during the period for which he shall have been elected, and he shall not receive within that period anv other emolument from the United States, or any of them. 8. Before he enter on the execution of his office, he shall take the following oath or affirmation: 9. "I do solemnly swear (or affirm) that I will faithfully Oath of office. execute the office of President of the United SLates, and will, to the best of my ability, preserve, protect, and de- fend the constitution of the United States." SECTiOX 2. 1. The President shall be commander-in-chief of the PoWe. or the army and navy of the United States, and of the militia of rI-iddent or the the several. states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for all offenses against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and con- Make treaties sent of the senate, to make treaties, provided two-thirds of cnd appoit 0o5. the senators present concur; and he shall nominate, and by of the eoate. and with the advice and consent of the senate, shall ap- 11 CONSTITUTION OF THE UNITED STATES. point ambassadors, other public ministers, and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein other- wise provided for, and which shall be established by law. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies FPi1VaCn- eIu that may happen during the recess of the senate, by grant- tfbceM isretcess Of ing comraissions which shall expire at the end of their next session. SECTiON 3. 1. Ile shall, from time to time, give to the congress in- FrTber powr formation of the state of the Union, and recommend to .nd d0utes of their consideration such measures as he shall judge neces- sary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and, in case of dis- agreement between them, with respect to the time of ad- journment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other pub- lic ministers; he shall take care that the laws be faithfully executed; and shall commission all the officers of the United States. SECTION 4. 1. The President, Vice President, and all civil officers of C1,11 M-- the United States, shall be removed from office on impeach- able by i ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE IlI.-SECTION 1. 1. The judicial power of the United States shall be Judicial po. e vested in one supreme court, and in such inferior courts as _od tenure oP te the congress may, from time to time, ordain and establish. Judges. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. ScTON 2. 1. The judicial power shall extend to all cases in law Eztent and equity, arising under this constitution, the laws of the judicial power. United States, and treaties made, or which Fhall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiral- ty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies be- tween two or more states; between a state and citizens of another state; betveen citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; and 12 CONSTITUTION OF THE UNITED STATE.1 between a state, or the citizens thereof, and foreign states, "s -meedment citizens or subjects. Artie It. 2. In all cases affecting ambassadors, other public min- Jurisdiction or isters and consuls, and those in which a state shall be a 1remc cut. party, the supreme court shall have original jurisdiction. In all the other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make. 3. The trial of all crimes, except in cases of impeach- T,.l1 by jury. ment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may, by law, have di- rected. SEc-rioN 3. 1. Treason against the United States shall consist only Treason. in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convict- ed of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The congress shall have power to declare the punish- Attuind- ment of treason, but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted. ARTICLE IV.-SEc ioi 1. I. Full faith and credit shall be given in each state to Acts. records, the public acts, records, and judicial proceedings of every srtdtces . other state. And the congress may, by general laws, pre- scribe the manner in which such acts, records, and proceed- ings shall be proved. and the effect thereof. SECTrioN 2. 1. The citizens of each state shall be entitled to all priv- Citi-zhip. ileges and immunities of citizens in the several states. 2. A person charged in any state with treason, felony, Fugltivccrjmis or other crime, who shall flee from justice, and be fiound in another state, shall, on demand of the executive authority of the state from which he fled, be delivered tup, to be re- moved to the state having jurisdiction of the crime. 3. No person held to service or labor in one state under Fugitve staves. the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or labor, but shall be delivered ui) on claim of the party to whom such service or labor mnay be due. SETrloN 3. 1. New states may be admitted by the congress into this or new att. Union; but no new state shall be formed or erected within the jurisdiction of any other state; nor any state be form- 13 CONSTTUON OF THE UNTED STATE. ed by the junction of two or more states, or parts of states, without the consent of the legislature of the states con- cerned, as well of the congress. 2. The congress shall have power to dispose of, and TeItory of tmake all needful rules and regulations respecting the ter- United Sttes. ritory or other property belonging to the United States; and nothing in this constitution shall be so construed as to pre- judice any claims of the United States, or of any particu- lar state. SEcT-oN 4. 1. The United States shall guarantee to every state in Repubtlicn fr.ot this Union a republican form of government, and shall pro- gr.-er-r..ent guar- tect each of them against invasion, and on application of atted, the legislature, or of the executive, when the legislature cannot be convened, against domestic violence. ARTICLE V. 1. The congress, whenever two-thirds of both houses or amendments shall deem it necessary, shall propose amendments to this totbec.ntitutlon constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be val- id, to all intents and purposes, as part of this constitution, when ratified bythe legislatures of three-fourths of the sev- eral states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. 1. All debts contracted and enga-ements entered into, waite pior to before the adoption of this constitution, shall be as valid t1-:-1-'opi othe against the United States under this constitution, as under the confederation. 2. This constitution, and the laws of the United States Fnrrfrtteron- which shall be made in pursuance thereof, and all treaties treatuieo p rt. made, or which shall be made, under the authority of the -'j tes. United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary not- withstanding. 3. The senators and representatives before mentioned, Oath tos,,pport and the members of the several state legislatures, and all tire c-inttuti.o. executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affir- matioh, to support this constitution: but no religious test Betipoustet, shall ever he required as a qualification to any office or public trust under the United States. 14 CONSTITUTION OF THE UINITED STATES. ARTICLE VII. 1. The ratification of the conventions of nine states, Ratification. shall be sufficient for the establishment of this constitution between the states so ratifying the same. Done in Convention, by thc unanimous consent of thc states present, the seventeenth day of S&ptembcr, in thc ycar of our Lord one thousand seven hundred and cighty-scven, and of the Independence of the United Staics of America the twclfth. In witness whercof; we have hereunto subscribed our names. GEORGE WASHINGTON, PREISIDENT, and deputy from Virginia. Ncw Hampshire.-John Langdon, Nicholas Gilman. Massachusetts.-Nathaniel Gorham, Rufus King. Connecticut.-William Samuel Johnson, Roger Sherman. New York.-Alexander Hamilton. NCw Jersey.-William Livingston, David Brearly, Wil- liam Patterson, Jonathan Dayton. Pennsylvania.-Benjarnin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimions, Jared Ingersoll, James Wilson, Gouverneur Morris. Dlaware.-George Read, Gunning Bedford, jun., John Dickinson, Richard Bassett, Jacob Broom. ilaryland.-James Mlc-enry, Daniel of St. Thomas Jen- ifer, Daniel Carroll. Virginia.-John Blair, James Madison, jun. North Carolina.-William Blount, Rich'd Dobbs Spaight, Hugh Williamson. South Carolina.-John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia.-William Few, Abraham Baldwin. Attest: WILLIAM JACKSON, &ecretary. AMENDMENTS TO THE CONSTITUTION. [The following Amendments were proposed at the first session of the first Congress of the United States, which was begun and beld at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states. 1st Volumue of the Laws of the United States, page 72.] ARTICLE I. 1. Congress shall make no law respecting an establish- FaexerciFE ment of religion, or prohibiting the free exercise thereof; r.-Iagion.bfre(-d. or abridging the freedom of speech, or of the press; or the the PIres, -ed the right of the people peaceably to assemble, and to petition r p the government for a redress of grievances. 15 CONSTITUTION OF THE UCiTED STATES. ARTICLE II. 1. A well regulated militia being necessary to the secu- RigBttobe"ans rity of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE Ill. 1. No soldier shall, in time of peace, be quartered in any Soldir nt t house without the consent of the owner, nor in time of war b quartered but in a manner to be prescribed by law. ARTICLE IV. 1. The right of the people to be secure in their persons, Peopi to be s. houses, papers, and effects, against unreasonable search- cured againstar- - es and seizures, shall not be violated, and no warrants shall .and ci.-r issue but upon probable cause, supported by oath or affir- mation, and particularly describing the place to be search- ed, and the persons or things to be seized. ARTICLE V. 1. No person shall be held to answer for a capital or Criminal pr- otherwise infamous crime, unless on a presentment or in- ceadinpinsulatd dictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual ser- vice, in time of war or public danger; nor shall any per- son be subject, for the same offense, to be twice put in jeo- pardy of life or limb; nor shall be compelled in any crim- inal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; Privat Property nor shall private property be taken for public use without just compensation. ARTICLE VI. 1. In all criminal prosecutions, the accused shall enjoy Trial by jury Fe the right to a speedy and public trial, by an impartial jury cured in cri inal of the state and district wherein the crime shall have been proccediagc &C.committed, which district shall have been previously as- certained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witness- es against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of coun- sel for his defense. ARTICLE VII. 1. In suits at common law, where the value in contro- Trial by jury in versv shall exceed twenty dollars, the right of trial by jury commun law ca- shall be preserved; and no fact tried by a jury shall be oth- bad e erwise re-examined in any court of the United States, than according to the rules at the common law. ARTICLE VIII. 1. Excessive bail shall not be required, nor excessive Excamiwna.L fines imposed, nor cruel and unusual punishments inflicted. 1ff CONITUTION OF THE UNITED STATE. ARTICLE IX. 1. The enumeration in the constitution of certain rights, Rtebt7ret.teed shall n-it be construed to deny or disparage others retained by pefi pk' by the people. ARTICL E X. I. The powers not delegated to the United States by the PoerI not raot- constitution, nor prohibited by it to the states, are reserve- &C, "'e ed to the states respectively, or to the people. fThe following Amm,1,,ii-mt wal prpti-ed at the r.u,-ni sesion of the third e:nnbgrevt. It ii priuted in the Laws or the United States, L vol. p 73, s" artiLe I1. ] AstTicLE XI. 1. The judicial power of the United States shall not be tts .. to b. construed to extend to any suit in law or equity, comnmnenc- s-d, &c. ed or prosecuted against one of the United States by citi- zens of another state, or by citizens or subjects of any for- eign state. [The three frllowing tcti-ne were Bpooed as Amendments at the first Khian of th.-eighth -ungrew. They are printetdin the Laws of the Uuited States as arnide 12. ] AxTicLE XII. 1. The electors shall meet in their respective states, and Xemr ofness. vote by ballot for President and Vice President, one of Art' whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the sen- ate and house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president, shall be the Piesident if such number be a majority of the whole num- ber of electors appointed; and if no person have such ma- jority, then from the persons having the highest numbers, not exce, di ig three, on the list of those voted for as Presi- dent, the h 3use of representatives shall choose i:nmediate- G Ge ly, by ballot, the President. But in choosing the President, idwat A the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist ef a member or members from two-thirds of the states, and a majority of all the states shall be neces- sary to a choice. And if the house of representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next it Pr"deat not ftdowinj, then the Ve Pesient shall act as Prmsidn t, - 8 17 is CONSTITUTION OF THE UNITED STATES. as in the case of the death or other constitutional disabill- ty of the President. 2. The person having the greatest number of votes as Fc1e, Rben to Vice President, shall be the Vice President, if such number 1sct tksvepr- be a majority of the whole number of electors appointed; and if no person have a majority, then from the two hig'h- est numbers on the list, the senate shall chooeC the Vice President; a quorum for the purpose shall consist of two- thirds of the whole number of senators, anti a majority of the whole number shall be necessarv to a choice. 3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice President of the United States. [In the edition of the Laws of the United States, and also in the edition of the Digest of the Laws of Kentucky printed in 1F22. there is an Am.end- ment printed as article 13, prohibiting citizen. from accepting titles of no- bility or honor, or presents, offices, a, from for-ign nation.s. But, by a message of the president of the United States, of the 4th of February, 181P, inl answer to a resolution of tbhHouse of Representati-es, itappears that this Amendment had been ratified only by 12 states, and thererore hal not been adopted. See vol. 4 of the printed papers of the 1st session of the 15th Congress, No. 76.] INDEX TO THE CONSTITUTION OF THE U. STATES. ART. SEC. rAGL. Act", records. and judicial proceedings of each state, entitled to faith and credit in other states - - - - - 4 1 13 Amemmdmentsto the constitution, how made- - - - - - - 5 1 14 Attainder, bill of, prohibited - - - - - - - 1 9 9 Attainder of treason, shall not work corruption of blood or forfeiture, except during the life of the person attainted -3 3 13 Bills, for raising revenue, shall originate in the HGuse of Representatives - 1 7 7 before thev becomne laws, shall he pasisd be both holmse-, and approsved by President; or, if dlisapproved, shall be passed by two thirds of each house - - - - - - - - - - - 1 7 7 not returned in 10 davs, Unless an adjournment intervene, shall be con- sidered as approved - - - - - - - - - - 1 7 8 Census, or enumeration, to be made every ten years- - - - 1 2 5 Claimns of the United States, or of the several states, not to be prejudiced by any construction of the constitution - - - - - 4 3 14 Citizens of each state, shall be entitled to the privileges and immunities of cit- izens in the several states- - - -- - - - 4 2 13 Commerce, regulations respecting. to be equal and uniform - - - - 1 9 9 Congress, vested with legislative power - - - - - - - 1 1 5 may alter the regulations of state legislatures concerning elections of senators and representatives, except as to piece of choosing sen- ators -1 4 6 shall assemble once every year - - - - - 1 4 6 may provide for cases of removal of President and Vice President 2 1 11 may determine the time of choosing electors of President and Vice President -2 1 11 mayinlvesttheappointmentof inferiorofficers inthe presidentalone, in the courts of law, or the heads of departments - - 2 2 It Maj, from time to time. establish courts inferior to supreme court 3 1 12 INDEX TO TIEE CONSTITUTION OF THE UNITED STATELS. 19 ART. SEC. PAGE. Congress, may, with one limitation. declare the punishment of treason, - 3 3 13 may prescribe the nianner of proving the acts, records, and judi- cial proceedings of each state-4 1 13 the assent of, required to the formation of a new state within the jurisdiction of any other, or by the. junction of two or more, - 4 3 13 may propose amendments to constitution, or, on application, call a convention --5 1 14 the assent of, required. to the admission of new states into the Union 4 3 13 to lay and collect duties ott imposts and excises - - 1 8 8 to borrow mioney - -1 8 to regulate commerce . 1 8 8 to establish uniform laws of bankruptcy and naturalization 1 8 8 to coin nioney. regulate the value of coin, and fix a standard of weights and measures - -1 8 8 to punish cointerfeiting .1 8 8 to establish post offices and post roads .1 8 8 to authorize patents to authors and inventors - - - 1 8 8 to constitute tribunals inferior to the supreme court - 1 8 8 to define and punish piracies, felonies on the high seas, and offen- ses against the laws of ations - - - - - - - 8 8 to declare wvar, grant letters or marqoe, and make rules concerning captures - -1 8 8 to raise avid support armies- -1 8 8 to proide and maintain a navy - -1 8 8 to make rules for the government of the army and navy 1 8 8 to cail for the militia in certain cases- -1 8 9 to organize, arm, avid discipline militia. 1 8 9 to exercise exclusire legislation over ten miles square - 1 8 9 to pass lawvs necessary to carry the enumerated powers into effect 1 8 9 to dispose of and make rules concerning the territory or other prop- erty of the United States - -4 3 14 Constitution, formed by the people of the United States, (Preamble) - 5 howv amnided --5 1 14 and the laws under it, and treaties, declared to be supreme law, 6 1 14 rendered operative by ratification of covtl ontions of nine states 7 1 15 Conventions, for proposin-g uniendiulcits to the -otistitution - - 5 1 14 Court, Supreme, its original a.,.l appellate jurisdiction - - 3 2 12 Courts, inferior to the supreitme court, tnay be ordained by congress 3 1 12 Crimes, persons accused of, decing fromi justice, may be detitaded . 4 2 13 Debts against the confederation valid against the U. S. under this constitution 6 1 14 Ditties,oit expots. prohibited 1 9 9 oti inporut and export, itposed by state, shall enure to U. S. treasury I 10 10 Elections, of semiatitrs anY representatires, shall be prescribed by the state le- gislatures, as to time, place. and natinr -1 4 6 quuliflcatitlsmisand returis of mntribcrs of congress, to be determin- ed bv eachhnvmnce-- - - - - - - - - 1 5 7 Electors, of Presitledit and Vice President, how chosen and their duties - 2 1 10 ate!I 21ih Aniendment shall vote the sante day tlrottgblout the Uttited Slates - - . 2 1 10 no senatottr or roepresrittative holditig office omletr the Uttited States shIall erres --2 1 10 Exports-ne- Tax -1 9 9 aidl imiports, ditties -n by states, to be payable into the treasury of the UTn.ited Sates -1 10 10 Ex post facto law, tone shall be passed 1 9 9 Habeas Corpus, writ of, can only be sutspended in cases of rebellion or in- va-ionn-1 9 9 Impeachment, all civil officers liable to --2 4 12 pt-s-ons foimil guilty by, liable to indictment, and punishment fair the offsee - -1 3 6 Importation of slave i uttil prohibited. a dity a-thorized on after 1808, 1 9 9 Judges, shall hblll their offices diriitg on-i behavior - -3 1 12 compensation of shall not be &imintiihed during continuance in office 3 1 12 Judicial power, vested ill a srene court, and courts inferior - - - 3 1 12 the cases tow tich it extends -3 2 12 Jury trial shall be held in the elate where the crime shall have been committed 3 2 13 if the crinme have not been committed within a state, the trial shall be held at the place congress shall hars direct"d - - . 3 2 13 20 IDEX TO THE CONSTITUTION OF THE UNITED STATs ART. SEC. rAGE. Jury, trial by, aeuewd in prosecutions for all cruis, except in CaseS of im- peachment- 3 2 13 and in iuits at common law where the value in controversy shall exceed S2W, 7th Amendment- 16 Law, supreme, the constitution, the las under it, and treaties declared to be 6 1 14 Legirilatave powers, vested in congress-see Consgress- - - - -1 1 5 JMoney to be drawn from tbe treasury only by laws appropriating - - - 1 9 9 Nobility, titles of, shall not be grant,-d by the United States - - - - 1 9 9 Officers of the senate. except their president, shall be chosen by the senate - 1 3 6 civil, may be removed by impeachment .2 4 12 Order of one house, requiring thie concurrence of the other-see resolution - 1 7 8 Personsa held to laboror service, their importation or migration into the United States may be prohibited after 1108 - - 1 -- - I 9 9 cscaping frim on.e state to anoLher, shall be delivered up to those en- titled to their service- 4 2 13 Powers not delegated are reserved to the people, or, when not prohibited, to the stwes. 10th Amend trent --17 Legislative-see Con.gress- I 1 5 E-xcuiivsve 1'r-ei.siiLt 2 1 It Judi.ial-- Judicial - -3 1 12 Present, e-il-lutnerit.. offie. or title, from a foreign king. prince, or state, to persus t-ildiigr offi,-ei if profit or tr-st prohibited - - - 1 9 9 Preidnt of the (Yuited States vested -ith, the execu tive power 2 1 10 shall be chosen for four vears - - 2 1 10 ho.,, elected - -2 1 1t -qualiicatins for -- -- - -2 1 11 coin pensation of - -2 1 11 shall take aii oath office - -Ai 2 1 11 may be removved by impeachment - 2 4 12 shall be conmnander-in-c.iefof armv an, navy 2 2 11 may require the writien opinion of the lieaits of departnienis - -2 2 1 I may reprieve and pardon - 2 2 11 may make treatie-. . ith consent of 11w senate 2 2 11 may appoint to oflice. with consent of senate 2 2 11 shall hid up vacancies happening duringthe re- cess of the stnate - - - - 2 2 12 shall give iniorniation to congress, and recoi- mneni measures - - 2 3 12 may con seite Ith ionses. oreither hotise 2 3 12 may adlourn thenm in case of dis:trreement 2 3 12 shall receive aniibassdors and pblic min-tsiri 2 3 12 shall take care that tie lavS be iaibhftily .,e- c-ied - - - - 2 3 12 shall commission a.l ofhicers of tile U. S:rites, 2 3 12 i., ase of dea!h, &., -hlall -leve on he Vie Presideor aid -i, su.h oiler officer dS cay be p-cvrded hy la.- 2 1 10 Prolerty shall not be taken for public use . ithoht just couipeiisati-in, 5th a,.;enI. 16 Quorum, a hat shall be for business- 5 7 ci states., ii chcosing a Puesident by the house of representatives 2 1 10 Receipts and expenditures accounts of. to he published - . - 1 9 9 RIeptesentatives, louse of, coripcsed of rieribers chosen every secon,,d year 1 2 5 qualificationscf the electors of its iubciihers . 1 2 5 qualiticatcons of members- - - - - 1 2 5 shall nnt exceel con for 30,lt9)- - - - - 1 2 5 shall choone their speaker a-d cthler officers I 2 6 shall have tIe pser of inmpeaclhient 1 2 6 shall belle iudgeof the returns electionsr, ao qlitivations. of its members --- 1 5 7 w hat shall be quoru.m of --1 5 7 any nunlmer m.ay ad,curn, and compel the attendance of ab- sentees - - - - . . - . . 1 6 7 oay dsaerirmie the rules of psuesding 1 5 7 LMDEX TO WEE CONSTITMT1N OF THE UNITM D STATEI 21 3T. SEC. WAGE. Representatives, Housqe of- ]may punish orexpel a member -1 5 7 shall keep a journal, and publish the same, except the parts requiringsecre y-1 5 7 shall not adjourn for more than three days, nor to any other place, without the consent of thesenate - - - 1 5 7 one-fifth of. present. mytv require tbe yeasandl nays - 1 5 7 shall originate hills for raising revenue - - - 1 7 7 shall receive a compensahion. to be asrertainedl Fy law 1 6 7 privileuced fromar arrest during attendance, and in going andi returning. except in certain cases - - - 1 6 7 shall not be questione.d elsewhere for any speech or .lebate in the house 1 6 7 shall n.1t be appointed to the offices created, or -hose coin- pensatrons shall have been increased during tIre time fur whielh tthey are elected -1 6 7 can. whilet .erving. hold no office under tihe United States I 6 7 -hall not serve as primary electors of Pre-idlent - - - 2 1 10 Reprenentetives ad lirect taxes apporrtimele aceLrr1irrg tcrubers - - 1 2 5 Representation of a sate, va.:ancies in supplied until a new election by the executive authoritv thereof -1 2 5 ResolItion, order, or vote, requiring the concurrenee on both houses, (except fur an sdjuurnnenert.) a all be presented to the Prerident, and undergo the formnaitiesof bill.4 1 7 8 Rights of tie citizen declared to be- AMEND. PAGE. liberty of cunreleaiece iii niatter. of religion 1 15 fre-dimin of sptee.h awd of tlre press. 15 to aite-fble aridl petition - IJ to keep aird bear arw- ..2 16 to be !xeri pt from tire quartering of soldiers, in any house, in time of peace, withournt the consent of the owner; alid ir tinre of war, unless pre-crbecd by law 3 16 to Ie secure fromi rnnnreasonable seareires a&ri seizures - - - 4 16 to be free, except it. the ar.i.y, iirry, arid imrilitia, from answering for a capital or otherwise idfanrirus crimie, unless on preneutruerit or indict- nr-rnt of graol- jury.5 16 aint t. he twice jeopard1izeI for tIre same ifefnse -5 16 anr 14, be -orirpelln-I, in. erirnioal ca.e., t be a Writiess agairrnt hinvielf - 5 16 not to be d.-privcel .ri life, lilterty, -,r pr.rp-ty with i..t .lue c.irr.ie of law 5 li privaate property -hall uot be taken, fur public use without just conilpell- r tation-l - - - - - - - - - - - - 5 16 that th! aecr.ser., in criririnral prrecritioria sball enjery the right of a pee.ly publiic trial by air i .ipartial jury of the vicinag,-; arid the ironils -ie-ec-ary for hii. b e - - - 6 16 that, iii cr11 civil case-, farct- trie-l by a jrrry shall only be re examirirned irrcrrrrliiig tI the rulen- , th-e.coini..... law 7 16 in sut tms at ..o.i..i. aulV where value exceeds 20 trial by jrry-aee Jury 7 16 that exce-,-ive r.,il n.11 Ii-t. be req;iir--l. exc.eive fines r-ciprir-d, nor cruel or r iiritni:ul p'n in i-h ircnit,, ii, i te.- - - - 8 16 that t IIr I eI..eii.rrajt o . .. certain. rights shall riot operate Conistructively agaiu-il the retaired rig-hts- 9 17 ART. SEC. PAGE. Scliste f tire UI'ited State, conpenund of tIwo enatirs fnrm each state - - 1 3 6 her. I-r-.-ei- . cl.-re-I, erd 1tr rirc ervire -6 q rditieis ie.. f .i..e-err,. tiv.-;rrI.f e.9 rears a citizen, &e. - 1 3 6 thulil clisetrleee- I rrsitlhert. r-xc..lithtIe pre-irle-it 1 3 6 ilrhale b.-j .le ref th'. ehr:tiri. retrirrr, and qualifications of itrs relubers 1 5 7 vlrat Ie.....ilrer Ahill be qrrrrruli 1 5 7 airy riil-Iber maiy a.ljorerii. arid ornpel attendance of absentees - 1 5 7 relay puri.h ir expel a wireruber 1 5 7 il-- ,vlerinirie its reler -1 5 7 blnall ke.-pa j.errral, an.i pnurli-h same, except parts reqniringsecreey I 5 7 sall-II I-t ualanrn firr feeree -r, II: thr- -.lanv. ricer in. any other place with- rLet the err-errt of the hloe-e of repr-e-ntative, - - - 1 5 7 oure fir; 1, of. pre-eant, ic-v reqeeire Ile yeas aid navys - 1 5 7 nrury pre.p-s aen-drrelerlelits to bills fcrr raiinig revenue - 1 7 7 shall try inirpeach u-nts ..1 3 C their jI;d9gmWuts urily to exte.ud to rewoval frunt, aud to disqualify for tfic. . . . _ . . . . . I I 111 22 1NEX TO THE CONSTITTON OF O TH UNITED STATES. ART. SEC. PAGE. Senate of the United States- memnbers of, shall receive a compensation to be ascertained by law 1 6 7 privileged fronm arrest ..1 6 7 shall llet be qnest ioned elsewhere for any speech or debate in the hnuse 1 6 7 shall not be appointed to offices of the Lnized States created, or whose emolumneints lave been increased during the terms for which they were electe l - - - - - - , - - - , - 1 6 7 Senators and Representatives, elections of, how prescribed - 1 4 6 Senator ,hall Lot be an elector of President 2 1 10 Slaves-see Persons held to service. States, prohibited from emiteci..g into any treaty, alliance, or confederation - - I - 1 10 10 granting letters of mnarque 1 10 10 co1.inig uoney -1 10 10 emnittilig bills of credit 1 10 10 makinag alything a tentder but gold and silver coin - - - 1 10 10 passiD, bills of attainder, ex poet facto laws, or laws im:pairing con- tracts---1 10 10 granting titles of nobility -1 10 10 laving i1npo.t, or duties on imports and exports for their own use - I 10 10 laying. duties on tonn..age without th-e conemit of congress - - - 1 10 10 keepin troop, or shipsjof war, in tifne of peace I-- - 10 10 entering illtO aly agreement or contract with another state, or with a foreign power -1 10 10 engagimig in war, unless actually ilivaded or in imminent danger - - 1 10 10 States, new, may be admitted into the Union - - - 4 3 13 may be friled witlhin the jurisdiction of others, or by the juna- tion of two or niere, with the consenit of conigress amid tie le- gislatures con erned 4 3 13 States, Judges if, bo-n d to consider treaties, the constitution, and the laws under it, as supreme -6 1 14 States, majority of atll, necessary to the choice of President - - . - 2 1 1J Srate, each, tim be guarantiel republican form of govm-rnmi.,t; protected against invasion; and secured, upon application, against domesticviolence - - 4 4 14 Tax, capitation or d irect, shall be laiNM only in proportion to census - - 1 9 9 Tax, on exports frii:n a state, prohibited -- 1 9 9 Taxes, direct, shall be appirtiomied acc rding to representation - 1 2 9 Territiry or property belLoging to U. S. coigress may make rules concerning 4 3 14 Test, religius., shall not be reqlired - -6 3 14 Tr,-asin defi-ied --3 3 13 two witnesses, or confescion, tiecessary for conviction . 3 3 13 ptinishnmehmt of, niay be prescribed by c-ongress, with ne limitation 3 3 13 or other crime, per.-ons charged with in one state, fleeing iiito another, shall, on demiiand. be delivered ip - -4 2 11 Treasury, monley drawn, from, niiy by appropriation -- 1 9 9 Treaties, the supreme law --6 1 14 Vacancies happening during recess of senate may be filled temporarily by Fre.ident- - - -- 2 2 12 in representatiin in cingr.s5, how filled 1 2 5 Vessels to enter, clear, aiidl pay dutie in states inl which they arrive or depart from -1 9 9 Vice President of the United States to be President of the senate, except when exerciiing the iffi, ,f Pre-ident of the United States 1 3 6 holwel-cted (anid 12th Amemlnlinerit) -2 1 10) quxalifi-ati- for, 12th Amiendmnct - - - - 17 shall, iii certain eases. lisarge the duties of Presidenit of U. S. 2 1 11 may be removeJ by injmpca huielnt - -2 4 11 Vote of onehouse, requiringtheconcurreuce of tIe other-see Resolution 1 7 7 AULND. PAGg. Warrants for searches and seizures, wben and how they shall issue - . 4 16 Witness, in criminal ca.es, no one compelled to be against himself . 5 16 COMPACT WITH VIRGINIA. COMMONWEALTH OF VIRGINIA. An Act concerning the erection of the District of Kentucky in- to an Independrint State. Passed the 1th of Deeneber, 17E9. WHEREAS, it is represented to this present General As- reamble sembly, that the act of last session, entitled, "an act con- cerning the erection of the District of Kentucky into an independent state," which contains terms materially differ- ent from those of the act of October session, one thousand seven hundred and eighty-five, are found incompatible with the real views of this commonwealth, as well as injurious to the good people of the said district: SEc. 1. Be it enacted by the General Asscinbly, That in the Repmer-tatics. month of May next, on the respective court days of the t aes- - counties within the said district, and at the respective places ted in Kentucky of holding courts therein, representatives to continue in di,,ritt appointment for one year, and to compose a convention, with the powers, and for the purposes hereinafter mention- ed, shall be elected by the free male inhabitants of each Qual0ction of county above the age of twenty-one years, in like manner te as delegates to the General Assembly have been elected within said district, in the proportions following: In the county of Jefferson shall be elected five representatives; in the county of Nelson five representatives; in the coun- tv of Mercer five representatives; in the county of Lin- coln five representatives; in the county of Madison five representatives; in the county of Fayette five representa- tives; in the county of Woodford five representatives; in the countv of Bourbon five representatives; and in the county of Mason five representatives: Provided, that no free male inhabitant above the age of tventy-one years, Quali..catlo of shall vote in any other county except that in vwhich he re- p sides, and that no person shall be capable of being elected unless he has been a resident within the said district at least one year. SEX. 2. That full opportunity may be given to the good Election to be people of exercising their right of suffrage on an occasion conti-ied 5 days. so interesting to them, each of the officers holding such elections, shall continue the same from day to day, passing over Sunday, for five days including the first day hand shall cause this act to be read on each day immediately preced- ing the opening of the election, at the door of the court Dtytofoth af COMPACT WITH VIRGINIA. house or other convenient place; each of the Laid officers shall deliver to each person duly elected a representative, a ce tificate of his election, and shall transmit a general return to the clerk of the supreme court, to be by him laid before tire convention. Sac. 3. For every neglect of any of the duties hereby en- p .. ty on " joined on such officer, he shall foifeit one hundred pounds, &, angi-af-:uY to be recovered by action of debt by any person suing for the same. &_c. 4. The raid convention shal be held at Danville on The cr"elon- the twenty-sixth day of July next, and shall and may pro- toeanrme -pan ceed, after choosing a president and other p.oper officers, OfS.Ive0 and settling the proper rules of proceeding, to consiler and trig istit W.a. determine whether it be expedient for, and the will of the --o g'od people of the said district, that the same be erected into an independent rstate, on the terms and conditions fol- lowing: Szc. 5. First, that the boundary between the proposed Boundary. state and Virginia, shall remain the same as at present separates the district from the residue of this common- wealth. Szc. 6. Second, that the proposed state shall take upon Tbeopeatt itself a just proportion of the debt of the United Staters, IO Ply P and the payment of all the certificates granted on account cf and of this Cor- the several expeditions carried on from the Kentucky dis- .-Woai". trict against the Indians, since the first day of January, one thousand seven hundred and eighty-five. Sac. 7. Third1 that all private rights and interests of rland Ac is lands within the said district, derived from the laws of Vir- usure IF ginia prior to such separation, shall remain valid and se- cure under the laws of the proposed state, and shal be de- termnined by the laws now existing in this state. SEc. 8. Fourth, that the lands within the proposed state lo_ lau. , of non-resident proprietors, shall not in any case be taxed nR. rCarcut ,r higher than the lands of residents, at any time prior to the ,rn aSS tO admission of the proposed state to a vote by its delegates in congress, where such non-residents reside out of the United States, nor at any time either before or after such admission, where such non-residents reside within this com- monwealth, within which this stipulation shall be recipro- cal; or where such non-residents reside within any other of the United States, which shall declare the same to be reciprocal within its limits; nor shall a neglect of cultiva- xfrlcr of ea tion or improvement of any land within either the propos- en] state or this commonwealth, belonging to non-residents, t,; _Ir t citizens of the other, subject such non-residents to forfeit- rf ix Y.r.. use or other penalty, within the term of six years, after the admission of the said state into the federal Unien. Sv7. 9. Fifth, that no grant of land orland warrant to be G--r of lad irsue I by the proposed state, shall interfere with any war- w ts czmmnO- rant heretofore issued from the land office of Virginia, -.te AX wichl shall be located on land within the Paid district, now t' ;stc:r liable thereto, on orbefore the first day of Septemabern one thousand seven hundred and ninety-one. 24 SEC. 10. Sixth, that the unlocated lands within the said Uocate. land district, which stand appropriated to individuals, or descrip- rdtOIlN tion of individuals, by the laws of this commonwealth, for t.ry se.ices tot. military or other services, shall be exempted from the dis- of'Mu, 179', position of the proposed state, and shall remain subject to by Virsiit. be disposed of by the commonwealth of Virginia, accord- ing to such appropriation, until the first day of May, one thousand seven hundred and ninety-two, and no longer; thereafter the residue of all lands remaining within the lirnits of the said district, shall be subject to the disposition of the proposed state. SEc. 11. Seventh, that the use and navigation of the ravigtio or river Ohio, so far as the territory of the proposed state, or d.coon. the territory which shall remain within the limits of this commonwealth lies thereon, shall be free and common to the citizens of the United States, and the respective juris- dictions of this commonwealth and of the proposed state on the river as aforesaid, shall be concurrent only with the states which may possess the opposite shores of the said river. Szc. 12. Eighth, that in case any complaint or dispute Cotmiloners shall at any time arise between the commonwealth of Vir- '.hi . hee ginia and the said district, after it shall be an independent rejvctcl t state, concerning the meaning or execution of the forego- ing articles, the same shall be determined by six commis- sioners, of whom two shall be chosen by each of the par- ties, and the remainder by the commissioners so first ap- pointed. SEC. 13. Provided, however, That five members assem- What number of bled shall be a sufficient number to adjourn from day to --n-btrnc''aa. day, and to issue writs for supplying vacancies which may baui-ew, and to happen from deaths, resignations, or refusals to act; a ma- ti.. ".-ccc' jority of the whole shall be a sufficient number to choose t7eh're-tn otr --ddistrict Into a president, settle the proper rules of proceeding, author- isdepeade..tsta c ize any number to summon a convention during a recess, and to act in all other instances where a greater number is not expressly required. Two-thirds of the whole shall be a sufficient number to determine on the expediency of forming the said district into an independent state on the aforesaid terms and conditions: Provided, that a majority of the whole number to be elected concur therein. SEc. 14. And be it further enacted, That if the said con- Wbentbeh uthor vention shall approve of the erection of the said district n.-on0wres-N'b theI sid distrit to into an independent state on the foregoing terms and con- ditions, they shall and may proceed to fix a day posterior to the first day of November, one thousand seven hundred and ninety-one, on which the authority of this common- wealth, and of' its laws, under the exceptions aforesaid, shall cease and determine forever over the proposed state, and the said articles become a solemn compact mutually binding on the parties, and unalterable by either without the consent of the other. SEC. 15. Provided, howeter-, That prior to the first day The ssent of tbh of November, one thousand seven hundred and ninety- aett b 4 e. ye5 COMIPACT' WITH VIRGLNu. COMPACT WITH VIRGINIA. one, the general government of the United States shall as- sent to the erection of the said district into an independent state, shall release this commonwealth from all its federal obligations arising from the said district as being part thereof, and shall agree that the proposed state shall im- mediately after the day to be fixed as aforesaid, posterior to the first day of November, one thousand seven hundred and ninety-one, or at some convenient time future thereto, be admitted into the Federal Union. SEc. 16. And to the end that no period of anarchy may Th. cnntion happen to the good people of the proposed state, it is to be toprvide r the understood that the said convention shall have authority to tOiituiOO of take the necessary provisional measures for the election goverrnmentfor . . . gbepropo-edtAte and meeting of a convention, at some time prior to the day fixed for the determination of the authority of this commonwealth, and of its laws over said district, and pos- terior to the first day of November, one thousand seven hundred and ninety-one aforesaid, with full power and au- thority to frame and establish a fundamental constitution of government for the proposed state, and to declare what laws shall be in force therein, until the same shall be ab- rogated or altered by the legislative authority acting un- der the constitution so to be framed and established. SEc. 17. And be it further enacted, That the electors in Privilesof Ote going to, continuing at, and returning from, an election of elto.rse ndrepre members to the said convention, shall be entitled to the same privileges from arrest, as are by law allowed at an election of members to the General Assembly; and each person returned to serve as a member in said convention shall be entitled to the same privileges from arrest in going to, during his attendance on, and returning from said con- vention, as are by law allowed to the members of the Gen- eral Assembly. SEC. 18. This act shall be transmitted by the Executive tTte-ti,.t. to the representatives of this commonwealth in Congress, to rep reentativt who are hereby instructed to use their endeavors to obtain in congrme from Congress a speedy act to the effect above specified. 2ff THE OLD CONSTITUTION OF KENTUCKY. THE CONSTITUTION, OR FORMS OF GOVERNMENT FOR THE STATE OF KENTUCKY. WE, the Representatives of the People of the State of Amble Kentucky, in Convention assembled, to secure to all the citizens thereof the enjoyment of the right of life, liberty, and property, and of pursuing happiness, do ordain and es- tablish this Constitution for its government. ARTICLE 1. Concerning the distribution of the powers of thegovernment. SECTrON 1. The powers of government of the state of Division of the Kentucky, shall be divided into three distinct departments, -t irtO th- dtt and each of them be confined to a seperate body of magis- putm-esm tracy, to-wit: Those which are legislative, to one; those which are executive, to another; and those which are judi- ciary, to another. Sux-rIo-N 2. No person, or collection of persons, being Po-r to be of one of those departments, shall exercise any power kept wparu. properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted. ARTICLE It. Concerning the Legislative Dqpartnw.t. SECTION 1. The legislative power of this commonwealth Ofthele tlattive shall be vested in two distinct branches; the one to be powr. '[The first Constitution of the State of Kentucky ras adopted and ratified in Convention at Danville, on the 19th day of April, 1792: and provided that the Govern. eit Of the Commonwealth of Ketaucky should commennce on the first day of Jnie of the same year. The Constitution will be found in I Littell' sLav sof Keitucky, page 21tt 38. KrntkNkyowas admitted in.- tothe Uniom by act of Congress on the first of June, 1792. lBy the Sixth section of the eighth article, it was provided, that all laws then in force, in thestate of irgin.ia, not inconsistent with the Cons.titution, and of a general natmre, and lIt local to the eastern part of Virginia, should be in force here, uwtil altered or repealed by the Legislature. By the eleventh article, it was pr-vided that, at the general election for RepreseWtatives in 1797, the sense of the penple shIlil. also be taken up- on the propriety of calling a Colnvetion, and that if the resIlt wa., in favor of a C-,i-Vntion, similar proceelings should be had in 1798, and that if the result was again ii favor of a Convention, the General Asseinbly shoul1d at their next ensuing sessiin, pass an act for calling a Consetitinir to revise th, Clstitutioii. Thre result of the vote i,, each of the years Of 1797 arid 1798, being in fasor of a Crnnvenition, the Legislature, on the leth of De- ceinber, 1793, pa-ved the necessary law for calling the Convention. For the act, -ee 2 Littell's Laws of Kentucky, 211. The Convention accordingly met at Frankfort, and adopted this CoO. titution of Kentucky on the 17th day of August, 1799:1 2THE OLD CONSTITTON OF KENTUCKY. styled the House of Representatives, the other the Senate, and both together, the General Assembly of the Common- wealth of Kentucky. SECTIoN 2. The members of the house of representatives House of repre shall continue in service for the term of one year from the .ett,iveotef e day of the commencement of the general election, and no bens longer. SEcTIoN 3. Representatives shall be chosen on the first Mondayin the month of August in every year; but the pre- When to be hbo- siding officers of the several elections shall continue the to contint3 day same for three days, at the request of any one of the can- didates. SFcrnoN 4. No person shall be a representative, who at Qoaiilcations of the time of his election is not a citizen of the United States, members and hath not attained the age of twventy-four years, and resided in this state two years next preceding his election, and the last year thereof in the county or town for which he may be chosen. SEcTION 5. Elections for representatives for the several Placeofelec.ton. counties entitled to representation, shall he held at the places of holding their respective courts, or in the several election precincts into which the legislature may think pro- per, from time to time, to divide any or all of those coun- ties: Provided, that when it shall appear to the legislature Towns Mayba that any town hath a number of qualified voters equal to separate represen the ratio then fixed, such town shall be invested with the privilege of a separate representation, which shall be re- tained so long as such town shall contain a number of qualified voters equal to the ratio which may from time to time be fixed by law; and thereafter elections for the county in which such town is situated, shall not be held therein. SECTIoN 6. Representation shall be equal and uniform in Appolionunent this commonwealth; and shall be forever regulated and as- o' reprenation. certained by the number of qualified electors therein. In the year eighteen hundred and three, and every fourth year thereafter, an enumeration of all the free male inhabitants of the state, above twenty-one years of age, shall be made in such manner as shall be directed by law. The number of representatives shall, in the several years of making these enumerations, be so fixed, as not to be less than fif- ty-eight, nor more than one hundred, and they shall be ap- pointed for the four years next following, as near as may be, among the several counties and towns in proportion to the number of qualified electors; but, when a county may not have a sufficient number of qualified electors to entitle it to one representative, and when the adjacent countv or counties may not have a residuum or residuums, which, when added to the small county, would entitle it to a separate representation, it shall then be in the power of the legislature to join two or more together for the purpose of sending a representative: Provided, that when there are Residaums. two or more counties adjoining which have residuums over and above the ratio then fixed by law, if said residuums, 28 THE OLD CONSTMMON OF KEuCKY. when added together, will amount to such ratio, in that case one representative shall be added to that county hav- ing the largest residuum. SECTioN 7. The house of representatives shall choose its To choos Its of. speaker and other officers. Ace'bs SECTioN S. In all elections for representatives, every free Quaification.of male citizen, (negroes, mulattoes, and Indians excepted,) .1etors of repre who at the time being, hath attained to the age of twenty- one years, and resided in the state two years, or the county or town in which he offers to vote one year next preceding the election, shall enjoy the right of an elector; but no person shall be entitled to vote except in the county or town in which he may actually reside at the time of the election, except as is herein otherwise provided. Electors shall in all cases, except treason, felony, breach or surety Elector, when of the peace, be privileged from arrest during their attend- r ron ar ance at, going to, and returning from elections. SE-crio.N 9. The members of the senate shall be chosen Term of aer ic. for the term of four years; and when assembled, shall have ofeflatoL the power to choose its officers annually. SECTrON 10. At the first session of the general assembly, Senator. to be after the constitution takes effect, the senators shall be di- claed. vided by lot, as equally as may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year; of the third class, at the ex- piration of the third year; and of the fourth class, at the expiration of the fourth year; so that one-fourth shall be chosen every year, and a rotation thereby kept up perpet- ually. SECTION 1 1. The senate shall consist of twenty-four mem- Number or men. bers at least, and for every three members above fifty-eight ato' which shall be added to the house of representatives, one member shall be added to the senate. SECTION 12. The same number of senatorial districts Senatorial di, shall, from time to time, be established by the legislature, Itrt,, how to be as there may then be senators allotted to the state; which shall be so formed as to contain, as near as may be, an equal number of free male inhabitants in each above the age of twenty-one years, and so that no county shall be divided, or form more than one district; and where two or more counties compose a district, they shall be adjoin- ing. SECTION 13. When an additional senator may be added Additional sen. to the senate, he shall be annexed by lot to one of the four .d. to be classes, so as to keep them as nearly equal in numbers as possible. SECTION 14. One senator for each district shall be elect- Qnaificatlonaof ed by those qualified to vote for representatives therein, eetor ofsoator who shall give their votes at the several places in the counties or towns where elections are by law directed to be held. SECTION 15. No person shall be a senator, who, at the Qn.licatloaa time of his election, is not a citizen of the United States, ofenator 29 THE OLD CONSTITUTION OF KETCKY. and who hath not attained to the age of thirty-five years, and resided in this state six years next preceding his elec- tion, and the last year thereof in the district for which he may be chosen. SwTION 16. The first election for senators shall be gene- inm ot elcig ral throughout the state, and at the same time that the Usotosm general election for representatives is held; and thereafter, there shall, in like manner, be an annual election for sen- ators to fill the places of those whose time of service may have expired. SECTION 17. The general assembly shall convene on the fmeofmeeting first Monday in the month of November in every year, un- the Legislature, less a different day be appointed by law; and their sessions shall be held at the seat of goverment. SECTION 18. Not less than a majority of the members of Quorum of the each house of the general assembly shall constitute a quo- o repreti.. In.rum to do business; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby. SECTION 19. Each house of the general assembly shall Elections, bow judge of the qualifications, elections, and returns of its judged. members; but a contested election shall be determined in such manner as shall be directed by law. SECTION 20. Each house of the general assembly may Rtles orp_ determine the rules of its proceedings, punish a member ceedi"Pgs, & P-r for disorderly behavior, and, with the concurrence of two- to Pulisli. thirds, expel a member, but not a second time for the same cause. SECTIoN 21. Each house of the general assembly shall Jornmal byeacb keep and publish, weekly, a journal of its proceedings; house. and the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on their journal. SECrIOy 22. Neither house, during the session of the Adjournment. general assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. SECTION 23. The members of the general assembly shall Compensation severally receive, from the public treasury, a compensation of -mbmrs. for their services, which shall be one dollar and a half a day, during their attendance on, going to, and returning from the sessions of their respective houses: Provided, that the same mav be increased or diminished by law; but no alteration shall take effect during the session at which such alteration shall be made. SECTION 24. The members of the general assembly shall, Privileges of the in all cases, except treason, felony, breach or surety of the membes. peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to, and returning from the same; and for any speech or de- bate, in either house, they shall not be questioned in any other place. 30 31 THE OLD CONSTITUTION OF KENTUCKY. SECTION 25. No senator or representative shall, during To wh.t Omce. the term for which he was elected, nor for one year there- be Vpo 1.t after, be appointed or elected to any civil office of profit under this commonwealth, which shall have been created, or the emoluments of which shall have been increased du- ring the time such senator or representative was in office, except to such offices or appointments as may be made or filled by the elections of the people. SiEcnols 28. No person, while he continues to exercise Who llgtbIbl. the functions of a clergyman, priest, or teacher of any re- to thO .eialatur- ligious persuasion, society, or sect, nor whilst he holds or exercises any office of profit under this commonwvealtlh, shall be eligible to the general assembly, except attorneys at lawv, justices of the peace, and militia officers: Provi- dcd, that justices of the courts of quarter sessions shall be ineligible, so long as any compensation may be allowed them for their services: Provided, also, that attorneys for the conmionwealth, who receive a fixed annual salary from the public treasury, shall be ineligible. SE-TION 27. No person, who at any time may have been Colector or tar a collector of taxes for the state, or the assistant or deputy bt igibl. ..til h. of such collector, shall be eligible to the general assembly until he shall have obtained a quietus for the amount of such collection, and for all public moneys for which he may be responsible, E:CTION 28. No bill shall have the force of a law, until, Bills, their (or. on three several days, it be read over in each house of' the malitic general assembly, and free discussion allowed thereon; unless, in cases of urgency, four-fifths of the house where the bill shall be depending, may deem it expedient to dis- pense with this rule. SECTION 29. All bills for raising revenue shall originate Revens. bills- in the house of representatives; but the senate may pro- wherer they re to pose amendments, as in other bills: Provided, that they shall not introduce any new matter, under the color of an amendment, which does not relate to raising a revenue. SEc-rioN 30. The general assembly shall regulate, by Writolelection. law, by whom, and in what manner "rits of election shall be issued to fill the vacancies which may happen in either branch thereof. ARTICLE M. Concerning the Exccutive Department. SECTrION 1. The supreme executive power of the corn- TM re monwealth shall be vested in a chief magistrate, who shall po.r." be styled the Governor of the commonwealth of Kentucky. SECTIoN 2. The governor shall be elected for the term of Gov.rnor .t-t four years, by the citizens entitled to suffrage, at the time U l tos B f 4 and places where they shall respectively vote for represent- atives. The person having the highest number of votes, shall be governor; but if two or more shall be equal and highest in votes, the election shall be determined, by lot, in Such manner as the legislature may direct. 82 THE OLD CONSTITUTION OF KENTUCKY. SwcrioN 3. The governor shall be ineligible for the suc- .Inellgible f.rthe ceeding seven years after the expiration of the time for which he shall have been elected. Sswcriom 4. He shall be at least thirty-five years of age, Qulfctoaand a citizen of the United States, and have been an in- icr overor. habitant of this state at least six years next preceding his election. SEc-rioN 5. He shall commence the execution of his of- Comneetflee on the fourth Tuesday succeeding the day of the corn- of mencement of the general election on which he shallI be cho- sen, and shall continue in the execution thereof until the end of four weeks next succeeding the election of his suc- cessor, and until his successor shall have taken the oaths or affirmations prescribed by this constitution. SEC-rioN- 6. No member of congress, or person holding Who ineligible, any office under the United States, nor minister of any re- ligious society, shall be eligible to the office of gover- nor. SEc-rioN 7. The governor shall, at stated times, receive compenation, for his services a compensation, which shall neither be in- creased nor diminished during the term for which he shall have been elected. SECTION S. He shall be comnmander-in-chief of the army militar powe and navy of this commonwealth, and of the militia there- AndlsfltIa.of, except when they shall be called into the service of the United States; but he shall not command personally in the field, unless he be advised so to do by a resolution of the general assembly. SEcrio 9. lie shall nominate, and by and with the ad- Pwer of the vice and consent of the senate, appoint all officers, whose goveruor. offices are established by this constitution, or shall be es- tablished by law, and whose appointments are not herein otherwise provided for: Provided, that no person shall be so appointed to an office within any county who shall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected ; but if it shall not have been so long erected, then within the limits of the county or counties from which it shall have been taken: Prorided, also, that the county courts shall be authorized by law to appoint inspectors, collectors, and their deputies, surveyors of the highways, con-Aables, jailens, and such other inferior officers, whose jurisdiction may be confined within the limits of a county. SEC-lION- 10. the governor shall have power to till up Myfl aa-vacancies that may happen during the recess of the senate, cie,recssofby granting commissions, which shall expire at the end of their next session. SF.cTio.- 11. Ie shall have power to remit fines and for- Paronng owrsfeitures, grant reprieves and pardons, except in cases of impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the general assembly, in which the power of pardoning shall be vested. 82 THE OLD CONSTITUTION OF KENTUCKY. SEcriON 12. Ie may require information, in writing, A, r from the officers in the executive department, upon any ecuhivcoffic"ra subject relating to the duties of their respective offices. SEc-oiN 13. He shall, from time to time, give to the gen- Shall fe infor, eral assembly information of the state of the common- wealth, and recommend to their consideration such mea- sures as he shall deem expedient. S;ElCTION 14. He may, on extraordinary occasions, con- say cone tbe vene the general assembly, at the seat of government, or p 1craI aumbly. at a different place, if that should have become, since their last adjournment, dangerous, from an enemy, or from con- tagious disorders; and in case of disagreement between the two houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. SEcTroN 15. He shall take care that the laws be faithful- Generldutt. ly executed. SECTION 16. A lieutenant governor shall be chosen at Lieutenant go, every election for a governor, in the same manner, continue cruor, election of in office for the same time, possess the same qualifications. In voting for governor and lieutenant governor, the elec- tors shall distinguish whom they vote for as governor, and whom as lieutenant governor. SE x 17. Ie shall, by virtue of his office, be speaker To be speaker of the senate; have a right, when in committee of the ottheenate. whole, to debate and vote on all subjects, and when the senate are equally divided, to give the casting vote. SECTION 18. In case of the impeachment of the governor, When to act his removal from office, death, refusal to qualify, resigna- governor tion, or absence from the state, the lieutenant governor shall exercise all the power and authority appertaining to the office of governor, until another be duly qualified, or the governor absent or impeached shall return or be ac- q uitted(l SECrTION 19. Whenever the government shall be admin- whe,, enate to istered by the lieutenant governor, or he shall be unable ppoint apapaker to attend as speaker of the senate, the senators shall elect P empo. one of their own members as speaker for that occasion. And if, during the vacancy of the office of governor, the lieutenant governor shall be impeached, removed from of- tice, refuse to qualify, resign, die, or be absent from the state, the speaker of the senate shall, in like manner, ad- minister the government. SEC(IOiN 20. The lieutenant governor, while he acts as Lint. goernor speaker to the senate, shall receive for his services the hiscomoenation same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more; and during the time he administers the gov- ernmient, as governor, shall receive the same compensation which the governor would have received and been entitled to, had he been employed in the duties of his office. SErioN- 21. The speaker pro 1twipore of the senate, du- Compensation ring the time he administers the government, shall re- of the speker pro ceive, in like manner, the same compensation which the po 5 33 3 THE OLD CONSTITMTION OF KENTUCKY. governor would have received had he been employed in the duties of his office. SE-c-oN 22. If the lieutenant governor shall be called On the death of upon to administer the government, and shall, while in such Lieut. Go.ernor, administration, resign, die, or be absent from the state, du- tneer Wte.o ring the recess of the general assembly, it shall be the du- ty of the secretary for the time being to convene the sen- ate for the purpose of choosing a speaker. SECrToN 23. An attorney general, and such other attor- Attorneygeneral neys for the commonwealth as may be necessary, shall be & other ttornes, appointed, wvhose duty shall be regulated by law. Attor- neys for the commonwealth for the several counties shall be appointed by the respective courts having jurisdiction therein. SECTION 24. A secretary shall be appointed and com- Secretry of ste, missioned during the term for which the governor shall duty. have been elected, if he shall so long behave himself well. He shall keep a fair register, and attest all the official acts and proceedings of the governor; and shall, when re- quired, lay the same, and all papers, minutes, and vouch- ers relative thereto, before either house of the general as- sembly; and shall perform such other duties as may be enjoined him by law. SEwrio.4 25. Every bill which shall have passed both Mode of pas- houses, shall be presented to the governor. If he approve iofgo bll.rdiment he shall sign it; but if not he shall return it, with his oh- jections, to the house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to reconsider it. If; after such reconsidera- Majority of a1 tion, a majority of all the members elected to that house eljctid my ng. shall agree to pass the bill, it shall be sent, with the objec- ob)-cting. tions, to the other house, by which it shall likewise be con- sidered, and if approved by a majority of all the members elected to that house, it shall be a law; but in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house re- spectively. If any bill shall not be returned by the gov- ernor within ten days (Sundays excepted) after it shall to -trtunoUrIT' have been presented to him, it shall be a law, in like man- ner as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. SECTIoN 26. Every order, resolution, or vote, to which the Order. resolu- concurrence of both houses may be necessary, except on tines, and votes a question of adjournment, shall be presented to the gov- h, e approved b to er,,or. b ernor, and, before it shall take effect, be approved by him, or, being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. SECTIoN 27. Contested elections for a governor and lieu- Conteed eIec- tenant governor shall be determined by a committee, to be tins Pow governor selected from both houses of the general assembly, and 84 35 THlE OLD CONSTITUTION OF KENTUCKY. formed and regulated in such manner as shall be directed by law. SECTION 2S. The freemen of this commonwealth, (ne- Miitl-persons groes, mulattoes, and Indians excepted) shall be armed ing r y pry and disciplined for its defense. Those who conscientious- an equivalent ly scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service. SECTION 29. The commanding officers of the respective . how regiments shall appoint the regimental staif; brigadier generals their brigade majors; major generals their aids-; and captains the non-commissioned officers of companies. SECTIoN 30. A majority of the field officers and captains cott.."one in each regiment shall nominate the commissioned officers ofcers, nouhn- in each company, who shall be commissioned by the gov- tiono. ernor: Providcd, that no nomination shall be made, unless two at least of the field officers are present; and when two or more persons have an equal and the highest number of votes, the field officer present who may be highest in commission shall decide the nomination. SECTION 31. Sheriffs shall be hereafter appointed in the SheifiT,.ppoInL following manner: When the time of a sheriff for any meot of. county may be about to expire, the county court for the same (a majority of all its justices being present) shall, in the months of September, October, or November next preceding thereto, recommend to the governor two proper persons to fill the office, who are then justices of the coun- ty court; and who shall, in such recommendation, pay a just regard to seniority in office and a regular rotation. One of the persons so recommended shall be commission- ed by the governor, and shall hold his office for two years, if he so long behave well, and until a successor be duly qualified. If the county court shall omit, in the months aforesaid, to make such a recommendation, the governor shall then nominate, and by and with the advice and con- sent of the senate, appoint a fit person to fill such office. ARTICLE IV. Concerning t1/w Judicial Deartmoezt. Sri-rION 1. The judicial power of this commonwealth, Judicil power both as to matters of law and equity, shall be vested in one -sted in CO-Ut of supreme court, which shall be styled the Court of Appeals, rior court - and in such inferior courts as the general assembly may, from time to time, erect and establish. SECTION 2. The court of appeals, except in cases other- Jurimdictlon of wIise directed by this constitution, shall have appellate ju- court of ppea. risdiction only, which shall be co-extensive with the state, under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law. SECTION 3. The judges, both of the supreme and inferi- Judgem, tenure or courts, shall hold their offices during good behavior; but of Oflce. for any reasonable cause, which shall not be sufficient ground of impeachment, the governor shall remove any of by addn d THE OLD CONSTTUTION OF KENTUCKY. them, on the address of two-thirds of each house of the general assembly: Provided, however, that the cause or causes for which such removal may be required shall be stated at length in such address, and on the journal of 7dr barks each house. They shall, at stated times, receive for their services an adequate compensation, to be fixed by law. SEcriox 4. The judges shall, by virtue of their office, All jadgm con- be conservators of the peace throughout the state. The creAtor ofpeace style of all process shall be "The Commonwealth of Ken- Proes an 0- tucky." All prosecutions shall be carried on in the name erutsdjo'it .I and by the authority of the commonwealth of Kentucky, the ,ofhe and conclude, against the peace and dignity of the same. Sacrnox 5. There shall be established in each county n w Cscou or which may hereafter be erected within this common- wealth, a county court. SEcrioz 6. A competent number of justices of the peace Jutices orthe shall be appointed in each county; they shall be commis- race,tuncrbeof of- sioned during good behavior, but may be removed on con- "oved bydoress viction of misbehavior in office, or of any infamous crime, or on the address of two-thirds of each house of the gene- ral assembly: Provided, however, that the cause or causes for which such removal may be required, shall be stated at length in such address, and on the journal of each house. SEcrioa 7. The number of the justices of the peace to ub-rofjiUtces which the several counties in this commonwealth now es- tablished, or which may hereafter be established, ought to be entitled to, shall, from time to time, be regulated by law. SECTIor 8. When a surveyor, or coroner, or a justice of Sno car- the peace shall be needed in any county, the county court serc 4 J.., for the same, a majority of all its justices concurring appointd, therein, shall recommend to the governor two proper per- sons to fill the office; one of whom he shall appoint there- to: Provided, however, that if the county court shall, for twelve months, omit to make such recommendation, after being requested by the governor to recommend proper per- sons, he shall then nominate, and by and with the advice and consent of the senate, appoint a fit person to fill such office. SECTION 9. When a new county shall be erected, a com- omicers or new petent number of justices of the peace, a sheriff, and cor- poiutneds. o r oner therefor shall be recommended to the governor, by a majority of all the members of the house of representa- tives from the senatorial district or districts in which the county is situated; and if either of the persons thus re- commended shall be rejected by the governor, or the sen- ate, another person shall immediately be recommended as aforesaid. SWTrIoN 10. Each court shall appoint its own clerk, who clerks of courts, shall hold his office during good behavior; but no person bow appointed. shall be appointed clerk, only pro ternpore, who shall not produce to the court appointing him, a certificate from a majority of the judges of the court of appeals, that he hath been examined by their clerk, in their presence, and 3B 37 THE OLD CONSMTUTION OF KFNTUCKY. under their direction, and that they judge him to be wvell qualified to execute the office of clerk to any court of the came dignity with that for which he offers himself. They shall be removable for breach of good behavior, by the How to be re- court of appeals only, who shall be judges of the fact as movd. wvell as of the law. Two-thirds of the members present must concur in the sentence. SEcTioN 11. All commissions shall be in the name and Commiagons, by the authority of the state of Kentucky, and sealed with style A. the state seal, and signed by the governor. SFTriox 12. The state treasurer, and printer or printers Tr(s..r erad for the commonwealth, shall be appointed annually by the nect uP joint vote of both houses of the general assembly: Provi- ded, that, during the recess of the same, the governor shall have power to fill vacancies which may happen in either of the said offices. ARTICLE V. Concerning Impeachcunts. SECTioN 1. The house of representatives shall have the Impeachments sole power of impeaching. 8ECTION 2. All impeachments shall be tried by the sen- To be tried by atc; when sitting for that purpose, the senators shall be w..t, and bow. upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members pre- sent. SECIrON 3. The governor and all civil officers shall be Wbo liableto' liable to impeachment for any misdemeanor in office; but c of judg- judgment in such cases shall not extend further than to re- moval from office, and disqualification to hold any office of honor, trust, or profit under this commonwealth; but the party convicted shall nevertheless be liable and.subject to indictment, trial, and punishment according to law. ARTICLE VI. General Provisions. SncrioN 1. Members of the general assembly, and all officers, executive and judicial, before they enter upon the o0m-ral ostb Of execution of their respective offices, shall take the follow- ing oath or affirmation: "I do solemnly swear, (or affirm, as the case may be,) that I will be faithful and tue to the commonwealth of Kentucky, so long as I continue a citi- zen thereof, and that I will faithfully execute, to the best of my abilities, the office of according to law." SECTioN 2. Treason against the commonwealth shall Treason defined consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. SF.vrioN 3. Every person shall be disqualified from serv- ribing and tret- ing as a governor, lieutenant governor, senator, or repre- it- THE OLD CONSTITUTION OF KENTUCKY. sentative, for the term for which he shall have been elected, vh3 shall be convicted of having given or offered any bribe or treat to procure his election. SECL10ox 4. Laws shall be made to exclude from office whattoe clndO and from suffrage, those who shall thereafter be convicted fruom eofice nd of bribery, perjury, forgery, or other high crimes or misde- meanors. The privilege of free suffrage shall be supported Free suffrage so- by laws regulating elections, and prohibiting, under ade- cured. quate penalties. all undue influence thereon from power, bribery, tumult, or other improper practices. SE;cTIoN 5.: No money shall be drawn from the treasury Public money- but in pursuance of appropriations made by law, nor shall bow tam be drawn any appropriations of money for the support of an army d ccounted Wur. be made for a longer time than one year; and a regular statement and account of the receipts and expenditures of all public money shall be published annually. SECTION 6. The general assembly shall direct, by law, Snitsuaainltthe in what manner, and in what courts, suits may be brought State. against the commonwealth. SEcrioN 7. The manner of administering an oath or af- Oaths-manner firmation shall be such as is most consistent with the con- o admiisterig, science of the deponent, and shall be esteemed by the gen- eral assembly the most solemn appeal to God. SeCTION 8. All laws which, on the first day of June, one Certain laws thousand seven hundred and ninety-two, were in force in continued iNforce the state of Virginia, and which are of a general nature, and not local to that state, and not repugnant to this con- stitution, nor to the laws which have been enacted by the legislature of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general assembly. SECTION 9. The compact with the state of Virginia, sub- Compact incor- ject to such alterations as may be made therein agreeably porated. to the mode prescribed by the said compact, shall be con- sidered as partof this constitution. SECTION 10. It shall be the duty of the general assembly Arbitraion. to pass such lawsv as shall be necessary and proper to de- cide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjust- ment. SFuriox I1. All civil officers for the commonwealth at Ofilers-wrhere large, shall reside within the state, and all district, county, to reside. & whre or town officers within their respective districts, counties, tokeep ofie- or towns, (trustees of towns excepted,) and shall keep their respective offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the division, brigade, regiment, battalion, or company, to which they may severally belong. SECTION 12. The attorney general and other attorneys Tenure of cer- for this commonwealth, who receive a fixed annual salary taW.offices, from the public treasury, judges and clerks of courts, jus- tices of the peace, surveyors of lands, and all commission- ed militia officers, shall hold their respective offices during good behavior, and the continuance of their respective 38 39 THE OLD CONSTITUTION OF. KENTUCKY. courts, under the exceptions contained in this constitu- tion. SEcrIoN 13. Absence on the business of this state, or When ab.ence the United States, shall not forfeit a residence once ob- I exO0rbC& for tained, so as to deprivc any one of the right of suffrage, or ciueiouronice of being elected or appointed to any office under this com- monwealth, under the exceptions contained in this consti- tution. SECTION 14. It shall be the duty of the general assembly Deduction from to regulate, by law, in what cases, and what deduction from blare" the salaries of public officers shall be made, for neglect of duty in their official capacity. SEocTio. 15. Returns of all elections for governor, lieu- Election returns, tenant governor, and members of the general assembly shall be made to the secretary for the time being. SECTION 16. In all elections by the people, and also by Votes, vis voce. the senate and house of representatives, jointly or sepa- rately, the votes shall be personally and publicly given, viva voce. SECTIoN 17. No member of congress, nor person hold- Who ineligible ing or exercising any office of trust or profit under the to. aO. United States, or either of them, or under any foreign power, shall be eligible as a member of the general assem- bly of this commonwealth, or hold or exercise any office of trust or profit under the same. SECTION 18. The general assembly shall direct, by law, Seclritiesfor of- how persons who now are or who may hereafter become i5cc,. securities for public officers, may be relieved or discharged on account of such securityship. ARTICLE V1. Concerning Slaves. SECTION 1. The general assembly shaltl have no power sl-snottlo to pass laws for the emancipation of slaves, without the outsellsencof the consent of their owners, or without paying their owners, orners previous to such emancipation, a full equivalent in money, for the slaves so emancipated. They shall have no power to prevent emigrants to this state from bringing wvith them brE iget. may such persons as are deemed slaves by the laws of any one of the United States, so long as any person of the same age or description shall be continued in slavery by the laws of this state. They shall pass laws to permit the owners of slaves to emancipate them, saving the rights of mancipae. my- creditors, and preventing them from becom ng a charge to any county in this commonwealth. They shall have full power to prevent slaves being brought into this state as merchandise. They shall have full power to prevent intro.Iucticn of any slaves being brought into this state from a foreign :1-ets .lb be country, and to prevent those from being brought into this state who have been, since the first day of January, one thousand seven hundred and eighty-nine, or may hereafter be imported into any of the United States from a foreign country. And they shall have full power to pass such wMgronid or la-eM THE OLD COMIUTION OF KENTUCKY. laws as may be necessary to oblige the owners of slaves to treat them with humanity, to provide for them necessary clothing and provision, to abstain from all injuries to them, extending to life or limb; and in case of their neg- lect or refusal to comply with the directions of such laws, to have such slave or slaves sold, for the benefit of their owner or owners. SbECTIoN 2. In the prosecution of slaves for felony, no in- Grand jury not quest by a grand jury shall be necessary, but the proceed- necuessary in P. ings in such prosecutions shall be regulated by law; ex- cept that the general assembly shall have no power to de- prive them of the privilege of an impartial trial by a petit jury. ARTICLE VIII. The seat of government shall continue in the town of Frankfort to be Frankfort, until it shall be removed by law: Providcd, how- rscut Or ever, that two-thirds of all the menibers elected to each house of the general assembly shall concur in the passage of such law. ARTICLE IX. M-J dc of rerisin" the Constitution. When experience shall point out the necessity of amend- B.w constitution ing this constitution, and when a majority of all the mem- ..y be amended. bers elected to each house of the general assembly shall, within the first twenty days of their stated annual session, concur in passing a law for taking the sense of the good people of this commonwealth, as to the necessity and ex- pediency of calling a convention, it shall be the duty of the several sheriffs and other returning officers, at the next general election which shall be held for representa- tives, after the passage of such law, to open a poll for, and make a return to the secretary for the time being, of the names of all those entitled to vote for representatives who have voted for calling a convention; and if, thereup- on, it shall appear that a majority of all the citizens of this state, entitled to -vote for representatives, have voted for a convention, the general assembly shall direct that a similar poll shall be opened and taken for the next year; and if, thereupon, it shall appear that a majority of all the citizens of this state entitled to vote for representatives, have voted for a convention, the general assembly shall, at their next session, call a convention, to consist of as Xumberofme. many members as there shall be in the house of represent- bursofthecouvex- atives, and no more; to be chosen in the same manner and proportion, at the same places, and the same time, that representatives are, by citizens entitled to vote for repre- sentatives; and to meet within three months after the said election, for the purpose of re-adopting, amending, or changing this constitution. But if it shall appear by the vote of either year, as aforesaid, that a majority of all the citi tens entitled to vote for representatives did not vote for a convention, a convention shall not be called. 40 THE OLD CONSTITUTION OF KETUCKY. ARTICLE X. That the general, great, and essential principles of liber- 0-iaration d ty and free government may be recognized and established: hts WE DECLARE, SEcTIoN 1. That all freemen, when they form a social Eq-uaityorfmen. compact, are equal, and that no man, or set of men, are entitled to exclusive, separate public emoluments or priv- ileges from the community, but in consideration of public services. SEcTioN 2. That all power is inherent of the people, and All power ijotb. all free governments are founded on their authority, and PePie- instituted for their peace, safety, and happiness. For the advancement of these ends, they have, at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper. SECTIoN 3. That all men have a natural and indefeasi- Libety of con. ble right to worship Almighty God according to the dic- s tates of their own consciences; that no man shall be com- pelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience; and that no pre- ference shall ever be given by law to any religious societies or modes of worship. SECTION 4. That the civil rights, privileges, or capacities of any citizen shall in no wisc be diminished or enlarged on account of his religion. SECTION 5. That all elections shall be free and equal. Eldcion. SECTIoN 6. That the ancient mode of trial by jury shall Tri by j. be held sacred, and the right thereof remain inviolate. SEcrIoN 7. That printing presses shall be free to every Feedo of the person who undertakes to examine the proceedings of the pe ond4pcb. legislature or any branch of government; and no law shall ever be made to restrain the right thereof. The free com- munication of thoughts and opinions is one of the invalu- able rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. SECToIN 8. In prosecutions for the publication of papers To ive trutb in investigating the official conduct of officers, or men in a evidence public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall Jury to be Judge have a right to determine the law and the facts, under the h and fAct In direction of the court, as in other cases. SECTIoN 9. That the people shall be secure in their per- Peopletolbet sons, houses, papers, and possessions, from unreasonable ure ftrom unrea- seizures and searches, and that no warrant to search any .nd werchesb. place or to seize any person or things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. 41 lTHE OLD CON8TITUTION OF KENTUCKT. SEcToON 10. That in all criminal prosecutions, the ac- Rig oper. cused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have com- pulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; that he cannot be compelled to give evidence against himself; nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. SECTION 11. That no person shall, for any indictable of- IufbmaUoa.i fense, be proceeded against criminally by information, ex- cept in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, by leave of the court, for oppression or misdemean- or in office. SEcTIoN 12. No person shall, for the same offense, be Twice In jeopr. twice put in jeopardy of his life or limb; nor shall any dy. and popertry man's property be taken or applied to public use, without not to be taken. the consent of his representatives, and withoutjust compen- sation being previously made to him. SECrION 13. That all courts shall be open, and every -Alucourtstobe person, for an injury done him in his lands, goods, person, oP'm or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial, or delay. SEcTioN 14. That no power of suspending laws shall Buspendig laws. be exercised, unless by the legislature or its authority. SEc-rbON 15. That excessive bail shall not be required, E.casienlau. nor excessive fines imposed, nor cruel punishments in- flicted. SECTION 16. That all prisoners shall be bailable by suffi- Priaoer whben cient securities, unless for capital offenses, when the proof bailable, is evident or presumption great; and the privilege of the Babeu crpa. writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. SECTION 17. That the person of a debtor, where there is not strong presumption of fraud, shall not he continued dabtlrMa-tf in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. SECTION 18. That no cx post facto law, nor any law im- zxpoetfactolaw. pairing contracts, shall be made. SECTION 19. That no person shall be attainted of treason Attainder, or felony by the legislature. SE-Tnvo)N 20. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth. SEcTioN 21. That the estates of such persons as shall Fe10 demo and destroy their own lives shall descend or vest as in case of Srbitwa. natural death; and if any person shall be killed by casu- alty, there shall be no forfeiture by reason thereof. 42 THIM OLD CONSTITUTION OF KNTUJCKY. Swcrxox 22. That the citizens have a right, in a peace- Ribtotfpwuon. able manner, to assemble together for their common good, and to apply to those invested with the powers of govern- ment for redress of grievances, or other proper purposes, by petition, address, or remonstrance. SF.CrTON 23. That the rights of the citizens to bear arms REhttobgrbams in defense of themselves and the state, shall not be ques- tioned. SEcTION 24. That no standing army shall, in time of 8t-g am peace, be kept up, without the consent of the legislature: and the military shall, in all cases, and at all times, be in strict subordination to the civil power. SE-rnoN 25. That no soldier shall, in time of peace, be Sodider notto quartered in any house, without the consentof the owner; b. nor in time of war, but in a manner to be prescribed by law. SECTION 26. That the legislature shall not grant any title Nloi NbItity. dnd of nobility, or hereditary distinction, nor create any office, iimitotiOM.A the appointment to which shall be for a longer term than during good behavior. SEcnIoN 27. That emigration from the state shall not be Zm.rtJon prohibited. SEcToiN 28. To guard against transgressions of the high Exception otof powers which we have delegated, NVE DECLARE, that every the PoW- thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this constitu- tion, shall be void. SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the constitution of this com- monwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, SECTioN 1. That all laws of this commonwealth, in Lo nd rids force at the time of making the said alterations and continued. amendments, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of' individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made. SacnTioN 2. That all officers now filling any office or ap- Omecodua pointment, shall continue in the exercise of the duties of their respective offices or appointments, for the terms therein expressed, unless by this constitution it is other- wise directed. SEc-nroN 3. The oaths of office herein directed to be ta- Ontbs,byiwom ken, may be administered by any justice of the peace, un- adminitrd. til the legislature shall otherwise direct. SEc-noN 4. The general assembly, to be held in Novem- p ber next, shall apportion the representatives and senators, -t etorep nt. and lay off the state into senatorial districts, conformable ad to the regulations prescribed by this constitution. In fix- ing those apportionments, and in establishing those dis- tricts, they shall take for their guide the enumeration di- 43 THE OLD CONSTITUTION OF KENTUCKY. rected by law to be made in the present year by the com- missioners of the tax; and the apportionments thus made, shall remain unaltered until the end of the stated annual session of the general assembly, in the year eighteen hun- dred and three. SECTION 5. In order that no inconvenience may arise from Fir.eecti.onof the change made by this constitution, in the time of hold- tanDt overnor. ing the general election, it is hereby ordained that the first election for governor, lieutenant governor, and mem- bers of the general assembly, shall commence on the first Monday in Mlay, in the year eighteen hundred. The persons then elected shall continue in office during their several terms of service prescribed by this constitution, and until the next general election which shall be held af- ter their said terms shall have respectively expired. The returns for the said first election of governor and lieuten- ant governor, shall be made to the secretary within fifteen days from the day of election; who shall, as soon as may be, examine and count the same in the presence of at least two judges of the court or appeals, or district courts, and shall declare who are the persons thereby duly elected, and give them official notice of their election; and if any person shall be equal and highest on the poll, the said judges and secretary shall determine the election by lot. SECTIOx 6. This constitution, except so much thereof as is therein otherwise directed, shall not be in force until the first day of June, in the year one thousand eight hundred: on which day the whole thereof shall take full and com- plete effect. Done in Convention, at Frankfort, the seventeenth day of August, one thousand seven hundred and ninety- nine, and of the independence of the United States of America, the twenty-fourth. ALEXANDER S. BULLITT, President of Convention, and member from Jefferson. Bourbon.-John Allen, Charles Smith, Robert Wilmot, James Duncan, William Griffith, Nathaniel Rogers. Bracken.-Philip Buckner. Campbdl.-Thomas Sandford. Clarhe.-Robert Clarke, R. Hickman, William Sudduth. Chr-ivtian.-Young Ewing. Fayettc.-John Breckinridge, John McDowell, John Bell, If. Harrison, B. Thruston, Walter Carr. FIrank-lin.-Harry Innis, John Logan. I7cming.-George Stockton. Garrard.-William M. Bledsoe. Green.-Will. Casey. Harrison.-Henry Coleman, Wm. Elliott Boswell. Jfflrxvon -Richard Taylor. Jessamine.-John Price. Lincoln.-Wm. Logan, N. Huston. 44 THE OLD CONSTITUTION OF KENTUCKY. Logan.-John Bailey, Reuben Ewing. Mason.-Philemon Thomas, Thomas Marshall, jr., Josh- ua Baker. 3Mercer.-Peter Brunner, John Adair, Thos. Allin, Sam- uel Taylor. AMadison.-Green Clay, Thomas Clay, Will. Irvine. Montgoncry.-Jilson Payne. Nclson.-John Rowan, Richard Prather, Nicholas Minor. Shelby.-Benjamin Logan, Abraham Owen. Scott.-Wm. Henry, Robert Johnson. Woodford.-Caleb Wallace, Wm. Steele. Washington.-Felix Grundy, Robert Abell. Warren.-Alexander Davidson. INDEX TO THE OLD CONSTITUTION OF KENTUCKY. ART. SA. PA09. Actions pending when constitution was made, to continue (schedule) - 1 43 Appeals, court of, established- - - - - - - - - 4 1 35 to bare appellate jurisdiction only, except in cases otherwise direct- cd by the constitution. - - - - - - - - 4 2 35 judges of, to hold their office during good behavior - - - 4 3 35 may be removed by address of two-thirds of each house - 4 3 35 shall receive adequate conpensatioi- - - - - - 4 3 35 Apportionment, of representation, wh en and how made - - - - 2 6 28 flrst made (schedule)- - - - - - - - 4 43 first made, what to be guide of- - - - - - 4 43 hoew long to be continued- - - - - - - 4 43 Appropriations, by law, money drawn from treasury only by - 6 5 38 of money. for support of army, and oily for one year - 6 5 38 Arbitrations, duty of general assembly to pass la",s to decide diff-!re ees lby 6 10 38 Arloy, stanidinig, none to be kept up in tiiie of peace without the consent of the legislature -10 24 43 asembl y, general, to convene annually-when and where - - - 2 17 30 a niajority of each ho-se to constitute quorum to do business 2 18 30 a smaller number of, may adjourn and compel attendance of absent members- - 2 18 30 each house of, to judge of qualifications, elections, and returns of its members- 2 19 30 how contested elections to be determined by - 2 19 30 each house of, to determine rules of its vroceedings - 2 20 30 may puiish a rnember for disorderly Cii.l-ut - - - 2 20 30 t-o thirds niay expel a member. blat not secoid time for seine cauce 2 20 30 each house shall keep a journal of its proceedings, and publish the sa me weeki -2 21 ;0 any two mem rs of ma require the Yeas and nays - - 2 21 SZ0 neither house of shall adjourn for mo;e than three days, nor to any other place without the consent of the other house - - - 2 22 30 members of. to receive a compensation of one dollar and fifty cents per day for services-but iiiay be increased or diminished, no al- teration taking effect during the session it is made - - - 2 23 30 privileged from arrest, except for treason, felony, breach orsurety of the peace - - - - - - - - - 2 24 30 not to be questioned elsewhere for any speech or debate in the house 2 24 30 45 46 INDEX TO THE OLD CONSTMITTION OF KENTUCKY. ART. 5M0. PAGn. Assembly, General- shall not be appointed to offices created, or wboseemoluments have bee-n increased during the terms for which they were elected, nor for one year thereafter - - - - -2 25 31 who ineligible to be - - 2 26-7 31 vested with power to pardon in canse of treason 3 11 32 members of, to take oath - -6 1 37 Attainder, bill of, prohibited -10 19 42 shall not work corruption of blood or forfeiture, except during the life of the person attainted -10 20 4Z Attorney, general, and such other attorneys for the commonwealth as may be necessary, to be appointed - -3 23 34 how long to continue in office -6 12 38 for the eomnmoinwealth, how long to continue in office - 6 12 38 ineligible to legislature --2 26 31 at law, eligible to the legislature - -2 26 31 Bail, excessive, shall not be required -10 15 42 prisoners to be admitted to, unless for capital offenses, when proof is evident, or presumption great -- 10 16 42 Bill, every, to be read on three several days before passage in each house, unless four-fifths dispense with the rule- 2 28 38 every, for raising revenue, shall originate ir the house of representatives 2 29 38 senate may propose amendments to 2 29 38 before it become a law, shall be passed by both houses and approved by the governor; or if disapproved, shall be passed by a majority of all the oeinbers elected, of both houses -3 25 34 if not returned by governor in ten days, unless an adjournment inter- velle, shall be a law; and if adjournment intervene, it shall be a lavw uhless returned within three days after the next meeting of the gene- ral assembly 3 25 34 Bribing, or treating, disqualification forcertain offices -6 3 37 Claitns, of individuals and bodies corporate, not affected by constitution, (schedule) -1 43 Clergyman, priest or teacher of any religious persuasion, ineligible to legisla- ture - - - - - - - - - - - - - - 2 26 31 Clerks of courts, by whom appointed - - -4 10 36 qualifications of- -- 4 10 36 hold office during good behavior - 4 10 36, 6 12 38 how to be removed from office - - - - - 4 10 36 Collector, or deputy collector of taxes ineligible to legislature until quietus obtained - --2 27 31 Commissions, stifle of -- -4 It 37 Compact with V irginia- representatives to be chosen in Kentucky district to compose a con- enition (compact) - - - - 1 23 qualifications of electors -- - - 1 23 where to vote - - - - -1 23 qtialifications of representatives - --1 23 election to be continued five days -- - - 1 23 dety of sheriffs conducting them - -- - 2 23 penalty on them for neglect -- - - 3 24 C(,nvention, when and where held -- - - 4 24 Corverition to determine on expediency of erecting district into an indepeimdenitstateon certain eouditijns - - - - 4 24 boundary between proposed state and Virginia 5 24 proposed state to pay a just proportion of the debt of the United States, and all certificates granted for expeditions against Indians from Kemitucky distriet sinceJanuaryl75 - - 6 24 rights to lands within district derived from laws of Virginia 0rior to separation, to reumain valid and secure, and to be determined y laws nlow existing in Virginia - - - - 7 24 hiiw lands of non-resident proprietors are to be taxed 8 24 within term of six years after state is admitted into the Union to be no forfeiture for neglect of cultivation- - - - 8 24 graits of lands by the proposed state not to interfere with any war- rant from Virginia, located on land subject thereto, on or before the first of September, 1791 - - - -9 24 unloated lat.l-I appropriated to individuals for military or other ser- vices, subject to the disposition of Virginia till lst of May, 1792 10 25 INDEX TO THE OLD CONSTITUTION OF KENTUCKY. 47 ART. sEC. PAGE. Compact with Virginia- navigation of Ohio to be free and common . . . 11 25 jC riadi tion of proposed state thereon. . .11 25 oavw disputes respecting the comnpact may be settled- - - - 12 25 what number of members may act and determine the question con- cerning the erection of the district into atn independent state 13 25 when the authority of Virginia over the district to cease 14 25 assent of general goveruine-it to be obtained, and hli - - - 15 25 convention to provide for the establishment of a constitution of gov- enlment for proposed state -- - 16 26 privileges of electors and representatives- - - - 17 26 executi ve of Virginia to transomit this actto representatives in congress 18 26 Constitution, when in force (schedulc) - --6 41 mode of revising [see convention] - - 9 40 all las contrary thereto void -- - 10 28 43 Contracts, law impairing not to be made - -10 18 42 to continue as if constitution had not been (scbedule)- 1 41 Convention, majority of all menmbers elected within first twventy days of their annual ession, .syfpa a law to take the sense of the people 0wl the expedienc o - -9 40 how and w .en to be called - - 9 40 how many members to consist of - -9 40 when to meet --9 40 Coroner, how to be appointe -- -4 8 36 County, new, when erected, how justices of peace, surveyor, and coroner 4 9 36 Courts shall be open - -10 13 42 county, established --4 5 36 to recommend two persons to the governor to fill the office of survey- or, coroner, or justice of the peace, one of whom shall be appointed - 4 8 36 may be authorized to appoint inspectors and other inferior officers with- in limits of county --3 9 32 Elections, shall be free and equal -10 5 41 by the peoplc, or by the legislature to be viva voce 6 16 39 to take place first Monday in August in every year 2 3 28 where to be held -- - 2 5 28 when town entitled to separate representation, elections for county not to be held therein - - - 2 5 28 returns of, for governor, lieutenant governor, and members of gene- ral assembly, made to the secretary -- - 6 15 39 contested, of governor and lieutenant governor, how to be deter- minled 3 27 34 Election, when first fnr governor, lieutenant governor, and tuembers of gene- ral assembly to take place (scheduIle) -5 44 returns of, when,, and to whonm made (schedule) - 5 44 Electors, privileged from arrest at elections, except for treason, felony, breach orsuretyofpeace - - - - - - - - - - 2 8 29 E.igration, not to be prohibited -10 27 43 Equality of all men declared 10 1 41 Expenditures and receipts of public money, account of, to be annually pub- lisied 6 5 38 Ex post facto law not to be made -10 18 42 Frankfort [see government, seat of] -8 40 Fines, excessive shall not be imposed -10 15 42 General assembly [see assembly, general.] Government, seat of, to c-ntinue in Frankfort until removed by law 8 40 two thirds of all elected to both houses may-remove 8 40 Governor, elected for f.our years --3 2 31 plurality of votes shall elec-t - - 3 2 31 if two highet candidates forbe equal, decided bylot - - - 3 2 31 ineligible for succeeditg seven years after the expiration of his terj i -- - -3 3 32 qualifications for - - -3 4 32 c.mob..neement and ter-ination of service of - - - 3 5 32 who ineligible to office of -- - 3 6 32 compensation of - --3 7 32 vesied w ithexecutivepowers -- - 3 1 31 ahall be connnander-iii-ehief of the arniy and nary, and of militia, when not in the service of the United States . - - 3 8 32 INDEX TO THE OLD CONSTITUTION OF KENTUCKY. Governor, not to command personally in the field, unless so advised by the general asseinhlyr may appoint to office, with consent of senate shall fill vacancies happening during reces of senat mnust sign commissions- during recess of general assembly, to fill vacancies in office of tress urer and public printer may remit fines and forfeitures may grant reprieves and pardons, except in casm of impeachment may reprieve in cases of treason, until end of the succeeding legis- latu re may require information ia writing from officers in executive de- partment shall give information to general assembly, and recommend meas- may convene general assembly may adjourn it in case of disagreement between two houses, not ex- ceediog four months- shall take care that the laws be faithfully executed in case of death, &ik., duties of shall devolve on lieutenant gover- nflr not to appoint any person to any office within any county, not a citizen and inhabitant thereof one year preceding shall sign bills which he approves - if he do iiot approve, shall send his objections to the house in which bill originated- every order, resolution or vote requiring the concurrence of both holses to be approved by- or if disapprove-i by, must be passed by a majority of all the mem- bers electcd to both houses- Governor, Lieutenaut, alien and how cosen- how long to continue in office qualifications for- tv be speaker of senate- to have right to debate and vote in committee of whole niay give casting vote when senate is equally divided - shall, in certain cae, discharge duties of governor inl case of death, &. of, the speaker of the senate to ad- minister the government if dath, ike., of, happen during recess of general assem- bly, secretary to convene senate to elect a speaker comipensation of Habeas corpus, not to be suspended unless in cases of rebellion or invasion - 10 16 Impeachment, who liable to -5 3 house of r-presentatives to have sole power of 5 1 in case of, s-nate to try- 5 2 shall be on oath -- - 5 2 two-thirds of, must concur to convict - - - - 5 2 Judges, how long to continue in officeee Appeals, Court of 6 12 to hold office during- good behavior- --4 3 may be renoved on aIdress of two-thirls of each house 4 3 shall receive an adequate ompensation - - - - 4 3 Fball be conservators of the peace - - - - 4 4 Judicial powe-r vested in court of aplpals and such inferior courts as may be establ ise -- --4 1 Jury, ancient mode of trial by to be held sacred - - - - 10 6 Justices of the peace shall be appointed for each county - 4 6 how long to continue in office - -6 12 cball hold office during good behavior- - 4 6 may be removed by address of two-thirds of each house 4 6 nu il-, hr of, how regulated- -4 7 cou lIty cou.rt to recomni end Iwo persons for, one of wbom the go-vernorshall appoint -4 8 if ouciity court omit, for twelve months, to make recom- mendations for, after being requested by the governor, he may, with consent of the senate, appoint 4 8 eligible to legislature - -2 26 ART. SW. PAOL 3 8 32 3 9 32 3 10 32 4 11 37 4 12 37 3 11 32 3 11 32 3 11 32 3 12 33 3 13 33 3 14 33 3 14 33 3 15 33 3 18 33 3 9 32 3 25 34 3 25 34 3 26 34 3 26 34 3 16 33 3 16 33 3 16 33 3 17 33 3 17 33 3 17 33 3 18 33 3 19 33 3 22 34 3 20 33 42 37 37 37 37 37 38 135 35 35 36 35 4 1 i6 i 38 36 36 36 36 36 31 48 INDEX TO THE OLD CONSTITUTION OF KENTUCKY. 49 ART. sEc. PAGZ. Justices of Quarter Session courts, who receive compensation for their servi- ces, ineligible to legislature 2 26 31 Laws not to be suspended unless by legislature or its authority - - - 10 14 42 in force, not inconsistent with the constitution, not to be affected there- by (schedule) -1 43 Legislative power vested in general assembly -2 1 27 Libels, in; indictment for, the juiry have right to dtermine the law and facts - 10 8 41 Military, in all cases and at all times, subordinate to the civil power 10 24 43 Militia, of whom to consist --3 28 35 how, certain offllers to be appointed - -3 29 35 commissioned officers, how to be nominated, and by whom commis- sioned - -3 30 35 how long to continue in office --6 12 38 eligible to the legislature - -2 26 31 Money, public, annual account of receipts and expendituresof, to be published 6 5 38 Nobility, title of, or hereditary distinction, none to be granted - - - 10 26 43 Oath, how to be administered 6 7 38 of tm-tubers of general assembly and all officers, executive and judicial 6 1 37 Office, legislature to create none, the tenure of which is longer than during good behavior -10 26 43 of profit, person exercising, ineligible to legislature, except attorneys at law, justices of the peace, and militia offcers -2 26 31 who ineligible to- 6 17 39 lawvs to be made to exclude from, for bribery, perjury, forgery. ste. - 6 4 38 when abeenee from state shall not be forfeiture of right to be appointed to 6 13 39 Officers, executive and judicial, to take oath -6 1 37 solary of, legislature may direct how deduction to be made for neglect of duty - - 614 39 securities of, legislature may direct how to be relieved - . 6 18 39 in office when constitution was made, to continue therein unless oth- erwise directed (schedule) - -2 43 oath of, may be administered by justice of the peace - - 3 43 People, all free governments founded on authority of -10 2 41 Poower, un.person or personsof one departmenttoexercisebelungingtoanother 1 2 27 Pow.ers of government divided into three departments- - - - 1 1 27 Printer for commonwealth, how and when appoitited- - - - 4 12 37 Process, style of, shall be Commonwealth of Kentucky" - 4 4 36 Prosecutions shall be carried on in name of the Commonwealth of Kentucky 4 4 36 how to conclude - - - - 4 4 36 pending when eonstitution was formed, to continue (schedule) - 1 43 Punishments, cruel, shall not be inflicted - - - 10 15 42 Receipts and expen.litures of public moneys tobe published annually - 6 5 38 Representatives, house of, a branch of legislative power - - - - 2 1 27 term of service of members, one year from commencement of general election -- - - 2 2 28 memnbers of, when chosen -2-- - 3 28 qualifications- - - - 2 4 28 shall choose speaker and other officers 2 7 29 numnberof, to be not less than 58 nor more than 100 2 6 28 tualifications of electors of - - - - 2 8 29 Representation tob equal and uniform 2 6 28 Rights of the citizen deelareli to be, liberty of conscience in matters of religion 10 3 41 freedom of the press and of speech 10 7 41 in prosecutions for Iibels, to give in evidence truth of matter published 10 8 41 to be secure from unreasonable searches and seizures - - - 10 9 41 when accused in criminal prosecutions, to be heard by himself & counsel 10 10 42 to demand the nature of accusation- 10 10 42 to meet witnesses face to face 10 10 42 to have compulsory process for witnesses -10 10 42 to have a speedy public trial by an impartial jury of the vicinage 10 10 42 to refuse to give eviderce against himself -10 10 42 not to bedeprised of life, liberty or propertywithoutduecourse of law 10 10 42 for any imdiitable offemec, not to be proceeded against criminally by information, except in the laid or naval forces - - - 10 11 42 not to be twvice jeopardized for the same offense -10 12 42 7 50 INDEX TO THE OLD CONSTMITTION OF KENTUCKY. AxT. sac. rPAG. Rights of the citizen declared to be- not to permit property to be taken forpublic use without consent of his representatives, and just compensation made - - - 10 12 42 hat all courts shall be open, and r-dress given for any injury, and jus- tice administered without sale, denial, or delay - - - -10 13 42 that excessive bail shall not be required,nor excessive fines imposed, ic. 10 15 42 as prisoner to be bailed, unless in capital offenses, when the proof is evident or gpesumption great -10 16 42 an debtor, to be free from prison after delivering up his estate as pre- scribed by law, unless there be strong presumption of fraud - - 10 17 42 that estate of such as destroy their own lives, shall descend or vest as in ease of natural death -10 21 42 that if any person be killed by casualty, there shall no forfeiture accrue 10 21 42 to assemble and petition- 10 22 43 to bear arms in defense of himself and state 10 23 43 to forbid a soldier to be quartered in his house in time of peace - 10 25 43 nor in time of war, but as prescribed by law 10 25 43 Secretary, how long to continue in office_ 3 24 34 his duties -3 24 34 when senate to be convened by 3 22 34 to count the votes in first election for governor and lieutenant gov- ernor, in the presence of at least two judges of the court of ap- peals or district cO.ts (schedule) - -5 44 Senate, members of, to be chosen for four years 2 9 29 ha power to choose its officers aniually-2 9 29 how classed and terms of service - - - 2 29 to be twenty-four at least, and in what proportion to be increased 2 It 29 when additional members of, made, to be classed by lot - - - 2 13 29 qualifications of members of -2 15 29 =ectorsof members of 2 14 29 where to vote -2 14 29 first election of, to be general throughout state, and when to be held 2 16 30 elections to be held to fill place of those whose term of service expire 2 16 30 when it shall elect one of its members speaker -3 19 33 speaker of, when to administer government 3 19 33 compensation of -3 21 33 Senatorial districts to be formed from time to time 2 12 29 as many as senators 2 12 29 contain each an equal numbe-, as near as may be, of free white male inhabitants over the age of twenty-one - 2 12 29 to form one, no county to be divided - - - - 2 12 29 counties composing one, to adjoin 2 12 29 Sheriffs, how appointed, and how long to continue in office - - - 3 31 35 if county court omit to recommend, governor to appoint - - 3 31 35 Slaves, general assembly not to emancipate, without ow ner's consent or com- pensation made 7 1 39 emigrants may bring with them -7 1 39 general assembly to pass laws to permit owners to emancipate - 7 1 39 may prevent from being brought into this state for merchandise - 7 1 39 or from a foreign country -7 1 39 general assembly may provide for well treatment of - - 7 1 39 grand jury not necessary in prosecutions of, for felony - - 7 2 40 not to e =eprIvel of irpartial trial by petit jury - 7 2 40 Suffrage, laws to be made to exclude from, for bribery, perjury, forgery, dc. - 6 4 38 privilege of, to be supported by laws regulating elections, ic. - 6 4 38 Suits against commonwealth, general assembly may direct in what manner tobe brought 6 6 38 Surveyors, how to be appointed 4 8 36 how long to continue in office 6 12 38 Towns, when invested with the privilege of separate representation - 2 5 28 Treason, defined -- -6 2 37 no person to be convicted of, unless on the testimony of two witnesses to same overt act - - - 6 2 37 legislature may pardon . . .3 11 32 Treasurer, how appointed, and how long to continue in office - - 4 12 37 Treasury, money drawn from, only by appropriation . . . 6 5 38 Virginia, compact with, part of constitution 6 9 38 what laws of in force here 6 8 38 THE NEW CONSTITUTION OF KENTUCKY. PRE&MBLE. WE, the Representatives of the People of the State of Preamble. Kentucky, in Convention assembled, to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, and of pursuing happiness, do ordain and es- tablish this Constitution for its government. ARTICLE X. Concerning the distributwn of the powers of government. SECTION 1. The powers of the government of the state of Dirlion of th Kentucky, shall be divided into three distinct departments, t e and each of them be confided to a separate body of magis-pm tracy, to-wit: Those which are legislative, to one; those which are executive, to another; and those which are judi- ciary, to another. SzCrloN 2. No person, or collection of persons, being ep.-.tob of one of those departments, shall exercise any power properly belonging to either of the others; except in the instances hereinafter expressly directed or permitted. ARTICLE HI. Concerning the Legislative Department. SEcTiON 1. The legislative power shall be vested in a of theileiatu" House of Representatives and Senate, which together, P"w'- shall be styled the General Assembly of the Common- wealth of Kentucky. SEcrTON 2. The members of the house of representatives Hone of repre- shall continue in service for the term of two years from 1- r the day of the general election, and no longer. ber. SECToIN 3. Representatives shall be chosen on the first When to be ob. Monday in August in every second year; and the mode of en, and how. holding the elections shall be regulated by law. SomoN 4. No person shall be a representative, who at Qlifc io or the time of his election is not a citizen of the United States, member- has not attained the age of twenty-four years, and who has not resided in this state two years next preceding his elec- tion, and the last year thereof in the county, town, or city for which he may be chosen. SgcrioN 5. The general assembly shall divide each coun- Pulccaorelection ty of this commonwealth into convenient election pre- cincts, or may delegate power to do so to such county au- thorities as may be designated by law; and elections for representatives for the several counties shall be held at the THE NEW CONSTITUTION OF KENTUCKY. places of holding their respective courts, and in the seve- ral election precincts into which the counties may be divi- ded: Provided, that when it shall appear to the general as- Citis.and towns sembly that any city or town hath a number of qualified may have Pa"rate voters equal to the ratio then fixed, such city or town shall reprentton. be invested with the privilege of a separate representation, in either or both houses of the general assembly, which shall be retained so long as such city or town shall contain a number of qualified voters equal to the ratio which may, from time to time, be fixed by law; and thereafter elec- tions for the county in which such city or town is situated, shall not be held therein; but such city or town shall not be entitled to a separate representation unless such county, after the separation, shall also be entitled to one or more representatives. That whenever a city or town shall be entitled to a separate representation in either house of the How cities and general assembly, and by its numbers shall be entitled to ded hneiedmore than one representative, such city or town shall be to more than One divided, by squares which are contiguous, so as to make the most compact form, into representative districts, as nearly equal as may be, equal to the number of repre- sentatives to which such city or town may be entitled; and one representative shall be elected from each district. In like manner shall said city or town be divided into sena- torial districts, when, by the apportionment, more than one senator shall be allotted to such city or town; and. a sena- tor shall be elected from each senatorial district; but no ward or municipal division shall be divided by such divis- ion of senatorial or representative districts, unless it be necessary to equalize the elective, senatorial, or represent- ative districts. Swcrmox 6. Representation shall be equal and uniform in this commonwealth, and shall be forever regulated and as- of APmwautio..t certained by the number of qualified voters therein. In the year 1850, again in the year 1857, and every eighth year thereafter, an enumeration of all the qualified voters of the state shall be made; and to secure uniformity and equality of representation, the state is hereby laid off into ten dis- tricts. The first district shall be composed of the counties of Fulton, Hickman, Ballard, McCracken, Graves, Callo- way, Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, and Trigg. The second district shall be com- posed of the counties of Christian, Muhlenburg, Hender- son, Daviess, Hancock, Ohio, Breckinridge, Meade, Gray- son, Butler, and Edmonson. The third district shall be composed of the counties of Todd, Logan, Simpson, War- ren, Allen, Monroe, Barren, and Hart. The fourth district shall be composed of the counties of Cumberland, Adair, Green, Taylor, Clinton, Russell, Wayne, Pulaski, Casey, Boyle, and Lincoln. The fifth district shall be composed of the counties of Hardin, Larue, Bullitt, Spencer, Nelson, Washington, Marion, Mercer, and Anderson. The sixth district shall be composed of the counties of Garrard, Mad- ison, Estill, Owsley, Rockcastle, Laurel, Clay, Whitley, 52 THE NEW CONSTITUTION OF KENTUCKY. 53 Knox, Harlan, Perry, Letcher, Pike, Floyd, and Johnson. The seventh district shall be composed otf the counties of Jefferson, Oldham, Trimble, Carroll, Henry, and Shelby, and the city of Louisville. The eighth district shall be composed of the counties of Bourbon, Favette, Scott, O wen, Franklin, Woodford, and Jessamine. The ninth district shall be composed of the counties of Clarke, Bath, Mont- gomery, Fleming, Lewis, Greenup, Carter, Lawrence, Mor- gan, and Breathitt. The tenth district shall be composed of the counties of Mason, Bracken, Nicholas, Harrison, Pendleton, Campbell, Grant, Kenton, Boone, and Gallatin. The number of' representatives shall, at the several ses- sions of the general assembly next after the making of the enumerations, be apportioned among the ten several districts, according to the number of qualified voters in each; and the representatives shall be apportioned, as near as may be, among the counties, towns, and cities in each district; and in making such apportionment the following rules shall govern, to-wit: Every county, town, or city having the ratio, shall have one representative; if double the ratio, two representatives, and so on. Next, the counties, towns, or cities having one or more representa- tives, and the largest number of qualified voters above the ratio, and counties having the largest number under the ratio shall have a representative, regard being always had to the greatest number of qualified voters: Provided, that when a county may not have a sufficient number of quali- fied voters to entitle it to one representative, then such county may be joined to some adjacent county or counties, which counties shall send one representative. When a new county shall be formed of territory belonging to more ties are rie. d, than one district, it shall form a part of that district hav- -heme to be st- ing the least number of qualified voters. t.chd. SECTION 7. The house of representatives shall choose its Tochooteitsof. speaker and other officers. SECTION 8. Every free white male citizen, of the age of Qualificatbooo twenty-one years, who has resided in the state two years, electors of repr-. or in the county, town, or city, in which he offers to vote, one year next preceding the election, shall be a voter; but such voter shall have been, for sixty days next preceding the election, a resident of the precinct in which he offers to vote, and he shall vote in said precinct, and not elsewhere. SECTrIN 9. Voters, in all cases except treason, felony, lectors, -hen breach or surety of the peace, shall be privileged from ar- xnipt froot rest during their attendance at, going to, anmd returning from elections. SEcTrIoN 10. Senators shall be chosen for the term of four TCRO i KrVice years; and the senate shall have power to choose its offi- or sntOr. cers biennially. SECTION 11. Senators and representatives shall be elect- Senator drem ed, under the first apportionment after the adoption of this b constitution, in the year 1851. SEECwrioN 12. At the session of the general assembly, next Senators to be after the first apportionment under this constitution, the cled. THE9 NEW CONSTITUTION OF KENTUCKY. senators shall be divided by lot, as equally as may be, into two classes; the seats of the first class shall be vacated at the end of two years from the day of the election, and those of the second class, at the end of four years, so that one-half shall be chosen every two years. SwCTION 13. The number of representatives shall be one X..b" of hundred, and the number of senators thirty-eight. sators. SEC-ToN 14. At every apportionment of representation, Se-tnjl Me- the state shall be laid off into thirty-eight senatorial dis- tracts. bow to be tricts, which shall be so formed as to contain, as near as formed. may be, an equal number of qualified voters, and so that no county shall be- divided in the formation of a senatorial district, except such county shall be entitled, under the enu- meration, to two or more senators; and where two or more counties compose a district they shall be adjoining. SEcTio 15. One senator for each district shall be elect- Quatiicationsof ed by the qualified voters therein, who shall vote in the pre- eectors of enaor cincts where they reside, at the places where elections are by law directed to be held. SECTION 16. No person shall be a senator, who, at the of Qulitlous time of his election, is not a citizen of the United States; of rS, has not attained the age of thirty years, and who has not resided in this state six years next preceding his election, and the last year thereof in the district for which he may be chosen. SECTION 17. The election for senators, next after the first Time t tecting apportionment under this constitution, shall be general senators, throughout the state, and at the same time that the elec- tion for representatives is held; and thereafter, there shall be a biennial election for senators to fill the places of those whose term of service may have expired. SEcT-oN 18. The general assembly shall convene on the Timeomeeting first Monday in November after the adoption of this con- ote legislature. stitution, and again on the first .Monday in November, 1851, and on the same day of every second year thereafter, un- less a different day be appointed by law; and their sessions shall be held at the seat of government. SEcTios 19. Not less than a majority of the members of Quorum of tMe each house of the general assembly shall constitute a quo- eate and ouse, rum to do business; but a smaller number may adjourn from day to day, and shall be authorized by law to compel the attendance of absent members, in such manner, and under such penalties as may be prescribed thereby. SrCToI 20. Each house of the general assembly shall Election, bow judge of the qualifications, elections, and returns of its judged, members; but a contested election shall be determined in such manner as shall be directed by law. SECTION 21. Each house of the general assembly may determine the rules of its proceedings, punish a member ceedings, & POW- for disorderly behavior, and, with the concurrence of two- Cf to pUilsb. thirds, expel a member, but not a second time for the same cause. SEC-nON 22. Each house of the general assembly shall bou.b e keep and publish, weekly, a journal of its proceedings, 54 THE NEW CONSTITUTION OF KENTUCKY. and the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on their journal. SECTrON 23. Neither house, during the session of the Adjounm.nL general assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. SECrIoN 24. The members of the general assembly shall Compotion severally receive, from the public treasury, a compensation a nn_ d for their services, which shall be three dollars a day, during IetS lof ion their attendance on, and twelve and a half cents per mile for the necessary travel in going to, and returning from, the sessions of their respective houses: Provided, that the same may be increased or diminished by law; but no alteration shall take effect during the session at which such alteration shall be made; nor shall a session of the general assembly continue beyond sixty days, except by a vote of two-thirds of all the members elected to each house, but this shall not apply to the first session held under this constitution. SECTION 25. The members of the general assembly shall, PriAtepotthe in all cases, except treason, felony, breach or surety of the member peace, be privileged from arrest, during their attendance at the sessions of their respective houses, and in going to, and returning from the same; and for any speech or de- bate, in either house, they shall not be questioned in any other place. SECTION 26. No senator or representative shall, during To Wh.tomCa the term for which he was elected, nor for one year there- heappioited. after, be appointed or elected to any civil office of profit under this commonwealth, which shall have been created, or the emoluments of which shall have been increased du- ring the said term, except to such offices or appointments as may be filled by the election of the people. SECTION 27. No person, while he continues to exercise Who inelgible the functions of a clergyman, priest, or teacher of any re- to 'he LegiUlture. ligious persuasion, society, or sect, nor while he holds or exercises any office of profit under this commonwealth, or under the government of the United States, shall be el- igible to the general assembly, except attorneys at law, justices of the peace, and militia officers: Provided, that attorneys for the commonwealth, who receive a fixed an- nual salary, shall be ineligible. SECTON 28. No person, who at any time may have been Collectoroftx uniib. .til a collector of taxes or public moneys for the state, or the qnieit, ebtain- assistant or deputy of such collector, shall be eligible to Cd. the general assembly unless he shall have obtained a quietus six months before the election, for the amount of such col- lection, and for all public moneys for which he may have been responsible. SEc-rON 29. No bill shall have the force of a law, until, Bills, their for- on three several days, it be read over in each house of the mala. general assembly, and free discussion allowed thereon; unless, in cases of urgency, four-fifths of the house where 55 56 THE NEW CONSTUTION OF KENTUCKY. the bill shall be depending, may deem it expedient to dis- pense with this rule. SECTION 30. All bills for raising revenue shall originate Revenw bils- in the house of representatives; but the senate may pro- OrlWg tO.W. pose amendments as in other bills: Provided, that they shall not introduce any new matter, under color of amend- ment, which does not relate to raising revenue. SECTION 31. The general assembly shall regulate, by Writs of election, law, by whom, and in what manner writs of election shall be issued to fill the vacancies which may happen in either branch thereof. SECTION 32. The general assembly shall have no power Shall not grant to grant divorces, to change the names of individuals, or divorces, change direct the sales of estates belonging to infants, or other .le. Infantcs persons laboring under legal disabilities, by special legis- eetstes, h tion; but by general laws shall confer such powers on the courts of justice. SECTION 33. The credit of this commonwealth shall never Credit of the be given or loaned in aid of any person, association, mu- .t a ot.to tnbegi nicipality, or corporation. SECTION 34. The general assembly shall have no power Reaonrcesoftbe to pass laws to diminish the resources of the sinking fund, ainking fund not as now established by law, until the debt of the state be to be diminished, paid, but may pass laws to increase them; and the whole resources of said fund, from year to year, shall be sacredly set apart and applied to the payment of the interest and principal of the state debt, and to no other use or purpose, until the whole debt of the state is fully paid and satisfied. SECTION. 35. The general assembly may contract debts For what pr. to meet casual deficits or failures in the revenue, but such coe debts mby debts, direct or contingent, singly or in the aggregate, shall thestt. not at any time exceed five hundred thousand dollars; and the moneys arising from loans creating such debts, shall be applied to the purposes for which they were obtained, or to repay such debts: Provided, that the state may contract debts to repel invasion, suppress insurrection, or, if hostili- ties are threatened, provide for the public defense. SECTION 36. No act of the general assembly shall author- Under what dr- ize any debt to be contracted on behalf of the common- cumatances may wealth, except for the purposes mentioned in the thirty- ,.t.tdebts on behalrofstate,. fifth section of this article, unless provision be made there- in to lay and collect an annual tax sufficient to pay the in- terest stipulated, and to discharge the debt within thirty years; nor shall such act take effect until it shall have been submitted to the people at a general election, and shall have received a majority of all the votes cast for and against it: Provided, that the general assembly may contract debts, by borrowing money to pay any part of the debt of the state, without submission to the people, and without mak- ing provision in the act authorizing the same for a tax to discharge the debt so contracted, or the interest thereon. SECTION 37. No law enacted by the general assembly, wo law shalt re. shall relate to more than one subject, and that shall be ex- 1at. to -'.r tha pressed in the title. THE NEW CONSTITON OF KENTUCKY. SECTION 38. The general assembly shall not change the Chanr t Oe- venue in any criminal or penal prosecution, but shall pro- proided tbe. vide forthe same by general laws. SEc-rtox 39. The general assembly may pass laws au- witrofeivorI thorizinr- writs of error in criminal or penal cases, and reg- , .ci,.nn and pe ulating the right of challenge of jurors therein. SECTION 40. The general assembly shall have no power Appropriation to pass any act, or resolution, for the appropriation of any ,rte.onye money, or the creation of any debt, exceeding the sum of and nays. one hundred dollars, at any one time, unless the same, on its final passage, shall be voted for by a majority of all the members then elected to each branch of the general as- sembly; and the yeas and nays thereon entered on the journal. ARTICLE Mn. Conccrning the Executive Dcpartment. SECTION 1. The supreme executive power of the com- T execuive monwealth shall be vested in a chief magistrate, who shall po.er. be styled the Governor of the Commonwealth of Kentucky. SECTION 2. The governor shall be elected for the term of Governor elct- four years, by the qualified voters of the state, at the time ed for.or ye.ars when, and places where they shall respectively vote for representatives. The person having the highest number of votes, shall be governor; but if two or more shall be equal and highest in votes, the election shall be determined by lot, in such manner as the general assembly may di- rect. SECTION 3. The governor shall be ineligible for the suc- Ineligible or-i. ceeding four years after the -expiration of the term for ceedi-n 4 year. which he shall have been elected. SECTIoN 4. He shall be at least thirty-five years of age, QuafifcaUone and a citizen of the United States, and have been an in- Elf governor. habitant of this state at least six years next preceding his election. SECrioN 5. He shall commence the execution of the du- comm.enceent ties of his office on the fifth Tuesday succeeding the day of 1U. tiono' the general election on which he shall have been chosen, and shall continue in the execution thereof until his suc- cessor shall have taken the oaths, or affirmations, prescrib- ed by this constitution. SEc-rfo 6. No member of congress, or person holding hoIneliible. any office under the United States, or minister of any re- ligious society, shall be eligible to the office of gover- nor. SECTION 7. The governor shall, at stated times, receive compenstion. for his services a compensation, which shall neither be in- creased nor diminished during the term for which he was elected. SECTION 8. He shall be commander-in-chief of the army Mifitarpowru and navy of this commonwealth, and of the militia there- and restrictoos of, except when they shall be called into the service of the United States; but he shall not command personally in the 8 57 THE N`EW CONMTUTION OF KENTUCKY. field, unless advised so to do by a resolution of the general assembly. SEcXION 9. Ile shall have power to fill vacancies that xayfill acaciea. may occur, by granting commissions, which shall expire when such vacancies shall have been filled according to the provisions of this constitution. Sec'rioe 10. Ile shall have power to remit fines and for- Powers f tte feitures, grant reprieves and pardons, except in cases of goverror. impeachment. In cases of treason, he shall have power to grant reprieves until the end of the next session of the general assembly, in which the power of pardoning shall be vested; but he shall have no power to remit the fees of the clerk, sheriff, or commonwealth's attorney, in penal or criminal cases. SEcrioN 11. He may require information, in writing, _May require In.- from the officers in the executive department, upon any 2c,''c, subject relating to the duties of their respective offices. SEcrioN 12. Ile shall, from time to time, give to the gen- Shallgive infr- eral assembly information of the state of the common- emotion t toe gen- wealth, and recommend to their consideration such mea- sures as he may deem expedient. SEcrloN 13. He may, on extraordinary occasions, con- Nayconvenetbe vene the general assembly, at the seat of government, or general Aembly. at a different place, if that should have become, since their last adjournment, dangerous, from an enemy, or from con- tagious disorders; and in case of disagreement between the two houses, with respect to the time of adjournment, he may ad journ them to such time as he shall think proper, not exceeding four months. SEcr-oN- 14. He shall take care that the laws be faithful- Goaral duty. ly executed. Sxirurio 15. A lieutenant governor shall be chosen at Liet..nant go- every regular election for governor, in the same manner, ruorelection to continue in office for the same time, and possess the same qualifications as the governor. In voting for governor and lieutenant governor, the electors shall state for whom they vote as governor, and for whom as lieutenant governor. SECriON 16. Ile shall, by virtue of his office, be speaker To be speakr of the senate; have a right, when in committee of the ofte senate, whole, to debate and vote on all subjects, and when the senate are equally divided, to give the casting vote. SEclIoN 17. Should the governor be impeached, removed When to act Ad from office, die, refuse to qualify, resign, or be absent from governor. the state, the lieutenant governor shall exercise all the power and authority appertaining to the office of governor, until another be duly elected and qualified, or the govern- or absent or impeached shall return or be acquitted. SECriON 18. Whenever the government shall be admin- When rambl to istered by the lieutenant governor, or he shall fail to attend appoint a peaJer as speaker of the senate, the senators shall elect one of their own members as speaker for that occasion. And if, during the vacancy of the office of governor, the lieuten- ant governor shall be impeached, removed from office, re- fuse to qualify, resign,d ie, or be absent from the state, 58 THE NEW CONSTITUTION OF KENTUCKY. the speaker of the senate shall, in like manner, administer the government: Provided, that whenever a vacancy shall occur in the office of governor, before the first two years of the term shall have expired, a new election for governor shall take place to fill such vacancy. SECTION 19. The lieutenant governor, or speaker pro Leut. go-rnor, tempore of the senate, while he acts as speaker of the sen- ha compeoUon. ate, shall receive for his services the same compensation which shall, for the same period, be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government, as governor, shall receive the same compensation which the governor would have received had he been employed in the duties of his office. SECTION 20. If the lieutenant governor shall be called On the death of upon to administer the government, and shall, while in such L t ry t administration, resign, die, or be absent from the state, du- cooaceicnat ring the recess of the general assembly, it shall be the du- ty of the secretary of state, for the time being, to convene the senate for the purpose of choosing a speaker. SEcrIoN 21. The governor shall nominate, and, by and Stttorfstt with the advice and consent of the senate, appoint a sec- appitateat ad retary of state, who shall be commissioned during the term dty. for which the governor was elected, if he shall so long be- have himself well. He shall keep a fair register, and at- test all the official acts of the governor, and shall, when required, lay the same, and all papers, minutes, and vouch- ers, relative thereto, before either house of the general as- sembly; and shall perform such other duties as may be re- quired of him by law. SEC-rioN 22. Every bill which shall have passed both M deof , houses, shall be presented to the governor. If he approve itg billt, disent he shall sign it; but if not he shall return it, with his ob- of g.ren, jections, to the house in which it originated, who shall en- ter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, a majority of all the members elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which it shall likewise be considered, and if approved by a majority of all the members elected to majoity of Alt that house, it shall be a law; but in such cases, the votes e0eftd mny r.t of both houses shall be determined by yeas and nays, and objecting'" the names of the members voting for and against the bill, shall be entered upon the journals of each house respect- ively. If any bill shall not be returned by the governor, within ten days (Sundays excepted) after it shall have Wben governor been presented to him, it shall be a law, in like manner tonta birlI. as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in which case it shall be a law, unless sent back within three days after their next meeting. SicTIoN 23. Every order, resolution, or vote, in which the concurrence of both houses may be necessary, except on tiou. -lid -M a question of adjournment, shall be presented to the gov- theo,.roi. by 59 THE NEW CONSTITUTION OF KENTUCKY. ernor, and, before it shall take effect, be approved by him; or, being disapproved, shall be repassed by a majority of all the members elected to both houses, according to the rules and limitations prescribed in case of a bill. SEc-rioN 24. Contested elections for governor and lieu- contcd elc tenant governor shall be determined by both houses of the tUoo for goieroo general assembly, according to such regulations as may be established by law. Szc-rio 25. A treasurer shall be elected by the qualified Trenasrer, and- voters of the state, for the term of two years; and an au- Iw rtcgistcerantl ditor of public accounts, register of the land office, and electtin of. attorney general, for the term of four years. The duties termo ox Offi and responsibilities of these officers shall be prescribed by law: Provided, that inferior state officers, not specially provided for in this constitution, may be appointed, or elected, in such manner as shall be prescribed by law, for a term not exceeding four years. SEcnrON 26. The first election, under this constitution, st Ofz, for governor, lieutenant governor, treasurer, auditor of firt election p4 public accounts, register of the land office, and attorney ,hen W i c ' general, shall be held on the first Monday in August in the year 1851. ARTICLE IV. Concerning the Judicial Department. SEcrioN 1. The judicial power of this commonwealth, Judicial power both as to matters of law and equity, shall be vested in one ntesdirn odUCf supreme court, (to be styled the Court of Appeals,) the a uls.. courts established by this constitution, and Stuch courts, inferior to the supreme court, as the general assembly may, from time to time, erect and establish. CONCERNING THE COURT OF APPEALS. Secriox 2. The court of appeals shall have appellate ju- nrisdiction only, which shall be co-extensive with the state, court of appata. under such restrictions and regulations, not repugnant to this constitution, as may, from time to time, be prescribed by law. SEorioN 3. The judges of the court of appeals shall, J.dghes how to after their first term, hold their offices for eight years, from heoth-terfmo and after their election, and until their successors shall be efface. duly qualified, subject to the conditions hereinafter pre- scribed; but for any reasonable cause, the governor hall M ybNre"'od remove any of them, on the address of two-thirds of each byaddres., house of the general assembly: Provided, owe-vr, that the cause or causes for which such removal may be re- quired shall be stated at length in such address, and on the journal of each house. They shall, at stated times, Tbeir alani receive for their services an adequate compensation, to be fixed by law, which shall not be diminished during the time for which they shall have been elected. SECTION 4. The court of appeals shall consist of four To istorfio judges, any three of whom may constitute a court for the mitn. o'die eLct- transaction of business. The general assembly, at its first ad by d ia6trta so THE NE`W CONSTITUTION OF KENTUCKY. session after the adoption of this constitution, shall divide the state, by counties, in four districts, as nearly equal in voting population, and with as convenient limits as may be, in each of which the qualified voters shall elect one judge of the court of appeals: Provided, that whenever a Number my be vacancy shall occur in said court, from any cause, the reduced. general assembly shall have the power to reduce the num- ber of judges and districts; but in no event shall there be less than three judges and districts. Should a change in the number of the judges of the court of appeals be made, the term of office and number of districts shall be so chang- WI.. districs ed as to preserve the principle of electing one judge every to be d_,ej. twvo years. Szc1IoN 5. The judges shall, by virtue of their offices, Judgestobecon- be conservators of the peace throughout the state. The o f P-eace style of all process shall be "The Commonwealth of Ken- Poce and pro- tucky." All prosecutions shall be carried on in the name ' Ui and by the authority of the commonwealth of Kentucky, commoawcatth and conclude, "against the peace and dignity of the same." SEsc'oN 6. The judges first elected shall serve as fol- lows, to-wit: one shall serve until the first Monday in Au- ludgm fielect- gust, 1852; one until the first Monday in August, 1854; a iveto one until the first Monday in August, 1856; and one until the first Monday in August, 1858. The judges, at the first term of the court succeeding their election, shall deter- mine, by lot, the length of time which each one shall serve; and at the expiration of the service of each, an election in the proper district shall take place to fill the vacancy. The judge having the shortest time to serve shall be styled the chief justice of Kentucky. SEC-rioN 7. If a vacancy shall occur in said court from vacs bo any cause, the governor shall issue a writ of election to to be, f1ild. the proper district to fill such vacancy for the residue of the term: Provided, that if the unexpired term be less than one year, the governor shall appoint a judge to fill such vacancy. SE:C-ozN 8. No person shall be eligible to the office of Qoliflcttof judge of the court of appeals, who is not a citizen of the jcrge or the c-urt United States, a resident of the district for wvhich he may '1. be a candidate two years next preceding his election, at least thirty years of age, and who has not been a prac- ticing lawyer eight years, or whose service upon the bench of any court of record, when added to the time be may have practiced law, shall not be equal to eight years. SECrTIoN 9. The court of appeals shall hold its sessions W here ssions at the seat of government, unless otherwise directed by to be.btid. law; but the general assembly may, from time to time, di- rect that said court shall hold its sessions in any one or more of said districts. SEcrioN 10. The first election of the judges and clerk or whenfr tele- clerks of the court of appeals shall take place on the sec- tion of Jadge and ond Monday in May, 1851, and thereafter, in each district clerko takepiac as a vacancy may occur, by the expiration of the term of 61 CMsME NIEW CONSTUION OF KENSCKY. office; and the judges of the said court shall be commis- sioned by the governor. SECTioN 11. There shall be elected, by the qualified vo- CIk o,.cWrks ters of this state, a clerk of the court of appeals, who shall t , ber 1,1ddt hold his office, from the first election, until the first Mon- d'c. day in August, 1858, and thereafter for the term of eight years from and after his election; and should the general assembly provide for holding the court of appeals in any one or more of said districts, they shall also provide for the election of a clerk by the qualified voters of such dis- trict, who shall hold his office for eight years, possess the same qualifications, and be subject to removal in the same manner as the clerk of the court of appeals; but if the general assembly shall, at its first or any other session, di- rect the court of appeals to hold its session in more than one district, a clerk shall be elected by the qualified voters of such district. And the clerk, first provided for in this section, shall be elected by the qualified voters of the oth- er district or districts. The same principle shall be ob- served whenever the court shall be directed to hold its ses- sions in either of the other districts. Should the number of judges be reduced, the term of the office of clerk shall be six years. SECwTIN 12. No person shall be eligible to the office of Qu.-ifitiofo clerk of the court of appeals, unless he be a citizen of the United States, a resident of the state two years next pre- ceding his election, of the age of twenty-one years, and have a certificate from a judge of the court of appeals, or a judge of the circuit court, that he has been examined by the clerk of his court, under his supervision, and that he is qualified for the office for which he is a candidate. SECTION 13. Should a vacancy occur in the office of clerk Vecancies i of the court of appeals, the governor shall issue a writ of rlickskbp, how election, and the qualified voters of the state, or of the b. fl1Wd. district in which the vacancy may occur, shall elect a clerk of the court of appeals, to serve until the end of the term for which such clerk was elected: Provided, that when a vacancy shall occur from any cause, or the clerk be under charges upon information, the judges of the court of ap- peals shall have power to appoint a clerk pro tem., to per- form the duties of clerk until such vacancy shall be filled, or the clerk acquitted: And, provided further, that no writ of election shall issue to fill a vacancy unless the unexpir- ed term exceed one year. SECToI 14. The general assembly shall direct, by law, Mode of con- the mode and manner of conducting and making due re- _nd ,zkint -c turns to the secretary of state, of all elections of the judges tIrll- a"tletary and clerk or clerks of the court of appeals, and of deter- mining contested elections of any of these officers. SEmtion 15. The general assembly shall provide for an Ho. special additional judge or judges, to constitute, with the remain- nouC ofr PiC,1S ing judge or judges, a special court for the trial of such bpr. cause or causes as may, at any time, be pending in the court of appeals, on the trial of which a majority of the THE NEW CONSTITrION OF KENTUCKT. judges cannot sit, on account of interest in the event of the cause, or on accoL nt of their relationship to either party, or when a judge may have been employed in or decided the cause in the inferior court. CONCERNING THE CIRCUIT COURTS. SEcrToN 16. A Circuit Court shall be established in each circuit courts county now existing, or which may hereafter be erected in ed this commonwealth. SECTION 17. The jurisdiction of said court shall be and Jurlsictio- remain as now established, hereby giving to the general as- sembly the power to change or alter it. SECTION 18. The right to appeal or sue out a writ of er- Appeas. ror to the court of appeals shall remain as it now exists, until altered by law, hereby giving to the general assembly the power to change, alter, or modify said right. SF-rioN 19. At the first session after the adoption of this Gels constitution, the general assembly shall divide the state in- bly t di'ide tate to twelve judicial districts, having due regard to business, territory, and population: Provided, that no county shall be divided. SECTIoN 20. They shall, at the same tithe that the judicial Cir-itjudr-t. districts are laid off, direct elections to be held in each dis- be electd-whn trict, to elect a judge for said district, and shall prescribe and how in what manner the elections shall be conducted. The first election of judges of the circuit court shall take place on the second Monday in May, 1851; and afterwards on the first Monday in August, 1856, and on the first Monday in August in every sixth year thereafter. SECTION 21. All persons qualified to vote for members of Wb tay vote the general assembly, in each district, shall have the right for Judges to vote for judges. SECTIoN 22. No person shall be eligible as judge of the Wbo b.11 bee- circuit court who is not a citizen of the United States, a Igiile -s circuit resident of the district for which he may be a candidate two juge years next preceding his election, at least thirty years of age, and who has not been a practicing lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall not be equal to eight years. SECTION 23. The judges of the circuit court shall, after circuitjudge- their first term, hold their office for the term of six years -t. be -mi.- from the day of their election. They shall be commission- Thow re ed by the governor, and continue in office until their succes- sors be qualified, but shall be removable from office in the same manner as the judges of the court of appeals; and the removal of a judge from his district shall vacate his office. SEc-riON 24. The general assembly, if they deem it ne- W Addto- cessary, mav establish one additional district every four at districsny be years, but the judicial districts shall not exceed sixteen un- establish til the population of this state shall exceed one million five hundred thousand. 63 THE NEW C& STITMTI0N OF KENTUCKY. SECTiox 25. The judges of the circuit courts shall, at C-o-Mtiou stated times, receive for their services an adequate com- of circuilts jud pensation, to be fixed by law, which shall be equal and uni- form throughout the state, and which shall not be dimin- ished during the time for which they were elected. SECTION 26. If a vacancy shall occur in the office of Vucncie, hou judge of the circuit court, the governor shall issue a writ to be filled. of election to fill such vacancy, for the residue of the term: Provided, that if the unexpired term be less than one year, the governor shall appoint a judge to fill such vacancy. SEtcriON 27. The judicial districts of this state shall not Wben judicial be changed, except at the first session after an enumera- ditrect.s may be tion, unless when a new district may be established. changed. SECTrION 28. The general assembly shall provide by law Secial circuit for holding circuit courts, when, from any cause, the judge ou'rts tb po- shall fail to attend, or, if in attendance, cannot properly wided f.,r by Ia...hl alt ted r fi tedne antpoel preside. CONCERNING COUNTY COURTS. SECTION 29. A County Court shall be established in each County courts county now existing, or which may hereafter be erected dbeof O wi this commonwealth, to consist of a presiding judge, conSiaL and two associate judges, any two of whom shall consti- tute a court for the transaction of business: Provided, the general assembly may at any time abolish the office of the associate judges, whenever it shall be deemed expedient; in which event they may associate with said court any or all of the justices of the peace for the transaction of bus - ness. SEXTON 30. The judges of the county courts shall be County court elected by the qualified voters in each county, for the term judge, to be ele t of four years, and shall continue in office until their suc- ed-term of o Cfce ceSsors be duly qualified, and shall receive such compensa- tion for their services as may be provided by law. SECTION 31. The first election of county court judges 'bs all take place at the same time of the election of judges uts of the circuit court. The presiding judge, first elected, Wd, shall hold his office until the first Monday in August, 1854. The associate judges shall hold their offices until the first Monday in August, 1852, and until their successors be qualified; and afterwards elections shall be held on the first Mondays in August, in the years in which vacancies regularly occur. SECTION 32. No person shall be eligible to the office of wIhoshall bed- presiding or associate judge of the county court, unless he Igibli as ecunty be a citizen of the United States, over twenty-one years of age, and shall have been a resident of the county in which he shall be chosen, one year next preceding the elec- tion. SECToI 33. The jurisdiction of the county court shall Jnriudiction Of be regulated by law; and, until changed, shall be the same county cour.L now vested in the county courts of this state. SECTION 34. Each county in this state shall be laid off tJcusticeb'e doff into districts of convenient size, as the general assembly 64 THE NEW CONSTITUT[ON OF KENTUCKY. may, from time to time, direct. Two justices of the peace -toto beelect- shall be elected in each district, by the qualified voters -thXir q.Iifi,.. therein, at such time and place as may be prescribed by tion. law, for the term of four years, whose jurisdiction shall be co-extensive with the county; no person shall be eligible as a justice of the peace, unless he be a citizen of the United States, twenty-one years of age, and a resident of the district in which he may be a candidate. SEurlON 35. Judges of the county court, and justices of Coanty Judges the peace, shall be conservators of the peace. They a d J..tioeto be shall be commissioned by the governor. County and dis- the v!..C-b.. trict officers shall vacate their offices by removal from filled the district or county in which they shall be appointed. The general assembly shall provide, by law, the manner of conducting and making due return of all elections of judges of the county court and justices of the peace, and for determining contested elections, and provide the mode of filling vacancies in these offices. SEcriox 36. Judges of the county court and justices of All county M. the peace, sheriffs, coroners, surveyors, jailers, county as- c" " to i. sessor, attorney for the county, and constables, shall be Elect of duty, subject to indictment or presentment for malfeasance or &C. misfeasance in office, or willful neglect in the discharge of their official duties, in such mode as may be prescribed by law, subject to appeal to the court of appeals; and, upon conviction, their offices shall become vacant. SEc-rioN 37. The general assembly may provide, by law, Judiceatositat that the justices of the peace in each county shall sit at oC.r cla, the court of claims and assist in laying the county levy and making appropriations only. SEcrloN 38. When any city or town shall have a sepa- wbendcties n rate representation, such city or town, and the county in tp-- m-y butc- which it is located, may have such separate municipal palcourtU. courts, and executive and ministerial officers as the gene- ral assembly may, from time to time, provide. Sourion 39. The clerks of the court of appeals, circuit -or cause the and county courts, shall be removable from office by the m.rybe remoortd court of appeals, upon information and good cause shown. bycourtofppeafs The court shall be judges of the fact as well as the law. Two-thirds of the members present must concur in the sen- tence. SI=crr0N 40. The Louisville chancery court shall exist Lods illehSn- under this constitution, subject to repeal, and its jurisdic- Cery--,ff.'!. tion to enlargement and modification by the general as- of chancellor au41 sembly. The chancellor shall have the same qualifica- oter offcer tions as a circuit court judge, and the clerk of said court as a clerk of a circuit court, and the marshal of said court as a sheriff; and the general assembly shall provide for the election, by the qualified voters within its jurisdic- tion, of the chancellor, clerk, and marshal of said court, at the same time that the judge and clerk of the circuit court are elected for the county of Jefferson, and they shall hold their offices for the same time, and shall be re- movable in the same manner: Providcd, that the mar- 9 65 THE NEW CONSTITUTION OF KENTUCKY. shal of said court shall be ineligible for the succeeding term. SFcsriox 41. The city court of Louisville, the Lexington city uof city court, and all other police courts established in any city or town, shall remain until otherwise directed by law, __ with their present powers and jurisdictions; and the judges, ed by 1a.w, &G. clerks, and marshals of such courts shall have the same qualifications, and shall be elected by the qualified voters of such cities or towns, at the same time, and in the same manner, and hold their offices for the same term as coun- ty judges, clerks, and siheriffs, respectively, and shall be In whom grl liable to removal in the same manner. The general as- aumblymaYe at sembly may vest judicial powers, for police purposes, in Jndicidpower. mayors of cities, police judges, and trustees of towns. ARTICLE V. Concerning Impeachments. SEcTmow 1. The house of representatives shall have the Impeacbments. sole power of impeachment. SEcTioN 2. All impeachments shall be tried by the sen- To be tried by ate. When sitting for that purpose, the senators ehall be enate, adhbow. upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members pre- sent. Scriox 3. The governor and all civil officers shall be Who lible t', liable to impeachment for any misdemeanor in office; but eTffet o jud` judgment in such cases shall not extend further than to re- moval from office, and disqualification to hold any office of honor, trust, or profit under this commonwealth; but the party convicted shall nevertheless be subject and liable to indictment, trial, and punishment by law. ARTICLE VI. Concerning Executive and Mfinisterial Officcrs for Counties and Districts. Sucrtox 1. A commonwealth's attornev for each judicial commonwealtan's district, and a circuit court clerk for each county, shall be attorny, circuit elected, whose term of office shall be the same as that of clerks county at- the circuit judges; also, a county court clerk, an attorney, e i'e.i surveyor, coroner, and jailer, for each county, whose term to ble ted erms of office shall be the same as that of the presiding judge of the county court. SEAc-rioi 2. No person shall be eligible to the offices men- Who eligible, &tioned in this article, who is not at the time twenty-four qu.aiftctio. years old, (except clerks of county and circuit courts, sher- iffs, constables, and county attorneys, who shall be cligi- ble at the age of twenty-one years.) a citizen of the United States, and who has not resided two years next preceding the election, in the state, and one year in the county or district for which he is a candidate. No person shall be eligible to the office of commonwealth's or county attor- ney, unless be shall have been a licen.sed practicing attor- ney for two years. No person shall be eligible to the of- 66 THE NEW CONSTITUTION OF KENTUCKY. fice of clerk unless he shall have procured from a judge of the court of appeals, or a judge of the circuit court, a cer- tificate that he has been examined by the clerk of his court, under his supervision, and that he is qualified for the office for which he is a candidate. SEc'rioN 3. The commonwealths attorney and circuit When Endshow court clerk shall be elected at the same time as the circuit to beelected. judge-the commonwealth's attorney by the qualified vo- ters of the district, the circuit court clerk by the qualified voters of the county. The county attorney, clerk, survey- or, coroner, and jailer, shall be elected at the same time, and in the same manner, as the presiding judge of the county court. SECTIroN 4. A sheriff shall be elected in each county, by heif sh, be the qualified voters thereof, whose term of office shall, af- elected term ofot. ter the firstt term, be two years, and until his successor be ace &C. qualified; and he shall be re-eligible for a second term; but no sheriff shall, after the expiration of the second term, be re-eligible, or act as deputy, for the succeeding term. The first election of sheriffs shall be on the second Mon- day in May, 1851; and the sheriffs, then elected, shall hold their offices until the first Monday in January, 1853, and until their successors be qualified; and on the first Mon- day in August, 1852, and on the first Monday of August in every second year thereafter, elections for sheriff shall be held: Provided, that the sheriffs, first elected, shall en- ter upon the duties of their respective offices on the first Monday in June, 1851, and after the first election on the first Monday in January next succeeding their election. SEcrIoN 5. A constable shall be elected in every justices' ongblestobe district, who shall be chosen for two years, at such time eleted-term of and place as may be provided by law, whose jurisdiction 'ac.eUOU shall be co-extensive with the county in which he may re- side. SECriox 6. Officers for towns and cities shall be elected officevortowns for such terms, and in such manner, and with such qualifi- -' "I a to be55 cations as may be prescribed by law. SEcTioN 7. Vacancies in offices under this article shall be filled, until the next regular election in such manner as to be flues. the general assembly may provide. SECmIoN 8. When a new county shall be erected, officers Wenew coone for the same, to serve until the next stated election, shall ty is erected om- be elected or appointed in such way and at such times as ` to be elected. the general assembly may prescribe. SwcioN 9. Clerks, sheriffs, surveyors, coroners, consta- Writ officers to bles, and jailers, and such other officers as the general 6ive bosil assembly may, from time to time, require, shall, before they enter upon the duties of their respective officesi, and as often thereafter as may be deemed proper, give such bond and security as shall be prescribed by law. SEc-rio-. 10. The general assembly may provide for the Gee.rlem. election or appointment, for a term not exceeding four bly 'yaovdef years, of such other county or district ministerial and cx- cr officers. 67 THE NEW CONSTITUTION OF KENTUCKY. ecutive officers as shall, from time to time, be necessary and proper. SECTION 11. A county assessor shall be elected in each Cout aeeor county at the same time and for the same term that the tobWeelected, term presidingj udge of the county court is elected, until other- ofogce. " wise provided for by law. He shall have power to ap- point such assistants as may be necessary and proper. ARTICLE VII. Concerning the Militia. SECrION 1. The militia of this commonwealth shall con- miuti.,of wom sist of all free, able-bodied male persons (negroes, mulat- to ConMta toes, and indians excepted,) resident in the same, between the ages of eighteen and forty-five years; except such per- sons as now are, or hereafter may be, exempted by the laws of the United States or of this state; but those who belong to religious societies, whose tenets forbid them to carry arms, shall not be compelled to do so, but shall pay an equivalent for personal services. SECTfON 2. The governor shall appoint the adjutant Staff offchow general, and his other staff officers; the major generals, appoin sJ. brigadier generals, and commandants of regiments shall, respectively, appoint their staff officers; and command- ants of companies shall appoint their non-commissioned officers: SECToI 3. All militia officers, whose appointment is not Alothermilitia herein otherwise provided for, shall be elected by persons o1ice-rtobeelect- subject to military duty, within their respective companies, adnd by whom, battalions, regiments, brigades, and divisions, under such rules and regulations, and for such terms, not exceeding six years, as the general assembly may, from time to time, direct and establish. ARTICLE 1111. General Provisions. SEcTIoN 1. Members of the general assembly, and all General oath of officers, before they enter upon the execution of the duties ofce. of their respective offices, and all members of the bar, be- fore they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear, (or affirm, as the case may be,) that I will support the consti- tution of the United States and the constitution of this state, and be faithful and true to the commonwealth of Ken- tucky, so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my abilities, the office of according to law; and I do further solemnly sHvear (or affirm,) that since the adoption of the present con- stitution, I, being a citizen of this state, have not fought a duel, with deadly weapons, within this state nor out of it, with a citizen of this state; nor have I sent or accepted a challenge to fight a duel with deadly weapons, with a citi- zen of this state; nor have I acted as second in carrying a challenge, or aided or assisted any person thus offending- so help me God. 68 THE NEW CONSTITUTION OF KENTUCKY. SECTION 2. Treason against the commonwealth shall Treason defined. consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. SECTIOx 3. Every person shall be disqualified from hold- Bribing and treat- ing any office of trust or profit for the term for which he lug. shall have been elected, who shall be convicted of having given or offered any bribe or treat to procure his election. SECTION 4. Laws shall be made to exclude feom office and from suffrage, those who shall thereafter be convicted It..b. tc.ando of bribery, perjury, forgery, or other crimes or high misde-aufrae meanors. The privilege of free suffrage shall be supported by laws regulating elections, and prohibiting, under ade- curdUff.aZ quate penalties. all undue influence thereon from power, bribery, tumult, or other improper practices. SzECTION 5. No money shall be drawn from the treasury Publi money- but in pursuance of appropriations made by law, nor shall ho t1o be drawn any appropriations of money for the support of an army be made for a longer time than two years; and a regular statement and account of the receipts and expenditures of all public money shall be published annually. SECTION ti. The general assembly may direct, by law, tSitzagrinttbe in what manner, and in what courts, suits may be brought at te. against the commonwealth. S;EC-Tio 7. The manner of administering an oath or af- Osth-nmane er firmation shall be such as is most consistent with the con- of dminiterig. science of the deponent, and shall be esteemed by the gen- eral assembly the most solemn appeal to God. SECTION S. All laws which, on the first day of June, one Certain lws thousand seven hundred and ninety-two, were in force in 'ntiwdintome the state of Virginia, and which are of a general nature, and not local to that state, and not repugnant to this con- stitution, nor to the laws which have been enacted by the general assembly of this commonwealth, shall be in force within this state, until they shall be altered or repealed by the general assembly. SECTION 9. The compact with the state of Virginia, sub- Compsct incor- ject to such alterations as may be made therein agreeably Porated to the mode prescribed by the said compact, shall be con- sidered as part of this constitution. SEcToIN 10. It shall be the duty of the general assembly Arbhratioa. to pass such laws as shall be necessary and proper to de- cide differences by arbitrators, to be appointed by the parties who may choose that summary mode of adjust- ment. SECTIof 11. All civil officers for the commonwealth at Officerawhere large, shall reside within the state, and all district, county, tOreside.,, bere or town officers within their respective districts, counties, or towns, (trustees of towns excepted,) and shall keep their offices at such places therein as may be required by law; and all militia officers shall reside in the bounds of the 69 THE NEW CONSTITUTION OF KENTUCKY. division, brigade, regiment, battalion, or company, to which they may severally belong. SECTION 12. Absence on the business of this state, or Whenabsence the United States, shall not forfeit a residence once ob- bash not ibe a for. tained, so as to deprive any one of the right of suffrage, or '"rrrrS- of being elected or appointed to any office under this com- monwealth, under the exceptions contained in this consti- tution. SEcTrIoN 13. It shall be the duty of the general assembly Deduction fro. to regulate, by law, in what cases, and what deductions from Salaries, the salaries of public officers shall be made, for neglect of duty in their official capacity. SECTION 14. Returns of all elections by the people shall Election returns, be made to the secretary of state, for the time being, except berermade, in those cases otherwise provided for in this constitution, or which shall be otherwise directed by law. SECTION 15. In all elections by the people, and also by Votes, viva cethe senate and house of representatives, jointly or sepa- ece-pt dumb pea- rately, the votes shall be personally and publicly given, viva voce: Provided, that dumb persons entitled to suffrage may vote by ballot. SPEcTIoN 16. All elections by the people shall be held be- Hour of electio-. twecn the hours of six o'clock in the morning and seven o'clock in the evening. SE:TIoN 17. The general assembly shall, by law, prescribe When offiWcer the time when the several officers authorized or directed by eol n this constitution to be elected or appointed, shall enter up- on the duties of their respective offices, except where the time is fixed by this constitution. SECTION 18. No member of congress, nor person hold- Who inligible ing or exercising any office of trust or profit under the to ancfice. United States, or either of them, or under any foreign power, shall be eligible as a member of the general assem- bly of this commonwealth, or hold or exercise any office of trust or profit under the same. SECTION 19. The general assembly shall direct, by law, securiticsfor of. how persons who now are or who may hereafter become erA. securities for public officers, may be relieved or discharged on account of such securityship. SzcA-ros 20. Any person who.shall, after the adoption of Persons who this constitution, either directly or indirectly, give, accept, carrS . chllenge or knowingly carry a challenge to any person or persons, tdoldr fived tofrt flt in single ombat, with a citizen of this state, with any deadly weapon, either in or out of the state, shall be deprived of the right to hold any office of honor or profit in this commonwealth, and shall be punished otherwise in such manner as the general assembly may prescribe by lair. SECTION 21. The governor shall have power, after five Governor shal1 years from the time of the offense, to pardon all persons afit ey wr, after who shall have in any wise participated in a duel, either don persons Cu- as principals, seconds, or otherwise, and to restore hiiit gSed4' aW .uel. or them to ail the rights, privileges, an(l immunities to which he or they were entitled before such participation. 70 71 THE NEW CONSTUTION OF KEWTUCKY. And upon the presentation of such pardon, the oath prc- scribed in the first section of this article shall be varied to suit the case. SEtcTioN 22. At its first session after the adoption of this General amem constitution, the general assembly shall appoint not more bMYt pp-nct pe. than three persons, learned in the law, whose duty it shall -ta ."'e ad be to revise and arrange the Etatute laws of this common- ' p.ep1re aode wealth, both civil and criminal, so as to have but one law on any one subject; and also, three other persons, learned in the law, whose duty it shall be to prepqre a code of prac- tice for the courts, both civil and criminal, in this common- wealth, by abridging and simplifying the rules of practice and laws in relation thereto; all of whom shall, at as ea:ly a day as practicable, report the result of their labors to the general assembly, for their adoption or modification. SEc-nOs 23. So long as the board of internal imnprove- President of the ment shall be continued, the president thereof shall be b..,d o hae-1 elected by the qualified voters of this commonwealth, and eleted-te- of hold the office for the term of four years, and until anoth- of'ic"d. er be duly elected and qualified. The election shall be held at the same time, and be conducted in the same man- ner, as the election of governor of this commonwealth un- der this constitution; but nothing herein contained shall prevent the general assembly from abolishing said board of internal improvement, or the office of president thereof. SECTION 24. The general assembly shall provide, by law, Contested edc- for the trial of any contested election of auditor, register, lion of certain of- treasurer, attorney general, judges of circuit courts, and dedr. ep all other officers not otherwise herein specified. SECTION X25. The general assembly shall provide by law n for the making of the returns, by the proper officers, of the blyto pro-ide. or election of all officers to be elected under this constitu- 'I frattllo- tion; and the governor shall issue commissions to the aud- Scene itor, register, treasurer, president of the board of internal improvement, superintendent of public instruction, and such other officers as he may be directed by law to con- mission, as soon as he has ascertained the result of the election of those officers respectively. SECTION 26. When a vacancy shall happen in the office Vacaneinany of attorney general, auditor of public accounts, treasurer, orfles-.teoics, register of the land office, president of the board of inter- how to be filled. nal improvement, or superintendent of public instruction, the governor,in the recess of the senate, shall have power to fill the vacancy by granting commissions which shall expire at the end of the next session, and shall fill the va- cancy for the balance of the time by and with the advice and consent of the senate. ARTICLE IX. Concerning thc s&at of Govcrnment. The seat of government shall continue in the city of Frankfort to be Frankfort, until it shall be removed by law: Providcd, home- tL' t.t of G- cvr, that two-thirds of all the members elected to each THE NEW CONSTTUTION OF KENTUCKY. house of the general assembly shall concur in the passage of such lawv. ARTICLE X. Concerning Slaves. SEcTIoN 1. The general assembly shall have no power Slavs not tobe to pass laws for the emancipation of slaves, without the en.ancPatedwith- pyn hi out consentof a.be consent of their owners, or without paying theirowners, Owners. previous to such emancipation, a full equivalent in money, for the slaves so emancipated, and providing for their re- moval from the state. They uall have no power to pre- vent immigrants to this state from bringing with them such hrmiuCT.r aesm persons as are deemed slaves by the laws of any of the United States, so long as any penon of the same age or description shall be continued in slavery by the laws of this state. They shall pass laws to permit owners of O a slaves to emancipate them, saving the rights of creditors, mncipte.. and to prevent them from remaining in this state after they are emancipated. They shall have full power to prevent slaves being brought into this state as merchandise. They shall havc full power to prevent slaves being brought into this state who have been, since the first day of Jan- Introduction of uary, one thousand seven hundred and eighty-nine, or may nctd. e hereafter be imported into any of the United States from a foreign country. And they shall have full power to pass such laws as may be necessary to oblige the owners My proide for of slaves to treat them with humanity, to provide for them xlies.teof necessary clothing and provision, to abstain from all in- juries to them, extending to life or limb; and in case of their neglect or refusal to comply with the directions of such laws, to have such slave or slaves sold, for the benefit of their owner or owners. SEC-nON 2. The general assembly shall pass laws provi- Free negroes here- ding that any free negro or mulatto hereafter immigrating afteWr, -"'mgting to, and any slave hereafter emancipated in, and refusing edguiltyofblony. to leave this state, or having left, shall return and settle within this state, shall be deemed guilty of felony, and punished by confinement in the penitentiary thereof. SECTION 3. In the prosecution of slaves for felony, no in- Grand jury not quest by a grand jury shall be necessary, but the proceed- eessa.Oryoinp Po. ings in such prosecutions shall be regulated by law; ex- cept that the general assembly shall have no power to de- prive them of the privilege of an impartial trial by a petit jury. ARTICLE XI. Concerning Education. SECTION 1. The capital of the fund called and known The caPtl of the as the "common school fund," consisting of one million c,8mo ehoed two hundred and twenty-five thousand seven hundred and f.d to beheldii- sixty-eight dollars and forty-two cents, for which bonds have been executed by the state to the board of education, and seventy-three thousand five hundred dollars of stock in 72 THE NEW CONSTMMON OF KIWCKY. the bank of Kentucky; also, the sum of fifty-one thousand two hundred and twenty-three dollars and twenty-nine cents, balance of interest on the school fund for the year 184S, unexpended, together with any sum which may be hereafter raised in the state by taxation, or otherwise, for purposes of education, shall be held inviolate, for the purpose of sustaining a system of common schools. The interest and dividends of said funds, together with any sum which may be produced for that purpose by taxation or otherwise, may be appropriated in aid of common schools, but for no other purpose. The general assembly shall invest said fifty-one thousand two hundred and twen- tv-three dollars and twenty-nine cents in some safe and profitable manner; and any portion of the interest and dividends of said school fund, or other money or property raised for school purposes, which may not be needed in sustaining common schools, shall be invested in like man- ner. The general assembly shall make provision, by law, for the payment of the interest of said school fund: potdhon to be Provided, that each county shall be entitled to its propor- _t.Op ier tion of the income of said fund, and if not called for, for Each county to common school purposes, it shall be re-invested from time proportion. to time for the benefit of such county. SEri-TN 2. A superintendent of public instruction shall 'Serit-ende-t be elected by the qualified voters of this commonwealth, tio. t boi'tfied at the same time the governor is elected, who shall hold for for yea. his office for four years, and his duties and salary shall be prescribed and fixed by law. ARTICLE X11. Mode of revising the Constitution. SECTION 1. When experience shall point out the necessi- How ccmtUtution ty of amending this constitution, and when a majority of maybe amwaded. all the members elected to each house of the general as- sembly shall, within the first twenty days of any regular session, concur in passing a law for taking the sense of the good people of this commonwealth, as to the neces- sity and expediency of calling a convention, it shall be the duty of the several sheriffs and other officers of elec- tions, at the next general election which shall be held for representatives to the general assembly, after the passage of such law, to open a poll for, and make return to the secretary of state, for the time being, of the names of all those entitled to vote for representatives who have voted for calling a convention; and if, thereupon, it shall ap- pear that a majority of all the citizens of this state, enti- tled to vote for representatives, have voted for calling a convention, the general assembly shall, at their next reg- ular session, direct that a similar poll shall be opened, and return made for the next election for representatives; and if, thereupon, it shall appear that a majority of all the citizens of this state entitled to vote for representatives, have voted for calling a convention, the general assembly 10 73 THE NEW CONSTITUTION OF KENTUCKY. shall, at their next session, pass a law calling a conven- tion, to consist of as many members as there shall be in Xt r the house of representatives, and no more; to be chosen beroftbeconveg- on the first Monday in August thereafter, in the same man- ner and proportion, and at the same places, and possessed of the same qualifications of a qualified elector, by citizens entitled to vote for representatives; and to meet within three months after their election, for the purpose of re- adopting, amending, or changing this constitution; but if it shall appear by the vote of either year, as aforesaid, that a majority of all the citizens entitled to vote for rep- resentatives did not vote for calling a convention, a conven- tion shall not then be called. And for the purpose of ascer- taining whether a majority of the citizens, entitled to vote for representatives, did or did not vote for calling a con- vention, as above, the general assembly passing the law authorizing such vote shall provide for ascertaining the number of citizens entitled to vote for representatives with- in the state. SECriON 2. The convention, when assembled, shall judge Con-enon to of the election of its members and decide contested elec- I'llo the elmc- tions, but the general assembly shall, in calling a con ven- tion, provide for taking testimony in such cases and for is- suing a writ of election in case of a tie. ARTICLE X1fl. Bill of Rig/its. That the general, great, and essential principles of liber- Declartlcn or ty and free government may be recognized and established: alh. WE DECLARE, SECTION 1. That all freemen, when they form a social xqualiltyofen. compact, are equal, and that no man, or set of men, are entitled to exclusive, separate public emoluments or priv- ileges from the community, but in consideration of public services. Absolute SECTION 2. That absolute, arbitrary power over the over ire., liberty lives, liberty, and property of freemen exists no where in ...h., I. a .- a republic-not even in the largest majority. public, &c. SECTION 3. The right of property is before and higher The right ofprc. than any constitutional sanction; and the right of the per. owner of a slave to such slave, and its increase, is the same, and as inviolable as the right of the owner of any proper- ty whatever. SECTION 4. That all power is inherent in the people, and A&lt pawnIn tbe all free governments are founded on their authority, and Peopl.e instituted for their peace, safety, happiness, security, and the protection of property. For the advancement of these ends, they have, at all times, an inalienable and inde- feasible right to alter, reform, or abolish their government, in such manner as they may think proper. SECTION 5. That all men have a natural and indefeasi- I.bety f con. ble right to worship Almighty God according to the dic- iclent. tates of their own consciences; that no man shall be com- 74 THlE NEW CONSTITUTION OF KENTUCKY. pelted to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority ought, in any case whatever, to control or interfere with the rights of conscience; and that no pre- ference shall ever be given by law to any religious societies or modes of worship. SECTION 6. That the civil rights, privileges, or capacities Religion. of any citizen shall in no wvise be diminished or enlarged on account of his religion. SEcrioN 7. That all elections shall be free and equal. Election. SECrIox 8. That the ancient mode of trial by jury shall Trial by juy. be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this constitution. Siv-riors 9. That printing presses shall be free to every P"d.omor . person who undertakes to examine the proceedings of the pre-.ndapeech. general assembly, or any branch of government; and no law shall ever be ma(le to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. SE(c-rioN 10. In prosecutions for the publication of papers To give truth in investigating the official conduct of officers, or men in a evidence public capacity, or where the matter pubLished is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall "'I to " Jugs have a right to determine the lawv and the facts, under the lib-- direction of the court, as in other cases. SECCrION 1. That the people shall be secure in their per- P.-eop to bes& c.re Iro noca sons, houses, papers, and possessions, from unreasonable .on.blue re. seizures and searches, and that no warrant to search any d s-c place or to seize any person or thing, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation. SECTION 12. That in all criminal prosecutions, the ac- Rights or per cused hath a right to be heard by himself and counsel; prOz cInd to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have com- pulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage; that he cannot be compelled to give evidence against himself; nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land. SEc-rioN 13. That no person shall, for any indictable of- Inrormatlon. fense, be proceeded against criminally by information, ex- cept in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or by leave of the court, for oppression or misde- meanor in office. SECTION 14. No person shall, for the same offense, be Twicee Jeoar. twice put in jeopardy of his life or limb; nor shall any d'tob=O 75 THE NE9W CONSTITUTION OF KENTUCKY. man's property be taken or applied to public use, without the consent of his representatives, and without just compen- sation being previously made to him. SzcTrIoN 15. That all courts shall be open, and every AllIcoseatobe person, for an injury done him in his lands, goods, person, open. or reputation, shall have remedy by the due course of law, and right and justice administered, without sale, denial, or delay. SEcTIox 16. That no power of suspending laws shall . =pendflaw. tbe exercised, unless by the general assembly, or its au- thority. SBCrIoN 17. That excessive bail shall not be required, Eumaivebol. nor excessive fines imposed, nor cruel punishments in- flicted. SECToI 18. That all prisoners shall be bailable by suffi- Posesrb cient securities, unless for capital offenses, when the proof b.,iabbl. is evident or presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may re- quire it. SECrioN 19. That the person of a debtor, where there is dls.r sonmo not strong presumption of fraud, shall not be continued debtors. in prison after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed by law. SECTION 20. That no ex post facto law, nor any law im- xpootfuctolaws pairing contracts, shall be made. SEcrIoN 21. That no person shall be attainted of treason Attgnldr. or felony by the general assembly. Szcrioir 22. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth. SECTION 23. That the estates of such persons as shall P labd so and destroy their own lives shall descend or vest as in case of on .tare. natural death; and if any person shall be killed by casu- alty, there shall be no forfeiture by reason thereof. Swrioi 24. That the citizens have a right, in a peace- Rightofpettion. able manner, to assemble together for their common good, and to apply to those invested with the powers of govern- ment for redress of grievances, or other proper purposes, by petition, address, or remonstrance. Szc'rio 25. That the rights of the citizens to bear arms Rlghttob.ar.,s in defense of themselves and the state, shall not be ques- tioned; but the general assembly may pass laws to prevent persons from carrying concealed arms. SCTrIoN 26. That no standing army shall, in time of tuar.kmis. peace, be kept up, without the consent of the general as- sembly; and the military shall, in all cases and at all times, be in strict subordination to the civil power. SFwroN 27. That no soldier shall, in time of peace, be ,S Iiersrnot to quartered in any house, without the consent of the owner; 06 qua red. nor in time of war, but in a manner to be prescribed by law. 76 THE NEW CONSTITUTION OF KENTUCKY. SECTION 28. That the general assembly shall not grant Nobility. ad any title of nobility, or hereditary distinction, nor create limit tiouof ofie any office, the appointment to which shall be for a longer time than for a term of years. SECrlOX 29. That emigration from the state shall not be Emigration. prohibited. SECTION 30. To guard against transgressions of the high ExceptIon out of powers which we have delegated, WVE DECLARE, that every the genera Pow- thing in this article is excepted out of the general powers of government, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this constitu- tion, shall be void. SCHEDULE. That no inconvenience may arise from the alterations and amendments made in the constitution of this common- wealth, and in order to carry the samte into complete ope- ration, it is hereby declared and ordained: SECTION 1. That all the laws of this commonwealth, in Lawsandrights force at the time of the adoption of this constitution, and continued. not inconsistent therewith, and all rights, actions, prosecu- tions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if this constitution had not been adopted. SECTioN 2. The oaths of office herein directed to be taken Oaths, by whom may be administered by any judge or justice of the peace, adminatered. until the general assembly shall otherwise direct. SECTION 3. No office shall be superseded by the adop- tion of this constitution, but the laws of the state relative be uperseded by to the duties of the several officers, legislative, executive, the doptit onof judicial, and military, shall remain in full force, though the same be contrary to this constitution, and the several duties shall be performed by the respective officers of the state, according to the existing laws, until the organization of the government, as provided for under this constitution, and the entering into office of the officers to be elected or ap- pointed under said government, and no longer. SEcTION 4. It shall be the duty of the general assembly Duty of gener I which shall convene in the year 1850, to make an appor- senhlytbat on. tionment of the representation of this state, upon the prin- veiein i.aw ciple set forth in this constitution; and until the first appor- tionment shall be made as herein directed, the apportion- ment of senators and representatives among the several districts and counties in this state, shall remain as at pres- ent fixed by law: Provided, that on the first Monday in August, 1850, all senators shall go out of office, and on that day an election for senators and representatives shall be held throughout the state, and those then elected shall hold their offices for one year, and no longer: Provided furthicr, that at the elections to be held in the year 1850, that provision in this constitution which requires voters to vote in the precinct within which they reside, shall not apply. 77 THE NEW CONiTUTION OF KENTUCKY. SECrOiN 5. All recognizances heretofore taken, or which Recognizet may be taken before the organization of the judicial de- heretofore tv.partment under this constitution, shall remain as valid as though this constitution had not been adopted, and may be prosecuted in the name of the commonwealth. All crimi- nal prosecutions and penal actions which have arisen, or may arise before the re-organization of the judicial de- partment under this constitution, may be prosecuted to judgment and execution, in the name of the common- wealth. "We, the representatives of the freemen of Kentucky, in convention assembled, in their name, and by the author- ity of the commonwealth of Kentucky, and in virtue of the powers vested in us, as delegates from the counties re- spectively affixed to our names, do ordain and proclaim the foregoing to be the constitution of the commonwealth of Kentuckv from and after this day. "Done at Frankfort this eleventh day of June, in the year of our Lord one thousand eight hundred and fifty, and in the fifty-ninth year of the commonwealth." JAMES GUTlIRIE, President of the Conventuo, and member from city of Louoiole. ArS r: TH1O. J. HIELM, Secretary of the Gonvetum. THO. D. TILFORD, Adiutant Secretary. From the county of Adair-Nathan Gaither. From the county of A/I-n-George W. Mansfield. From the county of Anderson-George XV. Kavanaugh. From the counties of Ballard and AfcCrackcn-Richard 1). Gholson. From the county of Barren-John T. Rogers, Robert D. Maupin. From the county of Bath-James M. Nesbit. From the county of Boone-Charles Chambers. From the county of Bourbon-Geo. W. Williams, Rich- ard H. Hanson. From the county of Boyle-Albert G. Talbott. From the county of Bracken-William C. Marshall. From the counties of Brcathitt and Morgan-John Hlar- gis. From the county of Brech-inridgc-Daniel J. Stephens. From the county of Byllitt-William R. Thompson. From the counties of Butler and Edmansan-Vincent S. Hav. From the county of Caldwdll-Willis B. Machen. From the counties of Calloway and AMkarshall-Edwvard Curd. From the county of Campbcll-Ira Root. From the counties of Carroll and Gallatin-John T. Rob- inson. From the counties of Carter and Lawrence-Thomas J. Hood. From the county of Casey-Jesse Coffey. 78 79 THE NEW CONSTUTION OF KvNTUCKY. From the county of Christian-John D. Morris, Ninian E. Gray. From the county of Clarke-Andrew Hood. From the counties of Clay, Ltcalwr, and Perry-James H. Garrard. From the counties of Cumberland and Clinton-Michael L. Stoner. From the county of Crittcnden-Henry R. D. Coleman. From the county of Daviess-Philip Triplett. From the counties of Estill and Owslcy-Luther Braw- ner. From the county of Fayette-James Dudley, Robert N. Wicklifl'e. From the county of Fleming-Will. W. Blair. From the counties of Floyd, Pike, and Johnson-James M. Lackey. From the county of Franklin-Thomas N. Lindsey. From the county of Grant-William Hlendrix. From the county of Graves-Richard L. Mayes. From the county of Grayson-John J. Thurman. From the county of Green-Thomas WX. Lisle. From the county of Grecrup-lHenry B. Pollard. From the county of Hardin-Thomas D. Brown, James W. Stone. From the county of Harrison-Hugh Newell, Lucius De sla. From the county of Hart-Benjamin Copelin. From the county of Henderson-Archibald Dixon. From the county of Henry-Elijah F. Nuttall. From the counties of Hickman and Fulton-Thomas James. From the county of Hopkins-WXilhiam Bradley. From the county of Jfrson-David Meriwether, X(iI- liam C. Bullitt. From the county of Jessaminc-Alexander K. Marshall. From the county of Kenton-John XW. Stevenson. From the counties of Knox and Harlan-Silas Wood- son. From the county of Larue-James P. Hamilton. From the counties of Laurcl and Rockcastle-Jonathan Ne wcum. From the county of Lcwiis-Lark-in J. Proctor. From the county of Lincoln-John L. Ballinger. From the county of Lieingston-Williarn Cowper. From the county of Logan-William K. Bowling, James W. Irwin. From the city of Louisville-James Rudd, William Pres- ton. From the county of Madison-Squire Turner, William Chenault. From the county of Marion-Green Forrest. From the county of Meason-Peter Lashbrooke, John D. Taylor. From the county of efeade-Thomas J. Gough. THE NEW CONSTITUTION OF KENTUCKY. From the county of Mercer-Thomas P. Moore. From the county of M1onroe-John S. Barlow. From the county of Mlontgonery-Richard Apperson. From the county of Muahlenbureg-Alfred M. Jackson. From the county of Nelson-Ben. Hardin, Charles A. Wickliffie. From the county of Nicholas-Benjamin F. Edwards. From the county of Owen-Howard Todd. From the counties of Ohio and Hancock-John H. Mc- Henry. From the county of Pendleton-John Wheeler. From the county of Pulaski-James D. Allcorn. From the county of Russell-Nathan McClure. From the county of Scott-William Johnson. From the county of Simpson-Beverly L. Clarke. From the county of Shelby-Andrew S. White, George W. Johnston. From the county of Spencer-Mark E. Huston. From the county of Taylo-William N. Marshall. From the county of Todd-Francis M. Bristow. From the county of Trigg-Alfred Boyd. From the county of Trimblc-Wesley J. Wright. From the county of Union-Ignatius A. Spalding. From the county of Warren-Chasteen T. Dunavan. From the county of Wayne-James S. Chrisman. From the county of Whitley-Thomas Rockhold. From the county of l'Woodford-John L. Walter. From the county of W17ashiington-Charles Cooper Kelly. INDEX TO THE NEW CONSTITUTION OF KENTUCKY. ART. SEC. PAG0. Actions pending when constitution was made, to continue (schedule) - 1 77 Appeals, court of, established - 4 1 60 to have appellate jurisdiction only- - . . . 4 2 60 judges of. term of office -4 3 60 how they may be removed 4 3 60 compensation to be fixed by law -4 3 60 composed of four judges -4 4 60 Judges of, to be chosen by districts -4 4 6U in what event the number of judges may be reduced - 4 4 60 judges of, conservators of the peace -4 5 61 If the numbedr of judges is changed, the term of office shall be ohanged 4 4 60 term of service of those first elected fixed - -4 6 61 term of service of those first electedto be determined by lot 4 6 61 who shall be styled Chief Justice 4 6 S1 how vacancy may be filled 4 7 61 who shall be eligible to the office 4 8 61 essios where held -4 9 61 flrst election held in May, 1P51- 4 10 61 judges to be commissioned by governor - - - 4 10 61 clerk of, how elected, and term of office - - - - 4 11 62 clerk of, when elected for first time 4 10 61 if held in districts, a clerk to be chosen for each district - 4 11 62 term or office reduced if number of judges reduced - - 4 11 62 clerk of, qualifications of -4 12 U vacaney is clerkshi how filled 4 13 12 when a pro Hron. clerk may be appointed - - 4 13 62 when and how special judges way be appointed - 4 10 62 Apportionment of representation (schedule) -4 77 how regulated and ascertained 2 6 52 when cities and towns may have a separate representation - 2 5 51 Arbitrations. general assembly shall pass laws to decide differencs by - - 8 15 69 Army, standing, none to be kept up is time of peace without the consent of the legislature -13 26 76 Assembly, when to convene. and where to hold sessions - - - - 2 18 54 a majority of each hoase to constitute quorum to do business - 2 19 54 a smaller number of, may adjourn and compel attendance of absent members -2 19 54 each house of, to judge of qualifications, elections, and returns of its members 2 20 54 contested elections determined by law- 2 20 54 each house of, to determine rules of its proceedings - - . 2 21 54 may punish a member for disorderly conduct - - - - 2 21 54 two-thirds may expel a member. but not second time for same cause 2 21 54 each house shall keep a journal of its proceedings, and publish the same weekly- 2 22 64 general, any two members of may require the yeas and nays - 2 22 54 neither hotse of shall adjourn for more than three days, nor to any other place without the consent of the other house - - - 2 23 55 members of. to receive three dollars per day during their attendance on, and 12t4 cents per mile for the necessary travel in going to and returning from the sessions of their respective houses - - 2 2 1 55 may be inereased or diminished, no alteration shall take effect the session it is mare -2 24 55 general, sesaion of, not to continue longer than sixty daysi, except by a vote of two third. of all the members elected to each house 2 24 55 general. members of, privileged from arrest, except for treason, felo- - ny, breach orsurety of the peace 2 25 55 not to be questioned eswherv for any speech or debate in the home 2 25 55 11 82 INDEX TO THE NEW CONSTMUTION OF KENTUCKY. ART. SEC. P aG Assembly, shall not be appointed to offices created, or whose emoluments have been increased during the terms for which they were elected, nor for one year thereafter- 2 26 55 who ineligible to -2 27 55 nO collector of public moneys eligible unless he shall have obtain- ed a quietus for amounts collected pix months previous - - 2 28 55 general, shall direct the mode of conducting and making returns of all elections of the judges and clerk or clerks of the court of ap. peals, and of determining contested elections of any of these of- ficers -4 14 62 general, shall provide for an additional judge or judges, to consti- tute a speeial court when a majority of the regular judges are dis- qualifiedto sit -4 15 62 general, may establish an additional judicial district every four years; said districts not to exceed sixteen until the population of the state shall exceed one million five hundred thousand - 4 24 63 general, shall divide each county of this commonwealth into elec- tion precincts, or delegate power so to do, to county authorities designated by law -2 5 51 shall regulate, by law, by whom and in what manner writs of elec- tion shall be issued to fill vacancies which may occur in either branch thereof -2 31 56 shall have no power to grant divorces, change the names of individ- uals, or direct the sales of estates belonging to infants; but shall confer such powrers on courts of justice -2 32 56 general, shall not pass laws to diminish the resources of the sink- ing fund, until the debt of the state shall be paid - - - 2 34 56 may contract debts not exceeding five hundred thousand dollars, to meet casual deficits or failures in the revenue, and may contract debts to repel invasions, &c. 2 35 56 general, under what circumstances may contract debts on behalf of the commonwealth 2 36 56 general, shall not change venue in any criminal or penal prosecu- tions-2 38 57 may pass laws authorizing writs of error in criminal or penal ca-es 2 39 57 shall have no power to appropriate any sum of money excee'li-g one hundred dollars, except by a vote of a majority of all the members of both houses -2 40 57 general, ,hall divide the state into twelve judicial districts 4 19 63 shall direct elections for judges in each district - - - 4 20 63 to provide fir vacancies in office -6 7 67 shall prescribe themanmer of eleetingor appointingofficers for new counties -6 8 67 may provide for election or appointment Of other county, district, mitnisterial, and executiveofficers 6 10 67 general, who ineligible t - 8 I 70 shall pass laws making it a felony for any free negro or mulatto to immigrate to this state hereafter 10 2 72 Assessor, county, to be elected-time of election and term of office--may ap- point assistants -6 11 68 subject to indictment and removal -4 36 65 Attainder, bill of, prohihited 13 21 76 shall not work corruption of blood or forfeiture, except during the life of the person attainted 13 22 76 Attorney, general, elected for a term of four years- - 3 25 commonwealth's, for each jdicial district to be elected 6 1 66 term of officesameas that of circuit juige - - - 6 1 66 cou. tty, to be elected - -6 1 66 term of office same as that of presiding judge of county court 6 1 66 subject to indictment and removal -- 4 .6 65 ineligible to legislaturc --2 27 55 at law, eligible t tde legislature --2 27 55 who may be a comnmonwealth's or county - - 6 2 66 Auditor, of Public Accoutits, elected for four years, duties prescribed by law 3 25 60 Bail, excessive, shall not be required -13 17 76 prisoners to be adc nitrem ti,, iless for capital offenses, when proof is evi3e.,t, or preumption great- 13 18 76 Bill, each, to be read o. three several days before passage, in each house, unless four-fifths dispense with the rule 2 29 55 for raising revenue, shall originate in the house of representatives 2 30 56 INDEX TO THE NEW CONBTITUTION OF KENTUCKY. 83 ART. SA. PAGE. Bill, senate may propose amendments to - - 2 30 56 no new matter to be introduced by thesenate by way of amendment - 2 30 56 before it become a law, shall be passed by both houses and approved by the governor; or if disapproved, shall be passed by a majonty of ail the mnembers elected, of both houses -3 22 59 if Lot returned by governor in ten days, unless an adjournment inter- vene, shall be a law; anid if adjournment intervene, it shall be a law unless returned within three days after the meeting of the next gene- ral assembly 3 22 59 Bribing, or treating, disqualification for certain offices -8 3 69 Cbancellor of Louisville chancery court, how and by whom elected, qualifica- tios of - - - 4 40 65 Claiis, of individuals and bodies corporate, not affected by constitution, (schedule) --1 77 Clergyman, priest, or teacher of any religious persuasion, ineligible to general a-aseiulrly - - - - - - -- - - - - - -2 27 55 Clerk, of court of appeals, to be elected - -4 11 62 term,. of office eight years, (after 1858) - -4 11 62 should the general assembly district court of appeals a clerk shall be elected for such district by the qualified voters of samne - - 4 11 62 termu of office, qualifications,, and subject to removal same as the clerk of the court of appeals- - -4 11 62 of cort of appeals to be elected by remaining districts, in case the gen- eral as-sebly directs court of appeals to hold ses ions in more than one district - -4 11 62 term of office to be six vears should number of judges be reduced 4 11 62 of court of appeals to be elected by special election in case of vacancy, to serve until the end of the term --4 13 62 jud tge of court of appeals shall have power to appoint a pro temr. 4 13 62 of court of appeals not to be elected by special election, unless the un- expired terin exceed one year --4 13 62 of court of appeals, n ho are eligible to the office of 4 12 62 of court of appeals, circuit arid county courts, subject to be removed by the c-ort of appeals - -4 39 65 of Louisville chancery court, qualifications of - - - 4 40 65 to be elected - -4 40 65 of circuit and county court to be elected - - -6 1 66 who eligible to the office of --6 2 66 county, when and how elected --6 3 67 to give bond - -6 9 67 Common-ccalth, credit of, to whom shall never be loaned or given 2 33 56 Commissioners shall be appointed by the general assembly to revise and ar- ran ge the statute laws of this commonwealth - - - 8 22 71 shail be appoiimed to prepare a code of practice for the courts of this common.wealth - - 8 22 71 shall report the result of their labors to the general assembly 8 22 71 Constable shall be elected in every justices district, jurisdiction of 6 5 67 to give band - - -6 9 67 subject to indictment and removal --4 36 65 Constitution, when inl force -- -78 mode of revising [see convention] all laws contrary thereto void 13 30 77 Contracts, law impairi ng not to be made 13 20 76 Convention, majority of all members elected within first twenty days of their regular session, may pass a law to take the sense of the people on the expediency of-12 1 73 how and when to be called 12 1 73 how-.any members to consist of 12 1 73 when to meet -12 1 73 to be authorized only by a majority of all the qualified voters of the state 12 1 73 general aembly shall provide fr ascertaining number of per- sons in the state entitled to vote for the calling, of - - - 12 1 73 to judge of election of its members, and decide contested elec- tions - -12 2 74 Coroner frr each connty to be elected, aird term of office fixed - 6 1 66 qualification of 6 2 66 when and how, elected -6 3 67 sbject to indictment and removal -4 36 65 to give bond and security 6 9 67 84 INDEX TO THE NEW CONSTITUT ON OF KENTUCKY. AST. SEC. PAGE. Courts, circuit, in each county established - - - 4 16 63 jurisdiction of, as now established - - - - - - 4 17 63 right of appeal from decisions of- - - - - - - 4 18 63 holding of shall be provided for by law when the judge is absent or inconpetent to preside- - - 4 28 64 county, to be esa blished. whom composed of - - - 4 29 64 county, Judges of elected, term of office fouryears, compensation fixed bylaw ----g4 30 64 county jurisdiction of regulated by law- -4 33 64 Lousvil-le chaneery, subject to repeal, and its jurisdiction to enlarge- meut-qualifiation of its officers --4 40 65 city court of Louisville, of Lexington, and other police courts, to re- -ain with present powver anid jurisdictions- - - 4 41 66 officers of elected, term of office and qualification fixed 4 41 66 Education, common school fu.nd deflned-1 it 1 72 to be held inviolate for the purpose of sustaining a system of com- mon schools - - - - - - - - - - 11 1 72 common school fund, interest and dividends of, and certain other sums, to be appropriatel o ily in aid of co.nnn schls-ts 11 1 72 what shall be done with balance of interest of the year 1848, and other sulms raised fort shol purpeses- 1 -- - 11 72 interest of s-bol fd Lto be paid - - - - - - 11 1 72 each county entitled to a proportion of income - 11 1 72 Elections, for representations for the several counties shall beheld at the places of holding. their respective courts, and in tbeelection precincts 2 5 51 for county not to be held in any city or town entitled to separate represenmatio- 2 5 51 contted, for governor and lieutenant governor, to be determined by the general assembly -- - 3 24 60 first uder the constituLion, for governor, lieutenant governor, &c., to be held on first Monday in August, fit - - - 3 26 60 for circuit judge, wheln held - - - - - 4 20 63 what returns of to be made to the secretary - - - - 8 14 70 by ric 'ove. except dumb persons, - - - 8 15 70 between what hours to be held -- - - - 8 70 certain contested, general assembly shall regulate trial of - - 8 24 71 returns of by proper officers to be regulated by general assembly 8 2S 71 Electors, qualifications of, a-d wtere shall vote- -2 8 53 when privileged from arrest, except fur treason, felony, breach or surety of the peace -2 9 53 qualified to vte for judges - -4 21 63 Ex post facto law not to be made - -13 20 76 Government, seat of, shall continue in Frankfort until removed by lav - - 9 71 two-thirds of all the we,.bers elected to both bouses re- q',irei to remove-9 71 Governor, term of office, when and where elected, in case of a tie, to be deter- miied by lot, as the general asse-bly m-y direct - - - 3 2 57 ineligible for four years after the expiration of his term of office 3 3 57 qualificatioms of 3 4 57 whe,, to coi..n..n ce and terminate the duties of his office 3 5 57 who shall not he - -3 6 57 compensation of - -3 7 57 military powers and privileges of - -3 8 57 shall have powver to gramit coommissions to fill vacancies 3 9 58 power. of, ti, grant remissions, reprieves, and parlos - - 3 10 58 may require information in writing from any officer of the execu- tive departuient 131 58 shall give information to the general assembly, anid recommend m eas u res - -3 1 2 58 whenl aul where may convene the general assembly, and when ad- journ the twvo ho-ses thereof --3 13 58 shall take care that the laws be faithfully executed - 3 14 58 orders, resolutions, and votes to be approvedl by- - 3 23 59 may pardon anyone who shall have participated in a duel 8 21 70 shall commission auditor, register, treasurer, president of the board of internal improveenpt, superimitendlent of public instruction, and other officers - - - - -- 71 When shall have power to fill vacancies in certain offices - - 8 26 1 I lieutenant, term of office, qualifications of, how elected - 3 15 58 INDEX TO TlE NEW CONSTITUTION OP KENTUCKY. 85 ART. SKC. PAGE. Governor, lieutenant, to be speaker of the senate 3 16 58 lieutenant, when he shall exercise the power and authority of gov- ernor -3 17 58 when aspecial eletion forshall take place -3 18 58 lieutenant,compensation of -3 19 59 Habeas corpus, not to be suspended unless in cases of rebellion or invasion 13 18 76 Impeachment, house of representatives to have sole power of - 5 1 66 in case of, s-uate to try -5 2 66 shall be on oath -5 2 66 two-thirds of, must concur to convict 5 2 66 who liable to -5 3 66 judgmenet in case of, limited -5 3 66 Internal Improvrement, president of the board of, to be elected, term of office, time and manner of election of - - - - 8 23 71 board of, nay be abolished, or the office of president thereof -8 23 71 Jailer, for each county, to be elected -6 1 66 qualifications of -6 2 66 when and how elected 6 3 67 to give bond and security -6 9 67 subject to indictment a-d removal -4 36 65 Judges, circuit, qualifications of 4 22 63 circuit, term of office fixed 4 23 63 circuiteo ntnissioned by governor-how removed - - 4 23 63 circuit, compensation of. fixed by law-4 25 64 how a vacancy in the office of circuit judge shall be filled - 4 26 44 couty court, when elected, first term of office fixed - 4 31 64 county court, qualifications of-4 32 64 subject to ildictine.nt and removal -4 36 65 Judicial, districts, when hanged -4 27 64 powver, may be vested in mayors of cities, police judges, and trus- tee s of towns -4 41 66 Justices of the Peace, to be elected, term of office,jurisdiction, and qualifica- tion1s of -4 34 64 commissioned by the governor -4 35 65 subject to iudictneic for malfeasance or misfeasance, and, upon eonvictio, to be removed - - - 4 36 63 may sit at the court of claims, and assist in laying the county levy -4 37 65 Laws, no one passed by general assembly shall relate to more than one sub- ject, to be expressed in the title 2 37 56 shall not be suspelnded unless by general assenibly, or its authority - 13 16 76 in force, not inconsistent with Lhis constitution, not to be affected there- by (schedule) -1 77 relative to certain officers, to remain in force, though contrary to this cot-stitutio-, (schedule) 3 77 Legislative power vested in general assembly 2 1 51 [see representatives, senate, and general assembly.' Militia, of whom to consist -7 1 68 certain officers of, by whom appointed-7 2 68 officers of, elected -7 3 69 Nobility, title of, shall not to be granted 13 28 77 Oath, prescribed --- - 8 1 63 to be taken by all officers and members of the bar 8 1 69 manner of, to suit conseience of deponent-t - - 8 7 69 may be administered by a judge or justice of the peace, (schedule) 2 77 Officers, civil and military, where to reside- - - - 8 11 C!) salaries of, deductions for neglect of duty made by general assem- bly-8 13 7) when to enter upon the discharge of their duties determined by the general assembly -8 17 70 security for public, how may be relieved, determined by general as- aetubly -8 19 70 86 INDEX TO TIHE NEW CONSTITUTION OF KENTUCKY. ART. SEC. PAGE. Officers for towns and cities to be elected in such manner and for such time as prescribed bylaw - - - 6 6 67 Office, right to bold any, of honor or profit forfeited by giv accepting, or carrying a challenge -8 20 70 none to be hereditary or for a longer time than a term of years - 13 28 77 none to be superseded by the adoption of this constitution, (schedule) 3 77 People, all free governments founded on authority of - - - 13 4 74 right of to alter, abolish, or reform their government - - 1 4 74 Powers, of government divided into three departments - - - 1 1 51 no person or persons of one departruent to exercise any power belong- ing to another- -- 1 2 51 Power, abolute arbitrary exists not --13 2 74 all inherent in "TOE tOr:tcr -- - 13 4 74 Process, stylc of, shall be "Ab'he Commonwealth of Kentucky" - 4 5 61 Prosec-tions bhall be carried on in name of the Comuonwualth of Kcet-ucky 4 5 61 how toc,,nelude -- 4 5 61 Punishments, cruel, shall not be inflicted- -13 17 76 Representatives, house of, a branch of legislative power - - 2 1 51 house of, tern of service of m-embers of, two years from day of general electin- 2 2 51 to be chosen on the first Monday in August every second year - - - - - - . - - - 2 3 51 qualifications of- 2 4 51 number of shall be apportioned among the ten several dis- tricts. according to the number of qualified voters itn each 2 6 52 to be apportioned as near as tn.y be among the counties, towns, and cities of each distrit- 2 6 52 riles to govern suh apportionet -2 6 52 houise of, t choose its speaker and other officers - - 2 7 53 to be electe!d under firet apportionment after the adoption of this constitution 151 -2 11 53 house of, number of members shall be one hundred - - 2 13 54 Representation separate, army city or town to be invetIed with privilege of, when wsuh city or town Latl a umber of qualified voters equal to the ratio theln fixed 2 5 51 no city or towu to be etititled to separate, unless the county in which it is ituatted shall, after separation, be entitled to oneor more representatives-2 5 51 anv city or town invested with privilege of separate, when its numbers shlll entitle it to more than one representative, shall be divided into representative districts - - - 2 5 51 sail city or town in, like manner to be divided into senatorial district.- 2 5 51 no ward or nuinicipal division to be divided into such senato- rial or representative districts unless it be necessary to equalize the elective Senatorial, ir representative districts - 2 5 51 shall be equal arid uniform in ihis eoniiioiwealih, and regu- lated by the number of qualified voters therein - - - 2 6 52 in Iled, again in 1S57, and every eighth year thereafter, an enuimeration of qualified voters to be take - - . - 2 6 52 to secure uniformity and equality of, the state shall be laid off into ten districts -2 6 52 at every apportionment of, the state shall be laid off into thirty-eight senatorial districts- - - - - 2 14 54 one senator to be eleted by each district - - 2 15 51 when a-iv citv iir town shall have a right to, may also have separate mnunicipal oorts- 4 38 65 Recognizances bcrct,!fo., taken to rc-uain valid, (schedule) 5 75 Register of the Land Offic elected for four years, duties prescribed by law - 3 25 60 Rights, equality of declared - 13 1 74 of property, before arid higbem than constitutional sanction - 13 3 74 of owner of slave to it, ani] the increase thereof 13 3 74 of pople to alter their government -13 4 74 of all mien to l berty of conleienee in matters of religion - - 13 5 74 of conscience not to be interfered with-13 5 74 civ il rot to be di imlinished or enlarged on account of religion - 13 6 75 of thie citizen to equality and freedom of elections - 13 7 75 to trial by jurv -13 8 75 freedom of the press and speeh 13 9 75 INDEX TO THE NEW CONSTITUTION OF KENTUCKY. 87 ART. SEc. PAGE. Rights, in prosecutions forlibels, to give in evidence truth of matter published, jury in such case to determine the law and the facts - - - 13 10 75 to besecure from unreasonable searches and seizures - . - - 13 11 75 when accused in criminal prosecutions, to be heard by himself and counsel -13 12 75 to demand the natnre of accusation 13 12 75 to meet witnesses face to face --13 12 75 to have compulsory process for witness.. .13 12 75 to have a speedy public trial by an impartial jury of the vicinage -- 13 12 75 to refuse to give evidere against himself13 12 5 not to be deprived of life,libertyorpropertywithoutduecourse of law 13 12 75 for any indictable offense, not to be proceeded against criminally by iliformation, except in the land or naval forces, or militia, she-n in. actual service, or by leave of court, for oppression or misdemeanor in office -13 13 75 not to be twice jeorardized for the same offense -13 14 75 property not to be taken fur public use without consent of representa- tives, and just compeusation made -13 14 75 all courts shall be op.n, and redress giv-en fur any injury, and jus- ticeadministered withoutsale, denial,or delay - - - - 13 15 76 as debtor, to be free from prison after delivering up his estate as pre- scribed by law, unless strong presumption of fraud - - 13 19 76 estate of such as destroy their own lives, shall descend or vest as in case of natural death -13 23 76 if any person be killed by casualty, no forfeiture shall accrue - 13 23 76 to assemble and petition -13 24 76 to bear arms in defefse of himself and state -13 25 76 to forbid a soldier to be quartered in his house in time of peace - 13 27 76 nor in time of war, but as rreseribed by law-13 27 76 to emigrate, not to be prohibited 13 29 77 Secretary of State, when to convene the senate - - - - 3 20 59 duties, term of office, how appointed - 3 21 59 Senate, members of, to be chosen for four years - - - - 2 10 53 shalt have power to choose its officers biennially - - 2 10 53 to be elected under first apportionment after the adoption of this con- stitution, in 1851 -- -2 11 53 members of, to be divided into two classes by lot, at the session of the general assemubly after first apportionment under this cois.ti- tution -- -2 12 53 seats of first class to be vacated at the end of two years from the day of the election, and those of the second class at the end of four 2 12 53 number of members of, shall be thirty-eight - - - - 2 13 54 qitalificationof members of - - -2 16 54 when members of, shall be elected - - - - 2 17 54 when speaker of, shall be elected, and when he shall administer the government -- -3 18 58 Sheriffs, to be elected, term of office, re-eligible for second term, ineligible for succeeding term - - -6 4 67 time of electing fixed -- - 6 4 67 qualifications of -- -6 2 66 to give bond and security -- - 6 9 67 subject to indictment and removal - - - - 4 36 55 Slaves, general assembly shall not emancipate, without owner's consent or compensation made -- -10 1 72 before emancipated, provision to be made for removal from the state - 10 1 72 emigrants may bring with them 10 1 72 laws tobepassed permitting ownersto emancipate - - - - 10 1 72 general assembly shall have power to prevent being brought into this state as merehianhise 10 1 72 imported into the United States, after 1789-general assembly may prevent being brought ilt., this state -10 1 72 owners of, to treat theni with humanity-10 1 72 may be sold for the benefit of certain owners -10 1 72 emancipated hereafter refusinig to leave the state, or having left, who shall return amid settle in this state, to be deemed guilty of felony 10 2 72 in pro-ecutioms of, for felony, no inquest by grand jury necessary - 10 3 72 in prosecutions of, for felommy, to have an impartial trial by jury 10 3 72 Suffrage, who shall be excluded from -8 4 69 free, to be supported by laws -8 4 69 88 IMDEX TO THE NEW CONSTITUTION OF KENTUCKY. AXT. SIM. PaX. Suffrage, right of, not forfeited by absence on business of this state or United States- 8 12 70 Suites against the commonwealth, general assembly to direct where and how brought - -- 8 6 69 Superintendent of Public Instruction, to be elected- - - - 11 2 73 term of office and salary to be fixed bv law 11 2 73 Surveyor, county, to be elected, and term o'f office fixed - 6 1 66 qualifications of -6 2 66 wvhe and how elected -6 3 67 to give bonl and security -6 9 67 subject to indictment and removal -4 36 55 Treason, defined- 8 2 69 who shall not be convicted of -8 2 69 Treasurer, to be elected, term of offic two years. duties of, prescribed by law 3 25 60 Treasury, money drawn from, only by appropriation- 8 5 69 Virginia, what laws of in force here -- - 8 8 69 compact with, part of constitution - - - 8 9 69 THE ARTICLES OF CONFEDERATION. IN CONGRESS, JULY 9, 1778. ARTICLES OF CONFEERATION AND PERPETAL UNION, Between the atate of New Hampshire, Massachusetta Bay, Rhode Iliand anl Pro ideue Plantations, Connecticut, New York, New Jers, Penn- syl.ania, Delaware, Marland, Virginia, North Carolina, South (,arolina, and Georgia. ARTICLE 1. The style of this confederacy shall be "TuE Joet, i,1. UNITED STATES OF AMERICA." ART. 2. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this confederation expressly delegated to the United States in congress assembled. ART. 3. The said states hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each oth- er against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever. ART. 4. 1. The better to secure and perpetuate mutual friendship and intercourse among the people of the differ- ent states in this union, the free inhabitants of each of these states (paupers, vagabonds, and fugitives from jus- tice excepted,) shall be entitled to all privileges and immu- nities of free citizens in the several states, and the people of each state shall have free ingress and regress to and from any other state, and shall enjoy therein all the privi- leges or trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof re- spectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any state, to any other state, of which the owner is an in- habitant; provided also, that no imposition, duties, or re- striction, shall be laid by any state on the property of the United States, or either of them. 2. If any person guilty of, or charged with treason, felony, or other high misdemeanor in any state, shall flee from justice, and be found in any of the United States, he shall, upon the demand of the governor or executive pow- The Articles of Confederation ahould have been printed in this volume next preceding the Constitution; but it was not decided to printthem until after a portion of the work was in prew. 12 ARTICLES OF CONFEERATION. July 0. sin. er of the state from which he fled, be delivered up and re- moved to the state having jurisdiction of his offense. 3. Full faith and credit shall be given in each of these states, to the records, acts, and judicial proceedings of the courts and magistrates of every other state. ART. 5. 1. For the more convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in congress on the first Monday in November, of every year, with a power reserv- ed to each state to recall its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the year. 2. No state shall be represented in congress by less than two, nor more than seven members: and no person shall be capable of being a delegate for more than three years, in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or any other for his bene- fit, receives any salary, fees, or emolument of any kind. 3. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the committee of these states. 4. In determining questions in the United States in congress assembled, each state shall have one vote. 5. Freedom of speech and debate in congress shall not be impeached or questioned in any court or place out of congress, and the members of congress shall be protect- ed in their persons from arrests and imprisonments during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace. ART. 6. 1. No state, without the consent of the United States in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any confer- ence, agreement, alliance, or treaty, with any king, prince, or state, nor shall any person, holding any office of profit or trust under the United States, or any of them, accept of any present, emolument, office, or title of any kind what- ever, from any king, prince, or foreign state; nor shall the United States, in congress assembled, or any of them, grant any title of nobility. 2. No two or more states shall enter into any treaty, confederation, or alliance whatever, between them, with- out the consent of the United States in congress assem- bled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue. 3. No state shall lay any imposts or duties which may interfere with any stipulations in treaties, entered into by the United States in congress assembled, with any king, prince, or state, in pursuance of any treaties already proposed by congress to the courts of France and Spain. 4. No vessels of war shall be kept up in time of peace by any state, except such number only as shall be deemed 90 ARTICLUE OF CONFEDRATION. necessary by the United States in congress assembled, for Jely S. i7M. the defense of such state, or its trade; nor shall any body of forces be kept up, by any state, in time of peace, except such number only as, in the judgment of the United States in congress assembled, shall be deemed requisite to garri- son the forts necessary for the defense of such state; but every state shall always keep up a well regulated and dis- ciplined militia, sufficiently armed and accoutred, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition, and camp equipage. 4 5. No state shall engage in any war without the con- sent of the United States in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the dan- ger is so imminent as not to admit of delay till the United States in congress assembled can be consulted; nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in congress as- sembled, and then only against the kingdom or state, and the subjects thereof, against which war has been so declar- ed, and under such regulations as shall be established by the United States in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in congress as- sembled shall determine otherwise. ART. 7. When land forces are raised by any state for the common defense, all officers of or under the rank of colonel shall be appointed by the legislature of each state respectively by whom such forces shall be raised, or in such manner as such state shall direct, and all vacancies shall be filled up by the state which first made the appoint- ment. ART. 8. All charges of war, and all other expenses that shall be incurred for the common defense or general wel- fare, and allowed by the United States in congress assem- bled, shall be defrayed out of a common treasury, which shall be supplied by the several states, in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and im- provements thereon shall be estimated, according to such mode as the United States in congress assembled shall, from time to time, direct and appoint. The taxes for pay- ing that proportion shall be laid and levied by the authori- ty and direction of the legislatures of the several states within the time agreed upon by the United States in con- gress assembled. ART. 9. 1. The United States in congress assembled shall have the sole and exclusive right and power of de- termining on peace and war, except in the cases mention- ed in the sixth article, of sending and receiving ambassa- 91 ARTICLES OF CONMFEDRATION. July D, me. dors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legis- lative power of the respective states shall be restrained from imposing such imposts and duties on foreigners as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever; of establishing rules for decid- ing in all cases what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated; of granting letters of marque and repri- sal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas; and es- tablishing courts for receiving and determining finally ap- peals in all cases of captures; provided that no member of congress shall be appointed a judge of any of the said courts. 2. The United States in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting, or that hereafter may arise between two or more states concerning boundary, jurisdiction, or any other cause whatever; w hich authority shall always be ex- ercised in the manner following: Whenever the legisla- tive or executive authority or lawful agent of any state in controversy with another, shall present a petition to con- gress, stating the matter in question, and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be di- rected to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question; but if they cannot agree, congress shall name three persons out of each of the United States and from the list of such persons each party shall alter- nately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that num- ber not less than seven nor more than nine names, as con- gress shall direct, shall, in the presence of congress, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy, so always as a major part of the judges, who shall hear the cause, shall agree in the determination: and if either par- ty shall neglect to attend at the day appointed, without showing reasons which congress shall judge sufficient, or being present, shall refuse to strike, the congress shall pro- ceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court, to be appointed in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nev- 92 ARTICLES OF CONFEDERATION. ertheless proceed to pronounce sentence or judgment, Jiy. 1w5. which shall in like manner be final and decisive; the judg- ment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress, for the security of the parties concerned: provided, that every commissioner, before he sits in judg- ment, shall take an oath, to be administered by one of the judges of the supreme or superior court of the state where the cause shall be tried, "well and truly to hear and deter- mine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward :" provided also, that no state shall be deprived of territory for the benefit of the United States. 3. All controversies concerning the private right of soil claimed under different grants of' two or more states, whose jurisdiction, as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdic- tion, shall, on the petition of either party to the congress of the United States, be finally determined, as near as may be, in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between differ- ent states. 4. The United States, in congress assembled, shall al- so have the sole and exclusive right and power of regula- ting the alloy and value of coin struck by their own au- thority, or by that of the respective states; fixing the standard of weights and measures throughout the United States; regulating the trade and managing all affairs with the Indians, not members of any of the states; provided that the legislative right of any state, within its own limits, be not infringed or violated; establishing and regulating post offices from one state to another, throughout all the United States, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said office; appointing all officers of the land forces in the service of the United States, except- ing regimental officers; appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States; making rules for the gov- ernment and regulation of the said land and naval forces, and directing their operations. 5. The United States, in congress assembled, shall have authority to appoint a committee, to sit in the recess of congress, to be denominated, "A Cornzittec of the States," and to consist of one delegate from each state; and to ap- point such other committees and civil officers as may be necessary for managing the general affairs of the United States under their direction; to appoint one of their num- ber to preside; provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, 03 ARTICLES OF CONFEERATION. July 9, 778 and to appropriate and apply the same for defraying the public expenses; to borrow money or emit bills on the credit of the United States, transmitting every half year to the respective states an account of the sums of money so borrowed or emitted; to build and equip a navy; to agree upon the number of land forces, and to make requi- sitions trom each state for its quota, in proportion to the number of white inhabitants in such state, which requisi- tion shall be binding; and thereupon the legislature of each state shall appoint the regimental officers, raise the men, and clothe, arm, and equip them, in a soldier-like manner, at the expense of the United States; and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States, in congress assembled; but if the United States, in congress assembled, shall, on consideration of circumstances, judge proper that any state should not raise men, or should raise a- smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, clothed, armed, and equipped in the same man- ner as the quota of such state, unless the legislature of such state shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise, offi- cer, clothe, arm, and equip as many of such extra number as they judge can be safely spared, and the officers and men so clothed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in congress assembled. 6. The United States, in congress assembled, shall never engage in a war, nor grant letters of marque and re- prisal in time of peace, nor enter into any treaties or al- liances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the de- fense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander-in-chief of the army or navy, unless nine states assent to the same; nor shall a question on any other point, except for adjourning from day to day, be deter- mined, unless by the votes of a majority of the United States in congress assembled. 7. The congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances, or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state, on any question, shall be entered on the journal, when it is desired by any delegate; and the delegates of a state, or 94 ARTICLE OP CONFDERATION. any of them, at his or their request, shall be furnished with July g, I77. a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the sev- eral states. Ar. 10. The committee of the states, or any nine of them, shall be authorized to execute, in the recess of con- gress, such of the powers of congress as the United States, in congress assembled, by the consent of nine states, shall, from time to time, think expedient to vest them with; pro- vided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states, in the congress of the United States assembled, is requisite. ART. 11. Canada acceding to this confederation, and joining in the measures of the United States, shall be ad- mitted into, and entitled to all the advantages of this Union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states. ART. 12. All bills of credit emitted, moneys borrowed, and debts contracted by or under the authority of congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and consid- ered as a charge against the United States, for payment and satisfaction whereof the said United States and the public faith are hereby solemnly pledged. ART. 13. Every state shall abide by the determination of the United States, in congress assembled, on all ques- tions which by this confederation are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them, unless such alteration be agreed to in a con- gress of the United States, and be afterwards confirmed by the legislature of every state. And whereas, it hath pleased the great Governor of the world to incline the hearts of the legislatures we respective- lv represent in congress to approve of, and to authorize us to ratify the said articles of confederation and perpetual union, Kniow ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that pur- pose, do, by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said articles of confedera- tion and perpetual union, and all and singular the mat- ters and things therein contained. And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States, in congress assembled, on all questions which by the said confederation are submitted to them; and that the articles thereof shall be inviolably observed by the states we respectively represent, and that the unicn shall be perpetual. In wvitness whereof, we have hereunto set our hands, in congress. 9B5 ARTICLES OF CONFEDERATION. July'. 178. Done at Philadelphia, in the state of Pennsylvania, the ninth day of July, in the year of our Lord one thousand seven hundred and seventy-eight, and in the third year of the Independence of America. On the part and behalf of the state of New Hampshire.- Josiah Bartlett, John Wentworth, jr. (August 8, 1778.) On the part and behalf of the state of Massachusetts Bay.- John Hancock, Samuel Adams, Elbridge Gerry, Francis Dana, James Lovell, Samuel Holten. On the part and behalf of the state of Rhlde Island and Providence Plantations.-William Ellery, Henry Marchant, John Collins. On the part and behalf of the state of Connecticut.-Roger Sherman, Samuel Huntington, Oliver Wolcott, Titus Hos- mer, Andrew Adams. On the part and behalf of the state of Ncew York.-James Duane, Francis Lewis,'William Duer, Gouv. Morris. On the part and behalf of the state of New Jerscy.-John Witherspoon, Nath. Scudder, (November 26, 1778.) On the part and behalf of the state of Pennsylvania.- Robert Morris, Daniel Roberdeau, Jona. Bayard Smith, William Clingan, Joseph Reed, (July 22, 1778.) On the part and bchalf of the state of Dclaware.-Thornas McKean, (February 12, 1779,) John Dickinson, (May 5, 1779,) Nicholas Van Dyke. On the part and behalf of the state of laryland.-John Hanson, (March 1, 1781,) Daniel Carroll, (March 1, 1781.) On the part and behalf of the state of Virginia.-Richard Henry Lee, John Banister, Thomas Adams, Jno. Harvie, Francis Lightfoot Lee. On the part and behalf of the state of North Carolina.- John Penn, (July 21, 1778,) Corns. Harnett, John Williams. On the part and behalf of the state of South Carolina.- Henry Laurens, William Henry Drayton, Jno. Matthews, Richard Hutson, Thos. Heyward, jr. On the part and behalf of the statc of Gcorgia.-Jno. Wal- ton, (July 24, 1778,) Edwd. Telfair, Edward Langworthy. 96 WASHINGTON'S FAREWELL ADDRESS. SEPTEMBER 17, 1796. Friends and Fellow-Citizens:- THE period for a new election of a citizen to administer September17,1706 the executive government of the United States being not far distant, and the time actually arrived when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especially as it may conduce to a more distinct expression of the public voice, that I should now apprize you of the resolution I have formed. to decline being con- sidered among the number of those out of whom a choice is to be made. I beg you, at the same time, to do me the justice to be, assured, that this resolution has not been taken without a strict regard to all the considerations appertaining to the relation which binds a dutiful citizen to his country; and that, in withdrawing the tender of service, which silence in my situation might imply, I am influenced by no dimi- nution of zeal for your future interest-no deficiency of respect for your past kindness; but am supported by a full conviction that the step is compatible with both. The acceptance of, and continuance hitherto in, the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what appeared to be your de- sire. I constantly hoped that it would have been much earlier in my power, consistently with motives which I was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to declare it to you; but mature reflection on the then perplexed and critical posture of affairs with foreign nations, and the unanimous advice of persons entitled to my confidence, impelled me to abandon the idea. I rejoice that the state of your concerns, external as well as internal, no longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety; and am pursuaded, whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove of my determination to retire. The impressions with which I first undertook the ardu- ous trust, were explained on the proper occasion. In the 13 WASHIGTON'S FAREWELL ADDRESS. Sept-snbr17, i discharge of this trust, I will only say, that I have, with good intentions, contributed toward the organization and administration of the government, the best exertions of which a very fallible judgment was capable. Not uncon- scious, in the outset, of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years ad- monishes me more and more that the shade of retirement is as necessary for me as it will be welcome. Satisfied that, if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment which is to termi- nate the career of my political life, my feelings do not permit me to suspend the deep acknowledgment of that debt of gratitude which I owe to my beloved country, for the manv honors it has conferred upon me; still more for the steadfast confidence with which it has supported me; and for the opportunities I have thence enjoyed, of manifesting my inviolable attachment, by services faithful and persevering though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it alwavs be remembered to your praise, and as an in- structive example in our annals, that under circumstances in which the passions, agitated in every direction, were liable to mislead, amid appearances sometimes dubious, vicissitudes of fortune often discouraging. in situations in which, not unfrequently, want of success has countenanc- ed the spirit of criticism, the constancy of your support was the essential prop of the efforts, and a guaranty of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to unceasing wishes, that Heaven may continue to you the choicest tokens of its beneficence; that your union and brotherly affection may be perpetual; that the free constitution, which is the work of your hands, may be sacredly maintained; that its administration, in every de- partment, may be stamped with wisdom and virtue; that, in fine, the happiness of the people of these states, under the auspices of liberty, may be made complete by so care- ful a preservation, and so prudent a use of this blessing, as williacquire to them the glory of recommending it to the applause, the affection, and adoption of every nation which is yet a stranger to it. Here, perhaps, I ought to stop; but a solicitude for your welfare, which cannot end but with my life, and the appre- hension of danger natural to that solicitude, urge me, on an occasion like the present, to offer to your solemn con- templation, and to recommend to your frequent review, some sentiments, which are the result of much reflection, of no inconsiderable observation, and which appear to me all-important to the permanency of your felicity as a peo- Os WASHINGTON'S FAREWELL ADDRkM. ple. These will be offered to you with the more freedom, spt-mberf 7,17f as you can only see in them the disinterested warnings of a parting friend who can possibly have no personal mo- tive to bias his counsel; nor can I forget as an encourage- ment to it, your indulgent reception of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of our hearts, no recommendation of mine is necessary to fortifv or confirm the attachment. The unity of government which constitutes you one people, is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence; the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee, that from diflferent causes and from different quarters, much pains will be taken, many artifices employed, to weaken, in your minds, the conviction of this truth- as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidi- ously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to vour collective and individual happiness - that you should cherish a cordial, habitual, and immovable attach- ment to it; accustoming yourselves to think and speak of it as a palladium of your political safety and prosperity; watching for its preservation with jealous anxiety ; dis- countenancing whatever may suggest even a suspicion that it can, in any event, be abandoned; and indignantly frowning upon the first dawning of every attempt to alien- ate any portion of our country from the rest, or to enfee- ble the sacred ties which now link together the various parts. For this you have every inducement of sympathy and interest. Citizens by birth or choice of a common coun- try, that country has a right to concentrate your affections. The name of American, which belongs to you in your na- tional capacity, must always exalt the just pride of patri- otism, more than any appellation derived from local dis- criminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have, in a comnmon cause, fought and triumphed to- gether; the independence and liberty you possess are the work of joint councils and joint efforts, of common dan- gers, sufferings, and success. But these considerations, however powerfully they ad- dress themselves to your sensibility, are greatly outweigh- ed by those which apply more immediately to your inter- est; here every portion of our country finds the most com- manding motives for carefully guarding and preserving the union of the whole. The north, in an unrestrained intercourse with the south, protected by the equal laws of a common govern- 99 WASHINGTON S FAREWELL ADDRE8& S.ptember17,179M ment, finds in the productions of the latter, great addition- al resources of maritime and commercial enterprise, and precious materials of manufacturing industry. The south, in the same intercourse, benefitting by the same agency of the north, sees its agriculture grow, and its commerce ex- pand. Turning partly into its own channels the seamen of the north, it finds its particular navigation invigorated; and while it contributes, in different ways, to nourish and increase the general mass of the national naviga- tion, it looks forward to the protection of a maritime strength, to which itself is unequally adapted. The east, in like intercourse with the west, in the progressive im- provment of interior communications by land and water, will more and more find a valuable vent for the com- modities which it brings from abroad, or manufactures at home. The west derives from the east supplies re- quisite to its growth and comfort; and what is perhaps of still greater consequence, it must, of necessity, owe the secure enjoyment of the indispensable outlets for its own productions, to the weight, influence, and future maritime strength of the Atlantic side of the union, directed by an indissoluble community of interest as one nation. Any other tenure by which the west can hold this essential ad- vantage, whether derived from its own separate strength, or from an apostate and unnatural connexion with any foreign power, must be intrinsically precarious. While, then, every part of our country thus feels an im- mediate and particular interest in union, all the parts combined cannot fail to find, in the united mass of means and efforts, greater strength, greater resource, proportion- ably greater security from external danger, a less frequent interruption of their peace by foreign nations; and what is of inestimable value, they must derive from union, an exemption from those broils and wars between themselves, which so frequently afflict neighboring countries, not tied together by the same government, which their own rival- ships alone would be sufficient to produce, but which op- posite foreign alliances, attachments, and intrigues, would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments, which under anv form of government, are inauspicious to liberty, and which are to be regarded as particularly hos- tile to republican liberty; in this sense it is, that your union ought to be considered as a main prop of your liberty, and that the love of the one ought to endear to you the preser- vation of the other. These considerations speak a persuasive language to every reflecting and virtuous mind, and exhibit the contin- uance of the UNION as a primary object of patriotic desire. Is there a doubt whether a common government can em- brace so large a sphere Let experience solve it. To lis- ten to mere speculation in such a case, were criminal. We are authorized to hope, that a proper organization of the whole, with the auxiliary agency of governments for 100 WASHINGTON S FAREWELL ADDRESS. the respective subdivisions, will afford a happy issue of SptemberI, I96 the experiment. It is well worth a fair and full experi- ment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there. will al- ways be reason to distrust the patriotism of those who, in any quarter, may endeavor to weaken its bands. In contemplating the causes which may disturb our union, it occurs as matter of serious concern, that any ground should have been furnished for characterizing par- ties by geographical discriminations; northern and south- ern, atlantic and western; whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts is, to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealous- ies and heart-burnings which spring from these misrepre- sentations; they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our western country have lately had a useful lesson on this head; they have seen in the negotia- tion by the executive, and in the unanimous ratification by the senate, of the treaty with Spain, and in the univer- sal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions prop- agated among them, of a policy in the general govern- ment, and in the atlantic states, unfriendly to their inter- ests, in regard to the Mississippi; they have been witnesses to the formation of two treaties: that with Great Britain, and that with Spain, which secure to them every thing they could desire in respect to our foreign relations, to- ward confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages, on the UNion by which they were procured Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren and connect them with aliens To the efficacy and permanency of your union, a gov- ernment for the whole is indispensable. No alliances, however strict, between the parts, can be an adequate sub- stitute; they must inevitably experience the infractions and interruptions which alliances, in all times, have ex- perienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a con- stitution of government better calculated than your for- mer, for an intimate union, and for the efficacious man- agement of your common concerns. This government, the offspring of your own choice, uninfluenced and un- awed, adopted upon full investigation and mature delibe- ration, completely free in its principles, in the distribution of its powers, uniting security with energy, and contain- ing within itself provision for its own amendment, has a just claim to your confidence and your support. Respect 101 WASHINGTONIX FAREWELL ADDRESS. Sieptember717i96 for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental max- ims of true liberty. The basis of our political system is, the right of the people to make and to alter their constitu- tions of government; but the constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The vcry idea of the power and the right of the people to establish government, presupposes the duty of every indi- vidual to obev the established government. All obstructions to the execution of the Jaws, all combi- nations and associations, under whatever plausible char- acter, with the real design to direct, control, counteract, or awe the regular deliberation and action of the consti- tuted authorities, are destructive of this fundamental prin- ciple, and of fatal tendency. They serve to organize fac- tion, to give it an artificial and extraordinary force, to put in the place of the delegated will of the nation, the will of party, often a small but artful and enterprising minority of the community, and according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and whole- some plans, digested by common councils, and modified by mutual interests. However combinations or associations of the above de- scription may now and then answer popular ends, they are likely, in the course of time and things, to become po- tent engines, by which cunning, ambitious, and unprinci- pled men will be enabled to subvert the power of the peo- ple, and to usurp for themselves the reins of government, destroying, afterward, the very engines which have lifted them to unjust dominion. Toward'the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular op- position to its acknowledged authority, but also that you resist with care the spirit of innovation upon its prin- ciples, however specious the pretexts. One method of assault may be, to effect, in the forms of the constitu- tion, alterations which will impair the energy of the sys- tem, and thus to undermine what cannot be directly over- thrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constit-u- tions of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opin- ion; and remember especially, that from the efficient man- agement of your common interests, in a country so exten- sive as ours, a government of as much vigor as is consis- tent with the perfect security of liberty, is indispensable. 102 WASHINGTONI8 FAREWELL ADDRESS. Liberty itself will find in such a government, with powers September 17,1 V6 properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to confine each member of society within the limits pre- scribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. I have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. This spirit, unfortunately, is inseparable from our na- ture, having its root in the strongest passions of the human mind. It exists, under different shapes, in all governments, more or less stifled, controlled, or repressed; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy. The alternate domination of one faction over another, sharpened by the spirit of revenge natural to party dis- sension, which, in different ages and countries, has per- petrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual, and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this dis- position to the purposes of his own elevation on the ruins of the public liberty. Without looking forward to an extremity of this kind, (which, nevertheless, ought not to be entirely out of sight,) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils, and en- feeble the public administration. It agitates the commu- nity with ill-founded jealousies and false alarms; kindles the animosity of one part against another, foments occa- sional riot and insurrection. It opens the door to for- eign influence and corruption, which finds a facilitated ac- cess to the government itself, through the channels of par- ty passion. Thus the policy and will of one country are subjected to the policy and will of another. There is an opinion, that parties in free countries are use- ful checks upon the administration of the government, and serve to keep alive the spirit of Liberty. This, within cer- tain limits, is probably true; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of popular character, in governments purely elective, it is a spirit not to be encouraged. From the natural tenden- cy, it is certain there will always be enough of that spirit 103 WASHNGTON'S FAREWMEL ADDREM. S'ptembe17, 179S6 for every salutary purpose. And, there being constant danger of excess, the effort ought to be, by force of' pub- lie opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a fiame, lest, instead of warming, it should consume,. It is important, likewise, that the habits of thinking in a free country should inspire caution, in those entrusted with its administration, to confine themselves within their re- spective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the pow- ers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominate in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by di- viding and distributing it into different depositories, and constituting each the guardian of the public weal against invasions of the other, has been evinced by experiments, ancient and modern; some of them in our country, and under our own eves. To preserve them, must be as neces- sary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional pow- ers be in any particular wrong, let it be corrected by an amendment in the way in which the constitution designates. But let there be no change by usurpation; for though this in one instance may be the instrument of good, it is the cus- tomary weapon by which free governments are destroyed. The precedent must always greatly overbalance in perma- nent evil, any partial or transient benefit, which the use can at any time yield. Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable sup- ports. In vain would that man claim the tribute of patri- otism, who should labor to subvert these great pillars of human happiness-these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connexion with private and public fe- licity. Let it be simply asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of in- vestigation in courts of justice And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the in- fluence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that nation- al morality can prevail in exclusion of religious principles. It is substantially true, that virtue or morality is a ne- cessary spring of popular government. The rule indeed extends with more or less force, to every species of free government. Who that is a sincere friend to it, can look 104 WAShINGTON'S FAREWELL ADDRI. with indifference upon attempts to shake the foundation Septembe 17,17 of the fabric Promote then, as an object of primary importance, in- stitutions for the general diffusion of knowledge. In pro- portion as the structure of a government gives force to public opinion, it is essential that public opinion should be enlightened. As a very important source of strength and security, cherish public credit. One method of preserving it, is to use it as sparingly as possible; avoiding occasions of ex- pense, by cultivating peace, but remembering, also, that timely disbursements to prepare for danger, frequently pre- vent much greater disbursements to repel it; avoiding, like- wise, the accumulation of debt, not only by shunning occa- sions of expense, but by vigorous exertions in time of peace, to discharge the debts which unavoidable wars have oc- casioned, not ungenerously throwing upon posterity the burden which we ourselves ought to bear. The execu- tion of these maxims belongs to your representatives, but it is necessary that public opinion should co-operate. To facilitate to them the performance of their duty, it is es- sential you should practically bear in mind, that, to- ward the payment of debts, there must be revenue; that to have revenue there must be taxes; that no taxes can be devised which are not more or less inconvenient and un- pleasant; that the intrinsic embarrassment, inseparable from the selection of the proper objects, (which is always a choice of difficulties,) ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of acquiescence in the measures for obtaining revenue, which the public exigencies may at any time dictate. Observe good faith and justice toward all nations; cul- tivate peace and harmony with all. Religion and moral- ity enjoin this conduct; and can it be that good policy does not equally enjoin it It will be worthy of a free, enlightened, and, at no distant period, a great nation to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and be- nevolence. Who can doubt that in the course of time and things the fruits of such a plan would richly repay any temporary advantages that might be lost by a steady adherence to it Can it be that Providence has connect- ed the permanent felicity of a nation with its virtue The experiment, at least, is recommended by every senti- ment which ennobles human nature. Alas! it is rendered impossible by its vices. In the execution of such a plan, nothing is more essen- tial than that permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that in the place of them, just and amicable feelings toward all should be cultivated. The nation which indulges toward another an habitual hatred or an habitual fondness, is in some degree a slave. 14 105 WASHMINGTON'S FAREWELL ADDRFES Septrb17,170 It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another dis- poses each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable when accidental or trifling occasions of dispute occur. Hence, frequent collisions and obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government con- trary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject. At oth- er times, it makes the animosity of the nation subservient to the projects of hostility, instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim. So, likewise, a passionate attachment of one nation for another, produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and the wars of the latter, without adequate inducements or justification. It leads, also, to concessions to the favorite nation of privileges denied to others, which are apt doub- ly to injure the nation making the concessions, by un- necessarily parting with what ought to have been retain- ed, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld; and it gives to ambitious, corrupt, or deluded citizens, who devote themselves to the favorite nation, fa- cility to betray or sacrifice the interests of their own coun- try without odium, sometimes even with popularity, gild- ing with the appearances of a virtuous sense of obligation to a commendable deference for public opinion, or a laud- able zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independentpatriot. How many oppor- tunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opin- ion, to influence or awe the public councils! Such an at- tachment of a small or weak nation toward a great and powerful one, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence, I conjure you to believe me, fellow-citizens, the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial, else it becomes the instrument of the very influence to be avoided, in- 106 WASHINGTON S FArEwELL ADDitm1 stead of a defense against it. Excessive partiality for septme i, i7w1 one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious, while its tools and dupes usurp the applause and confi- dence of the people to surrender their interests. The great rule of conduct for us in regard to foreign nations is, in extending our commercial relations, to have with them as little political connexion as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests which to us have none or a very remote relation. Ilence, she must be en- gaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the or- dinary combinations and collisions of her friendships or enmities. Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efficient government, the period is not far off when we may defy material injury from external annoy- ance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scru- pulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war as our interests, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation Why quit our own to stand on foreign ground Why, by.interweaving our destiny with that of any part of Eu- rope, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor, or caprice It is our true policy to steer clear of permanent allian- ces with any portion of the foreign world, so far, I mean, as we are now at libertly to do it; for let menot be understood as capable of patronizing infidelity to existing engage- ments. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat, therefore, let those engagemants be observed in their genuine sense. But in my opinion, it is unnecessary and would be unwise to extend them. Taking care always to keep ourselves by suitable estab- lishments on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emer- gencies. Harmony and liberal intercourse with all nations are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive 107 WASHINGTON'S FAREWELL ADDRES8. Septemberl7,1796 favors or preferences; consulting the natural course of things; diffusing and diversifying by gentle means the stream of commerce, but forcing nothing; establishing with powers so disposed (in order to give trade a stable course, to define the rights of our merchants, to enable the government to support them) conventional rules of in- tercourse, the best that present circumstances and natural opinion will permit, but temporary and liable to be from time to time abandoned or varied as experience and cir- cumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another-that it must pay with a portion of its inde- pendence for whatever it may accept under that charac- ter-that by such acceptance it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not hav- ing given more. There can be no greater error than to expect or calculate upon real favors from nation to na- tion. It is an illusion which experience must cure, which a just pride ought to discard. In offering to you, my countrymen, these counsels of an old affectionate friend, I dare not hope that they will make the strong and lasting impression I could wish-that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations. But if I may even flatter myself that they may be productive of some partial bene- fit, some occasional good-that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigue to guard against the im- postures of pretended patriotism-this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. low far in the discharge of my official duties I have been guided by the principles which have been delineated, the public records and the other evidences of my conduct must witness to you and to the world. To myself, the as- surance of my own conscience is, that I have at least believ- ed myself to be guided by them. In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of congress, the spirit of that measure has continually governed me, uninfluenc- ed by any attempts to deter or divert me from it. After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take, a neu- tral position. Having taken it, I determined, as far as should depend upon me, to maintain it with moderation, perseverance, and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I 108 WASHINGTON'S FAREWEL ADDRESS. will only observe, that according to my understanding of Scptcnber17,176 the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. The duty of holding a neutral conduct may be inferred, without anything more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain inviolate the relations of peace and amity toward other nations. The inducements of interest for observing that conduct, will best be referred to your own reflections and experience. With me, a predominant motive has been, to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interruption, to that degree of strength and constancy which is necessary to give it, humanly speaking,the command of its own fortunes. Though, in reviewing the incidents of my administra- tion, I am unconscious of intentional error, I am neverthe- less too sensible of my defects, not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or miti- gate the evils to which they may tend. I shall also carry with me the hope, that my country will never cease to view them with indulgence, and that, after forty-five years of my life dedicated to its service, with an upright zeal, the faults of incompetent abilities will be consigned to ob- livion, as myself must soon be to the mansions of rest. Relying on its kindness in this, as in other things, and actuated by that fervent love toward it, which is so natu- ral to a man, who views in it the native soil of himself and his progenitors, for several generations, I anticipate, with pleasing expectations, that retreat, in which I promise my- self to realize, without alloy, the sweet enjoyment of par- taking, in the midst of my fellow-citizens, the benign in- fluence of good laws under a free government, the ever fa- vorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers. GEORGE WASHINGTON. UNITED STATES, September 17th, 1796. 109 This page in the original text is blank. LAWS OF THE UNITED STATES. NATURALIZATION. CHAP. XXVIIL.-An ad to estabtish an uniform rule of Naturaliation, and to repeal the acds hereofore paaaed on that subject. Be it enacted by the Spnate and House of Reprcsentatives of Analienm.a.. the United States of America in Congress assenmbed, That Elmer citizen or any alien, being a free white person, may be admitted to Ohn United Stated. become a citizen of the United States, or any of them, on tio. I the following conditions, and not otherwise: First. That he shall have declared, on oath or affirma- To declnre on tion, before the supreme, superior, district, or circuit court oatlborsnlb rmacion of some one of the states, or of the territorial districts of suypr. cou, ror the United States, or a circuit or district court of the United r r.. .( States, three years at least before his admission, that it ti.'s.'tv3t,"fe',1 was, bona fide, his intention to become a citizen of the eroine his a..is- United States, and to renounce forever all allegiance and at fidelity to any foreign prince, potentate, state, or sovereign- -iyioe to ty whatever, and particularly, by name, the prince, poten-tate or wich he tate, state, or sovereignty whereof such alien may, at the isa subjeta. time, be a citizen or subject. Secondly. That he shall, at the time of his application To swear or ar- to be admitted, declare on oath or affirmation, before some firm that he wilt one of the courts aforesaid, that he will support the consti- atrittiott of U. S. tution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fideli- ty to every foreign prince, potentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court. Thirdly. That the court admitting such alien shall be. h. at be s-Ill satisfied that he has resided within the United States five 8. l'tates y-r!J years at least, and within the state or territory where such admi.ttedc1itiren court is at the time held, one year at least; and it shall further appear to their satisfaction, that during that time, he has behaved as a man of a good moral character, attach- shsll prove that ed to the principles of the constitution of the United States, mor hra.ctr. and well disposed to the good order and happiness of the ,bne COfitu'tido.of same: Provided, that the oath of the applicant shall, in the United States. no case, be allowed to prove his residence. Fourthly. That in case the alien, applying to be admit- Shnll renounce ted to citizenship, shall have borne any hereditary title, or every title of n been of any of the orders of nobility in the kingdom or it hld by him. state from which he came, he shall, in addition to the above requisites, make an express renunciation of his title or or- der of nobility in the court to which his application shall be made, which renunciation shall be recorded in the said court: Provided, that no alien who shall be a native citi- zen, denizen, or subject of any country, state, or sovereign with whom the United States shall be at war at the time of his application, shall be then admitted to be a citizen of the United States: Prorided, also, that any alien who was residing within the limits, and under the jurisdiction of the On whaht condig United States, before the twenty-ninth day of January, one be na-ra ize"d, thousand seven hundred and ninety-five, may be admitted LT.&ttc fdttlthhe to become a citizen, on due proof made to some one of the 29LhJanaary,1795. courts aforesaid, that he has resided two years, at least, within and under the jurisdiction of the United States, and one year, at least, immediately preceding his applica- tion, within the state or territory where such court is at the time held; and on his declaring on oath or affirmation that he will support the constitution of the United States, and that he doth absolutely and entirely renounce and ab- jure all allegiance and fidelity to any foreign prince, po- tentate, state, or sovereignty whatever, and particularly, by name, the prince, potentate, state, or sovereignty where- of he was before a citizen or subject: and moreover, on its appearing to the satisfaction of the court that during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne any hereditary title, or been of any of' the orders of nobility in the king- dom or state from which he came, on his moreover making in the court an express renunciation of his title or order of nobility, before he shall be entitled to such admission: all of which proceedings, required in this proviso to be per- be Proceedisrs to formed in the court, shall be recorded by the clerk thereof: cierk or the -ou t and provided also, that any alien who was residing with- in the limits, and under the jurisdiction of the United T0o' ',, rie States at any time between the said twenty-ninth day of siding -a the U.S. January, one thousand seven hundred and ninety-five, and hu_ ` the eighteenth day of June, one thousand seven hundred the 18th JUe, 1795 and ninety-eight, may, within two years after the passing of this act,, be admitted to become a citizen, without a compliance with the first condition above specified. Sp'. 2. Provided also. and be it further enactcd, That in Mode of natural addtio i to the directions aforesaid, all free white persons, ization prescibed being aliens, who may arrive in the United States after the Fee ,white pr pasisng of this act, shall, in order to become citizens of the ons.. s"IArn.ti United States, make registry, and obtain certificates, in the the Unitted Sates following manner, to-wit: every person desirous of being to h it.naturalized shall. if of the age of twenty-one years, make Forma of register. report of himself; or if under the age of twenty-one years, or held in service, shall be reported by his parent, guar- dian, master, or mistress, to the clerk of the district court of the district where such alien or aliens shall arrive, or to some other court of record of the United States, or of either 112 NATURALIATON. of the territorial districts of the same, or of a particular state: and such report shall ascertain the name, birth- place, age, nation, and allegiance of each alien, together with the country whence he or she migrated, and the place of his or her intended settlement: and it shall be the duty of such clerk, on receiving such report, to record the same in his office, and to grant to the person making such re- port, and to each individual concerned therein, whenever he shall be required, a certificate under his hand and seal of office of such report and registry; and for receiving and registering each report of an individual or family, he shall receive fifty cents; and for each certificate granted pursuant to this act, to an individual or family, fifty cents; and such certificate shall be exhibited to the court by every alien who may arrive in the United States, after the passing of this act, on his application to be naturalized, as evidence of the time of his arrival within the United States. Suc. 3. And whereas, doubts have arisen whether cer- W courts are tain courts of record in some of the states, are included to be considered within the description of district or circuit courts: Be it 'ur.H.L.S lens.t further enacted, that every court of record in any individu- al state, having common law jurisdiction, and a seal and clerk or prothonotary, shall be considered as a district court within the meaning of this act; and every alien who may have been naturalized in any such court, shall enjoy, from and after the passing of the act, the same rights and privileges, as if he had been naturalized in a district or circuit court of the United States. SEc. 4. And be it further enacted, That the children of Children or per- persons duly naturalized under any of the laws of the S... ..tud United States, or who, previous to the passing of any law to be citliees of on that subject, by the government of the United States, tbe United states. may have become citizens of any one of the said states, un- der the laws thereof, being under the age of twenty-one years, at the time of their parents being so naturalized or admitted to the rights of citizenship, shall, if dwelling in the United States, be considered as citizens of the United States. and the children of persons who now are, or have been citizens of the United States, shall, though born out of the limits and jurisdiction of the United States, be considered as citizens of the United States: Provided, that r r cit. the right of citizenship shall not descend to persons whose izenllp .not itx. fathers have never resided within the United States : Pro- tend to children of vided also, that no person heretofore proscribed by any neer aided in state, or who has been legally convicted of having joined Or to persons the army of Great Britain, during the late war, shall be prcubeh admitted a citizen, as aforesaid, without the consent of the legislature of the state in which such person was pro- scribed. SEC. 5. And be it further enacted, That all acts hereto- Xewalo of Orr fore passed respecting naturalization, be and the same are hereby repealed. Approved April 14, 1802. 15 113 NATURLIATON. CHAP. XLVI L-An ad in addition to ax act enited t An act to establish an uniform rule of nataralization, and to repeal the acts heretofore poased on that subject." Be it enacted by the Senate and House of Reprcsentativcs of Certain aliens the United States of America in Congress assembled, That pemitted to be- any alien, being a free white person, who was residing theUniteUdiStates within the limits and under the jurisdiction of the United ,.h. resded intUe U. Statesbetween States, at any time between the eighteenth day of June, th"o 1e s one thousand seven hundred and ninety-eight, and the ad April 14, '2 fourteenth day of April, one thousand eight hundred and two, and who has continued to reside with-in the same, may be admitted to become a citizen of the United States, without a compliance with the first condition specified in the first section of the act, entitled "An act to establish an uniform rule of naturalization: and to repeal the acts heretofore passed on that subject." SEC. 2. And be it further enacted, That-when any alien After an-aien who shall have complied with the first condition specified hall ba1 e corhn- in the first section of the said original act, and who shall wiection. M. w have pursued the directions prescribed in the second sec- dow and children .. made citizens of tion of the said act, may die, before he is actually natural- the United state. ized, the widow and children of such alien shall be consider- ed as citizens of the United States, and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law. Approved March 26,1804. CHAP. XLII.-An actfor the regulation of eamen on board the public and pri- vate rewla of the United States. SEC. 12. And be it further enacted, That no person who lt.lesldeof 5 shall arrive in the United States, from and after the time yer. in the U. S. when this act shall take effect, shall be admitted to be- necesaary to quali. fy Pa.-erso to he. come a citizen of the United States, who shall not for the some a citizn. continued term of five years next preceding his admission as aforesaid have resided within the United States, with- out being at any time during the said five years, out of the territory of the United States. Approved March 3,1813. CHAP. LXXII.-An aet toonmend theact entitled "An ad for the regulation of seamen on board the public and private vessetl of the United &State," passed the third of Alarch, eighteen handred and thirteen. Be it enacted by the Senate and House of Representativcs of Rpel of Xclse the United States of America in Congress assembled, That my-ig5-contin the last clause of the twelfth section of the act hereby re rcdd-c of S years in te y. S. amended, consisting of the following words, to-wit: "with- prpeiousito natu- out bein, at any time during the said five years out of the territory of the United States," be and the same is hereby repealed. Approved June 26, IE48. 1.4 NATURALAIO0N. CHAP. XXXVI.-An act upplementery to the ads heretofore paIed on tAe sub- jed of an uaiaJrm rkl. .J "aturaixatOAa. Be it enacted by the Senate and House of Rcpresentatives of the United States of America in Congress assembled, That P authr. persons resident within the United States, or the territo- tied toh ectacit. ries thereof, on the eighteenth day of June, in the year one 'r e-ident in the U. thousand eight hundred and twelve, who had before that st'n "jteonhe8th day made a declaration according to law, of their intentions who hbad nade to become citizens of the United States, or who by the ex- t-etlio to become isting laws of the United States, were on that day entitled 'iti.U of the U. to become citizens, without making such declaration, may be admitted to become citizens thereof, notwithstanding they shall be alien enemies, at the times and in the manner prescribed by the laws heretofore passed on that subject: Provided, that nothing herein contained shall be taken or Provim construed to interfere with or prevent the apprehension and removal, agreeably to law, of any alien enemy at any time previous to the actual naturalization of such alien. Approved July 30, 1813 CHAP. XXX[1.-An act relative to evidence in cases of naturalization. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Evidence to be the certificate of report and registry, required as evidence exh iteid x.;ii of the time of arrival in the United States, according to oot the u. utatem the second section of the act of the fourteenth of April, one thousand eight hundred and two, entitled, "an act to es- tablish an uniform rule of naturalization, and to repeal the act heretofore passed on this subject;" and also a certifi- cate from the proper clerk or prothonotary, of the decla- ration of intention, made before a court of record, and re- quired as the first condition, according to the first section of said act, shall be exhibited by every alien on his appli- cation to be admitted a citizen of the United States, in pursuance of said act, who shall have arrived within the limits, and under the jurisdiction of the United States since the eighteenth day of June, one thousand eight hun- dred and twelve, and shall each be recited at full length, in the record of the court, admitting such alien; otherwise he shall not be deemed to have complied with the condi- Ad-Wo"with. tions requisite for becoming a citizen of the United States, procedin otfts and any pretended admission of an alien, who shall have vaUdity. arrived within the limits and under the jurisdiction of the United States, since the said eighteenth day of June, one thousand eight hundred and twelve, to be a citizen after the promulgation of this act, without such recital of each certificate at full length, shall be of no validity or effect under the act aforesaid. SEC. 2. Provided, and be it enacted, That nothing herein Rightotpeo.e contained shall be construed to exclude from admission to he-etorore aetled .. . . . , .. ... in the U. States citizenship, any free white person who was residing within between the IFth the limits and under the jurisdiction of the United States ApriiiMM. at any time between the 18th day of June, one thousand 115 NATUOINTO. seven hundred and ninety-eight, and the 14th day of April, one thousand eight hundred and two, and who, hav- ing continued to reside therein without having made any declaration of intention before a court of record as afore- said, may be entitled to become a citizen of the United States according to the act of the twenty-sixth of March, one thousand eight hundred and four, entitled "an act in addition to an act, entitled 'an act to establish an uniform rule of naturalization, and to repeal the act heretofore passed on that subject."' Whenever any person without a certificate of such declaration of intention, as aforesaid, mhall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits and under the jurisdiction of the United States, before the four- Re idacn ofthe teenth day of April, one thousand eight hundred and two, c and has continued to reside within the same, or he shall not be so admitted. And the residence of the applicant within the limits and under the jurisdiction of the United States for at least five years immediately preceding the time of such application shall be proved by the oath or af- firmation of citizens of the United States,; hich citizens shall be named in the record as witnesses. And such con- C tinued residence within the limits and under the jurisdic- naaisai oIL. tion of the United States, when satisfactorily proved, and the place or places where the applicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such citizens in the record of the court admitting the applicant: otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. Approved March 22, 1816. CHAP. CLXXXVI.-An act in further additien to "An at to establish an unifor- rule of Nlturahzatio., and to repeal the acs heretofore- psaed on that Be it enacted by the Senate and House of Rcpresentatives of the UTited States of Amcrica in Congrtss asscmbled, That any alien, beng a free white person and a minor, under the age of twenty-one years, who shall have resided in the pson, d ahi United States three years next preceding his arriving at noYr. m ,ybecoma the age of twenty-one years, and who shall have continued to reside therein to the time he may make application to be admitted a citizen thereof, may, after he arrives at the age of twventy-one years, and after he shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, without having made the declaration required in the first condition of the first section of the act to which this is in addition, three years previous to his admission: Proridcd, such alien shall make the declaration required ,0v."Is- therein at the time of his or her admission; and shall fur- ther declare, on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the 116 NATURALIZATION. bona fide intention of such alien to become a citizen of the United States; and shall, in all other respects, comply with the laws in regard to naturalization. SEc. 2. And be it further enacted, That no certificates of N. _ticfi citizenship, or naturalization, heretofore obtained from any 60-hil o court of record within the United States, shall be deemed tore nbt.ine-t rfi- invalid, in consequence of an omission to comply with the 'demd W-&id. requisition of the first section of the act, entitled "an act relative to evidence in cases of naturalization," passed the twenty-second day of March, one thousand eight hun- dred and sixteen. SEC. 3. And be it further enacted, That the declaration P.,t.rti required by the firstgcondition specified in the first section qnired by the first of the act, to which this is in addition, shall, if the same rat t-hd has been bona fide made before the clerks of either of the on certain coat- courts in the said condition named, be as valid as if it hadt been made before the said courts, respectively. SEC. 4. And be it further enacted, That a declaration by Adecinraton a any alien, being a free white person, of his intended ap- intention mode 2 plication to be admitted a citizen of the United States, Zdiw.o LCba made in the manner and form prescribed in the first condi- mnmcit. tion specified in the first section of the act to which this is in addition, two years before his admission, shall be a suf- ficient compliance with said condition; any thing in the said act, or in any subsequent act, to the contrary notwvith- standing. Approved Mlay 26,1824. CHAP. CXY'I.-An act to amend te acts concernin9 naturaltzaoion. Be it enacted by the Senate and House of Rcprcsentatitcs of the United States of America in Congrcss asscmbded, That the second section of the act, entitled "an act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject," which was passed on the fourteenth day of April, one thousand eight hundred and two, and the first section of the act, entitled "an act relative to evidence in cases of naturalization," passed on the twenty-second day of March, one thousand eight hun- dred and sixteen, be and the same are hereby repealed. SEC. 2. And be it further enacted, That anv alien, being a free white person, who was residing within the limits and Ne white, per- under the jurisdiction of the United States, between the -.1j -th fourteenth day of April, one thousand eight hundred and ttec.o the two, and the eighteenth day of June, one thousand eight wIneen April 14th, hundred and twelve, and who has continued to reside with- I'e: t.o be. in the same, may be admitted to become a citizen of the c United States, without having made any previous declara- tion of his intention to become a citizen: Provided, that whenever any person, without a certificate of such decla- Proo. ration of intention, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court that the applicant was residing within the limits, and under the jurisdiction of the United 117 NATURALIZATION. NATURALIZATION.-FUGITITES FROM JUSTICE, &C. States, before the eighteenth day of June, one thousand eight hundred and twelve, and has continued to reside within the same, or he shall not be so admitted: and the residence of the applicant within the limits, and under the jurisdiction of the United States, for at least five years im- mediately preceding the time of such application, shall be proved by the oath or affirmation of citizens of the United States: which citizens shall be named in the record as witnesses; and such continued residence within the limits, and under the jurisdiction of the United States, when sat- isfactorily proved, and the place or places where the ap- plicant has resided for at least five years, as aforesaid, shall be stated and set forth, together with the names of such cit- izens, in the record of the court admitting the applicant; otherwise the same shall not entitle him to be considered and deemed a citizen of the United States. Approved May 24, 182W. FUGITIVES FROM JUSTICE AND FROM LABOR. CHAP. V I.-An act respeding fugtives fronm justice, and persons eecapinq from the serrite of their matros. 1. Be it menaced by the Sentate and House of Rpresenta- tives of the United States of America in Congress assembled, Fugitives rrom That whenever the Executive authority of any state in .pp-.edld .rd the Union, or of either of the territories north-west or accurce. south of the river Ohio, shall demand any person as a fu- gitive from justice, of the executive authority of any such state or territory to which such person shall have fled, and shall, moreover, produce the copy of an indictment found, ,8 r, anavld."il or an affidavit made before a magistrate of any state or Lbrr theo cor.n- territory as aforesaid, charging the person, so demanded, to be producd. With having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charg- ed fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and secured, and no- oti.c or the or. tice of the arrest to be given to the executive authority mak- 1. " 1, to ing such demand, or to the agent of such authority, ap- hrty..Mru''' pointed to receive the fugitive, and to cause the fugitive to demand. be delivered to such agent, when he shall appear; but if Fflgitive to h. -titeregd v bC no such agent shall appear within six months from the 0,-ieat !the exa time of the arrest, the prisoner may be discharged. And entbeappfi tr" all costs or expenses incurred in the apprehending, secur- tobe di-b-ged. ing, and transmitting such fugitive to the state or territory cd aP making such demand, shall be paid by such state or ter- ritory. 2. Andi be it further enaced, That any agent, appoint- Agent to trans. ed as aforesaid, who shall receive the fugitive into his cus- Por tbM fus;tives tody, shall be empowered to transport him or her to the 118 FUGITIVES FROM JUSTICE.-FUGITIVES FROM LABOR. state or territory from which he or she shall have fled. And if any person or persons shall, by force, set at liberty Penalty on per. or rescue the fugitive from such agent, while transporting gitive.t.lUIOI fu- as aforesaid, the person or persons, so offending, ohall, on conviction, be fined not exceeding five hundred dollars, and be imprisoned not exceeding one year. Src. 3. And be it also enacted, That when a person held to labor in any of the United States, or in either of the behad on esape territories on the north west or south of the river Ohio, under - bftona. held to the laws thereof, shall escape into any other of the said states or territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the circuit or district courts of the United States, residing or being within the state, or before any magistrate of a county, city or town corporate, ony be c resttd wherein such seizure or arrest shall be made, and up- ed...d m.y bre. proof n:,-od to pl.,e on proof to the satisfaction of such judge or magistrate, Go. wnhen- be either by oral testimony or affidavit taken before and cer- fled. tified by a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the du- ty of such judge or magistrate to give a certificate thereof to such claimant. his agent or attorney, which shall be suf- ficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled. SFc. 4. And be it further enacted, That any person who Penalty on shall knowingly and willingly obstruct or hinder such te,.ti" r.! im. claimant, his agent or attorney, in so seizing or arresting from labor. such fugitive from labor, or shall rescue such fugitive from such claimant, his agent or attorney when so arrested pur- suant to the authority herein given or declared; or shall harbor or conceal such person after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said offenses, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving moreover to the person claiming such labor or service, his right of action for or on account of the said injuries or either of them. Approved February 12,1793. FUGITIVES FROM LABOR. CHAP. LX.-An act to amend, and supplementary to, the act entitled "An act respecting fuoqitoes from jUstice, and persons escaping from the service of tdeir masters," approved February twelfth, one thousand seven hundred and ninety-three. Be it enacted by the Senate and House of Rcpresentatives of the United States of America in Congrcss assembled, That the persons who have been, or may hereafter be appoint- 119 FUGITV1E FROM LABOR. ed commissioners, in virtue of any act of congress, by the circuit courts of the United States, and who, in conse- quence of such appointment, are authorized to exercise the powers that any justice of the peace, or other magis- trate of any of the United States, may exercise in respect to offenders for any crime or offense against the United States, by arresting, imprisoning, or bailing the same un- der and by virtue of the thirty-third section of the act of the twenty-fourth of September, seventeen hundred and eighty-nine, entitled "An act to establish the judicial courts of the United States," shall be and are hereby authorized and required to exercise and discharge all the powers and duties conferred by this act. SEC. 2. And be it further enacted, That the superior court T.be appointed of each organized territory of the United States shall have by :db te the same power to appoint commissioners to take ac- knowledgments of bail and affidavits, and to take depo- sitions of witnesses in civil causes, which is now possess- ed by the circuit court of the United States; and all com- missioners who shall hereafter be appointed for such pur- poses by the superior court of any organized territory of the United States, shall possess all the powers, and exer- Powersand duties cise all the duties, conferred by law upon the commission- ers appointed by the circuit courts of the United States for similar purposes, and shall moreover exercise and dis- charge all the powers and duties conferred by this act. SEC. 3. And be it further enacted, That the circuit courts cou.ts sthorlsed of the United States, and the superior courts of each or- t ..rgh..U_ ganized territory of the United States, shall from time to sioners. time enlarge the number of commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act. SEC. 4. And be it further enacted, That the commission- Jurisdiltion Of ers above named shall have concurrent jurisdiction with commniioners the judges of the circuit and district courts of the United tb.,C Uflges-d States, in their respective circuits and districts within the shallgC1ft C'rI2ifi several states, and the judges of the superior courts of ti-esfm s-rvie. the territories, severally and collectively, in term-time and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the state or territory from which such persons may have escaped or fled. SEc. 5. And be it further enacted, That it shall be the Duty o m..rsh.ls duty of all marshals and deputy marshals to obey and ex- .od deputies. ecute all warrants and precepts issued under the provis- ions of this act, when to them directed; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction Pensityforre- thereof, be fined in the sum of one thousand dollars, to fla.in . to ex the use of such claimant, on the motion of such claimant, the Usgme. by the circuit or district court for the district of such mar- 120 FUGedVE FR0M LABORL shal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, wheth- er with or without the assent of such marshal or his depu- ty, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full of ."e f"er ' value of the service or labor of said fugitive in the state, pingaaerarreat. territory, or district whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformi- ty with the requirements of the constitution of the United States and of this act, they are hereby authorized and em- powered, within their counties respectively, to appoint, in Commssoners writing under their hands, any one or more suitable per- authorized to ap- cons, from time to time, to execute all such warrants and ' other process as may be issued by them in the lawful per- isued by them.. formance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the by-standers, or posse comitatus of the proper county, when necessary to ensure a faithful observance of the clause of the constitution referred to, in conformity with the provisions of this act; and all good citizens are hereby commanded to aid and assist in the prompt and ef- Citizeoa to rea- ficient execution of this law, whenever their services may deraid. be required, as aforesaid, for that purpose: and said war- rants shall run, and be executed by said officers, any where in the state within which they are issued. Smc. 6. And be it further enacted, That when a person F fro held to service or labor in any state or territory of the ser-ice may be e- claimed for the United States, has heretofore or shall hereafter escape in- ow.rr or author. to another state or territory of the United States, the per- rant or th. Co. son or persons to whom such service or labor may be due, Judge,'or commis or his, her, or their agent or attorney, duly authorized, by i ppre" power of attorney, in writing, acknowledged and certified under the seal of some legal officer or court of the state or territory in which the same may be executed, may pur- sue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commis- sioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or la- bor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or caus- ing such person to be taken, forthwith, before such court, judge or commissioner, whose duty it shall be to hear and udpties cot"i" determine the case of such claimant in a summary man- sIner in caues or ner; and upon satisfactory proof being made, by deposi- tion or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfacto- ry testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer au- thorized to administer an oath and take depositions under the laws of the state or territory from which such person owing service or labor may have escaped, with a certifi- 16 121 FUGkIVES FROM LABOR. cate of such magistracy or other authority, as aforesaid, with the seal of the proper court or officer thereto attach- ed, which seal shall be sufficient to establish the compe- tency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claim- ing him or her, in the state or territory from which such fugitive may have escaped as aforesaid, and that said per- son escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the state or territory in which such service or labor was due, to the state or territory in which he or she was arrested, with authority to such claimant, or his or her agent or at- torney, to use such reasonable force and restraint as may be necessarv, under the circumstances of the case, to take and remove such fugitive person back to the state or terri- tor-v whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of T.sttmonyoft- such alleged fugitive be admitted in evidence; and the Uttdiye 001 admit. certificates in this and the first [fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the state or territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court, judge, magistrate, or other person whomsoever. Sic. 7. And be it further enacted, That any person who An perso shall knowingly and willingly obstruct, hinder, or prevent kInoingly bind- such claimant, his agent or attorney, or any person or per- a oiinh, or tt.t sons lawfully assisting him, her, or them, from arresting tempwting to TCSb such a fugitive from service or labor, either with or with- oroidiotoese out process as aforesaid, or shall rescue, or attempt to or horiorng6,.hatl, t .. be fined .n.d im- rescue, such fugitive from service or labor, from the cus- psn-ed. tody of' such claimant, his or her agent or attorney, or oth- er person or persons lawfully assisting as aforesaid, when so arrested. pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to es- cape from such claimant, his agent or attorney, or other pergon or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the dis- covery and arrest of such person, after notice or know- ledge of the fact that such person was a fugitive from ser- vice or labor as aforesaid, shall, for either of said offenses,, renaltiy b he subject to a fine not exceeding one thousand dollars, and imprisoned not exceeding six months, by indictment and conviction before the district court of the United States for the district in which such offense mav have been committed, or before the proper court of criminal juris- Additional d. diction, if' committed within any one of the organized ter- .&-. ritories of the United States; and shall moreover forfeit 122 FUGGTIVM FROM LABOR2 and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, lor each fugitive so lost as aforesaid, to be recovered by ac- tion of debt, in any of the district or territorial courts aforesaid, within whose jurisdiction the said offense may have been committed. SEc. 8. And be it further enacted, That the marshals, Furoer-a.t their deputies, and the clerks of the said district and ter- ritorial courts, shall be paid, for their services, the like fees as may be allowed to them for similar services in oth- er cases; and where such services are rendered exclusive- ly in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the avant of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney; and in all cases where the proceedings are before Commas g" a commissioner, he shall be entitled to a fee of ten dol-e lars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a tee of five dollars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services inci- dent to such arrest and examination, to be paid, in either case, by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioners for the arrest and detention pFeorcvL of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each, for each person he or they may arrest and take before any such commissioner Addti. ee_ as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attend- ing at the examination, keeping the fugitive in custody, and providing him with food and lodging during his de- tention, and until the final determination of such commis- sioner; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity vwith the fees usually charged by the officers of the courts of justice within the proper dis- trict or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determination of such commissioners or not. SEc. 9. And be it further enacted, That upon affidavit Wh-enclaimant made by the claimant of such fugitive, his agent or attor- hi. gtpp, ney, after such certificate has been issued, that he has offer malinz tM reason to apprehend that such fugitive Will be rescued by Ngiti.Y x th force from his or their possession before he can be taken "' I" er beyond the limits of the state in which the arrest is made, Iw cp'w - it shall be the duty of the officer making the arrest to re- 123 4FUGITIVES FROM LAMBO. tain such fugitive in his custody, and to remove him to the state whence he fled, and there to deliver him to said claimant, his agent or attorney. And to this end, the offi- cer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require. The said officer and his as- Co rwnpuon sistants, while so employed, to receive the same compen- sation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be cer- tified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States. SEC. 10. And be it further cnactcd, That when any per- Evideonsce nr son held to service or labor in any state or territory, or in ry t o b=n u.- the District of Columbia, shall escape therefrom, the par- "_, .d "ry ty to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfac- tory proof to such court, or judge in vacation, of the es- cape aforesaid, and that the person escaping owed ser- vice or labor to such party. Whereupon the court shall cause a record to be made of the matter so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other state, territory, or district in which the person so es- caping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the produc- tion by the said party of other and further evidence if necessary, eithcr oral or by affidavit, in addition to what is contained in the said record of the identity of the per- son escaping, he or she shall be delivered up to the claim- ant. And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claim- ants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the state or territory from which he escaped: Providtd, that nothing herein con- tained shall be construed as requiring the production of a Provimo. transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law. Approved September 18, 1850. g2 AUTHENTICATION OF RECORDS. 137'The act of Congress in relation to the authentica- tion of records is incorporated in the chapter on "EvtDBciz," in this Revision of the Statutes. This page in the original text is blank. THE REVISED STATUTES OF KENTUCKY. AN ACT TO ADOPT THE REVISED STATUTES. 1. Be it enacted by the General Assembly of the Common- Take effect July wealth of Kentucky, That the following chapters of the re- . vised statutes of this commonwealth be adopted, and be- come the law of the land, and take effect on the first of July, 1852. 2. That all statutes of a general nature, whether of Other generlt this state, of Virginia, or of England, adopted prior to the first of November, 1851, other than the revised statutes adopted at the last session of the general assembly, shall stand repealed when the revised statutes take effect, except Exceptios. as follows: 1. All statutes of Virginia or this state in relation to Vac.-t lds. former appropriation of the vacant lands of the common- wealth. 2. All statutes of mere local relation to any county, city, COU.t.e-, CUte, or town, or relating to the powers, privileges, or franchise of any corporation, and all statutes in relation to the deaf and dumb asylum at Danville, and the institution for the education of the blind at Louisville. 3. All statutes in relation to the Louisville chancery Certain courts. court, Jefferson county court, or any city, town, or police court, or the officers thereof; and all statutes prescribing the terms of courts; also, the act abolishing the general court. 4. The code of practice in civil eases adopted at the Code of Practice. last session of the general assembly, so far as the sanle is consistent with the revised statutes. The provisions of such code, inconsistent with the revised statutes, are re- pealed. 5. The statutes regulating proceedings in civil, criminal, c1ivM. 5pfl. sad and penal cases, not repealed by the code of practice or the revised statutes. 3. Such repeal shall not affect any offense or act corm- no rewo ast-ti mitted or done, or any penalty or forfeiture incurred, or 'm 128 ACTIONS IN CERTAIN CASE, ALLOWED. any right established, accrued or accruing before the re- vised statutes take effect; or any prosecution, suit or pro- ceeding that may be pending, except that the proceedings hereafter shall conform, as far as practicable, to the revis- ed statutes, and except that where any penalty, forfeiture, or punishment is mitigated by those statutes, they may be applied, with the consent of the party to be affected, to any judgment thereafter pronounced. 4. The following portions of the charter of any city or town are repealed: 1. So much thereof as requires a license for or author- Town license. izes the levyig a tax upon any road wagon or other vehi- cle for the transportation of produce or merchandise, ply- in,, to or from such city or town. 2. So much thereof as may be construed to dispense 6tst licee a with a state license in any case required by the revised stat- utes. 3. So much thereof as requires a license to or authorizes Auction license a tax upon the owner of property grown or raised by him- self, or sent by the producer for sale, and sold by him-or his carrier, at auction or public outcry in any city or town. 5. The act concerning the tax on licenses to coffee- cofee-house li- houses, &c., in Louisville and Jefferson county, approved rense LOuisgit 20th March, 1851, is repealed. CHAPTER 1. ACTIONS IN CERTAIN CASES, ALLOWED. 1 1. A charge of incest, fornication, or adultery against To charge a f0 a female, shall be actionable; and in such cases the plain- myo c tb adutte- tiff shall not be held to allege or prove special damage. 2. An action for seduction may be maintained without Seduction with- any allegation or proof of the loss of service of the female, out ter.by reason of the wrongful act of the defendant. 3. If property be distrained or attached without good Wrongrful dig.- cause for suing out such distress or attachment, the owner tralt or prperty, of such property may, in an action against the party suing out the distress or attachment, recover damages for the wrongful seizure; and if the property be sold, also dama- ges for the sale thereof. In such cases, the plaintiff shall not be held to allege or prove malice on the part of the defendant. ADVERTISEMEMTS.-ARBITRATION AND AWARDS. CHAPTER II. ADVERTISEMENTS. 1. When the proprietor of any newspaper printed in circuit court may this state, desires authority to insert therein such advertise- " t WPh ments as are required by law to be published in a news- L paper, he may ap ply to the circuit court of the county in which his paper is published, and present to the court the title thereof, with the names of the printers and publishers; whereupon the court may, by order entered of record, au- thorize advertisements to be published in such paper. 2. The affidavit of the editor, printer, publisher, or Affidadt or dt. proprietor of a paper authorized to publish advertisements, ' e stating that an advertisement has been published in his paper, and the length of time it has been so published, at- tached to a copy thereof, shall be prima facie evidence that the publication wvas made as stated in the affidavit. CHAPTER III. ARBITRATION AND AWARDS. 1. All controversies which might be the subject of a What casesub- suit or action may be submitted to the decision of one or M. & B. 143. more arbitrators, or to two and their umpire, in the man- M K ner provided in this chapter. 1. Parties may make such submission by rule of any Submission by court having jurisdiction of the subject matter. V. R. 611. 2. The parties making such submission shall, where file5Y agreement there is no suit or action pending, by written agreement filed, and noted on the record, or by an entry on the record, M. & B. 1444. state what matter is submitted. 3. The rule of court shall state the time in which the Ruletoatte time. award is to be made and returned. 4. The court may enlarge the time for making and re- May be enlarged. turning an award. 2. Arbitrators and the umpire, if there be one, before Oath. they proceed to act, shall take an oath to decide the con- troversy to them submitted according to law and evidence M & B.-145. and the equity of the case, to the best of their judgment, without favor or affection; and a certificate of such oath shall be returned to court with the award. 17 129 ARBIRUATION AND AWARDS. They shall have power to examine either party on oath Prty, may e at the request of his adversary. 3. Any one of the arbitrators shall have power to issue subpra lis. subpcenas for witnesses to attend their sittings and give ev- idence touching the matters referred to thern, to which all M. & B. 145. sheriffs anti other like officers shall give obedience. Witnesses failing to attend before arbitrators at the time witnes faing and place designated, or who shall refuse to give evidence si to te;tislU. when they do attend, shall be reported to the court by the arbitrators, and proceeded against and punished as if the case had been pending in court. 4. The personal representative of a decedent, guar- Personal r. dian of an infant, committee of an idiot or lunatic, or any co-iUotee,r o trustee, may make a submission, as herein provided for, trustee. touchin, the estate of such decedent, infant, or insane per- v. R. il I. son, or in respect to which he is trustee. 1. Any such submission, so made in good faith, and the Effecttof sbmis. award made thereupon shall be binding, and entered as sian aund awraed. the judgment or decree of the court. 2. No such fiduciary shall be responsible for any loss Fiduciary not Ye- sutained by an award adverse to the interest he repre- sponSible for loss. sents, unless the same be caused by his fault or neglect. 5. If any arbitrator shall fail or refuse to act, the court Arhitrator fail may set aside the order of reference. lag. &c. 6. The arbitrators and umpire, if there be one, shall Meeting, &e. meet at such convenient times and places as may be neces- m. & B.14S. sary, (of which the parties shall have reasonable notice,) and hear such evidence as either party may adduce. Oath'. 1. They shall have power to administer oaths. 2. They shall make their award in writing, stating there- a ..rd. in the time when it is made, and sign the same. 3. When the award is made out, one copy thereof shall c(2reaer be delivered to each of the contending parties, and the tye original retun original returned to the court, on which the arbitrators shall e5 to court. cor, i.i. .e rirtrihl note the time of delivering a copy to each party. 7. If such award be made out and returned, and copies Record oawar. , delivered ten days before the term of the court next suc- t. & B. 146. ceeding such delivery, the same shall be entered of record and made the judgment or decree of the court, unless on exceptions filed the award shall be set aside. 8. No award shall be set aside for the want of form. Setting aside a- But courts of chancery shall have power over awards on N.dcB. 14. equitable principles as heretofore. h 9. Matters within the jurisdiction of a justice of the risditioin or J"U- peace may be submitted to arbitrators, by an order, rule, cu of the peace. 130 or agreement entered on his record book in the same man- m. & iDex ner, and the proceedings under it shall be the same in every respect, as are authorized and required in other courts. Either party may appeal to the circuit court from the AppeaL judgment 6f the justice on the award, as in other cases. CHAPTER IV. ATTORNEYS. ART. 1. Attorneys at Law. ART. 2. Non-resident Attorneys. ART. 3. County Court Attorneys. ART. 4. Attorney for the Commonwealth. AuT. S. Attorney General. ARTICLE I. Attorncys at Law. 1. No person shall be licensed to practice as an attor- A.erf tumres. ney at law who shall not be, at the time, twenty-one years v. R .63. old. M. R.541. No person convicted of treason or felony shall be per- G-uilty of crte, mitted to practice in any court as counsel or attorney at Me. & B.173. law. 2. Before a license shall be granted to any person to Certificte of practice as an attorney at law, he shall obtain a certificate ceracter X from the county court of the county in which he resides, that he is a person of honesty, probity, and good demean- M: itB. 511 or, which may be granted upon its own personal knowl- edge, or on evidence. 3. Upon the production of such certificate to any two only tboe qul. judges of the court of appeals, or any two circuit judges, i to be ficensd or a circuit judge and the chancellor of the Louisville m. & r.. chancery court, it shall be their duty to examine the appli- cant thoroughly, touching his qualifications as a lawyer, and if, thereupon, they believe that he is qualified to prac- tice as an attorney at law, they shall grant him a license accordingly, otherwise they shall refuse such license. 4. Any judge who shall knowingly grant a license to usde wbo rpets practice law to any person not qualified, and whom he has s'nyl ,Vitr = e- not properly examined to ascertain the fact, shall be con- a' r, sidered guilty of a high misdemeanor. 5. No person shall practice as an attorney at law in No one topre. any court until he has obtained a license to do so, and ta- i' " Most a U. 21. .4[173. 131 ATTORMgT9 ken the oath in such court enjoined by the constitution. But a person who is not a licensed attorney may attend to his own case. 6. Any person not having such license, who shall at- Pe.lty. tempt to practice law in any court, in any other than his own case, shall be liable to be presented and imprisoned, at the discretion of a petit jury. 7. When an attorney at law shall be employed to at- Liable for neg- tend to any professional business, and shall neglect to at- lect or duty. tend to the same, and his client shall, by such neglect, be M. &B. 174. damaged, or if such attorney shall attend to the business so unskillfully that his client shall be damaged, such attor- ney shall be liable to the party injured for all costs and damages he shall have sustained. 8. Upon the request of the party so injured, it shall be Commonweth the duty of the attorney for the commonwealth to institute attore-y to pro`e and prosecute his suit. If it be taken to the court of ap- peals, the attorney general shall attend to it for the party ML& d .1-4. injured. 9. An attorney who shall be employed in any profes- Torefundreapaid. sional business and receive his fee, and shall not attend to M. & B.lJ. B such business, may be sued in any court having jurisdic- tion of the amount, and made to refund the same. 10. If any attorney at law shall collect the money of Melinqent at his client, and on demand wrongfully neglect or refuse to torny...spended D entie. pay over the same, the circuit court of the county in which M. & D.18. the money may be collected, may, after notifying the at- torney to show cause against the same, suspend him from practice in any court for twelve months, and until the mo- ney shall be paid. II. Before any such motion shall be entertained, a de- X. &31.9. mand of the money shall be made of such attorney in the county of his residence, and no such proceeding shall take place unless it is commenced within two years next after the collection of the money. 12. It shall be the duty of the commonwealth's attor- commonwealth ney for the district to attend to the proceedings in the cir- attorny L. Prowe- cute m.oion cuit court under the tenth and eleventh sections, and the duty of the attorney general to attend to the same in the court of appeals. ARTICLE II. Non-resident Attorneys. Mty pr."fte1. 1. Attorneys at law of any of the United States, who .d ti. have been regularly admitted to practice in the superior 132 ATTORNEYS. courts of such states, may be admitted to practice law in any of the courts of this state. They shall be under the same responsibility for the faith- ful discharge of their duties, as are imposed on attorneys resident in this state. ARTICLE 111. County Court Attorneys. 1. Each county court attorney. shall attend all county Their dutie in courts held in his county, and shall superintend and con- "'ycoun duct all cases and business in the court, touching the rights or interests of the county. 2. He shall give the court and each of its members, the Advise public omccra when re- jailer and each of the justices and constables of his county, quired. legal advice concerning any county business within the ju- risdiction of any of them. He shall conduct suits, motions M. ; B. M. and prosecutions of every description within the jurisdic- tion of the county court, in which the county shall be inter- ested. 3. He shall attend the court of claims, and oppose the Attend court of allowance of all claims that are not legally presented, or imprpr' deiP..ds are unjust. 4. It shall be his duty to oppose the improper grant of Oppose iprep- er grant of t-er, tavern license,-and to prosecute an appeal to the circuit license. court, without security, if he thinks a license is improperly granted. 5. Ile shall attend to the prosecution of all riots, routs, Pr,,cute ll and breaches of the peace in his county, except in the cir- -eaofrioti &c., cuit court, and shall in no instance take a fee in the defense of such case, or act as counsel in any case in opposition M. & 5B.6l. to the interest of the county. 6 6. He shall oppose the wrongful alteration or discon- 0- th, -1ous; tinuance of any public road. discontinuance of 7. He shall be allowed annually, at the court of claims, H.r. pa1d. a reasonable salary out of the county levy. M. & B.169. ARTICLE iV. Attorney for the Commonwealth. 1. He shall attend each circuit court held in his dis- Toproseute ll offender in his trict, and prosecute all infractions of the criminal and penal district. laws therein, and he shall discharge all other duties assign- ed to him by law. 2. Each commonwealth's attorney shall receive annu- X5alary ally a salary of three hundred dollars, payable quarterly 133 ATTORNEYS. out of the public treasury, commencing from the time of his qualification under his commission. 3. In the absence of the comjnonwealth's attorney, at Wh.e.absent, any term, or part of a term of a circuit court in his judicial Cor to appoint a subaututc. district, the judge of such court shall appoint some suit- M. & B. i-7. able attorney to act in his place during his absence. Ile shall enter up an order making a reasonable allowance to be paid out of the public treasury to the person so appoint- ed and the samie shall be deducted from the annual salary of the commonwealth's attorney; a copy of which order shall be forwarded by the clerk of the court to the auditor of public accounts. 4. He shall have no taxed fee in any case in which the nisfesoo1c right of trial by jury is not guarantied by law. When M. & IL S any law gives an attorney for the commonwealth a part of what is recovered in a prosecution, the part so given shall be held to be his fee in that case. ARTICLE V. Attorney General. 1. It shall be the duty of the attorney general, on the Mis duties. application of the governor, register, auditor of public ac- counts, the treasurer of the state, the president of the board &1c B. 16. of internal improvement, or of any attorney for the com- monwealth, to give such officer his opinion in writing touch- ing any of the duties of his office. 2. The attorney general shall attend to all cases in be- half of the commonwealth, in which she may be interested, in the general court, in the federal court for the district of Kentucky, or in the court of appeals. ( a ) 3. Ile shall receive for his services an annual salary of aLaxry, three hundred dollars, to be paid quarterly out of the pub- lic treasury, and he shall be allowed a taxed fee of five dol- lars in each case to which he attends in either of said courts, in which the commonwealth shall prove successful, to be taxed in the bill of costs, and collected from the opposite party. 4. It shall be the duty of the attorney general to insti- Prosecte -it tute the appropriate procedure, to coerce the payment of for the sate. all debts, dues, and demands of the commonwealth, paya- y & B. 165 ble at the state treasury, which shall not be discharged in proper time. ( a ) After this chapter was ndlsptedJ, the legislature ablt ihed the generTI court and constituted the Franklin circuit court the fiscal court of the state, and the word general should be substituted by the words Franklin circuit 134 ATONES 5. In all cases which have or may be decided by any writsor eor. of the inferior courts against the interest of the common- wealth, it shall be lawful for the attorney general to prose- cute a writ of error to the court of appeals, which he may do without security. 6. Ile shall, when requested by any of the executive Topmrebonds,. 2 ticd. Ea publicoftii- or state officers, prepare proper drafts of contracts, obli- e,.b. gations, and other instruments of writing, which may be x. y. B. -,9-po. wanted for the public use. CHAPTER V. AUDITOR. ART. 1. Auditor, his Assistant and Clerks, appointment and du- tics of. ART. 2. Auditor's duties in relation to the Sinking, Internal Im- provement, and School Funds. ARTICLE I. Auditor, his Assistant and Clcrkv, appointment and duties of. 1. No person shall be elected or appointed auditor of Qu1icaflons public accounts unless he be a citizen of the United States, at least twenty-four years of age, nor unless he has resid- ed within the state of Kentucky two years next preceding his election or appointment. 2. The auditor shall enter upon the duties of his office When to entr on the first Monday in January next succeeding his elec- upon duti- tion or aappointment; he shall, on or before that day, take the oaths of office, and execute bond to the commonwealth, Bond and oath. with surety worth at the time, jointly or separately, one hundred thousand dollars, to be approved by the governor, and filed in the office of secretary of state, for the faithful discharge of the duties of his office; upon which, for any breach thereof, suit may be instituted from time to time, and recovery had to the extent of the damages sustained bv the commonwealth or by others. If any appointment of auditor be made by the governor under the 26th section of the 8th article of the constitution, he shall, upon the ex- ecution of bond and taking the oaths of office, forthwith enter on the discharge of the duties of his office. 3. The auditor shall receive an annual salary of two t. thousand dollars, payable quarterly at the treasury up- on the requisition of the governor. Ile shall have pow- 135 AUDITOR. AaiatantClerko, er to appoint one assistant, whose salary shall be nine &'. hundred dollars per annum, and the further sum of one A. iS1, 3WO. thousand nine hundred dollars per annum is hereby appro- priated to enable the auditor to appoint and pay such clerks as he may deem necessary for the discharge of the business of his office; also, one hundred dollars per annum as compensation for a porter to the treasurer and auditor, which several sums the auditor is authorized to draw, quar- terly, from the treasury. 4. The term of office of assistant auditor and clerks Terms of office shall be four years. No one shall be appointed to said of- fices who is not a citizen of the United States, and resided Mst be citizens.s in the state of Kentucky two years. They shall severally Oath and bond, take the oaths of office, and may be required by the audi- A. IN9, 10. tor to execute to him bond, with surety, for the faithful dis- charge of the duties of the office. They may be removed from office by the auditor for neglect of duty, malfeasance in office. incompetency, intemperance, idleness, or other good cause. The auditor and his sureties shall be liable on their bond for the acts of the assistant auditor and clerks of his office. 5. The auditor and his assistant shall reside and keep To reaide a.n his office at the seat of government. Upon his resignation keep offce at seat of goverunen1 t or the expiration of his term of office, he shall, with the aid of the secretary of state, make an inventory of the books, stationery, and implements belonging to the office, file the same in the office of secretary of state, and deliver the books, furniture, stationery, and implements -f office over to his successor. 6. If the auditor be absent, or for any cause is render- Assistant hen ed incapable of performing the duties of his office, or if to act asauditor. a vacancy in the office of auditor occurs, the assistant au- ditor shall perform the duties of auditor until the vacan- cy be filled, the auditor returns, oris restored to his official duties. 7. A warrant of the auditor upon the treasury shall W.aifnt. state upon its face the date, amount, and the name of the person to whom payable, and on what account, and out of what fund to be paid; and shall not be issued unless the money to pay the same has been appropriated by law. O S. The auditor shall keep a separate account of all Account oftage, taxes collected, so as to exhibit the amount collected un- balancse due, `c. der each law. Ile shall keep a correct list of all balances m. & B. 180. due by the government to individuals, and by individuals to the commonwealth, and report the same to the legisla- 13ff AUwDITORL ture at every regular session thereof; and he shall also re- port to the general assembly, when required, all and any information connected with the business of his office. 9. The auditor shall keep an account of all claims of Accounts With debt or credit which may exist between the general govern- m,,.t and other ment and this state, between this state and any other state. He shall keep an account between the commonwealth and all her civil officers whose salary or wages are payable out of the public treasury; the pay and compensation to mem- bers of the legislature and the officers thereof; such pay and allowance to be kept in separate books by the clerk of each house, certified by him, and deposited with the au- ditor. 10. He shall audit and enter in account all other de- Demandspys. mands payable at the treasury, all accounts of the collec- ble a Y. tion of the revenue or other tax, or public money, and of all public debts. All public officers or public debtors who DetZInquanto fail to render their accounts at the proper time, or to pay the money in their hands, due the commonwealth, into the . & B.- 182. public treasury, the auditor shall report to the attorney general, and cause proceedings to be instituted against them, and faithfully prosecuted, to enforce the performance of such duty and the payment of the money into the treas- ury. If, upon any such judicial procedure, it ehall appear that nothing is due the commonwealth, the defendant shall, nevertheless, pay the cost. 11. The auditor shall have power to require informa- Auditormayr. tion, on oath, from any person, party, or privy touching any qui. Wonnmtion matter relative to any account which he is required to state, audit, or settle, and may administer the oath him- M.& B.ML self, or have it done by any officer authorized to administer an oath. If a person, when required by the auditor to be sworn for such purpose, shall refuse, he shall be guilty of a misdemeanor, and fined, upon indictment and convic- tion thereof, not exceeding one hundred dollars, at the dis- cretion of the jury. 12. The auditor shall call upon the attorney general To cl upon t. for advice and counsel, whenever he shall deem it neces- advic.eneral for sary, upon all questions of doubt or difficulty connected m B. & . with his official duties. 13. HIe shall grant written permits or authority to the Grantpermitato treasurer to receive money from public officers or other tbtrUeaatertor" persons, due to the commonwealth, stating the person, the amount to be paid in, and on what account paid, and charge AUDITOR. 137 the same to the treasurer, in an appropriate book, under its proper head. 4 14. He shall so keep the accounts that they will truly xkepaccountu of and clearly exhibit the amount of all moneys paid into the tmieY.r;Y, C.tO treasury, by whom, and for what account paid; and also, in like manner, exhibit the amount of public expenditures, and each item therefor. Ile shall keep an accurate ac- count in books of all warrants and certificates by him drawn or issued, showing in due succession the date, num- ber, and amount of the warrant, for what and to whom is- sued. 15. The auditor shall, when required, furnish the gov- Forni orm-. ernor anv information in his power concerning the condi- U. 1. govelor. tion of the treasury, the state of the public finances, and such other information concerning the business of his office which the good of the public service may demand; and the books and papers of his office shall at all times be subject to the inspection of the governor. 16. The auditor, on or before the sixth day of every Rep. or igo regular sescion of the general assembly, shall faithfully re- port the annual income and expenses of the government for the two years preceding the tenth of October, of each year, in such a manner as to exhibit the sources of the income, and objects of expenditure, in detail and in the aggregate; and also an estimate of the revenue and ex- penditures for each of the succeeding two years, commenc- ing and ending the fiscal year on the 10th day of October. He shall report all deficiencies of revenue to meet the ex- penditures of government; and also a statement of all sums due the commonwealth, when, for what, and from whom due. 17. The auditor, in numbering and dating his warrants, Wsrrantstobe shall begin the 1st day of January and end the 31st of De- ..mbered ftom IUtinecexbtth J.1antay to 31st of cember, inclusive,in each year, so as to exhibit the num- Dec.m.er. ber, date, and amount of each warrant, for what issued, M.& B. eiM and to whom payable. He shall transfer the entries of such warrants into the book of general accounts, under sep- arate and distinct heads, exhibiting the total amount of is- sues for each department of the public service. 18. Warrants for the quarter Falary due to public offi- Warants for sl cers shall not be issued before the last day of March, June, "Y. September, and December. A warrant may be issued to any officer of the government for the portion of salary due for a fractional part of a quarter in which the officer shall have served. 138! COEDIOR. 19. The amount of payment of taxes into the public T--. &c_ or treasury, and the expenditures thereof, shall be kept so as ...h -ty. to exhibit truly the amount received from and expended in X. & B. 1,3. each county. 20. A book of transfers of non-residents' lands shall be Tr-,rsof n-w provided by the auditor. A non-resident who may have idema lida. conveyed his lands, which have been entered with the au- M. &B. IS. ditor for taxation, shall have the right to transfer the lands so conveyed, and have the same charged for taxes in the name of the alienee, upon the production of the legal evi- dence of conveyance. A fee of ten cents shall be paid the auditor by the person requiring the transfer for each separate tract transferred, which shall be paid into the treasury by the auditor at the end of each fiscal year. 2 21. A book shall be kept by the auditor, in which shall Treaw-s re. Ceipta. be entered all receipts by the treasurer for money paid into M. s. M the treasury within each year. 22. The auditor shall provide by contract, and fur- Papr fr public nish all the paper necessary for the public printing, for the Por. "a use of the public offices at the seat of government, and for the legislature, including ink, wafers, and all other sta- A. 1846, M tionery. 1. lie may advertise for contracts to supply the above articles, or may purchase them at private contract, as he shall deem most advantageous to the interest of the state. 2. Before he receives any paper under a public or pri- vate contract, he shall submit the same to the public print- er, or such other competent judges as he may deem neces- sary, for their approval. 3. lIe shall, in like manner, contract for the binding of Bldinsl journals, acts, and legislative reports, at the lowest price for which they can be done. le shall communicate to the legislature, at its regular sessions, copies of the contracts above, the amount and cost of paper and binding for the two fiscal years next preceding the report. 4. He shall have a sufficient number of the reports of B the auditor, treasurer, and president of the board of inter- nal improvement printed, for the use of the legislature and such public officers as are required to be furnished with them. 5. The auditor shall examine and settle the accounts of ftbll. pdueo the public printer once in each year, and report the result to the legislature. 18V AUDITOR. 140 AUDITOR. ARTTCLE ni. Auditor's duties in relation to the Sinking, Internal Improve- ment, and School Funds. 1. The auditor shall keep separate accounts of all Anditorto kSp money paid into the treasury, and all disbursements of the eparatcaccun. same on account of internal improvements, the sinking L. S3 fund, and the common school fund, and see that no part of A. 1S, 67. the ordinary revenue, not specifically devoted to said funds, shall be drawn from the treasury, and applied to the one or the other. 2. Accounts shall be kept by the auditor with all of the Acoy wj banks and other monied institutions required by law to pay byitki. tax or money into the treasury. 3. Accounts shall be kept with all turnpike road com- With turnpike panies, railroads, and other incorporations or bodies politic, in which the state may own stock, or which are required to pay a tax or money to the commonwealth. 4. The auditor and treasurer shall, once in each month, Auditors&trea-r make a settlement of the receipts and disbursements of or to nake month so ettleaxm the money at the treasury, of every description, under ap- propriate heads, and file the same with the secretary of state, whose duty it shall be to report them to the general assembly within the first ten days of each regular session. And the auditor shall, once in each month, ascertain wheth- er the money on hand in the treasury agrees with the bal- ance shown by the books of the treasurer. The result of such investigation he shall immediately report to the gov- ernor. 5. The auditor shall append to the statement made in List of acts the month of December in each year, to accompany his pendedto report biennial report, a list of the acts of the general assembly L.54. under which he has drawn his warrants for the preceding twelve months. 6. Before the auditor issues a warrant for the interest Paying interest due upon any bond of this state, made payable at the upon ObyiS. btreasury, the bond with the coupon due, shall be produced to him. The number, date, amount, and payee of said bond shall be entered in a well bound book provided for that purpose, the amount of the interest due, and to whom and when paid. The coupon shall be detached from the bond, and a receipt taken from the person to whom he has paid the interest, and to whom he has issued the warrant, specifying the time for which the interest was paid; and he shall indorse on the bond the time to which the interest has been paid; which receipt he shall preserve. Monthly reports of all such payments, exhibiting the amount paid, when and to whom paid, shall be made to the secretary of state, who shall record the same in a well bound book, and file and preserve said reports; and, within the first twelve days of each regular session, report the amount of each monthly payment to the general assembly. CHAPTER VI. BASTARDY. 1. Every child shall be deemed a bastard, within the Wbo deemed a meaning of this chapter, who shall be begotten and bo'rn bast.rd. out of lawful wedlock. N. Y. I 64L 2. Any unmarried white woman may go before a judge Ho. the fther of the county court of the county in which she has been of, to be accused. delivered of a bastard child, and accuse any person of be- M.,,B 2 ing the father of the child. Such judge shall examine V.R.52-. her under oath, and reduce her statement to writing, and sign it. 3. On such examination, if the child appear to be less Warruntto than three years old, a warrant may be issued, requiring &C. the person accused to be apprehended and brought before M.& B. 28. a judge of the county court of the county in which he may V. B. 528. be found, who shall require him to enter into a recogni- zance, with good surety, in the sum of three hundred dol- lars, to appear in the county court of the county in which the warrant issued, on the first day of the next term there- of, and to abide by and perform the judgment of said court. 4. Warrants for bastardy may be directed to and exe- Who may xe. cuted by a sheriff or constable, or, in a proper case, by the t. d, t.241.t coroner or jailer. 5. If the person accused shall refuse to give such re- Accused may be cognizance, the judge shall forthwith commit him to the committed jail of his county, there to remain until he give a recogni- m. &B.239. zance, or be otherwise discharged by due course of law. 6. Should the case be continued at any term of the v. R. 159. court, the recognizance may be respited, or a new one given, or, on the failure of the accused to give a recogni- zance, he may be committed to jail. 7. On the trial, the mother of the child may be a wit- t.otberaadpar- ness, unless she be otherwise incompetent. If the party be wrtuite.. may accused desire it, and be otherwise competent, he may be V.- I S. 141 BASTARDY. 142 BASTABDY. examined on oath; and other evidence may be adduced by either party. 8. If the finding of the jury be in favor of the defend- vr-dict and jury. ant, he shall be discharged, unless for good cause a new ffi V. R 644 trial be granted. 9. If the finding of the jury be against the defendant, Judgment. judgment shall be rendered thereon; and the court shall M..& B. "!9 make such order for the keeping, maintenance, and educa- N. Y. R. a. tion of the child as may be proper, by charging the father, annually, with such sum and for such period as may have been fixed by the verdict of the jury. 10. The person adjudged to be the father of the child HonJ to be given shall thereupon enter into bond, with good surety, to be orit .ud. co approved by the court, for paying the sum adjudged, in such installments as the court may order. In case of his M.& B. A0 failure, the court shall commit him to jail, there to remain until he shall give such bond, or pay the money, or be dis- charged as an insolvent debtor. 11. If such bond be given, and any installment shall Remedy oa bod. not be paid according to the stipulations thereof, ten days notice may be given to the party and his sureties, or either one of them, and a judgment awarded by the county court against such as are notified, for the sum, with interest and costs. 12. If a bastard child shall die, after the person ac- Death of bastard. cused has been adjudged to be its father, the father, upon M. & Lmy. paying what may be due up to the death of the child, shall be discharged from the residue of what he had been ad- judged to pay. 13. If the person adjudged to be the father of a bastard Appeai., child shall appeal, or prosecute a writ of error with a su- persedeas, from the decision of the county court, and the 5. Y. R. W. decision shall be affirmed, the sureties in the appeal or su- persedeas bond shall be liable for all the father had been adjudged to pay, and also the costs and damages on the appeal. BOATS AND NAVIGATION.1 CHAPTER VIi. BOATS AND NAVIGATION. Who entitled to lien on Boats. Liability for carrying Slaves out of the State. Compensation for taking up Boats. Navigation, and mode of running Boats to avoid collisions. 1. Except the captain, all the officers and hands, and LIn on boat. owners of hands employed on hoard a steamboat, or any ship, brig, schooner, or L-oop, shall have a lien on the boat or vessel, her engine, tackle, furnishing, and apparel, for their wages, whether contracted for or earned in or out of the state, with a preference or priority therefor over any other debt due from the owner of the boat or vessel, and over all other liens thereon. Mechanics, tradesmen, and others shall also have a like lien for work, supplies, materials, stores, and provisions, done or furnished on or towards the building, repairing, fit- ting, furnishing, or equipping the boat or vessel in this state, with a preference or priority therefor over any other debt of the owner, except to the officers and hands, and over all other liens thereafter created. When so done or furnished out of the state, there shall be a like lien there- for, which shall have precedence next after that given whie i done or furnished in this state; but if done or furnished out of the state subsequent to that done or furnished in this state, the liens shall be joint and equal. 2. A steamboat, or other vessel in the last section Boatmen-ia 1l for d..ages to named, and owner, shall also be liable to indemnify the other boat.. party injured, for any damage unlawfully done by her to any other boat, vessel, or river craft, or to any other prop- erty, through the willful or negligent conduct of her officers or crew, and for any other damage willfully or negligently committed by her officers or crewv, whilst acting for her as such. 3. A steamboat, or any other boat or vessel, shall also Topa. ro 1.- WrotigtL'. ly C., . be liable to indemnify the owner of any slave, for any eyed oLt r 'tat damage he may sustain by reason of the conveying or at- tempting to convey the slave thereon out of the state, or from one part of the state to another, without the consent, in writing, of the owner of the slave, or unless the owner or person having the rightful control of the slave be also a passenger on the boat or vessel. This section shall also 143 BOATS AND NAVIGATION. apply when the slave is taken on board of the boat or ves- ecl at any place out of this state. The captain and owner of the boat shall also be person- ally liable to the owner for such slave. The captain, or other officer of a boat or vessel, who shall permit a slave to be so carried on board thereof, or any other person employed on the boat or vessel who shall assist in secreting a slave on board, for the purpose of be- ing so carried, shall be fined not more than one thousand dollars, or imprisoned not more than six months, or both. 4. The damage sustained by the owner shall be ascer- cbancelorto a- tained in any proceeding in chancery, under the second or arj-ly. third section, by a jury impanneled in the court where the proceeding is instituted. 5. The lien given in the first section, and the liability Howllenenforced mentioned in the second and third sections, may be en- forced by attachment out of chancery, in any county where the boat or vessel may be found at the time of the issuing or service of the process. The attachment of the boat, or of any of her furniture, tackle, or apparel, taken from on board of her by the officer serving the attachment, shall stand in lieu of all service of process, or other notice, to the owner of the boat. 6. Before issuing an attachment under this chapter, Bond to be geen bond, with good surety, shall be given to the "owners of the boat," by that designation, to indemnify the owners for all damages and costs incurred thereby, if it shall appear that the attachment has been wrongfully obtained; on which bond suit mav be brought, and recovery had by any person injured by the attachment. But nothing herein shall viti- ate a bond taken in any other mode. 7. The boat, vessel, or other property attached under Boats ie., may this chapter, may be replevied by bond with good surety, to be plewld. the complainant, in a penalty to be named in the order for the attachment, conditioned to have the property attached forthcoming, if the court shall so order, or otherwise per- form the decree of the court. S. All persons having liens under this chapter against any Persons byinsg boat or vessel, may unite in a suit to enforce the same; liens -y Jo.n.- .iWt. and any person having a lien, who is not so united, may, by petition filed with leave of court, become a co-com- plainant in any suit pending to enforce a lien, without the isuing7 of any other or additional process on such petition. i 9. The liens given by this chapter shall not be enforced lien lost in one against a purchaser, without actual notice thereof, unless year. unles notice beacti-lorattah- Ruit be instituted within one year from the time the cause ed to enrollment 144 BOATS SND NAVIGATION. of action accrued, or unless notice thereof be indorsed on, or attached to, the enrollment of the boat or vessel. 10. Any person finding any boat, vessel, or water craft Bot, &c...drir, gone or going adrift, or lodged after having been adrift, in y setup any river, may take up and secure the same. He shall, X. & B.260. within six days thereafter, cause her and her contents to be viewed and valued by three housekeepers, not related to himself, who shall certify, over their signatures, a full de- scription, with the value thereof; which certificate he shall, within six days of its date, deliver to some justice of the peace of the county, who shall, within fifteen days there- after, after entering it in his stray book, deliver the same to the clerk of the county court, to be retained by him, and entered in the county stray book. 11. The taker up of such boat, vessel, or water craft, Compeation b. shall. in addition to the cost of entering the certificate of apprisement, be entitled to the following compensation: For each steam boat, ship, brig, schooner, or sloop, twenty dollars; for each horse-boat, six dollars; for each flat boat, if full, or more than half loaded, fifteen dollars; if half, or less than half loaded, ten dollars; and if unloaded, five dollars; for each barge or keel boat, loaded in whole or in part, ten dollars; if unloaded, five dollars; for each wood flat, three dollars, and ferry flat, two dollars; for each skiff, canoe or pirogue, seventy-five cents; for each raft of logs, timber, or plank, one dollar for each platform thereof. The taker up shall also be entitled to a reasonable com- pensation, by the day, to be ascertained by a justice of the county, for taking care of the same. 12. If the appraised value of the thing so taken up does whn _nd Iow not exceed two dollars, and the owner does not appear fled itrUp. within two months, from the time of taking up, and pay, or tender to the taker up what he is entitled to, the right to the thing shall vest in the taker up. If the value exceed two dollars, and the owner does not appear within the two months, and pay, or tender to the taker up what he is en- titled to, then the thing shall be delivered to some consta- ble of the county, who, after ten days' notice, by adver- tisements posted at the court house door and two other public places in the county, shall sell the same to the high- T ..d bow est bidder. The constable shall, out of the proceeds of to beolid,& pr sale, after deducting his own commission, first pay the diom . claim of the taker up, and the residue pay over, within ten dayvs, to the clerk of the county court. If the owner do, within one year from the sale, appear and establish his 19 145 BO-ITS AND NAVIGATION. claim, to the satisfaction of the clerk, the proceeds of sale shall be paid over to him, otherwise they shall be paid to the taker up. 13. Whoever, without consent of the owner, shall take Penaltyfor wrong- away any boat or vessel, shall pay the owner seven dollars, fiultkms boaL in addition to the amount of damage the boat or vessel may thereby sustain, and the costs of the owner in bring- ing her back. 14. The first and second sections of the act of 20th De- cember, 1794, entitled, "an act concerning boatmen," are repealed. 15. To avoid collision between steamboats, in a river, TMl" by wbich the following rules shall be observed: to -soid "olls 1. In ordinary stages of water, and where there is room L. 110. enough, the descending boat shall generally keep the mid- dle of the channel, and leave room for the ascending boat to pass on either side. 2. The ascending boat shal l, in all stages of water, gen- erally keep to the bar or shore nearest to her at the time of meeting another boat, until they shall have cleared each other, and shall not attempt to cross the channel in front of the descending boat, so as to endanger her by collision. 3. If there be apparent danger of collision. the descend- ing boat shall keep her position, wherever that may be at the time of meeting, stop her engine, and permit the as- cending boat to do whatever may be necessary to avoid the collision. 4. If the danger of collision be imminent, both boats shall back their engines. 5. If either boat be out of its proper position, that shall not justify the other in running against her, if by reasona- ble care and vigilance on the part of such other boat, the collision can be avoided. 6. When two boats meet in the night, in fog, or in nar- row channels, the descending boat shall keep the middle of the channel, and stop her engine until the following signals have been given and answered, and the boats have clear- ed each other: First. The ascending boat shall, as soon as the other boat is in sight and hearing, toll her bell once if she wish- es to pass on the side of the channel to her right, or twice if she wishes to pass on the left side. This signal the de- scending boat shall answver, by one stroke of the bell. If not so answered, the bell of the ascending boat shall be tolled repeatedly, at short intervals, until answered. 146 Second. If the ascending boat make no such signal in proper time, the descending boat may make it. Third. Should a signal be given, which cannot be safely complied with, a negative answer shall be immediately given, by ringing the bell five or six times, in quick succes- sio 1. Fourth. When such negative answer is given, the de- scending boat shall stop her engine, and the ascending boat reduce her speed, so as merely to keep her headway, until the boats have cleared each other. Fiflh. When a channel is too narrow to pass with safe- ty, the boat first in it shall have the preference, and the other shall wait until she has passed. But if both boats are about to enter such channel at the same time, the as- cending boat shall wait. 7. During the night, steamboats and other vessels, flat- boats, and rafts, whether fastened to the shore, anchored, or under way, shall keep a light burning, in some visible position. 16. If the collision between two boats be the result of LiUbilityorboeis mutual and equal fault, or if it cannot be ascertained which rb. two -n 1 was in fault, the loss or damage ensuing from the collision shall be apportioned between the two boats according to their relative values, exclusive of cargo. 17. It shall not be lawful for steamboats to run races, st-o-ta ot or make trial of speed with each other; and if any damage to nm r1Ies-H-a occur during any such contest, from the bursting of a boil- er or cylinder, the presumption shall be, in favor of a pas- senger, owner, or insurer of property on board, that the damage was occasioned by the misconduct of the officers of the boat. 18. It shall be the duty of the master and other officers of a steamboat carrying gunpowder as freight or cargo to wbnpowder an stow the same in some safe part of the boat, not near to any articles liable to spontaneous combustion, and where it will not be necessary to carry a light in discharging car- go. Every boat carrying gunpowder as freight or cargo, shall give notice thereof, by advertisement printed in large letters, and kept suspended or posted in some public posi- tion in the cabin, so as to be visible and easily legible at the distance of ten feet. The master or other officer in charge of a boat, who shall fail to comply with this section, shall be fined one hundred dollars, and be personally liable for all damage that may en.sue from carrying powder in the boat. 14a7 BOATS ANSD NAVIGTION. 8BOATS AND NAVIGATION. 19. Any person who shall place or keep gunpowder Pnalty for pl.- on board a steamboat, to be carried as freight or cargo, bord witbout he without giving notice thereof and obtaining the consent of the master or some other officer of the boat, shall be fined one hundred dollars, and be liable for all damage that may ensue from the carrying of the powder in the boat. 20. A printed copy of this and the last five sections of c0p1tofp-tof this chapter shall be kept visibly posted or suspended in cbapteT to be pout- ed .n abin, &.. or some public position in the cabin of every steamboat, whilst navigating the lississippi, Ohio, or other river in this state; ealtyforfilure and for failure to do the same, the master and owner, or either, shall be fined one hundred dollars for each week that the same is omitted. 21. Whoever shall erect or cause to be erected, or aid Penaltyforob- in erecting, in or across any navigable river or stream, a stntiag by dam. Ac.. naable fish dam, slope, stop-wire, or hedge, or any other obstruc- tion to the passage of fish or the navigation of such river ILdi B. wa. or stream, shall be imprisoned not less than thirty nor more than ninety days, and fined not less than ten nor more than fifty dollars. But this section shall not embrace mill-dams or bridges erected in or across navigable streams pursuant to law. 22. Every continuance of an erection or obstruction, M. & B.1. prohibited by the last section, for five days, shall be deemed a distinct offense within the same; and the persons living on either or both sides of the stream, nearest to the obstruc- tion, shall be severally liable for the continuance thereof, in the same manner as if he or they were proved guilty of making the same. 23. The several county courts of the counties through Duty and power or adjoining which runs any navigable stream, may lay it of ronaty coar in remoieg obslraU- off into precincts, and appoint an overseer for each, whose " a.il duty it shall be to cause the riffles within his precinct to be cleared out, and the trees and brush therein, at the points of islands or the bends, to be cut away and removed. The court shall allot the overseer a competent number of hands, from the laboring male tithables living nearest to his precinct, who shall be exempt from working on roads, during the year for which they are allotted to work on the stream. A copy of the appointment of the overseer, with a list of the hands assigned him, shall be made out by the clerk of the court and delivered to the sheriff, who shall deliver the same to the overseer, under the rules, and subject to 148 the fines, in relation to the same duty in regard to overseers of roads. 24. The overseer so appointed, and the hands so al- O-e & htds lotted to him, shall be subject to the same penalty for fail- Penalty, &.e ing or refusing to work, or otherwise to do their duty as such, as is prescribed for a like failure or refusal as to a highway. 25. When a navigable stream is a boundary between Dt or county two counties, their respective county courts shall desig- i'a.ubleatrmni the dividing tune nate what part of the stream shall be kept in repair by betweeneotie. each, by dividing the stream as equally asmay be between them, according to distance and amount of the work to be done. The county court first making the order for laying off precincts, shall elect which end to take, and immediately transmit a copy of that order to the court of the other county; in which order there shall be designated the limits which that county takes upon itself to work. The remain- der of the co-terninous stream, the other county shall, in like manner, work and keep in repair. But the court of the latter may, before the expiration of a year after such notice, notify the court of the former that, for the ensuing year, the two counties shall change districts; and they shall thereafter, from year to year, alternate the districts to be worked by each, until an umpire, mutually agreed up- on by the two courts, or by a circuit judge not a resident of either county, shall permanently divide and fix the re- spective districts of each; and thenceforth each shall work its district so assigned. 26. If any person shall build, erect, or place, or cause X.opier or dock t erected with. to be built, erected, or placed, or aid therein, in the Ken- Inhthe n'fivene of tucky, Green, or Barren river, within the influence of slack- gution. water, any pier, dock, wharf, or embankment, or any other kind of obstruction, so that the current or channel of the river shall be changed or affected thereby, or that the same shall form a lodgment for the accumulation of drift, sedi- ment, or deposit, that may change or affect the channel or Penalty therefor. current, he shall be fined three dollars for every day any A. 18o,49. such obstruction shall exist. 27. The president, directors, agents, and managers of Duttyoftown. every bridge now built, or which may hereafter be allowed mvig-bi stres to be built across either of those rivers, shall keep their abutments, piers, pillars, and other works free from drift and all other obstructions tending to alter or change the channel or current; and either of such persons, failing so 149 BOATS AND NAVIGATIONr. 150 BOUNDARY OF KENTUCKY. Fenaty, &c. to do, shall be fined five dollars, for every day any such drift or obstruction shall be permitted to remain, and fur- thermore liable to any person whose property may be in- jured thereby. Neither this nor the last section shall apply to works temporarily erected in the construction of a bridge, nor to works to prevent the washing away of the river bank, nor to the making of landing places which do not change or alter the current or channel. CHAPTER VIII. BOUNDARY, SOVEREIGNTY, AND JURISDICTION OF THE STATE OF KENTUCKY. ART. 1. Historical sketch of the manner the boundary was form- ed and finally fixed. ARS, 2. The seal of the Commonwealth declared. ARTICLE 1. Historical sketch of the manner the boundary was formed and finallyfi-cd. flow bodary The boundary of the state of Kentucky is to be ascer- asc.rtaimed. tained-First. By reference to the deed of cession of terri- tory north-west of the Ohio river by the commonwealth of Virginia, to the congress of the United States, dated the first day of M arch, 1784. Second. By the act of the Vir- ginia legislature, known as the "compact with Virginia," entitled, "an act concerning the erection of the district of Kentucky into an independent state," passed the 18th day of December, 1789. Third. By the act of the Virginia legislature of 1776, by which, the county of Fincastle was divided, and three additional counties established, viz: Kentucky, Washington, and Montgomery; and Fourth. By reference to arrangements made between Virginia and Kentucky, and between Kentucky and the state of Ten- nes.ee. (a) (i5) (c) M & B. 45, M6 (a) The state of Kentucky covers a portion of the territory, 2s.8 dCB-456 that under the colonial system constituted the county of Au- gusta, in Virginia. The county of Augusta was formed in 1738, in the 12th year of Georgre II, by an act of the colonial legislature, then held at the capitol in Williamsburg. For the boundary of the same, see Hening's Statutes at Large, volume 5, page 79. The legislaturc of Virginia, in the organization of coun- Wetern bout- ties on the western border of the state, prior to the act of dary. cession, never gave them a definite boundary westwardly, 4ung Jour o. In 1769, in the 10th year of George III, the county of Augus- ta was divided, and the county of Botetourt carved out of the same. For the boundary of Botetourt county, see Hening's Statutes at Large, volume 1, page 395. In 1772, in the 12th year of George III, the county of Bote- tourt was divided, and the county of Fincastle carved out of the same. For the boundary of the county of Fincastle, see Hening's Statutes at Large, volume 8, page 6 . In 1776, in the first year of the commonwealth of Virginia, the county of Fincastle was divided into the three counties, Kentucky, Washington, and Montgomery. The boundary of Kentucky, as giv- en in the act, is as follows: I"All that part thereof which lies to the south and westward of a line begginning on the Ohio, at the mouth of Great Sandy creek, and running up the same and the main and north-easterly branch thereof to the Great Laurel Rid-e or Cumn- berland Mountain, thence southwesterly along the said mountain to the line of North Carolina, shall be one distinct county, and called and known by the name of KRNTUCKY." See Hening's Statutes at Large, volume 9, page 257. 1 Litt. Laws of Ken- tucky, page 626. (b) AN ACT establishing the boundarv line between the state of Virgihia anid this Comnonwealth. AlpprovefDecember 12th, 1799.-2 Litt. '2'6. WHEREAS, Commissioners appointed by the state of Virginia and this commonwealth, did, in order to ascertain and establish the boundary line between the said states, on the fourteenth day of October last, enter into a written agreement under their hands and seals, which is in the following words, to-wit: "The commissioners for ascertaining and adjusting the bounda- ry lines between the states of Virginia and Kentucky, appointed pursuant to the act of separation between the two states, to-wit: Arebibald Stewart, General Joseph Martin and Creed Taylor, Es- quires, on the part of the former, and John Coburn, Robe rt John- son and Buckner Thruston, Esquires, on the part of the latter. having this day met at the forks of Great Sandy river, according to appointment, and taken into consideration the said act of separa- tion, have, and by these presents do unanimously agree and de- clare, that the boundary line between the said states, is and shall be and remain as followeth, to-wit: To begin at the point 'shere the Carolina, now Tennessee, line crosses the top of the Cumber- land mountain, near Cumberland Gap; thence north-eastwardly along the top, or highest part of the said Cumberland mountain, keeping between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell's and Guest's rivers, and the Pond fork of Sandv, on the east side thereof, continuing along the said top, or highest part f said mountain, crossing the road leading over the same at the Little Paint Gap, where by some it is called the Hollow mountain, and where it terminates at the west fork of Sandy, commonlv called Russell's fork; thence with a line to be run north forty-five de- grees east till it intersects the other great principal branch of San- dy, commonly called the north-eastwardly branch; thence down BOUN'DARY OF KF-TUCK[Y. 151 BOUNDARY OF RENTTCKY. but left them to be bounded by the western limits of the charter granted by the British sovereign. This deed of ces- sion, for the first time, marked the western boundary of the the said north-eastwardly branch to its junction with the main west branch, and down main Sandy to its confluence with the Ohio. And whereas doubts have heretofore prevailed which of the main branches of Sandy the act for dividing the county of Fincastle, (which is the act referred to for the line between the two states,) meant and intended that the line should run up, and locators have been led into errors in entering their land warrants; it is therefore unanimously further agreed between the said commissioners, that no land claims founded on entries within the forks of Sandy, or cast of the Cumberland mountain on the waters of Sandv, previ- ous to the first day of October, one thousand seven hundred and ninety-nine, on either side of the before mentioned line to be run from the end of the said Cumberland mountain to intersect the said main north-eastwardlv branch of Sandy, ought to be in any wise afiected by said doubts which have existed respecting the said line ; but that the said claims ought to remain valid and secure as if no such doubts had existed, or as if the said territory had been within the acknowledged limits of either state, that is to say, that all entries of land made in the offices of either state, which by this adjustment of the line falls into the other, shall be as valid as if made in the offices of that state, which by this adjustment of the line falls into the other, shall be as valid as if made in the of- fices of that state in which the land lies; and that it be recom- mended to the said states to pass mutual laws for the ratification of the said claims pursuant to the meaning and intent of this agreement between us; and that until such laws shall be passed, this instrument shall not be in force, but shall take full effect im- mediately after the passage of such laws." And whereas this commonwealth does approve of and is willing to ratify and confirm the said agreement on its part. Be it therefore enacted by the General Assemtrly, That the boun- dary line, as ascertained and described in the said agreement, is hereby ratified and confirmed; and all entries for lands made in the offices in the state of Virginia, previous to the first day of Oc- tober, 1799, lying in the forks of the Sandy or east of the Cumber- land mountain on the waters of Sandy, which by the establishment of the boundary line as aforesaid, do fall within the limits of this state, shall be as good and valid as if they had been made in the proper offices of this commonwealth. This act shall commence and be in force so soon as the state of Virinia shall, in conformity to the aforesaid agreement, on its part, pass a similar law. (c) AcT to ratify aid confirm the adjustment of the boundary line be- tLe-n this State, ad thei State of Tennessee, according to the article ,f stipalation cnt-rc'l into by tihe Commissioners appointed by both States. Approved Feb. 1t. Ih20.-Sssi. Acds, p. 922. Whereas, commissioners appointed by the state of Tennessee, with full powers to settle and adjust the boundary line between said state and this commonwealth, have entered into an agreement with commissioners appointed on the part of this state to confer with said commissioners appointed by the state of Tenncssce, 152 113 BOUNDARY OF KhNTUCKY. state. By that instrument she ceded to the United States, for the common use and benefit of all the states, Virginia inclusive, "all right, title, and claim, as well of soil as of which agreement, reduced to writing, bearing date the second day of February, one thousand eight hundred and twenty, and signed with the names, and under the seals of the commissioners ot both states, in the words and figures following, to-wit: The states of Kentucky and Tennessee, desirous of terminating the controversy which has so long subsisted between said states in relation to their common boundary, and of restoring the most per- feet good understanding and harmony between them, have, for that purpose, appointed their respective commissioners, that is to say: The state of Kentucky on her part has appointed Jno. J. C'rit- tenden and Robert Trimble; and the state of Tennessee on her part has appointed Felix Grundy and William L. Brown, who, af- ter a reciprocal communication of their respective powers, have agreed upon the following articles and stipulations: ARTICLE 1. The line of boundary and separation between the states of Ken- tucky and Tennessee, shall be as follows, to-wit: The line run by the Virginia commissioners, in the year seventeen hundred and seventy-nine, and seventeen hundred and eighty, commonly called Walker's line, as the same is reputed, understood, and acted upon bv the said states, their respective officers and citizens, from the south-eastern corner of Kentucky to the Tennessee river; thence with and up said river to the point where the line of Alexander and Munsell, run by them in the last year, under the authority of an act of the legislature of Kentucky, entitled, " An act to run the boundary line between this state and the state of Tennessee, west of the Tennessee river, approved Februarv 8th, 1819," would cross said river; and thence with the said line of Alexander and Munsell, to the termination thereof on the Mississippi river below New Madrid. ARTICLE II. It is agreed and understood, that from the point where Walker's line strikes the Tennessee river, to the point where the line of Alex- ander and Munsell would cross the same, the said Tennessee river shall be the common boundar- of said states, and subject to their common use and concurrent jurisdiction. Any island or islands in that part of the river Tennessee, which forms the common boun- dary between the two states, shall be within the exclusive juris- diction of Kentucky; but any appropriations thereof by individu- als, heretofore made under the laws of North Carolina or Tennes- see, shall be valid. ARTICLE III. Whenever the governor of either state shall deem it expedient to have the boundary between the two states, which is east of the Tennessee river, or any part thereof, run and plainly marked, he shall cause a notification thereof to be communicated to the gov- ernor of the other state, and thereupon with all convenient dis- patch, two surveyors shall be appointed for that purpose, one by 20 I BOUNDARY OF iENTUCKY. Jurisdiction, which the said commonwealth had to the terri- tory or tract of territory within the limits of the Virginia charter, situated, lying, and being to the north-west of the the governor of each state; and the surveyors so appointed shall have powerto employ a competent number of chain-carriers and assistants, and they shall ascertain, survey, and mark said line plainly and durably, having due respect to the provisions of the first article hereof; and it shall be the duty of said surveyors to make out and sign duplicate plats and reports of their surveys and proceedingls to be communicated by each surveyor to the governor of his respective state, to be deposited and preserved in the office of secretary of state, for a testimony and memorial of the bounda- ry between said states. And all cost and expense that may be incurred under the provisions of this article, and in surveying and marking said boundary line, shall be paid by said states, jointly and equally. ARTICLE IV. The claims to lands lying west of the Tennessee river, and north of Alexander's and Mlunsell's line, derived from North Carolina or Tennessee, shall be considered null and void; and claims to lands lying south of said line and west of Tennessee river, de- rived from Virginia or Kentucky, shall in like manner be considered null and void. ARTICLE V. All lands now vacant and unappropriated by any person or per- sons claiming to hold under the states of North Carolina or Ten- nessee, east of the Tennessee river, and north of the parallel of latitude thirty-six degrees thirty minutes north, shall be the proper- ly of, and subject to the disposition of the state of Kentucky, wh cb state may make all laws necessary and proper for disposing of and granting said lands, or any part thereof, and may, by her- self or officers, do any acts necessary and proper for carrying the foregoing provisions of this article into effect; and any grant or grants she may make therefor, or any part thereof, shall be re- ceived in evidence in all the courts of law and equity in the state of Tennessee, and be available to the party deriving title under the sinie; and the land referred to in this article, shall not be subject to taxation by the state of Tennessee for five years, except so far as the same may, in the meantime, be appropriated by individuals. ARTICLE VI. Claims to lands east of the Tennessee river between Walker's line and the latitude of thirty-six degrees thirty minutes north, derived from the state of Virginia in consideration of military ser- vices, shall not be prejudiced in any respect by the establishment of Walker's line; but such claims shall be considered as rightfully entered or granted, and the claimants may enter upon said lands, or assert their rights in the courts of justice without prejudice by lapse of time, or from any statute of limitations for any period prior to the settlement of the boundary between the two states ; saving, however, to the holders and occupants of conflicting claims, if any there be, the right of showing such entries or grants to be I" 165 BOUNDARY OF KENTU(KY. Ohio river." This act of cession limited the western boun- dary and jurisdiction of Virginia to the north-west bank of the Ohio river. Virginia retained the sovereign right and invalid and of no effect, or that they have paramount or superior titles to the land covered by such Virginia claims. ARTICLE VII. All private rights and interests of lands between Walker's line from the Cumberland river near the nmoutli of Obey's river to the south-eastern corner of Kentucky, at the point where the boundary line between Virginia and Kentucky intersects Walker's line on the Cumberland mountain, and the parallel of thirty-six degrees thirty minutes north latitude, heretofore derived from Virginia, North Carolina, Kentucky, or Tennessee, shall be considered as rightfully emanating from either of those states; and- the states of Kentucky and Tennessee reserve to themselves, respectively, the power of carrying into grant, claims not yet perfected; and in case of conflicting claims, if any there be, the validity of each claim shall be tested by the laws of the state from which it ema- nated, and the contest shall be decided as if each state, respective- ly, had possessed the jurisdiction and soil, and full power and right to authorize the location, survey, or grant, according to her own rules and regulations. ARTICLE VITT. It is agreed that the foregoing articles shall receive the most liberal construction for effecting the objects contemplated, and should any disagreement arise as to the interpretation, or in the execution thereof, two citizens of the United SLates, but residents of neither Kentucky nor Tennessee, shall be selected, one by the executive of each state, with power to choose an umpire in case of disagreement, whose decisions shall be final on all points to them submitted. ARTICLE II. Should any further legislative acts he requisite to effectuate the foregoing articles and stipulations, the faith of the two states is herebv pledged, that they will unite in making such provisions, and respectively pass such laws asmay be necessary to carry the same into full and complete effect. AaTICLU X. The foregoing articles and stipulations, if ratified by the legis- lature of Kentucky during their present session, shall forever be obligatory ard binding on both states, and take effect from this day. In faith whereof, we, the respective commissioners, have signed these articles, and have hereunto affixed our seals. Done In du- plicate, at Frankfort, the second day of February, one thousand eight hundred and twenty. JOHN J. CRITTENDEN, SEAL.] ROBERT TRIM BLE, SEAL. FELIX GRUNDY, SEAL. WILLIAM L. BROWN, SAw. BOUAD.RY OF anTUCKY. jurisdiction over the entire bed of the Ohio river within her chartered lines. The act establishing the county of Kentucky, above re- county of Ken ferred to, thus describes the boundary of the same: "All tKILy. that part thereof, (that is, of the county of Fincastle,) which lies to the south, and westward of a line beginning on the Ohio river, at the mouth of Great Sandy creek, antI run- ning up the samie, and the main and north-easterly branch thereof, to the great Laurel ridge, or Cumberland mouln- tain, and thence south-westerly along the said mountain to the line of North Carolina." This boundary constituted mapsut, what was the district of Kentucky on the 18th of Decem- ber, 1789, as linited on the north-western boundary by the act of cession by Virginia to the United States, in 1784. What wvas the main and north-easterly branch of Great Sandy, and what was the particular line of the great Lau- rel ridge, or Cumnberland mountains, subsequent to the ad- mission of Kentucky into the union as an independent state, became matter of dispute between Virginia and Ken- tucky. To settle and adjust this dispute, the two states ap- pointed commissioners with full powers to settle all ques- tions of doubt and difficulty as to the boundary between the two states. The commisioners agreed upon the fol- Ag ne lowing line: To begin at the point where the Carolina (now Tennessee) line crosses the Cumberland nountains, keep- ing between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Powell's and Guest's rivers, and the Pond fork of Sandy on the east thereof, continuing along the top or highest point of said mountain, crossing the road leading over the same at the Little Paint gap, where by some it is called the Hol- low mountain, and where it terminates at the west fork of And whereas, this commonwealth does approve and is willing to ratify and confirm each and every article and stipulation of the said agreement. Therefore, SEc. 1. Be it enarted by the General Assembly of the Common- rnealth of Kentucky, That the boundary line between the state of Tennessee and this commonwealth, as described in said agree- ment, subject to be run and marked as therein provided, shall be and the same is hereby ratified and confirmed. Sic. 2. Be it farther enacted, That each and every article and stipulation of said agree-ent, either relating to the boundary line between the said states, or to the land claims of individuals, or to vacant and unappropriated lands, or to any other subject matter in said agreement contained, shall be and the same are hereby rati- fied and confirmed, and shall be regarded in all courts of justice in this commonwealth, as the law of the land. 156 BoNDIRY OF ENTeUCKY. Sandy. commonly called RusselIls fork; thence with a line to be run north, forty-five degrees cast, till it intersects the other great principal branch of Sandy, commonly called the north--eastwardly branch thereof; thence down the said north-ea.stwardly branch to its junction with its main west branch, and down main Sandy to its junction with the Ohio. The line whichdivided VirginiaandNorth Carolina was Linr VirInij the southern boundary of the state of Kentuckv. Virginia and North Carolina, prior to the creation of the states of Kentucky and Tennessee, appointed commissioners, Me.s.rs Walker and Henderson, to run and mark the line on the parallel of latitude thirty-six degrees thirty minutes. From a point on the top of the Cumberland mountains, now the south-eastern corner of the state of Kentucky, the commis- sioners jointly did not run the line west. One of the com- missioners (Mr. Walker) run and marked the line to a pohit on the Tennessee river. This line, called Walker's wai-er'line. line. vas regarded for many years as the dividing line be- twveen the states of Kentucky and Tennessee. It was as- certained, however, that the line as run and marked by Walker was north of latitude thirty-six degrees thirty min- utes. After the Indian title to the land west of the Tennes- see river was extinguished by the treaty of 1819, the legis- lature of Kentucky appointed Robert Alexander and Luke Mun.ell to ascertain the true point of latitude thirty-six degrees thirty-minutes on the Mississippi river, and to run and mark a line east upon that parallel. This wvas done as far cast as the Tennessee river. The two states sub- LU. utied. sequently appointed commissioners, vested with full pow- ers to settle and adjust all matters concerning the bound- ary between them. The commissioners entered into an agreement, which wvas subsequently ratified by the legisla- tures of the two states, and the line therein described has been ever since the southern boundary of the state of Kentucky. The supreme court in the case of' Handlev's lessee vs. Anthony, 5 Wheaton, 375, and the court of ap- peals in the case of Fleming vs. Kenny, 4 J. J. M., 158, have decided that the boundary and jurisdiction of the state of Kentucky extend to low wfaer mark on the wes- tern or north-wvestern side of the river Ohio. What eflct B on the 11th section of the compact with Virginia has upon Ohio iier. the question of concurrent jurisdiction of the states of Ohio, Indiana, and Illinois over that portion of the Ohio river which forms the common boundary between them 157 BOUNSDARY OF KEMTUCKY. and Kentucky, has not been declared by any legislative act or judicial decision of the court of Kentucky. 1. The boundary of the state of Kentucky is declared B..ndary de to be as follows: Beginning at seven pines and two black Flbrds oaks on the top of Cumberland mountain, on the Tennes- see line, wherc it crosses said mountain, one mile and a half and twelve poles southlwardly of the Cumberland gap; thence with Walker's old marked line south 86 deg. west, by the magnetic meridian, crossing the Left-Hand fork of Yellow creek at one mile, crossing Mingo mountain, and then crossing Bennett's folk of Yellow creek at five miles; then Log mountain, crossing Bowman's fork of the Clear fork of Cumberland at nine miles; the Trace fork at twelve miles; Buffalo at fifteen; the Laurel fork at eighteen miles; Tom's creek at nineteen miles; and Primroy at twenty-one miles; then crossing Pine mountain, and the Clear fork of Cumberland river, in the Lot at twenty-five miles; then crossing the hlackle knob to the Elk fork at twenty-eight miles; Indian creek at twenty-nine miles; then Gillico mountain and Gillico creek at thirty-three miles; and the Right-Hland fork of Gillico at thirty-six miles; Rock creek at forty-one miles; Marsh creek at forty-seven miles; the Roaring Ponch at forty-nine miles; Bear creek at fifty-four miles; the Big South fork of Cumberland at fifty-eight miles; Rock creek at sixty-eight miles; the Left-Hand fork of the Little South fork at seventy six miles; passing the Chimney or Pilot rock at seventy-eight miles; crossing the Poplar mountain into Stockton's valley at eighty-seven miles; and Pike's turnpike road at ninety miles ; then crossing Wolf river six times; then Sulphur Lick creek at one hundred and four miles; Kettle creek at one hundred and twelve miles; in all, one hundred and fourteen miles, to three hackberry trees on the bank of Cumberland river, opposite the point where Walker's old line strikes the west bank of Cumberland river, and about twenty-four poles above the house occupied by John Kerr in 1821; thence west with Walker's old line to the Tennessee river; thence with and up said river to the point where the line run by Alexander and 31unsell, in 1819, strikes said river; the river being the common boundary between the two states, and subject to their common use and concurrent ju- risdiction; and thence with the line run by Alexander and .Munsell, on the parallel of lat. 36 deg. 30 min., to the mid- dle of the channel of the Mississippi river, opposite the point on the Mississippi below New Madrid, fixed, marked, 698 BOUNDARY OF KENTUCKI. and ascertained by them as the point of intersection of said parallel of latitude and said river; thence up said river to the mouth of the Ohio river; thence crossing the Ohio river to the north-west bank, at low water mark; thence up the north-western bank of said river at low water mark, to a point opposite the mouth of the Big Sandy river; thence across the Ohio river, and up the said Sandy river, to the mouth of the main western branch of Sandy; thence up the north-eastwardly branch to a point on said branch from which a line drawn south 45 deg. west, will strike the road over the Cumberland mountains at the Little Paint gap, by some called the Hollow mountain, where it ter- minates at the west fork of Sandy, commonly called Rus- sell's fork; and thence, continuing on the top or highest point of said mountain, keeping between the head waters of the Kentucky and Cumberland rivers on the right, and the head waters of Powell's and Guest's rivers on the left, to the beginning on the said Cumberland mountain. 2. The sovereign power and jurisdiction of the com- P an ja. monwealth of Kentucky extends to and over the entire nsdicLioU. soil and water within the limits described in the preceding section, except so far as she may have ceded jurisdiction to the United States for national purposes. 3. Each county in this commonwealth, whose boundary COU..tie borser. is described in part by the Mississippi and Ohio rivers, n4d miasippi. shall be considered as bounded in that particular by the state line; aftd the islands thereof shall be within the re- spective counties holding the main land opposite thereto, within this state; and the several counties and tribunals thereof shall hold and exercise jurisdiction accordingly. ARTICLE 11. Thme Scal of the Comnmonwcalth dcclarcd. 1. The great seal of the commonwealth of Kentucky Gr&EatheL shall have upon it the device two friends embracing each other, with the word "Kcntucky" over their heads, and round about them the words " United wc stand, divided we fall". 169 CATTLE, HORSES, AN-D DOGS. CHAPTER IX. CATTLE, HORSES, AND DOGS. Misclhievous and noxious animals to be restrained or destroyed. Bulls, Jacks, and Horses running at large may be altered. Dogs guilty of killing Sheep, or bitten by mad Dogs, may be killed. ]. If any unaltered horse or jackass over one year old, tnltercd ho..T is permitted by its owner to run at large outside of his in- ,,rge b. tak' closure, such horse or jack maybe taken up and confined by any person; and if the owner be known, notice in -d&B81-2- writing of such confinement shall be given him, whose duty it shall be forthwith to take such horse or jack into his possession, and pay to the taker up two dollars. If such horse or jack be not called for by the owner, allowing him twenty-five miles for each day he may necessarily have to travel after the service of such notice, the taker up, at the expiration of the time, shall take the said horse before a justice of the peace, within the district where he resides, who shall, upon the proof of the facts, order said horse or jack to be gelded by some one skilled in the art. 2. The fee for gelding shall be one dollar. The taker Ffts,&Gc. up, besides the fee for gelding, shall be allowed two dol- lars for his trouble, and twenty cents per day for each day he may keep the horse or jack, to be paid by the owner, and may retain the possession and have a lien thereon till paid. If the horse or jack dies or escapes, the owner shall nevertheless be liable for the expense+. 6 3. When the owner of such horse or jack is nnknown When ownrn ot to the taker up, and so verified by his oath, he shall take the same before a justice of the peace within his district, lwho shall cause the horse or jack to be appraised and dealt with as an estray, except that a notice in writing of the description of the horse or jack, and residence of the taker up, shall be posted up at the door of the court house, and at one or more public places in the county; and if the horse or jack be not called for by the owner, and his property proved, as required in the case of other estrays, within two weeks, the taker up shall again take the horse or jack be- fore the justice of the peace, who shall cause him to be gelded, as provided in the first section of this chapter. The taker up shall be allowed two dollars for his trouble, and all reasonable charges paid; and if the horse or jack be not proven and taken by the owner, he shall, after one 160 CATTLE, HORSE, AND DOGS. year, become the absolute property of the taker up. The owner may, at any time within three years, by proving his property, recover the valuation of said horse or jack. 4. If bulls known to be mischievous and breachy are Ball. permitted by their owners to run at large outside of their inclosures, they may be taken up and proceeded with, and altered, as provided in cases of horses or jacks in the pre- ceding article; and the liability of the owners shall be the same. 5. If the owner of any distempered cattle shall permit Penmity for 1- them to run at large outside of his inclosure, or shall drive ed -ttt. to ru..t the same into or through any part of the state, unless it be from one portion of his own inclosure to another, he shall -.&B.2m7 forfeit and pay the sum of ten dollars for each head; and when any such cattle shall die, the owner thereof shall cause them to be burned or buried; and if he fail, he shall be fined five dollars for each offense. 6. If a justice of the peace be informed, by affidavit, 3u: to t that the owner of such cattle as are described in the pre- order Commgnd. ceding section, has violated its provisions, it shall be his pound. duty to issue his order to such owner, commanding him to impound them; and if he fail or refuse to do so, or permit them to escape, or to be taken from the pound before the disease has been removed, he shall have power to order the cattle to be killed and burned at the expense of the owner. 7. A justice of the peace, on proof that any dog is 8slkpl n & mad, or has been bitten by a mad dog, or has killed or kiIlled. go to be wounded any sheep, shall order such dog to be killed. 8. If the owner of any dog so ordered to be killed, Penalty for con shall conceal him, or order him to be concealed, to pre- ceUg. vent the execution of such order, he shall forfeit five dol- lars for every day said dog shall be concealed. 9. The constable or other person who may execute the Fees, &c. order of any justice, as described in the fifth and sixth sections of this chapter, shall be paid by the owner of such cattle or dog, the following fees: for killing and burying a horse, jack, jennet, or mule, three dollars; other cattle, two dollars for each head; and for killing a dog, one dol- lar; and if he fail or refuse to execute the order, he shall forfeit and pay an amount equal to the fees allowed in each case. 10. Sheep killing, ravenous, or mischievous dogs shall Miubiewomdog not be permitted to go at large outside of the inclosure of IC'i"d the owner or keeper. 21 161 CAUSES OF ACTION WHICH SURVIVE.-CAVEAT. 1. Such dogs, so going at large, may be killed by any person. 2. The person who kills such dog may be a competent witness to make out his justification for so doing. 11. Any person injured by the horse, cattle, or dog of Redrewsb action. another, such as is described in this chapter, shall have re- dress by civil action. CHAPTER X. CAUSES OF ACTION WHICH SURVIVE. 1. No right of action for personal injury, or injury to M. & B. real or personal estate, shall cease or die with the person L.573. injuring or the person injured, except actions for assault and battery, slander, criminal conversation, and so much of the action for malicious prosecution as is intended to recover for the personal injury; but for any injury other than those excepted, an action may be brought or revived by the personal representative, or against the personal representative, heir, or devisee, in the same manner as causes of action founded on contract. CHAPTER XI. CAVEAT. 1. If any person obtains a survey of land to which an- when a caveat other claims a better right, such other may enter a caveat may be enteed, with the register to prevent the issuing of a grant until the M. & B. 278. right is determined. 1. The caveat shall state the plaintiff's claim, and the Whatitaha1lstate reasons why the grant should not isrue. 2. It shall be verified by his affidavit, or by that of his To be verified, agent, and declare that it is entered in good faith, with the intention of procuring the land for the plaintiff, and not for the benefit of the person against whom it is entered. 3. A copy of the caveat, certified by the register, shall, snmmons isawd within fifteen days from the time it was entered, be hand- tweeon. ed to the clerk of the circuit court of the county where the land, or the greater part thereof, lies, who shall immediate- ly issue a summons thereon, returnable to the first day of 1ff2 the next term of the court, against the defendant, and re- new the same from term to term, if required. 4. If the summons be not returned, or be returned not WeM d executed, the caveat shall be dismissed at the costs of the plaintiff, unless it appear that the non-return or non-exe- cution was not occasioned by the neglect of the plaintiff. 5. If the summons is executed fifteen days before the Wben tried- first day of the term, the caveat shall stand for trial at that term, and the defendant shall, on or before its call, file his written response thereto, verified by his affidavit. If the summons be not so executed, it shall stand for trial at the next term after it is so executed. 6. All issues of fact made by the caveat and the response Jury. shall be tried by a jury, if required by either party. 7. If the defendant be a non-resident of this state, he Non.rewde.L may be proceeded against, and with the like effect, as is permitted against a non-resident in any other suit. 8. Upon service of the summons, or upon notice to DepoeiUona plaintiff of the filing of defendant's response in the clerk's office during vacation, either party, respectively, may pro- ceed to take depositions. 9. The court may permit an amendment of the statement Amendment. contained in the caveat or response, and may give time for further preparation. 10. If the copy of the caveat be not lodged with the clerk Whe the ea-et within the fifteen days, it shall be deemed to be abandon- douned. ed; and upon certificate from the clerk that none such has been left with him, the register may proceed in disre- gard of the caveat. 11. The court may, in its discretion, require the plaintiff seofrity for Go"e. to give security for costs, and on his failure to give the same, dismiss his suit. 2. The judgment upon a caveat shall be liable to re- Appea c. vision in the court of appeals, by appeal or wvrit of error, in the same manner, in all respects, as any other judgment of the circuit court. 3. A copy of the judgment, if in favor of the defend- Judgment deUly ant, must be delivered into the land office within three ered toilndomce. months from the time it is rendered, or a new caveat may, for that cause, be entered against the grant. If the judg- ment be for the plaintiff, and a copy thereof not delivered into the land office within six months from the time it was rendered, any other person may, for that cause, enter an- other caveat against the grant. 168 CASMT. CHAMPERTY AND MAINTENANCE. 4. No grant shall issue to the land in contest to the lfograntcavat plaintiff in the caveat, or to another for his use, until the pending, caveat is dis-mi.ssed or decided; and any such grant, to the extent of such land, shall be void. 5. Where the plaintiff does not prosecute his caveat as Second caveat herein required, or the same is dismissed or decided against aotllored, him, neither he nor any other for his use, shall have anoth- er caveat against the same grant. CHAPTER XII. CHAMPERTY AND MAINTENANCE. 1. All contracts, agreements, and convey ances made in certancontrmcts consideration of the services to be rendered in the prose- void. cution or defense, or the aiding in the prosecution or de- fense, in or out of court, of any suit by any person not a party on record in such suit, whereby the thing sued for or in controversy, or any part thereof, is to be taken, paid, or received, by such person, for his services or assistance, shall be null and void. 2. All sales or conveyances, including those made un- saile. of 1n6 in der execution, of any lands, or the pretended right or title Ion, void. P to the same, of which any other person, at the time of such sale, contract or conveyance, has adverse possession, shall X' dgB 28b be null and void. Nothing in this section shall render void a devise of land in adverse possession. A petition in equi- ty by a judgment creditor, after a return of execution of no property found, may be filed to subject the title of the de- nTitlemynbjected fendant to any real estate to which he may have title, legal or equitable, though the same may be in the adverse pos- sc-ion of another, to which procedure the person in pos- session shall be made a defendant. 3. All contracts to prosecute a suit for the recovery of Title forfeited any lands in the adverse possession of another, for the by caprosw bcntahstm.eW lbole or part of the land thus possessed, or for the whole or any part of the profits thereof, shall be null and void; and the parties to such contract shall forfeit all right, in- terest, or claim, in or to the land claimed under such pre- tended right or title; also, all right to maintain any suit at law, or in equity, upon such pretended right or title; and such right, title, or claim shall vest in the commonwealth, and inure to the benefit of the person in possession, with- out office found. 1ff4 CAIMPERTY AND tAINTENANC.1 4. The person in the adverse possession, according to Dekndadt may the provisions of the second and third sections of this chap- tPcti b.-of'zit ter, his personal representatives, heirs, or assigns, or the person under whom such occupant claims or holds, his per- sonal representatives, heirs, or assigns, may give in evi- dence, under the general issue, or may plead the sale or purchase of any pretended right or title in violation of the second section of this chapter, or any contract or agree- ment made in violation of the third section of this chapter, in bar of any suit or action against them to recover the possession or title to the land so held. 5. The parties in possession, or their representatives or P.MtI mybe assigns, or the person under whom the occupant claims or worn. holds the land, or his representatives, may, the better to avail themselves of the provisions of this chapter, swear the parties, whether plaintiffs or not, to every such con- tract, and compel them to give evidence upon the trial, or may compel a discovery on oath by bill in chancery. The person so compelled to give evidence, or to make discov- ery under this section, shall not be subjected by such dis- covery to any penal or criminal prosecution, for the of- fense of champerty and maintenance, nor shall such evi- dence or discovery be used in any such prosecution. 6. Persons in possession may purchase in the adverse Pear. in poV outstanding title or claim, and such purchase shall be good NMme.dver 5tI' and inure to the benefit of the person making the same, or to the person under whom he claims and holds the lands so possessed. 7. None of the forfeitures declared by this chapter shall To whbom forfeit- apply to cases of controversy between lessor and lessee, up do nat pplr. mortgagor and mortgagee, vendor and vendee, trustee and cestui que trust. 8. Neither party to any contract made in violation of the provisions of this chapter, shall have any right of ac- tion or suit thereon. 165 C H ChANGE OF Fe's CHAPTER XIII. CHANGE OF VENUE. In penal cases. In civil cases. 1. When a criminal or penal prosecution is pending nWen granted in any court, the judge thereof may, upon the application 1i1-:.na nrt" of the defendant, order the trial to be had in some other adjoining county, to which there is no valid objection, if A. lOrO0 s it appears that the defendant cannot have a fair and im- partial trial in the county where the proceeding is pending. 1. Such application must be made by petition in writing, how application verified by the affidavit of the defendant, and two other credible persons not of kin to, nor of counsel for the defend- ant; and the attorney for the commonwealth, or, in his ab- Fence from the county, the attorney for the county, must have reasonable notice thereof in writing. 2. The application must be made and determined during When made the sitting of the court, unless the making it before the imeeting of the court will expedite the trial in the county to which it is to be removed, in which case the application and order may be made in vacation. 2. If the applicant is in close custody, the order for the When applicant change of venue shall be accompanied by an order for his La IC ... Ody, remnoval by the sheriff or jailer, with such sufficient guard as the judge may direct, and his delivery to the jailer of the county where the trial is to be had. 3. If the applicant is under recognizance for his ap- Wbhel under re- pearance, or if he is admitted to bail, he shall, before the cognDanoce &c o der is granted, give sufficient bail for his appearance at the proper court, or be surrendered into custody. 4. The court or judge may also take recognizances Witnesnea re- from the witnesses for their appearance at the proper court, coguzeel. and mnake such orders as may be deemed necessary to a fair, full, and speedy trial upon the merits. 5. When the prosecution is so removed, the clerk of the eitl." t. tr court shall immediately transmit the original papers, to- mitpape-. gether with a transcript of the record pertaining thereto, to the clerk of the court to which the removal is ordered, after making out and retaining a copy of such original pa- pers. The transfer shall be made by the clerk, his deputy, or some discrect per. on, for whiorm the clerk shall be re- Mileage paid by sponwible. The applicant shall pay the clerk for making applicant. 166 such copy, and also five cents a mile for necessary travel, going and returning, in the making such transfer, for which he may issue his fee bill as in other cases. 6. If one or some only of several defendants charged One of several in the same indictment apply for or be allowed the change uda6 s of venue, the original indictment shall be retained, and a certified copy sent, which shall serve in lieu of the origi- nal. .7 The court to which the removal is so made shall JuTr-dwiction d have the same jurisdiction to dispose of the case as was rcmo-ed.LOwi held by that fromn which it was removed; and if the indict- ment be quashed, or a nollc prosequi entered, a new indict- ment may be found from time to time by a grand jury of the county to which the removal is made, and the sanie prosecuted until the case is finally disposed of as though the offense had been committed in that county. 8. Not more than one change of venue shall be allow- alo.1ydnetb..9 ed to any person in the same case. 9. A slave charged with felony may obtain the change save. of venue herein allowed, upon the application of his mas- ter, or upon the application of any one who will become responsible for the costs of removal. 10. If a defendant to any criminal or penal prosecution JUdg,, p.--diZt; makes and files with the clerk an affidavit stating that he tirC9u. verily believes the judge of the court where the same is pending will not afford him a fair or impartial trial, or will not fairly and impartially decide his application for a change of venue, the substitute for the judge theretofore elected by the members of the bar, shall preside in lieu of the judge at his trial, or on the hearing of his application for a change of venue; or if there be no such substitute, one shall be elected for that purpose; if he make and file an affidavit taking the same exception to the substitute, the clerk shall select three discreet, impartial housekeepers, who shall be sworn truly to try the question of such sub- stitute's impartiality. If they, or a majority of them, de- cide that he is not impartial the clerk shall immediately cause another substitute to be elected by the members of the6 bar for the trial of that case. The person so elected shall preside, and the defendant shall be allowed no excep- tion against him. If the general or special substitute for a judge resign or refuse to act before the final disposition of any'such criminal case, another shall be immediately elected in his place. 167 CHA.NGE OF VENUF. 11. If a party to any civil cause triable by a jury, in a cn.e ofvenue circuit or chancery court, verily believes that he cannot in civil suits. X have a fair trial in the county where it is pending, owing to the undue influence therein of his adversary, or to the odium which attends himself or his cause of action or de- fense, he may, by petition in writing, verified by his affida- vit, obtain an order from the judge of the court in which it is pending, for the removal of the cause to the circuit court of some adjacent county. 1. The adverse party or his attorney must have reason- notice orappu- able notice, in writing, of the time and place of making the application. 2. If made out of court, the order for removal and peti- Order for remo, l tion must be lodged with the clerk within five days. 3. The removal shall be to that county in the circuit, or To bat county. to an adjoining county in another circuit, which will best suit the convenience of the parties and their witnesses, in the opinion of the judge making the order, to which there is no valid objection. 4. The order may be made subject to such equitable be upon con- terms and conditions as safety to the rights of the parties dituns. may seem to require, and the judge in his discretion may prescribe. 5. The order shall be void unless the party obtaining Void unless ex it does, within ten days, pay to the clerk a sum sufficient pe.se paid. to cover the expense of travel in making the removal. 12. Immediately on the making or receipt of the order, Duty of clerk. the clerk shall make out a transcript of the record pertaining to the cause, which, with the original papers therein, he shall, as soon as practicable, carry or send by some dis- creet person to the clerk of the court to which the cause is removed, the former being responsible for the conduct of the person so employed. 13. If the papers are transferred ten days before the When to be tried, first day of the next term of the court to which the cause is removed, it shall stand for trial at that term; otherwise, not until the term next succeeding. 14. The parties to any suit may, by consent, have an Removal by con- order, in or out of court, for its removal to any other court. 15. The court to which a cause is removed shall have the same power as to its trial and final disposition as that to wbcbre Oield from which it came, and no exception to the original juris- diction of the latter shall be allowed in favor of the party obtaining the removal. 168 MUNGE OF YE'U& 16. There shall not be more then one order of removal Onlyonaremov. of the same cause, at the instance of the same party. a allowed 17. The clerk shall be allowed five cents a mile, go- Clerk'sml ing and returning, for traveling expenses in making the re- moval. 18. The party upon whom notice has been served of p rty-S ag. an intended application for an order of removal, shall be allowed three cents a mile for traveling expenses, going and returning, if he attend and the applicant does not, or if the latter fails in his application; the payment of which may be coerced by execution or attachment from the court. 19. At the appearance term of a civil suit, if a party Application at desires a change of venue, he shall state the facts and rea- aPpearanc term. sons therefor on oath, which shall be good cause for a con- tinuance, if deemed sufficient by the court. An act r.cgulating changes of venue from County Courts-ap- proved Aoeembcr 19, 1851. 1. That from and after the passage of this act, changes Countycorb& of venue of any and all causes and motions pending in any i county court vithin this commonwealth, or in the court grant cbhaM of held by the presiding judge of any county at his quarterly or monthly terms, shall and may be granted in the same A. 1851,2. manner, under the same limitations and restrictions, and for the same causes as are prescribed by "an act to amend the several acts authorizing changes of venue in civil cases," approved February 3d, 1815, and the act amenda- tory thereof, approved February 6,1819. The changes of cil.ogeofren venue authorized by this act shall be made to the circuit cui cmuurt o car. court of the county in which the cause or motion may be twin conditions. pending, unless there be a legal ground of objection to the judge of the circuit court, or to the trial of the cause or motion in that county, in which case the change of venue shall be awarded to the circuit court of the nearest county to which the objection does not apply; and the mode of trial and rules of procedure shall be the same prescribed for the trial of such causes or motions in the court from whence the same may be removed, so far as the same are applicable. 2. When any change of venue shall be so ordered, the Wb champ judge or clerk of the county court, as the case may be, p frd, &. Pto 1w shall send the original papers, together with a transcript gent alo. of all orders which have been made in the cause or mo- tion, to the clerk of the court to which the change of venue log CHANGE OF VENUL CEARITABLE USES AND RELIGIOUS SOCIEES. is awarded; and upon disposing of the matter, the court, according to the nature of the case, shall direct whether the original papers shall remain, or whether they shall be remanded to the court from whence they came. When they are remanded, the clerk of the circuit court shall re- 'it. 'c eti r, tain a special statement of the taxation of costs, and re- tDPIPES. turn the original papers, with copies of all orders made in the premises by the circuit court, in the court from whence they came; and when any paper is so returned, which, ac- cording to the order or judgment of the circuit court, ought to be recorded in the county court office, it shall be so recorded by the county court clerk-, together with so much of the order of the circuit court as shall be necessa- ry to place the same properly on record. CHAPTER XIV. CHARITABLE USES AND RELIGIOUS SOCIETIES. The mode and objects for which Charitable Uses may be created. Uses to Religious Societies. 1 I. All grants, conveyances, devises, gifts, appointments, and assignmentsi, heretofore made, or which shall be here- What gtants, &.. fr. chbritable s after made, in due form of law, of any lands, tenements, rents, annuities, profits, hereditaments, goods, chattels, mo- m. &LA. Xs. ney, stocks, or choses in action, for the relief or benefit of aged or impotent and poor people, sick and maimed sol- diers and mariners, schools of learning, seminaries, col- leges, universities, navigation, bridges, ports, havens, cause- ways, public highwavs, churches, houses of correction, hos- pitals, asylums, idiots, lunatics, deaf and dumb persons, the blind, or in aid of young tradesmen, orphans, or for the re- deinption of prisoners or captives, setting out of soldiers, or for any other charitable or humane purpose, shall be valid, except as hereinafter restricted. 2. No charity shall be defeated for the want of a trus- 2ot debeted fr tee or other person in whom the title may vest; but courts W.t.tt trused, of equity may uphold the same by appointing trustees if there be none, or by taking control of the fund or property, and directing its management, and settling who is the ben- eficiarv thereof. 3. No churtch or society of christians shall be capable Churches. &c.. of taking or holding the title, legal or equitable, to exceed- limited to Ibscrei , Si t B. m lag fifty acres of ground; but may acquire and hold that 170 CHARITABLE USES AND RELIGIOUS SOCIEFIES. quantity for the purpose of erecting thereon houses of pub- lic worship, public instruction, a parsonage, a grave yard, and a horse pound. 1. The society may, before or after the creation of the Trutee to be charity, appoint not exceeding three trustees, who, and "Poin'd. their successors, shall be vested With the title, legal or equi- table, to such property, for the use of such society. Hi The society shall enter such appointment on its record Re-ddor ap book, a majority concurring therein, and may fill vacan- L490 cies in like manner. 3. The trustees, or a majority of them, may, in their own us probte names, for the use of the society, institute and prosecute suits to recover any property, real or personal, to which the society has right, and may defend any suit that shall be instituted against the trustees, or society, for or touching its temporalities. 4. In case a schism or division shall take place in a so- Schisms. ciety, the trustees shall permit each party to use the church and appurtenarces for divine worship a part of the time, proportioned to the members of each party. 5. The excommunication of one part) by the other, shall Extmunc not impair such right, except it be done, bona fide, on the lion. grounds of immorality. 4. If any society holding lands shall dissolve, the title DjOIutio. to such land and appurtenances shall vest in the trustees of the county seminary in which the land may lie, for the M.&d B.1349 use of such seminary; and if there be no such seminary, then in the county court, for the benefit of common schools in the county. The provisions of this section shall not apply to the society called Shakers, who shall have the er excepted. sarme right to acquire and hold real estate, as they have had prior to the passage of this act. (/) (a) The last clause was an amendment by the legislature, made under the apprehension that the society of Shaking Quakers might be embraced bv the lan-tuage of the section. Such was not the opinion or intention of the commissioners. 171 CITIZENS, EXPATRIATION, ALIENS. CHAPTER XV. CITIZENS, EXPATRIATION, ALIENS. ART. 1. Who are Citizens. ART. 2. Expatriation, how effected. ART. 3. Aliens, certain rights of. ARTICLE 1. Who are Citizens. 1. All free white persons born in this state, or in any roareduse. other state of this union, who may be or become residents of this state, all free white persons naturalized under the V. R.61. laws of the United States, who may be or become residents of this state, all persons who have obtained a right to citi- zenship, under former laws, and every (ilud, wherever born, whose father or mother was or shall be a citizen of this state at the birth of such child, shall be deemed a citizen of this state. ARTICLE H. Erpatriation, how Cfcted. 1 . Whensoever any citizen of this state, by deed in Mod. by which writing in the presence of and subscribed by two witnesses, trit.J and acknowledged or proved in the county court of the county in which he resides, or by open declaration made in V: B. i- such court and entered of record, shall declare that he re- linquishes the character of a citizen of this state, and shall depart out of the same, with the intention, in good faith, to remain absent therefrom, such person shall, from the time of his departure, be considered as having exercised his right of expatriation, so far as regards this state, and shall not thenceforth be deemed a citizen thereof. 2. When any citizen of this state shall reside else- n where, and in good faith become a citizen of some other Othr scat., state of this union, or the citizen or subject of a foreign v. JL ff state or sovereign, he shall not, while the citizen of anoth- er state, or the citizen or subject of a foreign state or sov- ereign, be deemed a citizen of this state. 3. No such act of becoming the citizen or subject of a If wrexists.an foreign state or sovereign, and no act underthe section but UitPe xd. one next preceding, shall have any effect, if done while this state or the United States shall be at war with a for- V. R. a. eiga power. 172 CMZENS, EXPATRIATON, ALIENS. ARTICLE HI. Alicns, certain rights of. 1. An alien, not being an enemy, who shall have actU- An UI.en Fiend ally resided in this state two years, shall, during his resi- "e ""' 2 Yho' dence after that period, be enabled to receive, inherit, hold, -Caet. by and pass by descent, devise, or otherwise, any interest in m. & B. IM real or personal property, in the same manner as if he were a citizen of this state. 2. Any alien, being a free white person, who shall have Estate purchaaed purchased, or contracted to purchase, any real estate, or H- h, rt."- who shall hold or have title thereto; and who shall become ctidzen. noct liabl a citizen of the United states before the same is escheated to be escbtesld. by a proper procedure, and any such person, who shall hold v. H. B. or have title to any such estate, who shall sell, lease, or devise the same, or die seized or possessed thereof, before any proceeding shall be instituted for the purpose of es- cheating the same, such person in the first case, and in the second the purchaser, lessee, heir, or devisee, from him, if a citizen of the United States, shall take and hold the same, free and released from any right or claim of the common- wealth, by reason of such person's having been an alien. 3. Any woman whose husband is or shall be a citizen Tbetil-1g of the United States, and any person whose father or -ftle-sUtta. X &the i.uc mi- mother, at the time of his birth, was or shall be a citizen e op thueh thereof, although born out of the United States, may take oe5,t -) D fiber. and hold real or personal estate, by devise, purchase, de- v. R. 499. scent or distribution. 4. An alien, the subject or citizen of a friendly state, AIls". ,esiden. may take and hold any personal property, except chattels '.".d Wd _'WO real, and any such alien, if he reside within this state, may eates' take and hold any lands for the purposes of residence, or 7 & 8 Vic. M0g. of occupation by him or his servants, or for the purpose of V. R. 4W. any business, trade, or manufacture, for a term not exceed- ing twenty-one years. An alien, so taking and holding, shall have like rights, remedies, and exemptions, touching such property, as if he were a citizen of the United States. 173 174 CLAIMS UPON THE TREASURY. CHAPTER XVI. CLAIMS UPON THE TREASURY. ART. 1. The mode of authenticating claims, by the Governor and other state officers, payable at the Treasury. ART. 2. Claims allowed or approved by court. ART. 3. Claims of Sheriffs. ART. 4. Claims of Constables, Coroners, Elisors, and Jailers. ART. 5. Claims for expenditures in Criminal Prosecutions, and of the Sergeant of the State. ART. 6. Claims Miscellaneous. ARTICLE 1. The mode of awthenticating claims, by the Governor and other State ifcers, psayebc at the Trcasury. g 1. The claims and demands upon the treasury speci- How paid. fied in this chapter shall be paid when due, by the treasu- rer, to the persons entitled to the same; the warrant to be issued bv the auditor of public accounts, upon such proof, by vouchers, of the service rendered, or of the justice of the demand, as is herein required. 2. When allowance is made for mileage or travel- How mileage ing, the number of miles shall be computed upon that computed. road which is the nearest, and most usually traveled by land. 3. The pay and mileage of the speakers and members Fpenses or tbe of both houses of the general assembly, the compensation genral assenbly. to the officers of the two houses, except the chief clerks M. & B. 32. thereof, upon the certificate of the respective clerks of the amount due; the compensation of the chief clerks upon the order of each house, stating the amount due; all other con- tingent expenses of the general assembly, upon the pro- duction of the vouchers, countersigned by the clerks of the respective houses. 4. To each elector of president and vice president of the United States, three dollars per day for each day he of pprsideatial g attends at the seat of government as an elector, and three leciors. dollars for every twenty-five miles necessarily traveled in M.&d B.3-.5. going to and returning from the place of meeting. 5. The reward offered by the governor of this state, Rewards, not exceeding five hundred dollars, for the apprehending and the delivery into the custody of the proper officer N. d& B.3. named in the proclamation, a fugitive from the justice of this commonwealth, upon the production of the officer's CLAI39 UPON THE TREASURY. receipt of the fugitive, approved and certified by the cir- cuit court of the county of his residence. 6. Such allowances, not exceeding six and a fourth Express. cents per mile of necessary travel, as the governor shall K & i 2. certify to be due to any person employed by him as an ex- press, to carry his L i patches to any place in or out of this state. 7. Such sums of money as the governor shall certify . N!ti-, ,&c..b to be necessary, and required by the auditor to enable him to give notices and perform other necessary acts and duties M. & BEL-). to enforce from the sheriffs or other persons in default, the collection of the money due to the commonwealth. 8. The costs of fuel, blank books, stationery, and press- Fucl.Statione. es and implements necessary for the use of the public offi- cesi of the secretary of state, auditor of public accounts, M.& i3.353,zGI. treasurer, register, state librarian, and board of internal improvement, upon the certificate and approval of the governor, accompanied by the vouchers for the same. 9. The costs of transportation and other expenses of a, Tr-P4rtation books, papers, and other articles transmitted on public ac- count to the executive of this state, from the authorities of the United States, or of any state, or from the government of any foreign state. 1. The amount paid or agreed to be paid for the binding Binding. of books in the office of secretary of state, and other ex- ecutive officers at the seat of government. 2. The amount of legal postage charged upon the pub- poitg. lie and official correspondence of the commonwealth. 3. The costs of all repairs made from time to time by Rsp.aiorpublic the keeper of the state house, by the directions and advice of the governor, and upon the public buildings and in- closures on the state house square at the seat of govern- ment. The amount due for any of the objects aforesaid to be certified and approved by the governor, accompanied by the vouchers. 10. The salaries and compensations to public officers salarie! or agents, when fixed or prescribed by law, shall be paid on the warrant of the auditor, except the salary of' the auditor that shall be paid upon the warrant of the audit- or, when approved by the governor. ARTICLE it. Clains allowed or a.,pproved by Court. 1. That within twenty days after the termination of Claimsallowed each session of the court of appeals, circuit court. ehan- tified to utdiLbr er lerk. 175 CLAWS UPON THE TREASURY. Mi. & 15. 37-9. cery court, and county court, their respective clerks shall make out and certify an alphabetical list of all claims pay- able out of the public treasury, which have been allowed by the court, and transmit the same, by mail or otherwise, to the auditor of public accounts. No warrant for a claim requiring the approval of a court, shall be issued until such list shall have been received by the auditor. The auditor Auditor's duty shall keep separate and complete records of all claims al- i.ik& k-Lj. lo 16a .cou.. of lowved in each county, noting the number and amount of each warrant issued therefor. 1. To the clerk of each court named in the first section lar.k books or of this article, such reasonable sums as he may have paid, sClrks, or contracted to pay for necessary well bound blank books, for the use of his office, and for the necessary presses and cases for the like use, each item to be separately stated. 2. And, also, a sum not exceeding ten dollars for an of- Seal or office. ficial seal, when necessary to obtain one for the use of his office. ARTICLE Ill. Claims of Sheriffs. 1. For the execution of the sentence of a court inflict- Forsberiff duties ing capital punishment, six dollars. 1. For sunmoning and attending a jury in a case of felony, one dollar and fifty cents. 2. For apprehending a person on a charge of felony, or a fugitive fromn justice, two dollars. 3. For executing process for contempt of court in a crim- '. & B.3r2. inal case, when the court excuses the contempt, sixty-two and a half cents. 2. When the sheriff or other person has performed the For jAilers'dutie. duties of jailer, the same fees and allowances shall be hi. & B. 3.0. paid to him that arc prescribed for jailers. ARTICLE IV. Claims of Constables, Coroners, Elisors, and Jailers. 1 1. To a constable, for apprehending a person on a ConstlMes. charge of felony, or a fugitive from justice, two dollars. 1. Executing a summons upon a witness in behalf of M. & B. 361. the commonwealth, in a case of felony, ten cents. 2. For conveying a prisoner under a charge of felony to M.& IL W7. the jail of the county in which he was apprehended, four centsf per mile for each mile traveled in going to and re- turning. 17a CLAIMS UPON THE TREASURY. 2. To a coroner or an clisor when they have been re- Coroners. quired to perform the services of sheriff, the same amount m.& B. W.7 for the services performed a-4 if- perfornied by a sherill 3. To jailers, for imprisoning and releasing a prison- Jailers er charged with felony or contempt, forty cents. M. & B. 26e9 1. Keeping and providing for a prisoner, under like charge, per day, thirty-five cents. 2. Putting a prisoner in irons, besides the costs of the irons, twenty-five cents. 3. For each day he attends the circuit court when in ses- sion, one dollar. 4. The amount allowed by the circuit court for fuel and candles furnished for the court during the term. ARTICLE V. Claims for cxpenditurcs in Criminal Prosecutions, and of the Sergcant of the Sla!c. 1. To the sergeant of the state, for each day he attends sergeant and the sessions of the court of appeals, two dollars. tipstaff. To his tipstaff, appointed by him, for the like services, two dollars. 2. The sergeant of the state shall keep an account of Sergeant to keep all fees for services rendered by him for the commonwealth, accou.t. in judicial proceedings, which he shall verify by his oath, and exhibit the same to the court in relation to whose bu- siness the services were rendered; which, if approved by the court, shall be paid out of the public treasury. 3. The claims designated in the second, third, fourth, Claims obtpaid and fifth articles of this chapter, are to be paid only when od' ao by. . the same shall be approved, allowed, and certified by the court in relation to whose business the services were ren- dered, or for whose use and benefit the articles were pro- cured. ARTICLE VI. Claims Miscellancous. 1. The reward allowed by law for killing wolves and WVol, and wild cats cats 2. The amount, not exceeding two dollars per day, al- Depositions asd lowed and certified by the court to an attorney of the com- monwealth for a eounty, for taking depositions when re- quired by the auditor, in a case in which the commonwealth is a party interested; also, the legal costs of said suit, when certified by the court in which it may be pending, or in which it has been decided. 23 177 CLA1MS UPON THE TREASURY. 3. Postage may be paid, under the provisions of the Poatag.. first article in this chapter, upon communications by mail, M.& I 7-7.. to or from the auditor, upon public business connected with his official duties. Upon official communications to or from the adjutant general, from a major or brigadier general, or packages inclosing militia commissions. 1. Upon letters or packages sent to or from the quarter- master general, upon the business and duties of his office. 2. Letters and packages to or from the secretary of state or the governor, upon public business. 3. Letters and packages to and from the superintendent of common schools or president of the board of internal improvement, upon official business. 4. Each of the aforesaid officers shall keep an accurate omcesto keep account of the postage paid or due upon the official busi- of poeia ness of their respective offices, and verify the same by M. & P.350. their affidavit, which shall authorize the governor to issue his requisition to the auditor for his warrant upon the treas- ury. i 4. The adjutant and quartermaster general, when there Root of Dic. are no offices furnished by the government, may each rent offices, and be paid, upon the certificate of the governor, an amount not exceeding fifty dollars each. 5. The judge advocate of any general or brigade divi- Judge Advate ion court martial, convened for the trial of militia officers 4gdg for neglect of duty, disobedience of orders, or ungentle- manly conduct, shall be paid two dollars per day for each d ULfL'ii41. day he attends upon the session of said court. The pro- A- Mi. vost of such court, for the like services, shall be paid one dollar: and to each witness summoned on the part of the prosecution, his tolls and mileage as witnesses in other cases, and fifty cents for each day's attendance. The above claims to be allowed by the court, and certified by its president, before paid at the treasury. 6. A brigade inspector shall be paid one dollar and fif- Brtgadeimpector. ty cents for each day he attends upon a regimental mus- ter. His account for services shall, at the end of the year, M. & B 36 be produced to the governor, accompanied by the certifi- cate of the general of brigade that the services were well performed; and, if approved by the governor, shall be the authority to the auditor to issue a warrant for the amount. 7. The owner of a slave executed or condemned for l,,xecge felony, as prescribed in the chapter on Slaves, &c., shall M. B. tL be paid such sum as shall be certified by the court, and up- 178 on the evidence being produced to the auditor as in re- quired by law. 8. To the committee of an idiot, by order of a circuit support or idfot. court, for his maintenance and support for a year, a sum M.B.5 7 not exceeding fifty dollars. 9. To the trustees of the institutions of Kentucky for InUtutou. idf the teaching of the deaf and dumb, or the blind, upon th lid certificate of the governor, a sum not exceeding one hun- dred and fifty dollars for each indigent pupil maintained 3 & & 7 and taught in said institutions per year. No such pupil shall be maintained or paid for out of the public treasury for a longer term than three years, nor shall the whole sum so expended exceed, in any one year, two thousand five hundred dollars. CHAPTER XVII. CLERKS. ART. 1. Oath, bond, and duties as to records, papers, &t. ART. t. Clerk of the Court of Appeals, duties of. ART. 3. Clerks of inferior courts, duties of. ARTICLE 1. Oath, bond, ant dutics as to records, papers, 4-. 1. Every clerk of a court and deputy, in addition to the Oaa. oaths prescribed by the constitution, shall, in the presence of the court, before entering on the duties of his office, & B,-384 take the following oath: I, A. B., do swear, that I will well and truly exercise the office of , according to the best of my skill and judgment, making due entries and records of all orders, judgments, decrees, opinions, and proceedings of the court, and carefully filing and preserving, in my office, all books and papers which shall be delivered me in charge, or oth- erwise come to my hands or possession by virtue of my said office, and that I will not, wittingly or willingly, com- mit any malfeasance of office, and will faithfully execute the duties of said office, without favor, affection, or partial- ity. So help me God. The fact that such oath has been administered shall be O entered on the record of the court. 2. Every clerk, before he enters on the duties of his Bond. office, shall execute an obligation to the commonwealth, X "aNil. 179 CLERKS. with good security, approved by the court, in substance as follows: We, A. B., clerk of , and C. D. and E. F., his sureties, do hereby covenant and agree with the commonwealth of Kentucky that the said A. B. will faithfully discharge all and every duty of said office, and pay over in due time to the proper person any money re- ceived by him as clerk. Given under our hands this day of Record thereof 1. The bond -hall be entered on the records of the court. 2. A copy shall be transmitted by each clerk, within one Copy to auditor. month, to the auditor of public accounts, to be by him re- corded and preserved. 3. Clerks shall renew their bonds every two years, or Bonds renewed. oftener if required by the court. 4. Any person aggrieved may, as relator, institute suit suis on such bond. 5. It shall not be satisfied until every person aggrieved When satisfied. has been recompensed. 3. Upon the resignation, removal from office, or the Records,&tc.. ,. expiration of the term of office of a clerk, he shall, imme- ivred to SUceC diately upon application, deliver to his successor or such other person as the court may order, all books, records, and other papers belonging to his office. Any clerk who shall fail herein shall forfeit and pay one Penaltyror raiJure thousand dollars, and be imprisoned from one to twelve months. 4. He shall keep a book in his office in which he shall Execution.. enter the names of the plaintiffs and defendants, the amount and from what period the same bears interest, "'Se . the date and return day and to whom delivered, and when returned, of every execution which may issue from his of- fice. 5. He shall, immediately after the fall term of his Report to auditor, court every year, report to the auditor of public accounts a full statement of the whole number of suits brought in his A. 1544., CO. court the preceding year, verified by oath, designating therein whether the same was in chancery, common law, a criminal prosecution, or for a misdemeanor; the accura- cy of which statement the judge of the court shall ascer- tain and certify. ISO CLERIU. ARTICLE U. Clcrk of the Court of Appeals, duties of. 1. It shall be the duty of the clerk of the court of ap- Dutyorcter peals 1. To preserve the transcripts of records certified to his Transcript. court, with the bonds and all papers pertaining thereto. . & Is.3 2. 2. Ile shall make out his docket without regard to the or- Docket. der in which the causes were brought into the court, but so that each cause may stand for trial at the proper term, as 143-4- 6 if it had been docketed in regular rotation. 3. The proceeding of each day's sitting shall be drawn Prceedtga, up by the clerk, but the mandate of decisions shall alone be entered of record. 4. The clerk, at the next sitting of the court, shall make Signed by pro. such corrections as ordered by the court, whereupon the presiding judge shall sign the same. 5. In cases affirmed, a copy of the mandate alone shall casm araed. be certified to the inferior court. 6. In cases reversed, a copy of the whole opinion and Cas reversed. mandate shall be certified. 5 2. HIe shall, as often as may be necessary, transmit by mnstrucUons to mail to the clerks of inferior courts instructions in what clerks manner to make out and certify complete transcripts of re- M.& B. 401. cords. 1. Such instructions must be first submitted to and ap- 'Subitte to proved by a majority of the judges of the court of appeals, Judge and shall be obeyed by clerks of inferior courts. 2. Ile shall keep his office at the seat of government. omce. 3. At the termination of every cause he shall, on some Taxingcosts paper attached to or filed in the record, tax the costs of each party. ARTICLE M. Clerks of inferior Courts. 1. The clerk of every inferior court shall keep a dock- DockeL et of all causes pending in his court. 1. Each civil cause shall be docketed in the succession civil cause. in which it is brought. 2. Chancery and other civil causes shall be docketed sep- Cbsn.crycses. arately. 3. As many common law, penal, or criminal cases only set nrixts. as can probably be tried shall be set for any one day. 4. Criminal and penal prosecutions are to be placed first CriDS- and pe- on the docket in the succession in which they are filed in Da1 prosecutions. his office. 181 CLEIRKI 2. The proceedings of each day shall be drawn up by eroceedlneign- the clerk from his minutes in a plain, legible manner, which, after being corrected as ordered by the court, shall M. &B. 3f;. be signed by the presiding judge. I. The clerk of no inferior court shall permit the records Records, Sc., or papers of his office to be removed or taken out of the not t. be ts.eeofc e eoe.akn o h from the oty. county in which bis office is kept, except in case of inva- 1 si B 3 eion or insurrection, and then he shall return them as soon as the danger ceases, and except in obedience to a sum- mons, or order of a court. 2. Any clerk offending herein shall be fined five hundred Fenalty. dollars. 3. He shall keep his office within two hundred yards of Omc. the court house, and for every twenty-four hours he fails to do so he shall be fined ten dollars. 3. He shall, in all suits, actions, or motions now pend- To iJdorse time ing, or which may be hereafter instituted, promptly and o irgof proe- dure.end stpxs in regularly indorse on an inner invelope,to be filed with the papers of the cause, the day of filing the procedure, with L. rA. the names of each plaintiff and defendant, the list of every subpcnna and other process issued, the return day thereof, the parties named therein, the return of such process, and the persons on whom the same is served, and the date and substance of each order made and step taken in the cause. Noo pation 1. LIe shall receive no compensation for the services thereto., named in this section. A2. All his fees shall be void in each cause in which he Fee, void oro fails to render the above required services at the proper time, and in a proper manner. 3. He may administer oaths in or out of court touching Oaths, any matter pertaining to his office or pending in court. 4. He must keep his office open, free, and accessible, at Offie to 'beept all times, except the Sabbath day, to every person having opt., C a right or claim to business therein, under the penalty of M. & S. 4M five dollars far each failure. 4. He shall certify and affix the seal of his office to Soldier' claimn. soldiers' claims on the government for services rendered, M. Am B. 4M. or to any power of attorney or other writing concerning the same, without any fee or charge therefor. 5. He shall keep a book in which he shall enter the Witnesse names of each witness who attends the trial of any case M.X& UB. M in court upon legal summons, the number of days he at- tends, the number of ferries he necessarily has to cross, and of toll gates he has to pass through, with the distance 185t CLERKI COMMISSIONERS OF FOREIGN DEEDS1 he has to travel, if he resides out of the county, or more than twenty-five miles from the court house, and on whose behalf he was summoned. Furnish copy of 1. lIe shall, on request, deliver to each witness a copy claim. of such claim, stating the amount he is entitled to. 2. He shall, at the termination of every suit, tax on Taxing 1cot some paper filed with the record thereof, in words at length, M & B the costs of each party, which shall be subject to the su- pervision and correction of the court. CHAPTER XVIII. COMMISSIONERS OF FOREIGN DEEDS. 1. Thegovernor of the commonwealth may appoint Governormay and commission one or more commissioners of deeds in A. J143, 13. each state, district, or territory of the United States. A. 1549,6. 1. The commissioners so appointed shall remain in of- Tror oMce. fice for the term of four years, and the commissions of those now in office shall expire on the first day of Janua- ry. 1854. 2. The governor may, from time to time, fill vacancies 'Vacanctea. in the office. 3. Each commissioner, before be enters on the duties of Affid-it. his office, shall make and subscribe an affidavit, before an officer authorized to administer an oath, well and truly to execute and perform all the duties of his station. 4. Which affidavit must be transmitted to and filed in the office of the secretary of state for this commonwealth. 2. Any commissioner appointed and qualified as Commisiorer.' above directed, shall have the authority to take the ac- r knowvledgment or proof of any instrument of writing, (ex- cept wills,) which, by the laws of this state, is required to be recorded. 1. lIe shall also have the power to examine and take the acknowledgment of married women to any such instru- ment. 2. The examination, acknowledgment, or proof of any tl-enmts ad. such instrument taken by a commissioner and certified un- mittd to recrd. der his official seal, in the manner required by the laws of this state, shall authorize the same to be admitted to record in the proper office. 183 CO8 I81ON OF JDGMENT.-CONSTABLES. 3. A commissioner of deeds may administer any oath or oaths. take any affirmation necessary to the discharge of his offi- cial duties. 3. Commissioners appointed under this chapter may Deipositios. take and certify depositions to be read on the trial of any suit which may be pending in any of the courts of this commonwealth. 4. Commissioners heretofore appointed may, during h5;:t,,mio"n: their continuance in office, act under this chapter. pointled . CHAPTER XIX. CONFESSION OF JUDGMENT. 1 I. A power of attorney to confess judgment, or to suf- Power of ir-tt fer judgment to pass by default or otherwise, and every re- jldg-' t' &. wid lease of errors, given before an action is instituted, are de- M. & 11.412. dared to be null and void. 1. If any attorney or other person shall appear under P.ily tor up. such power for any defendant, in any court in this state, pearing under., such attorneY or other person shall forfeit and pay one thousand dollars to such defendant. 2. He shall be, moreover, liable to damages, at the suit Also liable to of the party aggrieved. CHAPTER XX. CONSTABLES. ART. 1. Bond and oatll of office. ART. 2. What process they may execute. ART. 3. May collect his own fee bills, &c. ART. 4. Remedies against, for defalcation. ART. 5. May be ruled to give additional surety. ART. 6. Miscellaneous provisions. ARTICLE 1. Bond and oath of officc. I. Every person who shall be elected or appointed to e-, , the offiece of constable shall, before lie enters on the duties of his office, give an obligation, payable to the common- wealth of Kentucky, with good surety, in the county court of his county, in substance as follows; 184 CONSTABUM. I85 We, A. B., constable, and C. D. and E. F., his sureties, do hereby covenant with the commonwealth of Kentucky, that the said A. B., as constable of county, shall well and truly collect all officers' fees and dues put into his hands to collect, and account for and pay the same in such tinme and manner as is directed by law: and shall well and truly execute and due return make of all process and precepts to him directed, and to him delivered, and of all notices and orders of justices or other tribunals, given to him to execute, and wvill pay and satisfy all sums of money by him received upon any such process or precept, or any note, account, fee bill, or other claim placed in his hands for collection, to the person entitled thereto, or to his order; and in all other things shall faithfully and truly exe- cute and perform the said office of constable during his continuance therein. Given under our hands - day of-. 2. The sureties shall be approved by the court. 3. He shall, also, previous to entering on the duties of his office, besides the oaths prescribed by the constitution, AI & , 417. take an oath before the county court in substance- 1. That he will do right as well to poor as rich, in all things belonging to his office; that he will do no wrong to any man for any gift or reward, nor for favor or hatred, and in all cases that he will truly and faithfully execute the duties of his office according to the best of his knowl- edge and power. 2. It shall be noted on the records of the court that such Bond .n. oth bond and surety had been given and approved by the court, and that the oaths of office had been administered. . 4. If any constable fails to give bond and surety, and offl to he cated or il,- to take the oaths of office herein required for sixty days t.o&gve bo-.', &c. after his election or appointment, the county court shall en- ter up an order stating such failure, and that his office is thereby vacated. ARTICLE II. flioat proess t/uy may execute. 1. Constables may execute attachments issued by a wlhat prct justice, warrants in civil, penal, or criminal cases, distress may warrants, serve notices, and shall return on all such pro- cess the time of serving the same. 1. Shall whip slaves under orders of justices of the Whip alvo.. peace. 2. Summons witnesses to attend arbitrations, or trials be- Snmm'a wi fore a justice or court, or on any legal procedure. 24 3. May execute any original ormesne process from the Process from county or circuit court, where the sheriff, coroner, and jailer cannot act, or cannot be procured to act in proper time. 2. No constable shall return any precept directed to WhcAreu d,!- him, that the defendant is not found- knd.t ntOtind. 1. Unless he shall have been actually at the place of I & B.417. residence of such defendant, and has not found him, and has left a copy of the precept, if the defendant is a resident of the county. 2. Or, unless such defendant's place of residence is un- known to such constable. 3. lie shall not be compelled to receive a precept, fee wbst prec-pts, bill, or order for witness attendance, or other claimn against toCreneimPC d anv person who is known to be and to reside out of his dis- trict, except 1. Such precept is in behalf of the commonwealth, or is a precept against property in his district. 2. But if a constable shall voluntarily receive such pre- wl. l cept. fee bill, order for witness attendance, or other claim, lilyreceved. he and his sureties shall be accountable for the same in like manner as if the person it is against resided or was in his district, or had property therein. 4. It shall be the ditty of a constable to return every Fnt' tor r il warrant or attachment and subpuena placed in his hands, tog to return pro- on or betore the return day thereof, under the penalty of s. & B.417. five dollars, to be recovered on motion before a justice of the peace, upon proper notice. 5. Every warrant or attachment in a civil case return- Where return to able before a justice, shall be returned in the justice's dis- be m.de. trict within which the defendant resides. M. & B. 422, 424. 1 Unless there are several defendants, and then in the Wirr several district of one of them. defe,,ianua. 2. Or, unless the defendant resides out of the county in When driendant which process is executed. resides out 1tI e 3. Or, unless the plaintiff or defendant are of kin to both wben party is Or the justices in the district. Jino jutije. 4. Or, unless with the consent of the parties. EY COD5Ct 6. A constable may exercise the duties of his office in fM t O any part of the county. county 7. Ile shall not act on any process in which he is per- lyttererseiot sonally interested, under the penalty of ten dollars for ryiutcresJ. each offense. 1. lie shall not levy on or sell land, or any interest Not to tcvy on therein. land. 188 COWIABLES. ARTCLE 11X. May collect his own fee bils. 1. A constable may distrain for his own fees, or may Wh.. be may place the same in another officer's hands for collection. duitrzil totr e- 1. He may distrain for other officers' fees placed in his s. & & 40. hands for collection. 2. He shall account for officers' fees six months after so tb.When account placed in his hands. ARTICLE IV. Renmedies against, for defalcation. 1. Any person injured by a breach of a constable's bond SUI, on b..d. may, at his costs, prosecute an action thereon. The bond shall not be void on the first or on any other recovery, but M. & B.416, may be put in suit and a recovery had thereon by every person who is injured by the acts or omissions of the con- stable. 2. A motion may be made or suit prosecuted against a Motitn for ne. constable and his sureties, or any one of them, or the per- 'y sonal representatives, heirs, and devisees of any one or more of them, jointly with the survivors, for any money collected by him on an execution or order of sale or fee bill, or on any note or account, or other claim put into his hands to collect, and which, on demand, he neglects to pay. 1. Ten days' previous notice spevify'ing the grounds of Notice. such motion shall be given. If not executed on all, the motion may proceed against such as are notified. 2. In such cases the plaintiff shall be entitled to recover What recowerd; the amount collected by the officer, and interest from the time of a demand, and neglect to pay, and ten per centurn damages thereon, and the costs of his motion. 3. A constable and his sureties, or any one of them, Motions for not may, by like motion, be rendered liable for the amount of t 'on. 'x- any execution placed in his hands for collection, and ten per centum on the amount thereof, for not returning such execution to the justice's office who issued the same, with- in twenty days after the return day thereof, without rea- sonable excuse for such failure. 4. In actions or motions against a constable and his Receipt evidence. sureties, or any of them, for money collected by him, his A.843-4.N. receipt for the demand shall be presumptive evidence, after the expiration of one hundred and twenty days from its CoNozie 187 date, that such demand has been collected; but such pre- sumption may be rebutted by other evidence. 5. A constable and his surety shall, in like manner, be FM ree liable for any fee bill or other claim placed in his hands for collection, which he does not collect, and fails, on demand, to return to the party entitled thereto, with a proper in- dorsement thereon, within six months from the time it is so placed in his hands for collection. . Also, for any injury for failing to collect the same, when by proper diligence it might have been collected. 2. He shall state in receipts given by him, the amount Reeflptt ae paid; for each failure to do so, he shall be fined five dol- lars. 3. For an illegal charge he shall forfeit his fee, and for nliqldCrse. each offense shall be fined five dollars. ARTICLE V. M'ay be ruled to give additional security. 1. The county court may, at any time, rule a constable At A4dilonl Few to give other or additional sureties JL& 8.421. O 1. May, on the motion of any of his sureties, rule him Counter esarty. to give counter security. 2. Ten days notice, specifying the grounds, must be giv- 50tUCO en to a constable, before a final order shall be made in any such case. 3. If a constable shall not comply with such rule, the omces c.d court may enter up an order vacating his office. 2. A constable who may vacate or be removed from conwable re- office, shall return and account for all claims and papers Count; which are officially in his hands, in the Paine manner as if he had continued in office. ARTICLE VI. .Miscdlktncus Provisions. 1. Executions, fee bills, orders of witness' attendance, rdority. and attachments, shall be levied and satisfied by consta- X Bane bles, according to the priority of time in which they are M. & IL 717 placed in their hands; and they shall, in every case, in- dorse the time of reception. 2. No constable shall buy, or become interested by Constable not to contract, in any claim against another put into his hands buy ClaIm. &c for collection; and any such purchase or contract may be relied on by a defendant in bar of a suit on such claim, or as a ground for vacating a judgment or quashing an exe- cution thereon. IM8 C08TABLE8- CONSTRUCTION OF STATUTES. An act repealing all acts allowing the appointmcnt of Dcputy Constablcs-aj)pr'ucd Deccinb6ir 2, 1851. That all acts and parts of acts allowing the appointment A. 151,4. of deputy constables in this commonwealth, be and the same are hereby repealed. CHAPTER XXI. CONSTRUCTION OF STATUTES. In the construction of statutes the following rules shall be observed, unless such construction would be inconsistent R. ItO. with the mnanifcst intent of the legislature 1. The word "state," when applied to a part of the it United States, shall be construed to include the several ter- ritories thereof and the district of Columbia. And the V. R. oo. words '"United States" shall be also construed to include the district and territories aforesaid. 2. The word "justice," or 'justices," shall be construed iu-ti-k justics as if the words "of the peace" followed. 3. Words purporting to give authority to three or more l A.uthority to public officers or other persons, shall be construed as giv- g-os -o weint' in' such authority to a majority of such officers or other persons. 4. The words "personal representatives" shall be con- PersOnal repre- strued to include the executor or the administrator, or a sheriff or other officer who is required by law and is order- V. R.100. ed by court to act when no person will qualify as executor or administrator. i. The words "unsound mind" shall be construed to in- Unsound mind, elude every one who is an idiot, lunatic, non copnos, or de- v. R. 100. ranged. 6. The word "oath" shall be construed to include an Oath. affirmation, in all cases in which an affirmation may be v. R.lo. substituted for an oath, and in the like cases, the word "sHworn" shall be construed to include the word "affirm." 7. The word "month" shall be construed to mean a cal- Month and Yrfr. endar month, and the word "year" a calendar year, and the v R. 104 word "y-ear" alone shall be equivalent to the expression "year of our Lord." 8. A-len a statute requires a notice to be given, or any aNtkcU-whst other act to be done a certain time before any motion or y P proceeding, there- must be that time exclusive of the day v. R. t01. for such motion or proceeding. But the day on which such 189 CONSTRUCTION OF STATUTES. notice is given or such act is done, may be counted an one day and part of the time. 9. Where any proceeding is directed by law to take baRiabbe h d.t a place, or any act is directed to be done, on a particular day of a month, if that day happen to be Sunday, the proceed- V. H. 101. ing shall take place, or the act shall be done, on the next day. 10. Where the law authorizes a court, or the proceed- JAdgurnent b tin gs of any tribunal or officer, to be adjourned from day to paLedJ. day, an adjournment from Saturday till Monday shall be V. Ei. 101. legal. 11. "Cattle" includes horse, mule, ass, sheep, hog, or Cattle, Meaningof goat, of any age or sex, bull, cow, calf, and ox; cow in- V. R. 101. ludes heifer. 12. A word importing the singular number only, may Singulr and extend and be applied to several persons or things as well r as to one person or thing, and a word importing the plural number only, may extend and be applied to one person or thing as well as to several persons or things. A word importing the masculine gender only, may ex- Male and femalc. tend and be applied to females as well as males; and the word "person" may extend and be applied to bodies politic corporate. bo and corporate, societies, communities, and the public gen- V. It. 101. erally, as well as individuals. 13. The words "real estate," or "land," in the statute at estAte.W law, shall be construed to mean lands, tenements, and he- reditaments, and all rights thereto and interests therein, other than a chattel interest; and the words "personal es- Personal estat. tate" shall include chattels real and other estate as, upon M. R. 60 the death of the owner intestate, would devolve upon his personal representative. 14. -No part of this revision is retrospective, unless ex- Ret ro-rec'v. Xressly so declared. 15. There shall be no distinction in the construction of civilar.d crim- statutes, between criminal or civil and penal enactments. str"et lleril All statutes shall be construed with a view to carry out the intention of the legislature. 16. The rule of the common law, that statutes in dero- Rvised Stattes, gation thereof are to be strictly construed, is not to apply b-,vinb;uc to this revision; on the contrary, its provisions are to be ' ' I liberally construed, with a view to promote its objects. 17. All words and phrases shall be construed and un- Com.men a-d derstood according to the common and approved usage of langaage; but technical words and phrases, and such cth- R. W . ers as may have acquired a peculiar and appropriate 190 CONSTUCTION OF TATUTre.1 meaning in the law, shall be construed and understood ac- cording to such meaning. 18. The word "grantor" may be construed as includ- Grawtor and ing every person from or by whom any freehold, estate, or interest passes in or by any deed, and the word "grantee" ma H. 60. as including every person to whom any such estate or in- terest passes in like manner. 19. The words "preceding" and "following," when Preceding and used by way of reference to any section of this code, shall n be construed to mean the section next preceding or next x. R. 60,61. following that in which such reference is made, unless when some other is expressly designated. 20. The word "will" shall be construed to mean codi- Will and lat will cils as well as wills, and the words "last will" as meaning A R.61 last will and testament. 21. The word "issue," as applied to the descent of real 1. estate, shall be construed to include all the lawful lineal W. descendants of the ancestor. 22. When a law which may have repealed another wina statute shall be repealed, the previous law shall not be revived, eid. epeat unless the law repealing it be passed during the same ses- vd -' 10g2 sion. 23. No new law shall be construed to repeal a former A ,. lw not to repea ome law, as to any offense committed against the former law, lawa.. tooffeneue, nor as to any act done, any penalty, forfeiture, or punish- &G. ment incuiTed, or any right accrued or claim arising under v. B. lci. the former law, or in any way whatever to affect any such offense or act so committed or done, or any penalty, for- feiture, or punishment so incurred, or any right accrued or claim arising before the new law takes effect, save only that the proceedings thereafter had shall conform, so far as practicable, to the laws in force at the time of such pro- ceedings. If any penalty, forfeiture, or punishment be mitigated by any provision of the new law, such provi- sion may, by the consent of the party affected, be ap- plied to any judgment pronounced after the new law takes effect. 24. A person injured by the violation of any statute A ioltion of.a may recover from the offender such damage as he may " "ai t-o- sustain by reason of the violation, although a penalty or prty injur.d. forfeiture for such violation be thereby imposed. v. B. 5zo. 25. The words "legatee" and "devisee" shall each be Legatee& devise held to convey the same idea, and the words "bequeath" and "devise" to mean the same thing; and the words "be- quest" and "legacy" shall each be held to mean the same 191 thing, and to embrace and include either real or pason- al estate, or both. 26. When the law requires any writing to be signed Writung-what by a party thereto, it shall not be deemed to be signed un- less the signature be subscribed at the end or close of such writing. CHAPTER XXII. CONTRACTS. Parol Contracts. Written Contracts, Seals, and Scrolls. Assignments. Joint obligations. Obligations to dead persons. Bills of Exchange. so action liens 1. No action shall be brought to charge any person, enta"n First, for a representation or assurance concerning the M. & P.711. character, conduct, credit, ability, trade, or dealings of an- V. Y. 9 other, made with intent that such other may obtain there- by credit, money, or goods; nor Secondly, upon a promise to pay a debt contracted du- o. prom.ie t ring infancy, or a ratification of a contract or promise debt...at-at-drtfctono rms during-0nrfary- made during infancy; nor v. Thirdly, upon a promise as personal representative to By personal rep- answer any debt or damage out of his own estate; nor M. & B. 734. Fourthly, upon a promise to answer for the debt, default, Debt of another. or misdoing of another; nor Fifthly, upon any agreement made in consideration of ,iarrlngp ae marriage, except mutual promises to marry; nor mets. iSizlthly, upon any contract for the sale of real estate, or SWle oI( lad. any lease thereof for longer term than one year; nor &-venthly. upon any agreement which is not to be per- formed within one year from the making thereof; AgreWnent not to We Pe-w-red' Unless the promise, contract, agreement, representation, nbwritiug. assurance, or ratification, or some memorandum or note v. 4 sa tthereof, be in writing, and signed at the close thereof by RSR. 8472. the party to be charged therewith, or by his authorized agent. But the consideration need not be expressed in the writing: it may he proved when necessary, or disproved by parol or other evidence. 2. A seal or scroll shall in no case be necessary to not necsiaOre. give effect to a deed or other writing, but a signature with- 192 COINRCMs out seal shall have the same efficacy for every purpose as if a seal were affixed thereto; and all writings so execu- Outw, with. ted shall stand upon the same footing with sealed writings, O' exit having the same force and effect, and upon which the same actions may be founded. But this section shall not apply , Ex'Cgt ', to "k to an assignment by indorsement on a bond, note, or bill; bill., 4ad boad.. nor shall it alter any law requiring the state or county c seal, or the seal of a court, corporation, or notary, to any M th. writing. . 1543, il. 3. The consideration of any writing with or without a- seal, may be impeached or denied by plea verified by oath. M.d H. 531. 4. The execution of a writing on which a suit is found- A piec claimleg ed, or its assignment, shall not be denied but by plea vern- muSt - a fied by oath. M. . B. 152 Mo. 5. Every contract or assurance made or given in con- wen ror lotteri sideration, in whole or in part, of any ticket or share in a tirket.,void. lottery, or share in a prize therein, is declared null and M.& B. 1151. void. 5 6. All bonds, bills, or notes, for money or property, on8ds. &C., as shall be assignable, so as to vest the right of action in the assignee; but not to impair the right to any defense, dis- M & .150. count, or off-set that the defendant has and might have used against the original, or any intermediate assignor, before notice of the assignment to the plaintiff. 7. In an action on any assignment of a writing, it shall Atioa on the not be necessary to aver the consideration for the assign- mS isi. ment. 8. The heir, devisee, and representative, or either of Joint obligationu one jointly bound with another in any contract or agree- M. B ment, judgment or decree, and dying in the lifetime of such other, may be charged in the same manner as if the con- tract or agreement had been several as wvell as joint. and the judgment or decree had been separate as against the decedent. 9. A written obligation to a person or persons, who, or Obtigationuto some of whom, happen to be dead at the time of its exe- i Co4 cution, may be proceeded on by the representative of such V. R. 2. person, or by the survivor, as if it had been executed in the lifetime of such dead person or persons. 10. Where any bill of exchange, drawn on any person Intent o for- out of the United States, shall be protested for non-pay- Ogg. bi Of K. ment or non-acceptance, it shall bear ten per cent. per year interest, from the day of protest, for not longer than . & B. 249, 4. eighteen months, unless payment be sooner demanded from the party to be charged. Such interest shall be re- 193 CONTMCM covered up to the time of the judgment, and the judgment shall bear legal interest thereafter. Damages on all other bills, are disallowed. 11. Bills, drafts, or checks, payable in bank notes or .rabl. Mbsnk currency, or other fands. wheresoever drawn or payable, shall be deemed negotiable, and treated in all respects as IL IV. if drawn for money. except as to the value of the currency in wvhih thev are payable. 12. The notarial protest, under the notarial seal, of the _e'Ik, non-acceptance or non payment of a bill, shall be Ovi- dence of its dishonor; but the protest may be disproved. 13. Petition and summons or debt may be brought AIL or against all or some or any one of the parties to a bill of exchange; and a failure of proof as to one or more de- fendants, shall not prevent judgment against the others. CHAPTER XXIII. CONTRIBUTION. Between devisces. As to residuary klgatee. Upon birth of posthumous child. Between, all jointly liable in civil suiL How made, if dower is devised or lost 1. The extent of recovery, in cases of contribution, XAnne in la.w ad shall be the same in courts of law that it is in a court of equity. n...aa on AC equIts . 2. When any estate, real or personal, which has or Btween deuinn. shall be devised, shall be taken from the devisee for the M. R. 420, MS payment of a debt of the testator, or one of the devisees shall pay such debt to save his devise, each of the other devisces shall contribute his proportion of the debt, in- terest, and costs, to the person so paying the Came, ac- cording to the value received by him, except as hereinafter provided. 3. If the testator shall, by his will, have made any oth- M. S. Be. er provi ion for the payment of his debts, then the preced- ing section shall not apply or take effiect, except to the ex- tent that such provision and the testator's undevised es- tate shall be deficient. But the rernedy of such devi!!ee, in the first instance, shall be against the person lholdinag the pro ision, and against the undevised estate. 4. A residitary legatee, or legatee after or subject to Randu tega the payment of debts, or a devisee to whom an estate ha IWe n( CM tisd to 19 CONMTDMOI. or shall be devised to pay debip, shall not, after paying such debts, be entitled to contribution. 5. As respects the payment of the testator' debts,there Astodebtsgew shall be no distinction between specific and general devi- devines t lae. ses, except as herein provided. 6. When any real or personal estate shall be devised Whoa aIIWaDc to any one of the heirs at law of the testator, and the title to the same, or anv part thereof, shall prove invalid, such devisee shall have contribution from the others, unless it shall appear from the will that such was not the intention of the testator. 7. When a testator shall have a posthumous child, the ,ortion or pe- share of such child shall be first taken from the estate not b.. nd. up.e P disposed of by the will, if any be left after paying debts and M I 419 other charges, and the residue shall be made up ratably by the devisees. 8. A posthumous child shall be considered a devisee AL R. 42e. under the law of contribution, and entitled to all his rights, and liable to all his responsibilities. 9. The insolvency or non-residence of any person lia- an, lecc, ble to contribution shall affect the rights of the others in like manner as the insolvency of one co-obligor affects .- R- 4 the others. 10. Contribution shall take place between heirs and Cmontbti distributees, on the same principles as between co-obligors. m. R. 44. 11. Contribution shall take place between all persons who may become jointly liable, by civil action, for any act liability. or omission, in a trust or official capacity, hereafter done or omitted. N 12. The same rights and responsibilities shall continue re rit nd ob in favor of and against the representatives of a person en- titled to or bound to make contribution, who dies, as if he were living when contribution is demanded; and the same principle shall apply, when more than one die. 13. W lhen a widow's dower shall be taken, or her lpor- All-ed -I- tion shall be made up, in whole or in part, from the estate dower is lubned. devised to a devisce, such devisee shall have contribution on the principles of this chapter, unless the will otherwise directs, or it is necessarily to be inferred therefrom that the testator intended the same to fall on such devise. 14. When a widow shall lose her jointure, by a defect of title, or shall renounce the same in a legal manr.er, and shall have her dower or portion assigned her or made up, in whole or in part, from the estate devised to a devisee, such devisec shall have contribution on the principles of this chapter. 18& CONUMBOI. 15. This chapter shall not be held to affect the provis- Whln cute is ions of this revision in relation to property devised which Under lieis _ may be subject to a lien. 16. In all cases of contribution, interest shall be allow- Ilestt alloed. ed from the time that the right accrues. CHAPTER XXIV. CONVEYANCES. What a valid conveyance. Deeds transfer the possession. What constitutes a warranty of title. What deeds are void as to creditors, &c. When deeds to be recorded. Deeds of trust and mortgages. Powers of attorney. Deeds of married women. 1. No seal, or scroll, or indentation. shall be necessary Wo deal required. to give validity or effect to a deed, except the deed of a A, 1843 11. state or a corporation, which shall have a seal as heretofore. 2. The owner may convey any interest in lands, not lad..y b. - in the adverse possession of another. stte. 3. No estate of inheritance, or freehold, or for a term wvriintnes- of more than one year, in land-;, shall be conveyed unless M.. t O by deed or will; and no gift of a slave shall be valid un- )ear. less by deed or will, or unless actual possession shall have V.R 5SO. come to and remained with the donee, or some person claiming under him. If the donor and donee reside together at the time of the gift, possession of the donee at the place of their residence shall not be a sufficient possession within the meaning of this section. f 4. Conveyances by deed of bargain and sale, or deed Poeesoara of release, or by covenant to stand seized to use, or deed &1C41. operating by way of covenant to stand seized to use, or by a, X 44s grant, shall be held to transfer the possession of the bar- gainor, releasor, covenantor. or grantor, to the bargainee, releasee, grantee, or person entitled to the use, for the es- tate or interest which he has or shall have in the use and intends to convey. 5. Every deed of release shall be as effectual for the Dmd of release, purposes therein expressed, without the execution of a lease, as if the same had been executed. 196 CONVEYACE 197 6. A covenant by a grantor in a deed, "that he will Wbat wordscosn warrant the property hereby conveyed," or words of like g'''e"' d, Pesc. import, shall have the same effect as if the grantor had covenanted that lie, his heirs and personal representatives, V would forever warrant and defend the said property, unto the grantee, hist heirs, personal representatives, and as- signees, against the claims and demands of all persons whatever. 7. A covenant by a grantor, "that he will warrant spe- v. R. ts. cially the property thereby conveyed," or words of like im- port, shall have the same effect as if the grantor had cov- enanted that he, his heirs and personal representatives, would forever warrant and defend the said property, unto the grantee, his heirs, personal representatives and as- Hignees, against the claims and demands of the grantor and all persons claiming, or to claim, by, through, or un- der him. 8. The words "with warranty," or "with general war- v. Ra. . ranty," in any deed, shall be deemed to be a covenant by the grantor, '"that he will warrant the property thereby conveyed." The words "with special warranty," in any deed, shall be deemed to be a covenant by the grantor, "that he will warrant specially the property thereby conveyed." 9. No deed conveying any title to, or interest in, land DeedeuoneudnS for a longer time than five years, nor any agreement in :ld rnriae a consideration of marriage, shall be good against a pur- gr'eNd. Wd s chaser, for a valuable consideration, not having had no- cedit-or, ithout tice thereof, or any creditor, unless the same be acknowl- edged by the party who shall execute the same, or be prov- -M. & B ed and lodged for record in the proper office, as prescribed by law. 10. All laws authorizing any deed or mortgage to be In rhat county recorded in the clerk's office of the court of appeals or d-dsIobe tecord. general court, are hereby repealed. All deeds and mortgages and other instruments of wri- A- i547. 17. ting, which are required by law to be recorded, to be effec- tual against purchasers without notice, or any creditor, shall be recorded in the clerk's office of the court of the county in which the property conveyed, or the greater part thereof, shall be. 11N No deed of trust or mortgage, conveying a legal -d. ortfu tl or equitable title to real or personal estate, shall be valid 1 1. utgoad .. to against a purchaser for a valuable consideration, without ire otgo,, ad pur- notice thereof, or against any creditor, until such deed shall - ..bu L. 1US i4& be acknowledged or proved according to law, and lodged for record. 12. All bia fidc deeds of trust or mortgage shall take WAen mnd in efiet in the order that the same shall be legally acknowl- 4_16 of &s edged or proved and lodged for record. 6 1i. Liens, by deed or mortgage, may be discharged by keleHse or lien an entry acknowledging eatisfaction of the same on the dd bjA. marnain of the record thereof, signed by the person entitled to the same, or his personal representative, and attested by M. R. 4X the clerk or his deputy, which, in the case of a mortgage or deed of trust, shall have the effect to reinvest the title in the mortgagor or grantor, or person entitled thereto. This provision shall not be held to change the existing law. if no such entry be made. 14. Powers of attorney to convey real or personal Por. or at- property, may be acknowledged or proved in the manner, town 4'ou.W and lodged for record in the proper office, as prescribed for recording, conveyances. If the conveyance, made under a power, is required by law to be recorded, or lodged for re- cord, to make the same valid against creditors and pur- chasers, then the power must be lodged or recorded in like manner. 15. Deeds made by residents of Kentucky, other than Witin wEAt deeds of trust and mortgages, shall not be good against a ;deu9. purchaser for a valuable consideration not having notice thereof, or any creditor, except from the time the same m -& .4335 f-hall be legally acknowledged or proved and lodged for record, unless the same be so lodged within eight months from the date thereof. If made by persons residing out of Kentucky, and in the United States, within twelve months. If out of the United States, within eighteen months. 16. Deeds executed in this state, by persons other than T-exei9.znted ,tfclacs coetri, may be admitted to record- rcco,'oZlY t 1. 01 the acknowledgment, before the proper clerk, by the party mnaking the deed; 2. Or by the proof of two subscribing witnesses, or by the proof of one subscribing witness, who shall also prove thle. attestation of the other; 3. Or by proof by two witnesses that the subscribing wit- nesses ac both dead, and also like proof of the signature of' one of them and of the grantor; 4. Or by 1;itc proof that both of the subscribing witness- es are out of the state, or that one is so absent, and the 198 CONVEYANM-C other is dead, and also like proof of the signature of one of the witnesses and of the grantor; 5. Or on the certificate of a clerk of a county court of this state that the same had been acknowledged or proved before him as required by this section. 17. IDeeds executed out of the state, and within the D executed United States, by persons other than feincs coe-rt, may be -tr 1fotht- admitted to record when the same shall be certified, under IhY be Me- his seal of office, by the clerk of a court, mayor of a city, or secretary of state, or commissioner to take the acknowl- elminent of deeds, or by a judge under the seal of his coumt, to have been acknowledged or proved before him in the manner hereby required. 18. Deeds executed out of the United States, by per- DNeds executed sons other than feint: corcrt, may he admitted to record Ltate-Pr-i0rde .1..,h they myb. when the Fanne shall be certified by any foreign minister or recorded. consul, or secretary of legation of the United States, or l- the secretary of foreign affairs, certified under his seal of office, or the judge of a superior court of the nation where the deed shall be executed, to have been acknowvledged or proved before him in the manner prescribed by law. 19. Where a deed is proved by persons other than the How certsai subscribing witnesses, the officer shall state the names and proor certifid. residence of such persons in his certificate. 20. Maaried women may convey any real or personal Deeds of mar estate which they own, or in which thev have an interest, legal or equitable, in possession, reversion, or remainder. 21. The conveyance may be by the joint deed of hus- band and wife, or by separate instrument, but in the Int- ter case the husband must fistt convey, or have theretofore conveyed. The deed as to the husband may be acklnow l- edged or proved and recorded as provided for in the pre- ceding sections. 22. A deed of a married woman, to be effectual, shall Ho. aclnow.- be acknowledged before some cf the officers named in the ,telnd uthem preceding sections, and recorded in the proper office. Pre- vious to such acknowledgment, it shall be the duty of the officer to explain to her the contents and effect of the deed, separately and apart from her huFband, and thereupon, itf she freely and voluntarily acknowledge the sarne, and is willing for it to be recorded, the officer shall certify the same as follows: 1. Where the acknowledgment shall be taken by an offi- cer of this state, he shall simply certify that it was ac- knowledged before him, and when it wvas done, which shall log CONMANCES. be evidence that she had been examined separately and apart from her husband, and the contents explained to her, and that she had voluntarily acknowledged the instrument, anl consented that it should be recorded. 2. Where the acknowledg.nent shall be taken by an of- ficer residing out of this state, the same shall be acknowl- edged and certified to the effect following: Commonwealth (or Kingdom) of set: County (or Town, or City, or Department, or Parish) of sct: 1, A. B., (here give his title.) do certify that this instra- ment of writing from C. D. and wife, E. F.. (or from E. F., wvife of C. D..) was this day produced to me by the par- ties. and the contents and effect of the instrument being explained to the said E. F. by me, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same, to be her act and deed. and consented that the same might be re- corded. (Seal.] Given under my hand and seal of office. A. B. 3. If the husband join in the deed with his wife, and ac- knowledge it before the same officer, his acknowledgment may be certified with that of his wife, immediately suc- ceeding the word "-parties," thus, "which was acknowledg- ed by the said C. D. to be his act and deed." 23. Where deeds have been or may be legally exe- Deed not record. cuted, but not recorded or lodged for record in proper time, .dO i "d'. sueh deeds may be proved or acknowledged and recorded, good fr.. day Of record. and be as effectual from the time of so recording. as if re- M . HB. 4& corded in proper time. This section shall not apply to the deed of a married woman, unless re-acknowledged by her, and recorded thereafter in proper time. 24. The clerk of each county court shall record all in- struments of writing embraced in any section of this chap- tPuty of M-e in ogdcriid rejording di. ter, which shall be lodged for record properly certified, or which shall be acknowledged or proved before him as re- quired by law. lie shall also record the certificates in- dorsed on the same, and shall certify the time when the in- stmument was lodged in his office for record. If acknowl- edgred or proved before him, he shall also certify the time of doing the same, and by whom proved, and that the in- strument and the certificates thereon have been duly record- ed in his office. 200 CONVEYANCE. 5 25. Where the office of any county court clerk has Dutyofeso been or may hereafter be vacated, leaving therein any in- struments of writing unrecorded, which, from an official in- L 144. A. 1t4, Ui. dorsement thereon, shall appear to have been acknowl- edged or proved ready for record, or that have been ac- knowledged or proved before another officer, and certified according to law, and lodged in his office for record, the successor of such clerk shall record the same, making his certificate conform to the facts. 26. Where the office of any county court clerk has Power of such beca or mnay hereafter be vacated, leaving therein any instrument of writing unrecorded, which, from an official L. 145. indorsement thereon, shall appear to have been acknowl- edged or proved in part, the successor may receive the complete acknowledgment or proof according to law, and record the same, making his certificate conform to the facts. 6 27. Where the office of any county court clerk has Maycoret er ro, it any, by th. been or may hereafter be vacated, leaving therein any rifun ;; .. duun instrument of writing recorded in his office, the original n1gn- name ot of which has never been taken therefrom, and in the re- b cord of' which, or the authentication thereof, there is an A. 1sa, It, 13. error or omission, by deviation from the original, it shall be the duty of the successor to correct such record, by making it an exact copy of the original instrument and authentication. And whenever the clerk who has vacated his office, shall have failed to put his name to the certificate on any in- strument of writing which he has recorded, or to the re- cord thereof, and the original shall not have been remnoved from his office, the successor shall sign the name of the deceased clerk to the same, and shall iake a note on the record, at the foot of the certificate, of any act done as aforesaid. 28. No commission shall be necessary to take the ac- so commlsalna t. take iicknowl knowlcdgment or proof of any instrument of writing, pre- edgmtet. paratory to the recording of the same. 29. Certified copies of all instruments legally recorded Copinevidence. shall be prima facie evidence, in all courts and tribunals of this state. 30. Instruments which have been or may be recorded, O,gi.l tabs shall be delivered to the party entitled to the same. .o..tetitled. 3 1. Where any married woman shall heretofore, joint- certai. privy c- ly with her husband, have executed a deed for any proper- prima 1aie. ci- ty, with a view to pass her estate therein, and shall have A. 's49,so. 20 201 CO NVEY A N'C E., acknowledged the same, separately and apart from her husband, before any officer having the power to take and certify the acknowledgment or proof of deeds, and the same has been recorded in the proper office in due time, as required by law, the deed so recorded, or a copy from the record thereof, shall be prima fade evidence, in all courts and tribunals, that the deed was freely and voluntarily ex- ecuted and acknowledged. But this provision shall not be held to embrace a certifi- cate which on its face shows that only a relinquishment of dower was intended. 32. No deed shall be held to be legally lodged for re- Tx 'lotpuidCef, cord until the tax be paid thereon. Setof. 33. It shall be the duty of each county court clerk, orddedrd- konce in each year, at the April or M11ay term, to advertise, by clerk. in writing, at the court house of his county, a list of all L M deeds in his office unrecorded, and the reason why each one has not been recorded. 34. The clerk of each county court shall make and bCras 14to keep an alphabetical cross index of all conveyances here- be made to all deeds heretorore tofore or hereafter recorded in his office; and he shall, and bherealer re- corded. when a mortgage or deed of trust is lodged in his office for L .47. record, forthwith place the names of the parties to such mortgage or deed of trust upon the cross index of his of- fice. 35. Nothing contained in this chapter shall be held to enlarge the powers of infants or persons of unsound mind. CHAPTER XXV. COSTS. P l. A poor person residing in this state may be allowed 'P'o'' by a court to sue or defend a suit therein, without paying V. R.70C. fees or cost, whereupon he shall have any counsel that the X & B.&3 . court may assign him; and from all officers all needful ser- vices and process, without any fees to them therefor, except what may be included in the costs recovered from the op- posite party. 2. The law of costs shall not be interpreted as penal urw, how con- laws. 3. When a non-resident or any corporation, except a arm netrX bank incorporated by this state, shall institute a suit or 202 coMr. action in any court or before any justice of the peace, mS &B .,24, whether suing in his own right or as the representative of 9 another, he shall, before the commencement thereof, give an obligation, with good security resident in the state, in the clerks3's office of the court, or in the office of the jus- tice of the peace, as the case may be, payable to the de- fendant, binding the plaintiff to pay all costs that may ac- crue in consequence thereof, either to the opposite party or to any of the officers of such justice of the peace or court. 4. When any resident of this state, in his own right or Plaintif renoy. in his representative character, shall institute a suit or ac- 6g to give 0ty. tion in any court, or before any justice of the peace, and M. &B. 63. shall, pending such suit or action, remove from the state, such person shall give good surety for the costs of the suit, as provided in the preceding section. 5. If any action or suit shall be instituted by any per- iblenrelrwtyfaf son without previously giving an obligation with surety, as provided in the section next preceding the last, it shall not be a ground for abating the suit or action, if such surety be given on or before the calling of the cause for trial, at the first term of the court after the institution thereof. If the plaintiff fail to give surety for costs, as Suit d o required by the provisions of this chapter, his suit shall be for failur dismissed. 6. When the commonwealth shall be unsuccessful in Nocodegai.s any case prosecuted in her own right, no judgment for cnmnonth. costs shall be rendered for the opposite party. 7. When a party to a suit or action shall pray for and coe toncontin- obtain a continuance thereof, he shall pay the costs accru- ing at that term of the court; and the costs of the opposite M. & B. 317,47. party shall accordingly be adjudged to him, and may be coerced by execution. 8. When a plaintiff in any suit or action shall be non- On non..it, suited,he shall be adjudged to pay the defendant his costs, M B and two dollars besides; and if the defendant's abode be more than twenty-five miles from the place of holding the court, the plaintiff shall also be adjudged to pay the de- fendant seven cents for each mile over twenty-five. 9. When a judgment shall be arrested, the party corm- On a.est of judg-ent. mitting the error shall be adjudged to pay the costs occa- sioned thereby. M & B. 39., 457 10. When the pleadings in any suit or action shall be On ameudmen amended by either party, and such amendment shall be X & B. o4. 203 C08TE. the ground of a continuance, the party making such amend- ment shall pay the costs of the term. II. When a witness shall be attached for alleged con- On -atachment tempt in a civil case, he shall pay the costs of such attach- ment, unless it shall appear that he was wholly free from M & B. 702. neglect or blame. The party moving the attachment, or the commonwealth, may, on the trial, introduce evidence. If the witneas appear free from neglect or blame, the par- ty moving the attachment shall be adjudged to pay the costs thereof. 12. The defendant, in all prosecutions for a misde- ftproscutions meanor, shall, if convicted, be adjudged to pay the costs of M.&B. ISH4L the proceedings against him. 13. The party succeeding in any civil suit or action, In ciWv .uta on the merits or otherwise, shall recover costs, unless dif- M. & B. 7-By ferently provided in this chapter. In actions at law, if the plaintiff shall succeed against part of the defendants, and not against others, he shall recover his costs from the for- mer, and the latter shall recover their costs against the plaintiff. 14. In chancery suits, the party succeeding, on the InChancey. merits or otherwise, shall recover his costs, except against nominal defendants. But when the complainant succeeds against a part of the defendants, he shall recover his costs against such only. Defendants who are necessarynominal parties to a suit, and against whom the complainant does not succeed, shall not recover their costs, but each party shall be decreed to pay his own costs. Defendants who are not necessary parties to a suit in chancery, shall re- cover their costs. But in chancery suits between parce- ners, tenants in common, joint tenants, and for settling the distribution and division of deceased persons' estates, wits to settle partnership4, and to settle or enforce trusts, courts shall have a judicial discretion in decreeing or not decree- ing costs. 1a. Garnishees in common law or chancery cases who Garuitee3. make only a just defense shall not be adjudged to pay & colts, but shall be allowed the legal costs properly expend- ed in their defense. 16. The party prosecuting an appeal or writ of error On appeaol and to the court of appeals, shall recover his costs on the same if he succeed in whole or in part in reversing the decision x.& a vo. of the inferior court. If the decision of the inferior court be affirmed, the appellee or defendant in the appellate court shall recover his costs. If the decision of the inferior 204 COST. court be reversed as to part of the appellees or defendants, and affirmed as to others, the appellant or plaintiff in error shall recover his costs, against the defendants in error as to whom the case shall be reversed, and shall be adjudged to pay the defendants in error, as to whom it is affirmed, their costs. 17. When an appeal or writ of error or traverse shall On .ppels.&c. be prosecuted in the circuit court to a judgment of the Circitc-a. county court or a justice of the peace, or in the county court A. 1847-8,61. from the judgment of a justice of the peace, and the de- M.& B.472-3. fendant, before the appeal or traverse is taken, shall tender to the plaintiff the amount he is willing to pay, and the same shall be refused, and the amount recovered upon the appeal shall not exceed the amount tendered, the original plaintiff, if he is the appellant or plaintiff in error or tra- verser, shall not recover his costs, but shall pay the costs in the court trying the appeal or writ of error or traverse; but if the decision on such appeal, writ of error, or tra- verse is more favorable to the party prosecuting the same than the decision of the inferior tribunal, he shall recover his costs on the same if no such tender be made, or not enough shall be tendered. 18. If the party appealing or prosecuting a writ of er- Wb.n. prtyue 11 dced in part. ror or traverse from the judgment of the county court or of a justice of the peace to the circuit court, or from a judgment of a justice of the peace to the county court, shall succeed in part in the same, but shall not succeed as to the whole controversy, the costs in the county court or before the justice shall be adjudged to be paid as if the same decision had been given there which the circuit or county court shall give on the appeal, writ of error, or tra- verse. 19. A personal representative, plaintiff, or defendant Personal aepre. in any case shall, if unsuccessful, be adjudged to pay costs as other litigants. The judgment or decree for costs in M. &B.6 =4. such case shall only be against the assets which have or may come to his hands. 20. A prosecutor, next friend, or relator, shall, upon the failure of the prosecution, suit, or action, be adjudged friend.&c. to pay to the person prosecuted or sued his costs. If the x .& S.447,4-2 plaintiff succeed, the prosecutor, next friend, or relator shall be adjudged his costs against the defendant. 21. When an injunction shall be dissolved, the plain- On inJunctons. tiff shall be decreed to pay the costs occasioned by the M. & B. C1. Same. 205 cot47 22. When a party to a suit or action shall obtain fur- Parur obtainin5 ther time to plead or to amend his pleadings, the court M B.&4;. shall adjudge him to pay the costs occasioned thereby. 23. Any person applying for a passway, or to remove Applicatloi for a passway, whether successful or not, shall pay the costs p-a)aC, of the procedure in the inferior court. 24. When a party to a suit or action shall give the op- dFilure to at- posite party notice to take a deposition, and shall fail to ainious. take the same accordingly, unless such failure be on ac- count of the non-attendance of the witness, not occasion- ed by the party giving the notice, or some other unavoida- ble cause, the party notified, if he shall attend himself, or by agent, agreeably to the notice, shall be entitled to one dollar per day for each day he may attend under such no- tice, and to six cents per mile for every mile that he shall necessarily travel in going to and returning from the place designated to take the deposition, to be allowed by the court where the suit shall be pending, and for which exe- cution may issue. 25. An- person who shall take steps in any court to On proceedings remove any officer from office, and from any cause fail in to renuui'. officer. so doing, shall pay such officer his costs expended in the IC & B. 418. defense of such procedure. If the officer shall be removed by such procedure, then the person instituting and carry- ing on the same shall be adjudged his costs against such officer. 26. When by any procedure a cause shall be taken Cots adjudged from one tribunal to another, and the latter shall give final tytbc, 'v j udgment, or decree, and proceed to execute the same with- out remanding the cause to the inferior tribunal, the court rendering such final decision shall adjudge costs agreeably to the provisions of this chapter, and issue execution there- for. 27. The clerk of each court shall, after the termination T ntloOf osfs, of a suit or action, or any other procedure therein, tax the m & M. ]3g costs of the successful party on a paper filed among the other papers in the cause, for the inspection of the parties, which taxation shall be subject to revision and correction by the court, by rule or motion, due notice thereof being first given. 28. When a cause is continued at the cost of either Continuaus at party, a like taxation of the costs of that term shall take tosta Paurer place and be subject to the same revision and correction. 29. A motion or rule of court shall be considered an Mtion or rule action, but when made in a pending suit or action, an at- 206 COST. torney's fee shall not be paid or recovered as a part of the costs of the motion or rule. 30. Where a suit or action is in the name of one person sultm lotttiehei. for the benefit of any other, and that fact appears on the record, if there be a judgment or decree for the defendants V. B. 7t6. costs, it shall be against the plaintiff and the person for whose benefit such suit is prosecuted. In such suits or ac- tions the officers' and other fees shall be charged to and paid by the plaintiff and the person for whose benefit the same is prosecuted. 31. The party to whom a new trial is granted upon the sem trial. payment of costs shall, previous to such new trial, pay the costs of the former trial. If he fail to pay the same at or before the time the cause is reached for trial at the next term of the court after the new trial is granted, the court may, on the motion of the opposite party, set aside the or- der granting a new trial, and enter judgment on the ver- dict rendered in the case. 32. In suits for alimony and divorce the husband shall ornmony dd1 pay the costs of each party, unless it shall be made to ap- pear in the cause that the wife is in fault, and has ample estate to pay the same. 33. Whenever either party to a suit or action in any pyheneither court shall be insolvent, or in doubtful circumstances, and such party shall recover a judgment or decree for the costs M. d IL477. of a suit or action, or for a continuance thereof, the court, on motion of any person interested, shall indorse the costs so recovered, or so much thereof as may be necessary, for the benefit of the officers and witnesses who shall have rendered service in the case, so far as the same are em- braced in the judgment or decree then rendered, and there- upon they shall be entitled to so much of the costs as will satisfy and pay such of their respective fees. The indorse- ment shall secure the officers and witnesses a preference to all transfers or sets-off. The indorsement shall be copied on the execution that issues for the costs, and shall show what part each officer and witness is entitled to, and au- thorize each to receive the amount so indorsed when the costs are collected. 34. In proceedings by habeas corpus, the judge or court Htbeascorpus. before whom the same shall be returned may award costs to be paid, including pay for transporting the prisoner, as v- t.614. shall seem right. 35. In the settlement of insolvent estates, a party who settlemet or shall present a claim against the estate of the deceased Insolent estates. 207 colon which is not allowed shall pay the costs occasioned there- by, except an attorney's fee. No attorney's fee shall be al- lowed any claimant in any case against an insolvent es- tate, unless the same shall be contested before a jury, and be allowed on final decision. 36. The clerk shall tax one attorney's fee only in the bill of costs of the successful party at the termination of ttornys festhe cause, and the tax on process and all fees of officers V. It, co. which the party appears to be chargable with in the case, including postage on depositions. One copy of any of the Costs of copies. pleadings or exhibits obtained shall lie taxed as costS, and the costs of any copies made exhibits; also, the allowance Alloanceto to witnesses, which the court may, by order, confine to not W-itnesses, exceeding two, to any one point. A pplie to joi- 4 37. The provisions of this chapter shall apply to jus- ce.., -.r tices, courts and other like tribunals. CHAPTER XXVI. COUNTY LEVY ART. 1. How and upon whom imposed. ART. 2. Mode of collecting and accounting for county levy. ART. 3. General provisions. A.TCLEr 1. fHow and upon whom imposed. 1. All male persons over twenty-one years of age, and Who tithable. al slaves over sixteen years of age, shall be tithable and chargable for levies imposed for county purposes. The M. & B. 1113. county court authorized to impose levies may exempt per- sons on account of age, infirmity, or other charitable rea- sons, from the payment of the county levy. 2. The assessor of tax in each county, at the time he sessor a, ". assesses the taxable estate, shall demand from each person b, list or h- being tithable a written list of such persons as are titha- ble in his family, including slaves owned by him, on the tenth of January preceding; which list the assessor shall return to the office of the county court at the same time he returns htis assessment of the taxable estate in his county. 3. The master of a family or owner of slaves who are tithable, when called upon for that purpose by the assessor, List to be given nO.-ti. in the mode and manner prescribed for calling upon the 208 C Ol'TY' I.MV. sow COUNTY LEVY. owner of estate to list the same for taxation, shall give in, upon oath, to the assessor, a list of all the tithables owned by him within this state, including himself, on the tenth day of January preceding. If he fail and refuse, when legally called upon to give in such list, or if he give a false -Penity for toeing, or giving and fraudulent list, he shall, upon conviction, be fined in a ' 'a sum not exceeding one hundred dollars, and subjected to the payment of three times the levy imposed upon a titha- ble within the county, to be recovered in the same mode prescribed for the recovery of fines against persons who fail and refuse to list their property for taxation, or who give in a false and fraudulent list of taxable estate. It shall be the duty of the assessor to report all such delin- quents to the county court, and also to make, from the best evidence he can obtain, a true list of all tithables owned by such delinquents, and report the same to the court. 4. Any person who has, from sickness or absence, fail- altart-romc'k. ed to render to the assessor a list of his tithables at the orce. proper time, may return said list at any time to the coun- ty court before judgment against him for such failure, and, by the payment of all costs, be exempted from the tine imposed. The assessorshall not return any person delin- quent under this chapter until he has called at the residence of the party, or made to him a personal application for his list. 5. The assessor, at the time he returns his book to the Aorto gi- clerk of the county court, shall, upon oath, give in to the ciletrik. o clerk a list of all tithables owned by him, including him- self. If he fail or refuse to give in such list, or give a false or fraudulent list, he shall be subjected to the same penal- ties and tax prescribed against like delinquents in the third section of this article. ARTICLE 11. Mlode of collecting and accounting for county Icry. 1. The county levy shall not exceed one dollar and i-,vnsottoe.- fifty cents on each tithable, in any one year. If a sum be Uthabe.5 due by the county greater than can be met by a levy lim- ited to one dollar and fifty cents in any year, the same shall be divided into installments, and payment provided for in the subsequent annual county levies. 2. At the time when the county court imposes the levy, Wht b. b.d the claims against, and the expenses incurred by said book- county, under the authority of any law, and legally charge- M. & B. 1114. able upon the county levy, to whom and for what due, shall 27 be stated on the order book of said court; also, the amount of all moneys or credits on hand, or due or owing the coun- ty, applicable to the payment of the demands against the county, shall be ascertained and stated on the record. For any balance due by the county thus ascertained, the court shall assess on the tithables, equally, a sum sufficient to pay such balance, including the expenses of collection, subject to the limitations in the first section of this article. The court shall specify in its orders the amount to be paid to each individual county creditor, and out of what fund to be paid. 3. The sheriff, by virtue of his office, shall be collector of the county levy, and he shall, at the term of the court togi,. bond with when the county levy is imposed, or at any subsequent sUrns. term of said court, before he proceeds to collect the county levy, execute bond, payable to the commonwealth of Ken- tucky, with one or more sureties, whose aggregate estate, after the payment of all their debts and liabilities, shall be equal to double the amount of the whole levy ordered to be collected, in the form substantially as follows: We, A. B., sheriff of county, and C. D., his surety, Form of bond. jointly and severally bind and oblige ourselves to the coin.. monwealth of Kentucky, that the said A. B., as sheriff, shall well and truly collect, account for, and pay over, to the person entitle to receive the same, according to law, the county levy and public dues of the county of , for the year -; and that he shall, when called upon by the county court, settle his accounts, and pay over the amount, if any, of public money in his hands belonging to said county; and that the said A. B. shall, in all things, well and truly demean himself, and perform the duties of collec- tor of the county levy of said county. Witness our signa- tures this -day of Which bond may be sued upon in the name of the com- monwealth, for the use and at the costs of any person ag- SuitS thereon. . .t . grieved by a violation of the same. 5 4. If the sheriff shall fail or refuse to give such bond, When shriff when required by the county court, he shall forfeit and va- fails2 or rgsseto cate his office of sheriff; and in such case, the county court may appoint a collector of the county levy, who shall give bond with surety, in such form, suited to the oc- casion, as is prescribed in the preceding section, and whose powers and liabilities shall be the same as those of the sheriff, acting as such. 210 COUNTY MAY. 5. The clerk of the county court shall, within ten days Clerk to blab after the execution of bond by the sheriff or collector, as crewtr." required in this article, deliver to such sheriff or collector M a list of the persons chargeable with the payment of coun- ty levy, and the sum to be paid by each; a list of the sums due, and from whom due, to the county; and also a list of persons to whom the county is indebted, and the amount to be paid by the sheriff or collector to each one. The sheriff or collector shall immediately proceed to collect from the persons chargeable with county levy, or otherwise indebted, the amount due, with the same powers, duties, responsibilities, and for the same commissions given and allowed the collectors of the public revenue; and shall pay the same to the county creditors, according to their respective demands, and in obedience to the requirements of law. 6. If the sheriff or collector of county levy shall fail shberiwwut to pay or satisfy the county creditors whose names are of upon the list furnished him by the clerk, the claims due X. Bs ils them respectively on or before the first day of October in each year, if demanded of him, he and his sureties, their heirs, devisees, and personal representatives, shall be joint- ly and severally liable to such county creditor for his de- mand, with ten per centum upon the amount due; which sum may be recovered by a suit on the bond in the circuit MOUo.. court, or by motion in the county court. Notice in writing of such motion shall be given to each party sued, and Notica. served at least ten days before the day of trial; and if not fully served, other notices shall be issued by the clerk to the next term, and the motion continued from court to court, until the parties originally named in the return shall all be before the court, unless the plaintiff abates as to those upon whom the notice is not served. The like remedies are given to the county court when - skerit rerug the sheriff or collector shall refuse to settle his accounts, or t Sttub pay over any money in his hands belonging to the county; and the county court shall be a good and sufficient rela- tor in any suit or motion upon the bond of the sheriff, or collector of the county levy, or any other money collect- ed by a sheriff or other officer in the course of his official duties. 7. lf the clerk fail to perform the duty required of him clerk hlbtp L in the fifth section of this article, he shall forfeit and pay dt for the use of the county, the sum of thirty dollars for each offense, to be recovered by a presentment in a circuit court COVNTY LEVY. 211 of the county having jurisdiction of the offense, or by suit before a justice of the peace. 8. A collector of county levy appointed by the county Collector may court may appoint one or more deputies; he and his sure- ppoint deputie. ties shall be liable for their acts as such, and their liabilities M..&B.1118 to him shall be the same as the liabilities of deputy she- riffs to their principals. 9. It shall be the duty of the sheriff, or the collector of Rrninag de- the county levy, at the same term of the court, and in the 11 C-ts, same manner that the sheriff is required to do in relation to the return of his delinquent list of the public revenue, to return to the county court all delinquents in the payment of the county levy; and he shall, for all such as are allow- ed by the county court, be credited in his settlement with said court. 10. The county court may re-list the delinquents re- Con a IC AL turned, or place the collection of the same in the hands of other persons; and in cases where the delinquents have re- moved to other counties, cause them to be listed with the sheriffs of such counties, who shall collect and account for the same as other public dues placed in their hands for collection. 11. The sheriff of each county shall, at the county Return of delin. court next preceding the expiration of his office, make a que re-list, return in writing, verified by his oath, of delinquents re- listed with him by said court, and the amount collected of the same during the time he was in office; and where he has not collected the money from any delinquent, he shall, if known to him, state his residence. ARTIChE W1. Gtneral Proviss. I. The county court, except for the county of Jefferson, aJ.ority Or a unless composed of a majority of the justice of the peace tUence of said county in commission, shall not have power to usr hity dollars make appropriations of the county revenue, or to make A. 1WO41. any charge thereon greater than fifty dollars for any one X B. 1119. object; nor shall any such appropriations or charges ex- ceed, at any one term, the sum of one hundred dollars in the aggregate. 2. The court, in imposing the levy, may add a sum, At[Il,mcrb over andi above the claims allowed and debts due by the d'fldt. county, which, in their opinion, will be sufficient to meet the probable deficit or loss in collection. 212 COUNITY LMSS. 3. A county creditor, though his claim is ordered to he Ruitby county paid by the court, after the county levy for the year has been imposed, may, nevertheless, sue for and recover his claims of the sheriff or collector, or their respective sure- ties, as other county creditors, if there be in the hands of the sheriff or collector a sufficient sum to pay him, after de- ducting the previously allowed claims. 4. Slaves hired or resident in another county, shall be Sm;Ies hrc id listed as tithables by the owner, and the levy paid in that M& , county in which he shall reside. 5. The inhabitants of every city and town whose cor- Poor. porate authorities, by law, have power to provide for their poor, to keep their streets and alleys in order, and who do the same, shall not be deemed tithables, or required to pay county levy under the provisions of this chapter. 6. The county court shall, in the month of September, settlement or the in each year, and oftener if it be advisable, cause a settle- menors acu 1 ment of the sheriff's or collector's accounts concerning the county levy to be made and reported to the court; and for that purpose shall appoint some competent person as com- missioner; and upon receipt and approval of said report, shall make such order concerning the remainder of the mnoney, if any, due to the county, as they may deem ne- cessary for its safe-keeping 7. When a jailer or constable may have rendered ser- A II0owncto vices to the commonwealth, the payment of which is not, j by law, made at the treasury, the court shall allow the M .& B. utm2, same as a charge upon the county levy. 213 COUNTY LFV Y. COURTS. CHAPTER XXVII. COURTS. ART. 1. Court of Appeals, jurisdiction of. ART. 2. General Provisions. ART. 3. Appellate Judicial Districts. ART. 4. Special Judges of Court of Appeals. ART. 5. Mode and manner of proceeding in Court of Ape peals. ART. 6. Decisions to be reported. ART. 7. Circuit Courts, their appellate jurisdiction. ART. 8. Original jurisdiction. ART. 9. Power of Judges out of Court. ART. 10. Judic.ial Districts. Av[L. 11. Place and time of holding Circuit Courts. ART. I . Special Terms. ART. 13. Election of Special Judges. ART. 14. Duties of Court in general continuances of cases not tried. ART. 15. The Franklin Circuit Court made the Fiscal Court of the Commonwealth. ART. 16. Quarterly Courts, original jurisdiction of. ART. 17. Powers of Presiding Judge of County Court. ART. 18. When and where Quarterly Courts to be held, and their duties. ART. 19. County Courts, their original jurisdiction. ART. 2(1. Appellate jurisdiction of. ART. 21. Who to compose a County Court, and the duties, purposes, -&c., of same. ART. 22. Concerning the settlement of the accounts of Fidu- ciaries, &c. ART. 23. Justices of the Peace, their jurisdiction in criminal and penal cases. ART. 24. Jurisdiction in civil matters. ART. 25. Chancery jurisdiction of a Justice of the Peace. ART. 26. Concerning Justices' Courts, &c. AaR. 27. In trials before Justices, parties may be sworn. ART. 28. Lost Judgments. ART. 29. Miscellaneous Provisions. ARTICLE I. Court of Appeals, jurisdiction of. 1. The court of appeals shall have jurisdiction, by ap- lurjsdiction. peal or writ of error, in matters of law, from the final or- der, judgment, or decree of any inferior court, except as otherwvise provided in this chapter. 214 21S COURTI. No appeal shall lie unless where the order, judgment, or cae under SILO. decree relates to an office, franchise, or freehold, or is against a divorce, if the matter in controversy does not amount, in value, to one hundred dollars, exclusive of in- terest and costs. 1. No writ of error or appeal shall lie in cases of felony; co.w in which nor from a judgment under the acts concerning riots, of er'rOr Ieth. routs, unlawful assemblies, and disturbances of religious worship; nor from a judgment, order, or decree from which an appeal is allowed to the circuit or county court; nor to a judgment of the county court disposing of an appeal thereto; nor from an order or judgment of any court pun- ishing a contempt; nor from the judgment of a justice of the peace, or the presiding judge of a county; nor from the judgments in any case of any tribunal not having ju- risdiction in such cases beyond that of a justice. 2. No writ of error shall lie to a bond having the force of a judgment. ARTICLE IT. Gcneral Provisions. 1. The court of appeals has power to administer Oh.vcon oaths, punish contempts, make rules for the government of M i. 4. its proceedings, not contrary to law or the constitution. 2. A judge of the court of appeals shall have the Reinstating Ln. power to reinstate attachments, injunctions, and restrain- iunstio. ing orders. ARTICLE 111. Appcllatc Judicial Districts. i 1. The state is divided into four appellate judicial Four distrcts. districts, as followS: N. art 4. 1. The first district shall be composed of the counties of Firs. Mason, Nicholas, Bourbon, Clarke, Madison, Rockcastle, Lewis, Fleming, Bath, Montgomery, Estill, Laurel, Whit- ley, Harlan, Knox, Clay, Owsley, Letcher, Perry, Breath- itt, Morgan, Lawrence, Carter, Greenup, Johnson, Floyd, Pike, and Pulaski. (a ) 2. The second district shall be composed of the counties Secomd. of Bracken, Pendleton, Campbell, Kenton, Boone, Galla- ( a ) The county of Powell was formed out of counties em- braced in this district, by act of January 7, 18o2, but no express prosision of law moade attaching it to any appellate district. tin, Carroll, Trimble, Henry, Owen, Grant, Harrison, Scott, Fayette, Jessamine, Garrard, Boyle, Mercer, Anderson, Franklin, Woodford, Shelby, and Oldham. 3. The third district shall be composed of the counties Third. of Jefferson, Bullitt, Nelson, Spencer, Hardin, Meade, La- rue, Hart, Barren, Monroe, Cumberland, Clinton, Wayne, Russell, Casey, Lincoln, Washington, Marion, Taylor, Green, and Adair. 4. The fourth district shall be composed of the counties Fourths of Fulton, Hickman, Ballard, McCracken, Graves, Callo- u ay, Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, Trigg, Todd, Logan, Simpson, Warren, Allen, Christian, Henderson, Muhlenburg, Daviess, Ohio, Butler, Edmonson, Hancock, Grayson, and Breckinridge. ARTICLE IV. Special Judges of the Court of Appeals. 4 1. Whenever a majority of the judges cannot sit on the trial of a cause or causes pending in said court, for the Governor to or le.t specia] judge, reasons prescribed in the constitution, the governor shall New Con.M 4 fselect a judge or judges from the members of the bar, or circuit judges of the state, to act with the other judges, as the court, in hearing and deciding such cause or causes; the court shall appoint a day for the trial of such cause or causes; and the court, so organized, may meet and ad- journ from day to day, until it disposes of its business. 4 2. If any of the special judges, so selected, refuse Failure toacL or fail to act, the vacancy may be supplied in like manner. 4 3. When it becomes necessary to select judges, as pro- Relction enter- vided in the preceding sections, the court shall make edof record, an entry of the fact on its record, and cause a copy of it to be delivered to the governor, who shall, thereupon, se- lect and commission special judges for the occasion, and cause their commissions to be delivered to them; and the clerk shall notify the persons selected of the time fixed for the trial of the cause or causes. 4 4. The parties may select the judge or judges provi- Parties may select ded for in the preceding section, or permit any one of the judges of the court of appeals to make the selection; and the judges so selected may proceed to act without com- missions. 4 5. Every judge of the court of appeals, and every per- OatL son selected for the trial of special causes, before he enters M. & B. 1 on the discharge of his duties, must, in addition to the 216 COURBTS. COURTS. oaths prescribed in the constitution, take the following oath: 1, A B, do solemnly swear, (or affirm,) that I will admin- ister justice without respect to persons, and do equal right to the poor and to the rich; and I will faithfully and im- partially discharge all the duties incumbent on me as a judge of the court of appeals, according to the best of my ability. 6. The commissions of judges, the selection of tempo- Entries on order rary judges, the reason for such selection, and the fact that the requisite oaths have been taken, must be entered on the order book of the court. ARTICLE V. Ma.de and manner of proceeding in Court of Appeals. 1. The writs and process, and mode of proceeding in Writs.Prcs, the court of appeals, as nowv established, shall remain un- til changed or abolished by rule or order of court. 2. No suit, process, matter, or thing returned to or so diacontinu- pending in the court of appeals, shall be discontinued, al- q want of though a quorum of judges may fail to attend at the corm- B. &, B.458. mencement, or on any other day of a term. 3. If a quorum of the judges do not attend on the first Adjournmoets. day of the term, the court shall stand adjourned from day . B to day for ten days, unless a quorum sooner attend. If, for any cause, the court does not sit on any day of a term, the court shall not be thereby adjourned, but may meet again and proceed to business on another day prior to the next succeeding term. 4. The court may adjourn from time to time to suit its M. & .481. convenience, not beyond the commencement of the next regular term; and if, for any cause, a quorum be not pres- ent, the judge or judges in attendance may so adjourn. The period of such adjournment shall not be computed under the rules of the court a part of the term. 5. All process issued from the court shall bear teste in Tests. the name of the clerk. M.& &481-- 6. The decisions of the court must be so written as to DecIaIo. show the governing principle thereof, except in cases in- volving matters of fact only. The court must deliver written opinions on all motions Written opin- made in the court, which involve any principle of law or Iono. rule of practice not previously settled by the court, and reported. 28 7. The court shall annually appoint one of the Judges larptilonof thereof to inspect the clerk's office of the court, and to re- port its condition to the next term thereof; which report R. & B. 4ce. shall be placed on the records of the court, and such action taken thereon as may seem proper. 8. If the court is equally divided in the decision of a Court divideL cause, the judgment, decree, or order of the inferior court M. &i.479. is to stand affirmed. 9. The court shall annually hold two terms, commenc- Two term an, ing on the first Mondays in June and December, and shall DUallY. L 155. sit forty-eight juridical days at each term, and longer if the A. IW8a business require it. ARTICLE VI. Decisions to be rxpo-tcd. 1. The court of appeals shall, biennially, appoint a Reponw. reporter of its decisions. M.& B. . 1. The appointment must be entered on its records. 2. The court shall direct what decisions, delivered by it, are to be published. 2. The reporter shall have the decisions of the court Report bt printed in letters and on paper of proper size and of supe- M.&B.4. rior quality. 3. The reporter shall be allowed by the state after the Compenetion. rates of one dollar for every one hundred pages of the de- cisions, tables, and indexes so printed and well bound in -.& B.456. calf skin, with good indexes and marginal notes. 1. The court must certify that the work meets their ap- Cours cerhfi. probation, and was published by their consent. cate. 2. Upon the deposit of two hundred copies of a volume Deposit with of reports so published with the secretary of state, the sec- secreirY. rctary shall draw an order on the auditor of public ac- counts for the price, which shall authorize the auditor to is- sue a warrant on the public treasury for such price. ARTICLE Vts. Circuit Courts, their app-llate jurisdiction. 1 1. Appeals and writs of error lie from the decisions of Appels. &c. county courts to the circuit court of the same county, in all from c.utycuurts controversies concerning the establishing, alteration, or dis- N.& S. ,CO 140. continuance of ferries, roads, and passways, and in all 142. cases concerning the probate of wills, and from orders con- cerning mills or water works, and from orders refusing or allowing dams to be built across water courses. DIS Born. 2. Appeals lie to the circuit court from the decisions of From quarer the quarterly courts, and of justices of the peace, and of g. DA j other tribunals having the like civil jurisdiction as justices of the peace, in all civil cases where the amount in con- troversy, exclusive of interest and costs, is sixteen dollars and upwards; and in all actions of trespass, and trespass on the case, before justices of the peace, the party ag- grieved shall have the right of appeal to the circuit court of the county in which the case is tried. ARTICLE VIUI. Original jurisdiction. 1. The circuit court has original jurisdiction of all mat- OdlgiuuI Juis- ters, both in law and equity, within its county, of which dctai". jurisdiction is not, by law, exclusively delegated to some other tribunal; and has all power necessary to carry into effect the jurisdiction given. ARTICLE IX. Power of Judges out of Court. 1 1. Each circuit judge shall be a conservator of the Powunor jde peace throughout the state. out o curt. And he may grant writs of error corm vobis et nobis. ARTICLE X. Judicial Districts. 1. The state shall be divided into twelve circuit court Twelve dilauta. judicial districts, as follows: First District-Fulton, Hickman, McCracken, Graves, Calloway, Marshall, Livingston, Crittenden, and Ballard. Second District-Caldwell, Trigg, Christian, Todd, Hop- kins, Union. and Henderson. Third District-Davi ess, Hancock, Ohio, Grayson, Breck- inridge, Meade, Hardin, MIuhlenburg, and Larue. Fourth District-Butler, Logan, Si rnpson, Allen, Monroe, Barren, hhart, Edmnonson, and Warren. Fifth District-Cumberland, Clinton, Wayne, Pulaski, Casey, Lincoln, Taylor, Green, Adair, and Russell. Sixth District-Bullitt, Jefferson, Spencer, and Shelby. S&vcnth District-Nelson, Washington, Marion, Mercer, Boyle, Garrard, and Anderson. Eighth District-Oldham, lenry,Trimble, Carroll, Owen, Gallatin, Boone, Grant, and Kenton. Ninth District-Campbell, Pendleton, M1ason, Bracken, Nicholas, Harrison. Bourbon, and ScotL 1919 COssla mW COuRTS. Tenth District-Bath, Fleming, Lewis, Greenup, Carter, Lawrence, Montgomery, Morgan, and Powell. Eleventh District-Franklin, Woodford, Jessamine, Fay- ette, Madison, Estill, and Clarke. Twclfth Distrct-Rockcastle, Knox, Harlan, Laurel, Whitley, Clay, Perry, Owsley, Letcher, Breathitt, Floyd, Pike, and Johnson. ARTICLE Xi. Place and time of holding Circuit Courts. 1 . A circuit court shall be holden at the court house in each of the counties in the state. It shall be a court of record. The terms shall be holden at the times required by law. 2. When the business of the court may require it, the Terms msr be judge, by order of the court, shall extend the term of such .xt..dd. court, when it can be done without interfering with any other term of the court in his, district. 3. The circuit courts for the several counties, in each A4. 'i5-0I, and circuit court judicial district in this commonwealth, shall 1IM-2. commence in the counties at the times hereinafter speci- fied, and be held the number of juridical days allotted to each term, if the business of said court shall require it, viz: First district. I'IR.Sr DSTRIFT. In the county of Fulton, on the first Mondays in March Fulton. and September, and continue, each, twelve juridicaldays. In the county of Hickman, on the third .Mondays in Blcltman. March and September, and continue, each, twelve juridi- cal days. In the county of Ballard, on the first Mondays in April Bollard. and October, and continue, each, twelve juridical days. In the county of McCracken, on the third Mondays in U'C,"k.ck. April and October, and continue, eachi, twelve juridical days. There shall, also, be held a termn for the trial of chancery and criminal causes, in McCracken, commenc- ing the tirst Monday in July, and continuing six juridical davys. In the county of Marshall, on the first M1ondays in May UarshII. and November, and continue, each, six juridical days. In the county of Callowvay, on the second Mondays in Calloway. May and November, and continue, each, twelve juridical day,. In the county of Graves, on the fourth Mondayi in May Grae.. and November, and continue, each, twelve juridical days. In the county of Livingston, on the second Mondays in uiinguton. June and December, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Livingston, commencing the fourth Monday in July, and continuing six juridical days. In the county of Crittenden, on the fourth Monday in critted. June and on the first Monday in January, and continue, each, twelve juridical days. SCcoiD DISTRICT. 1ce14 strict. In the county of Trigg, on the last Mondays in Febru- Trg. ary and August, and continue, each, twelve juridical days. In the county of Caldwell, on the second Monday in CaIdwlil. March, and continue eighteen juridical days, and on the second Monday in September, and continue twelve juridi- cal days. There shall, also, be held a chancery term, in Caldwell, commencing the second Monday in July, and continuing two weeks. In the county of Christian, on the first Monday in April ChristUan and the last Monday in September, and continue, each, eighteen juridical days. There shall, also, be held a chancery term, in Christian, commencing the first Monday in August, and continuing two weeks. In the county of Union, on the fourth Monday in April Uion. i and the third Monday in October, and continue, each, twelve juridical days-unless there are five Mondays in said months, and then eighteen juridical days each. In the county of Hopkins, on the second Monday in Horkins. May and the first Monday in November, and continue, each, twelve juridical days. There shall, also, be held a chancery term, in Hopkins, commencing the first Monday in July, and continuing six juridical days. In the county of Henderson, on the fourth Monday in Henderson. May and the third Monday in November, and continue, each, twelve juridical days. In the county of Todd, on the second Monday in June Todd. and the first Monday in December, and continue, each, twelve juridical days. TIllEDDISTRICT. Third district In the county of Daviess, on the first Mondays in Mtarch Daies and September, and continue, each, twelve juridical days. 221 COURTILG There shall, also, be held a term for the trial of chancery and criminal causes, in Daviess, commencing on the Mon- day succeeding the fourth Monday in May, and continue twelve juridical days. In the county of Hancock, on the last Mondays in Au- Hwsock. gust and February, and continue, each, six juridical days. In the county of Breckinridge, on the fourth Mondays Breckidridge. in March and September, and continue, each, six juridical days. In the county of leade, on the first Mondays in April M-ad., and October, and continue, each, twelve juridical days. In the county of Hardin, on the third Mondays in April H rdiu. and October, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes only, in Hardin, commencing the sec- ond Monday in July, and continuing twelve juridical days. In the county of Larue, on the first Mondays in May berm and November, and continue, each, six juridical days. In the county of Grayson, on the second Mondays in Grsayo. May and November, and continue, each, six juridical days. In the county of Ohio, on the third Mondays in May Ohio. and November, and continue, each, six juridical days. In the county of Muhlenburg, on the third Mondays in Mubktnburg March and September, and continue, each, six juridical days. Fourh diatrid. FOURTH DSRIFRT. In the county of Logan, on the first Monday in March toga.. and second Monday in August, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Logan, com- mencing the second Monday in July, and continuing two weeks. In the county of Simpson, on the third Monday in March Bkmpve3. and fourth Monday in August, and continue, each, twelve juridical days. In the county of Allen, on the first Monday in April and Alto. second Monday in September, and continue, each, twelve juridical days. In the county of Monroe, on the third Monday in April angow. and fourth Monday in September, and continue, each, six juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Monroe, com- 292 COUR7L coUrMa mencing the fourth Monday in July, and continuing six ju- ridical days. In the county of Barren, on the fourth Monday in April Barren. -and first Monday in October, and continue, each, eighteen juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Barren, comn- mencing the second Monday in January, and continuing two weeks. In the county of Edmonson, on thie third M2onday in Edmotnon. May and fourth Monday in October, and continue, each, six juridical days. In the county of Butler, on the fourth Monday in May Bulser. and first Monday in November, and continue, each, six ju- ridical days. In the county of Hart, on the first Monday in June and Hart. second Monday in November, and continue, each, twelve juridical days. In the county of Warren, on the fourth Mondays in Warren. June and November, and continue, each, eighteen juridi- cal days. FIMFrDISTRICT. Fifth district In the county of Green, on the second Mondays in Feb- Cren. ruary and August, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes only, in Green, commencing the second Monday in June, and continuing six juridical days. In the county of Taylor, on the fourth Mondays in Feb- Tenor. ruary and August, and continue, each, twelve juridical days. In the county of Casey, on the second Mondays in camy. March and September, and continue, each, six juridical days. In the county of Lincoln, on the third Mondays in Linccln. March and September, and continue, each, twelve juridical days. In the county of Pulaski, on the first Mondays in April Pula I and October, and continue, each, twelve juridical days. There shall, also, be held a terl for the trial of chancery and criminal causes only, in Pulaski, commencing the second Monday in July, and continuing six juridical days. In the county of Wayne, on the third Mondays in April Way". and October, and continue, each, six juridical days. There shall, also, be held a term for the trial of chancery and criminal causes only. in WVayne, commencing the first Monday in July, and continuing six juridical days. In the county of Russell, on the fourth Mondays in Rau. IL April and October, and continue, each, six juridical days. In the county of Adair, on the first Mondays in May and Adsir. November, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes only, in Adair, commencing the third M1onday in June, and continuing six juridical days. In the county of Cumberland, on the third Mondays in camsb.,Iind. May and November, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes only, in Cumberland, com- mencing the fourth Monday in June, and continuing six juridical days. In the county of Clinton, on the first Mondays in June Clinton. and December, and continue, each, six juridical days. Sixth eistkt. SIXTH DISTRICT. In the county of Jefferson, on the second Monday in Jeff.1sov. January, and continue forty-eight juridical days; on the fourth Monday in M1ay, and continue forty-two juridical days; on the third Monday in July and continue twelve juridical days; on the first Monday in November, and continue forty-two juridical days. In the county of Shelby, on the third Mondays in a.mp,. March and September, and continue, each, twelve juridi- cal days. In the county of Bullitt, on the second Mondays in fil:att. April and October, and continue, each, twelve juridical days. In the county of Spencer, on the third Monday in May Spencer. and fourth Monday in October, and continue, each, six ju- ridical days. Feventh district. SEVENTII DISTRICT. In the county of Boyle, on the second Mondays in Feb- BeaIe. mruary and August, and continue, each, twelve juridical lays. There shall, also, be held a term for the trial of chancery and criminal causes, in Boyle, commencing the fourth Monday in November, and continuing one week. In the county of Nelson, on the last Mondays in Febru- Ilelsoy. ary and August, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of 224 CoUtS.r chancery and criminal causes, in Nelson, commencing the second Monday in June, and continuing two weeks. In the county of Washington, on the second Mondays W-hi-e- in March and September, and continue, each, twelve ju- ridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Washington, com- mencing the fourth Monday in June, and continuing two weeks. In the county of Marion, on the fourth Mondays in m-ri,. March and September, and continue, each, twelve juridi- cal days. There shall, also, be held a term for the trial of chancery and criminal causes, in Marion, commencing the first Monday in June, and continuing one week. In the county of Mercer, on the second Mondays in Mercer. April and October, and continue, each, twelve juudical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Mercer, commencing the third Monday in July, and continuing one week. In the county of Anderson, on the fourth Mondays in And on. April and October, and continue, each, twelve juri dical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Anderson, commencing the second Monday in July, and continuing one week. In the county of Garrard, on the second Mondays in Garrard. May and -November, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Garrard, commencing the fourth Monday in July, and continuing one week. EIGHTH DISTRICT. El hth dtiscL In the county of Kenton, at Covington, on the first Mon- Kenton. days in March and October, and continue, each, eighteen juridical days; and at Independence, on the second Mon- day in June and the first Monday in December, and con- tinue, each, six juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, at Covington, in Kenton county, commencing the first Mon- day in July, and continuing twelve juridical days. In the county of Carroll, on the fourth Mondays in CarrOIL March and August, and continue, each, six juridical days. In the county of Henry, on the first Monday in April, Hurny. and continue twelve juridical days; and on the first Mon- day in September, and continue six juridical days. -29 a2s COURT& Xim COURTS In the county of Grant, on the third Monday in April, Gr-tt. and continue six juridical days; and on the second Mon- day in September, and continue twelve juridical days. In the county of Owen, on the first Monday in May, and Owen. continue twelve juridical days; and on the second Mon- day in November, and continue six juridical days. In the county of Gallatin, on the fourth Mondays in April and September, and continue, each, six juridical days. In the county of Boone, on the third Monday in May soos., and fourth Monday in October, and continue, each, twelve juridical days. In the county of Oldham, on the first Monday in June Oldam. and third Monday in November, and continue, each, six juridical days. In the county of Trimble, on the third Monday in June Tflbk. and fourth Monday in November, and continue, each, six juridical days. iliath district. NINTI DISTIRIT. In the county of Scott, on the fourth Mondays in Febru- cott. ary and August, and continue, each, twelve juridical days. In the county of Bourbon, con the second Mondays in Bourbo. March and September, and continue, each, twelve juridi- cal days. There shall, also, be held a term for the trial of chancery and criminal causes, in Bourbon, commencing the second Monday in July, and continuing one week. In the county of Nicholas, on the fourth Mondays in Nicbohl& March and September, and continue, each, twelve juridical days. In the county of Mas.on, on the second Mondays in Mason. April and October, and continue, each, eighteen juridical days. In the county of Bracken, on the first Mondays in May and November, and continue, each, twelve juridical days. In the county of Harrison. on the third Mondays in M ay Bariison. and November, and continue, each, twelve juridical days. There shall, also, be held terms for the trial of chancery and criminal causes, in Harrison, commencing the third Monday in July, and continue one week; and the second Monday in February, and may continue twelve juridical days. In the countyof Pendleton, on the first Monday in- June, and continue twelve juridical days; and on the first Mon- Pend-eton. day in December, and continue six juridical days. In the county of Campbell, on the third Monday in June C-pbeIL and second Monday in December, and continue, each, twelve juridical days. TENTII DlSMRICT. Tenth district. In the county of MIontgomery, on the first Mondays in Montgom. March and September, and continue, each, twelve juridi- cal days. In the county of Bath, on the third Mondays in March Bath and September, and continue, each, twelve juridical days. In the county of Fleming, on the first Mondays in April Flemin. and October, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Fleming, commencing the second Monday in August, and continue one week. In the county of Morgan, on the third Mondays in April Mara... and October, and continue, each, twelve juridical days. In the county of Carter, on the first Mondays in May crter- and November, and continue, each, six juridical days. In the county of Lawrence, on the second Mondays Lawrenc in May and November, and continue, each, six juridical days. In the county of Greenup, on the third Mondays in May Gr-.p. and November, and continue, each, six juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Greenup, commencing the third Monday in July, and continuing one week. In the county of Lewvis, on the fourth Mondays in May Lewl. and November, and continue, each, six juridical days. In the county of Powell, on the fourth Mondays in Feb- Pwell-. ruary and August. The length of time to continue, left discretionary with judge. EL.EVENTHIDLVTRIcT. Eleverth district. In the county of Fayette, on the first Mondays in Feb- F"ye. ruary and August, and continue, each, twenty-four juridi- cal days. There shall, also, be held a term for the trial of chancery and criminal causes, in Fayette, commencing the second Monday in June, and continuing twelve juridi- cal days. In the county of Woodford, on the first Mondays in wordr. March and September, and continue, each, twelve juridi- cal days. 22t COURTSI. In the county of Madison, on the third Mondays in MedIs. March and September, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in MNadison, commencing the third Monday in July, and continuing six juridical davs. in the counts of Franklin, on the second Monday in Frankltn. April, and continue twelve juridical dayzs; on the fourth Mondav in July, and continue twelve juridical days; and on the first Monday in October, and continue eighteen ju- ridical davs. In the county of Clarke, on the fourth M1ondays in April Carme. and October, and continue, each, twelve juridical days. There shall, also, be held a term for the trial of chancery and criminal causes, in Clarke, commencing the second Mondav in July, and continuing six juridical days. In the county of Estill, on the first Mondays in April aulilL and December, and continue, each, six juridical davs. In the county of Jessamine, on the third Mondays in ,,,4,aine. May and November, and continue, each, twelve juridical days. T.lfth distrt, WFLFTH DlISTIUCT. In the county of Rockeastle, on the first Monday in Rocib. March and second Monday in August, and continue, each, six juridical dayg. In the county of Laurel, on the second Monday in Laurel. March and third Monday in August, and continue, each, six juridical days. In the countv of Whitley, on the third Monday in March Whuety. and fourth Monday in August, and continue, each, six ju- ridical (layos. In the county of Knox, on the fourth Monday in March, arm and continue twvelve juridical days; aind on thve first Mon- day in September, and continue six juridical days. In the county of Clay. on the second Mondas- in April Clay. and e'ptember, and continue, each, six juridical days. In the county of Harlan, on the third Mondays in April ant., and September, and continue, each, six juridical days. In the county of Perry, on the fourth Mondaysz in April FerrY. and September, and continue, each, six juridical days. In the county of Letcher, on the Mondays succeeding luer. the Perry circuit courts, in each year, and continue six ju- ridical days. 9" COURTS. In the county of Pike, on the Mondays succeeding the Plh.. Letcher circuit courts, in each year, and continue six ju- ridical days. In the county of Floyd, on the MIondays succeeding the Floyd. Pike circuit courts, in each year, and continue six juridical days. In the county of Johnaon, on the Mondays succeeding Jobr.on. the Floyd circuit courts, in each year, and continue six ju- ridical days. In the county of Breathitt, on the Mondays succeeding Br-atbitt. the Johnson circuit courts, in each year, and continue six juridical days. In the county of Owvsley, on the Mondays succeeding Owule. the Breathitt circuit courts, in each year, and continue six juridical days. ARTICLE XII. Special Terms. 1. When the business requires it, a circuit judge may Special chbnc.- hold a special term in any county in his district for the trial terms. of chancery, penal, or criminal causes, or either. Prepara- tory steps and interlocutory orders may be taken in any civil cause, at any stated or special term for the trial of chancery, criminal, or penal causes. 1. The judges may, in term time, or in vacation, order Ju'r. a grand andt petit jury to be impanneled at any special term. 2. If the order be made in vacation for a special term, Notii.. notice thereof shall be posted up at the court house door ten days before its commencelnent, and parties to a suit may agree that the court may hold a special term for the trial of such suit Without notice. 3. All orders for or concerning a special term must be Order, entered on the records of the court. ARTICLE X1II. Election of Special Jtdgrs. W 1. When, from any cause, the judge of the circuit court Eecion of a fails to attend, or if in attendance, cannot properly preside arl Dose in a cause or causes pending in such court, the attorneys NewCon.art.4. of the court who are present, shall elect one of its mem- bers then in attendance, to hold the court for the occasion, who shall accordingly preside and adjudicate. 1. The election shall be held by the clerk, and in case of Held by clark. a tie, lie shall give the casting vote. 229 COURM 230 COURTS. 2. The person elected shall, during the period that he Powers. &. acts, have all the powers and be liable to all the responsi- bilities of a circuit judge. 3. lIe shall be paid for his services a sum bearing the same proportion to the salary of the circuit judge as the time he may serve shall bear to the whole number of ju- ridical days in said circuit. 4. The period of service must be certified by the clerk to Certificator the auditor of public account:s, who shall ascertain the amount and draw his warrant on the treasury therefor; and the same shall be deducted from the judge's salary. 5. If the person first elected to act as judge pro tempure Failur to. L fails or refuses to act. or cannot properly preside, another election shall be held, in like manner, from time to time, until a suitable person is chosen who can and will preside. 6. Or the parties may agree upon an individual to pre- plc tionby tee side, and the person agreed on shall have the same power parties and he paid in the same manner as if elected by the bar. i 2. Every judge of the circuit court, and every special Oath, judge, before entering on the discharge of his duties, must, in addition to the oaths prescribed by, the constitution, take an oath as followss: 1, A. B., do solemnly swear, (or affirm,) that I will ad- minister justice, without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge all the duties incumbent upon me as a judge, according to the best of my abilities. 3. The commissions of judges, the selection of tempo- Eatiesaorierrary judges, the reason of such selection, and the fact that book, the requisite oaths have been taken, must be entered on the order book of the court. ARTICLE XIV. Duties of Court in gce7nal continuances of cases not tried. 1. If a court does not sit at any term, or does not con- Conti.inreuof tinue to sit the whole term, or shall not, before the end of the term, have heard and determined all the causes pend- h. & 84.91. ing in court, the causes on the docket, or such of them as are not disposed of, shall stand continued until the succeed- ing term, without any special order or fee to the clerk for such continuance. 2. If, after a court has been opened at any term, it N.o dcortln. does not, from any cause, sit on any day of the term, there n- from failure Shall be no discontinuance of the court, or of the suits o. courIt t. sh IM. & B. 491. pending in the cotirt: but so soon fts the cause is removed the court may proceed to business until the end of the term, if the business require it. ARTICLE XV. The Franidin Circuit Court made the Fiscal Court of the Comonwncalth. 1. The Franklin circuit court shall have jurisdiction, in Franklin dr. behalf of the commonwealth, of all causes, suits, and mo- Juriwlion. tions against clerks of courts, collectors of public money, X & B and all public debtors or defaulters of any denomination, and others claiming under them; and for this purpose its jurisdiction shall be co-extensive with the state. 2. The judge of the Franklin circuit court shall hold a sp'l ter- for term on the last Monday in January in each year for the cunlmuuwsaltb. trial of suits and motions in behalf of the commonwealth, A. I .3 and continue in session for six days or longer, if the busi- ness require it. 3. The court may try such causes at its regular terms; May t tried at motions may be set for trial on any day of the special or other terms. ARTICLE XVI. Quartcrly Courts, original jurisdiction of. 1. The quarterly court of the presiding judge of each juriditti. county shall have concurrent original jurisdiction, both in law and equity, with justices of the peace, in all civil A.-I. cases. But this section shall not authorize the trial of a cause TrIaI in deftd- of which a justice has jurisdiction, out of the justice's dis- sn" 'A tbtt. trict in which all the defendants reside, if any of the de- fendants reside in the county, without the consent, in wri- ting, of the defendant or defendants; and unless such con- sent be given, the officer executing the warrant shall return the same for trial before a justice of the peace in the dis- trict of the defendant's residence. 2. It shall have jurisdiction throughout the county in Proceedin ap proceedings against constables for defalcation in office. gaint cOnatai1e. 3. It shall have concurrent jurisdiction with the circuit case.noterceed. court in all civil cases where the amount in controversy i"tg 61t0. does not exceed one hundred dollars, exclusive of interest and costs, and where the right to or boundary of real es- tate is not drawn in question. 4. It has power to impannel a jury. Jury. 31 COURTS. ARTICLE XVUl. Powers of Presiding Judge of County Court. 1. The presiding judge of the county court shall be tJu.1ge cnente- a conservator of the peace within his county. A. ltw_ . Ile shall, also, have all the powers of a justice in penal iPeal Ad crim- and criminal proceeding, and in a court of inquiry in such proceedings. 2. The presiding judge of the county court is author- Injunctions. &c. ized to grant injunctions, and attachments at common law Isiie 1 or in chancery, from his own court or the circuit court of his county. 1. Lie shall have jurisdiction to hold inquests upon idiots tiu.ts..d luna. and lunatics. 2. He shall keep a record of all his official acts out of To askp record, court, and in or out of court he shall have power to admin- ister oaths. ARTICLE XVMIO. When ancd where Quarterly Courts to be heid, and their duties. 1. The presiding judge of the county, in each county, Qu-ztenrytarmw. shall hold a quarterly term at the court house thereof, at A. 1sO-I. the times prescribed by law. 2. The court shall remain in session at each term until How tons. it disposes of all the business on docket. 3. Process returnable to the quarterly court may, at the Pro.ce., to discretion of the plaintiff, be directed to the sheriff or cor- rho direc:td. A. 1850-1, Z6e. oner, or to a constable. 4. The presiding judge of the quarterly court shall act Jurdge to act as as clerk of his own court, and issue all process returnable clerk. thereto. lIe shall keep a docket, order book, and execu- A . 1850-1,40 tion book. 1. In making out his docket, and drawing up the pro- Docket. ccedings of the court, in keeping an execution book, and in cheery other ministerial act done by him, he shall be governed by the laws prescribing the duties of clerks. 2. The court must, by rule, fix a monthly return day of Return ot exe- executions, and other rules to govern its proceedings. 3. When the sum in controversy is over fifty dollars, Taz. a tax of fifty cents shall be paid to the presiding judge, by the plaintiff in each cause, before suing out the origi- nal process therein, which shall be annually accounted for and paid into the treasury in the same manner that clerks of circuit courts are required to account for and pay over similar taxes. gas COUT;!& 4. Copies of records in the quarterly county court, cer- C-pas. owcordy. tified by the judge, shall be evidence. I 5. In controversies over fifty dollars, the fees of' the Fee,caom r presiding judge and officer executing the process shall be 5 the same that the circuit court clerk and sheriff are entitled to for similar services, shall be due at the same time, and collectable in the same manner. 1. In controversies not exceeding fifty dollars, the pre- CaW und4o50. siding judge and other officers' fies shall be the same, and be due at the same time, and collectable in the same manner, that justices' and constables' fees are due and col- lectable for similar services. 2. The presiding judge shall be liable to the same pen- ilengi Ftlube alties, in the same manner, for issuing an illegal fee bill or &C making an illegal charge, that justices of the peace are now liable to in similar cases. 6. In cases before the quarterly court, where the sum Cbaneo of in controversy is over sixteen dollars, exclusive of interest and costs, either party may have a change of venue to the circuit court of the same county, by the order of a circuit judge, upon the person desiring the change making affida- vit that he does not believe he can obtain a fair trial be- fore the presiding judge. ARTICLE NIX. County Courts, their original jurisdiction. ( a) I. In addition to the jurisdiction given to the county courts by the revised statutes, or any statute of a local character, they shall severally have jurisdiction within their respective counties- 1. To lay and superintend the collection and disburse- c.untyl vy. ment of the county levy. 2. To erect, superintend, and repair all needful public County building. county building- and structures. 3. To superintend and control the fiscal affairs and prop- ric.l aaim c. erty of the county, and to make provision for the mainte- nance of the poor. (a ) No power is given by the revised statutes to county courts to entertain jurisdiction in the sale and disposition of real estate for the payment of the debts of a decedent; that power is exclu- sively given to circuit courts; consequently, the act, entitled, "an act to amend the act to organize county courts," approved Decem- ber 2, 1861-acts 1861-2, p. 4-is inoperative, and aot transfer-. red to this chapter. 2" cocks COURTS 2. The county court may impannel a jury of bystan- st.rdy. ders, if either party requires it, on the trial of cases in bastardy ; such juries shall receive no compensation for their services. 5 3. It shall have all incidental power necessary to car- jnu pl poo. ry into effect its jurisdiction. ARTICLE XX. Appellate jurisdiction of. 1. It has jurisdiction of all civil cases by appeal from SpauiS. the decision of justices of the peace, where the amount in controversy, exclusive of interest and costs, is over four dollars, and is under sixteen dollars. ARTICLE XXI. Who compose a County Court, and the duties, powers, 4-c., of same. 1. The office of associate judge of the county court is M. 5 ]L4 abolished. 2. A county court shall be held in each county, at the Cot held by seat of justice thereof, by the presiding judge of the court, prifd'fs judg` on the days prescribed by law. 1. But at the court of claims, which shall be held in Oc- C.=tor C,.. tober of each year, the justices of the peace of the coun- ty shall sit with the presiding judge, and constitute the court. If the circuit court of any county is held in Octo- ber, then the court of claims for such county must he held in November. 2. A majority of the justices in commission in the coun- ty, and the presiding judge, shall constitute a quorum to do business. Z. The presiding judge may cause the justices of the Juscmayb. county to be summoned to attend at other terms of the court, if he thinks proper. 4. But justices of the peace shall only compose a part Who,, to sorn- of the court when it is engaged in laying the county levy, PWnro -court and in appropriating money, and in transacting other fi- nancial business of the county. 5. The justices who attend court and assist in transact- Pr,. ing business shall each be allowed one dollar per day for his services, to be paid out of the county levy. 6. If a majority of the justices of the county do not at- Pailnrc ofJua- tend at a court of claims, or at any other court, when t to iL d. summoned to attend, the court may be adjourned from day COURTS. _M to da-, until a quorum shall attend; and an attachment may be awarded against defaulters to coerce their attend- ance. 3. The presiding judge of the court, before he enters Oath or pca on the duties of his station, must, in addition to the oaths d ge required by the constitution, take an oath or affirm to ad- minister justice without respect to persons, and to do equal right to the poor and the rich, and that he will faithfully and impartially discharge the duties of his office to the best of his skill and judgment. 4. The records and official papers of the county courts Records of old heretofore existing, and of the clerks' offices of such courts, " 'o'n. shall be kept by the clerks in their offices, and held and re- garded as the records and official papers of the county courts and clerks' offices of the court hereby organized in the same counties. 1. Official copies, certified by the clerks of the courts ofinchicplO. hereby organized, shall be evidence. 2. No county court clerk shall practice law in the court RestrIcUo. on of which he is clerk. CLrk. 3. Nor shall any practicing lawyer keep his office in any room in which the records of the clerk are kept. 5. The county court is a court of record. Cort of raord. 1. Before every adjournment, the minutes of the pro- i ceedings of the court shall be publicly read by the clerk, and corrected, if necessary, and then the same shall be signed by the judge or presiding justice. 2. The minutes signed shall be taken in a book and care- fully preserved among the records; and no proceedings of the court shall be valid until the same be so read and signed. 6. When a county court and a quarterly court are C-ti and to be held on the same day, the former may complete its terer.nratU0tt business first, or may adjourn a part of it to accommodate parties, and proceed with the business of the quarterly court. The county court has power to adjourn from time to Adjomomant time until it disposes of all the business on the docket. But no adjournment shall be to a time beyond the com. mencement of the next regular term of the court. 7. It shall be the duty of the county court of levy and Toed and ke disbursements to erect and to keep a sufficient county ikitL-, jail. 1. On a failure to do so, each member of the court shall ,I f,,t be liable to be indicted and fined not less than fifty nor more than one hundred dollars and costs, and shall stand committed until the same is paid. No member shall be liable if it shall appear that he did not oppose the erection and keeping a good and sufficient jail. 2. They and theirrepresentatives shall, moreover, be lia- liable for dam. ble, jointly andseverally, for damages to any one injured by such failure. S. The records of the county court shall, at all times, What record show by whom the court is holden; when justices of the peace compose a part of the court, the records must state the names of such who take their seats, and when a mem- ber leaves the bench his absence must be noted. 9. If a levy be not made at the time prescribed, it may Levy, when made, be made at a subsequent time. 10. The court, at the court of claims, shall make an al- Allowanceto lowance to the presiding judge out of the county levy, for his services in holding the monthly courts. ARTICLE XXII. Concerning the settlement of the accounts nf fiduciaties, 4. 1. The presiding jud-e of the county court shall make settemnents with settlements With personal representatives and guardians in guardians, tic A. 15O-1. his county. 1. He shall be allowed one dollar and fiftv cents for each Compensatlon, settlement. If the same occupies him more than one day, then one dollar and fifty cents per day, to be paid out of the estate settled. 2. The law requiring three commissioners to be appoint- lW rpceId. ed to make such settlements is hereby repealed. 3. If, in any case, the judge cannot make such settle- Wbhen judze can ment with propriety, then the clerk of the county court sot cL may make the same. If he cannot act wilh propriety, the judge may appoint some discreet person, not of kin to cith- cr party, to make the settlement. 4. The judge may, if he thinks proper, appoint a stand- Standing corm- ing commissioner to make such settlements. missioner. 2. It shall be the duty of the presiding judge of each Duty ., judgceto county, when called onl by a personal representative or guardian, or committee, or any person interested, to state M.& B. 5jO. and settle the accounts of such filuciary. 1. He shall have power to hear testimony on such set- To heareydence. tlement in support or in opposition to any item. 2. He must reduce to writing all verbal evidence adduc- ed before him. . "O t'CORM. 3. Ile is in all cases to be governed by law and justice, and shall give no credit to a fiduciary, for disbursements or for services, without evidence to justify the same. 4. His report, in writing, he shall return to the clerk of Repo. the county court. The report shall show the result, giving items of debit and credit, and he shall return therewith all vouchers and evidence adduced before him on the set- tlement. 5. The clerk shall indorse on the report the time of filing thEt xceptions te to. the same, and it shall lay over one term for exceptions to M. & B be filed by any person interested. 6. If no exceptions are filed by the second term of the court, the report shall, if approved, be recorded. 7. If exceptions are taken, other evidence besides that y be amended. reported may be heard, and the court shall, upon the whole L. e. case, alter or amend the report and order it to be recorded, or s0 order it without altering or amending it, as shall appear right and legal. The vouchers accompanying the report shall not be recorded, but must be carefully kept on file in the clerk's office. 8. Any new evidence given in court must be reduced to 1-eidenc writing and filed with the report. 9. Settlements so made and recorded shall be pimna fa- det cic evidence between the parties interested. 10. Notice of the time and place of such settlement must Mr be given to all parties interested, if resident in the county. Any fiduciary failing to settle when so notified, without good excuse, shall, on notice thereof, be fined by the coun- ty court twenty dollars. 11. Witnesses may be summoned at the instance of eith- wit- er party, to give evidence before the judge on the settle- ment, or on the trial of exceptions by the court, and their attendance may be coerced by attachment and fine. 12. In making settlements the judge may adjourn from Jnudge my d. day to day, so long as the business requires it. 13. He may interrogate personal representatives and lMy interrogste guardians, on oath, touching any matter drawn in question in making a settlement, and their statements, when so in- terrogated, must be reduced to writing and returned with the report. 14. No evidence shall be presumed to have been given Mxidencereported on a settlement except such as is reported. 237 (OtbRTS. 238 COCRT& ARTICLE XIII. Justices of the Peace, their jurisdiction in criminal and penal Cases. 1. Every justice of the peace shall be a conservator of Conscrv-torof the peace in his county. acl&. 89. Every justice of the peace, before he enters on the du- Oatb. ties of his office, shall take the oaths prescribed by the M.D& a. W. constitution. 2. Ile shall have jurisdiction in all penal cases where Jurisdiction. n the fine or penalty is so regulated by law that it cannot exceed sixteen dollars, except where the jurisdiction there- of is otherwise specially conferred. 3. Two justices have jurisdiction to examine into all Exsaning court, infractions of the penal and criminal laws, the final trial of which is cognizable in the circuit court, and when proper to send the accused on for further trial, to commit him to jail, or to allow and take bail. 4. A justice shall have jurisdiction to try persons for Jurisdiction in 0Jitbes routs, riots, breaches of the peace, and disorderly con- sa U.ep.-ae,&c duct. 1. To bind persons to keep the peace, and for their ap- pearance at the proper court. 2. He may have a jury impanneled at the request of either party, in any case where a jury is allowed by law. 3. He may grant a new trial or re-hearing of any case, Newr trie. civil or penal. 4. The power to grant a new trial or re-hearing ex- pires after ten days from the date of the verdict or judg- ment. ARTICLE XXIV. Jurisdiction in civil matters. t 1. A justice of the peace has original common law s dicot ; jurisdiction in all cases of contract, written or verbal, ex- 9M press or implied, where the debt or damages claimed, ex- clusive of interest, does not exceed fifty dollars. ( a ) (a) In the report of the commissioners, as made to the legisla- ture, this section, in conformity to the existing statute, gave to jus- tices of the peace exrl7isive ohiginal jurisdiction in all cases of con- tract where the amount in controversy did not exceed fifty dollars, and the like exrlusive original jurisdiction, in law and equity, where the amount in controversy does not exceed sixteen dollars. The legislature amended the section by striking out the word "es- 1. He has original jurisdiction, in law and equity, of all L.. And quty cases where the amount in controversy does not exceed ing 16. sixteen dollars. 2. He has power to issue original or final process in any Pro case within his jurisdiction, or which any statute may make it his duty to issue. 3. To issue subpoenas for witnesses. gubpeu 4. To administer an oath in all cases where it is re- Oath. quired by law, or necessary in the exercise of hid jurisdic- tion. 2. A justice has jurisdiction of motions against con- cotolnet stables for failing to make proper returns, and for failing A. 1842-3, 7s. to pay over money under process from a justice. 3. The jurisdiction of justices of the peace in cases of 0dio-t- -unn. idiocy and lunacy is hereby repealed. ARTICLE XXV. Chancery jurisdiction of a Justice of the Peace. 1. He has jurisdiction, by attachment in behalf of the By -t-b-L plaintiff in a judgment for less than fifty dollars, upon L3.63M8. which execution issues and is returned as to any part there- of no property found, against any person indebted to the defendant in the judgment. 1. lIe has jurisdiction of cases to subject the choses in , dtg. no.t action and personal property of non-residents, or persons who have been absent from the state four months, to the payment of demands over which a justice has legal juris- diction. 2. The jurisdiction given by this article, (except for sums concurrmnt. under sixteen dollars,) is concurrent with the circuit courts and quarterly courts. 2. A justice has all power necessary to carry into exe- All werr cution the jurisdiction conferred on him. CcrSAI. ARTICLE XXVI. Concerning Justicrs' Courts, 4-r. 1. Each justice of the peace shall hold a court (for the trial of civil causes,) in his district, on a day to be fixed elusire," wherever it appeared in the section. The consequence of which is, that as by the provisions of article viii, defining the original Iurisdiction of the circuit courts, which had been previous- ly agreed to, that court now has original concurrent jurisdiction of all matters in controversy, arising on contract, without regard to the amoant. (See Senate Journal, pp. 281, 295.) 2S9 COURME by the presiding judge of the county court, in the months designated by law, and shall continue his court from day to day, until he disposes of all the bueinces returned before hirm. (a) 2. Every justice's court is a court of record, and each Courtor record. justice shall, in a book provided by him for that purpose, X &aB.se. keep a full and fair record of his judicial proceedings. 1. lie shall make and keep with such book a good index Record, bow kept of the names of litigants, referring to the pages in the book of every entry in each cause. 2. All warrants and motions shall be docketed and tried, A 18434. or continued, by justices, in the succession in which the warrants or notices of the motions are returned before him for trial. 3. Depositions may be taken and read on trials before Dpoitils. justices in the same manner and on the same grounds as in the circuit courts, except that the same may be taken before and certified lby a justice of the peace. 4. No warrant or notice shall stand for trial unless it Procts tobe has been executed five days before the day set for the trial served live days ,re . tril. thereof. A, 1540-3. 3. A partsy to a suit pending before a justice shall have Cbangeorveeue. a change of venue to anotherjustice, when he shall make oath that he believes he cannot have a fair trial in the jus- tice's court before whom the cause is pending, and the cause may be tried out of term time by the justice to whose court it is removed. 4. If the justice before whom a cause is returned for Trial bNerore trial does not attend, or cannot try the same, any other dr -A j-tu. justice of the same county may attend and try and decide the cause. 5. Any justice who intends to be absent from the Justice about to county in which he resides for more than a week, or if from b ,e -,t to de- posit .ecords,. any cause he is unable to act, shall deposit his records with (a) An act to regulate the times of holding the Courts of Jus- tices of the Peace-approved January 1, 1852. 1. That the judges of the county courts in each county shall, by appropriate order entered of reCord from time to time, regulate the times in the months now fixed by law for holding the justices' courts, in such manner that they shall not conflict with each other or with the terms of the countv court. 2. The clerk of the county court shall furnish each justice of the peace in the county with a copy of the order, and copies there- of shall be posted by the sheriff at the court Louse, and at each voting precinct in the county. 240 COURTM some convenient justice, who may grant any appeal, or L.-9- allow any traverse to be filed, give a certified copy of any judgment, or issue any process which the justice could who rendered the judgment. 1. If the books are not deposited with another justice, When notde if he can get possession thereof, he may, at any time du- ring such absence or disability, act as if they were so de- posited. 2. If a justice shall vacate his office, the nearest justice CVin omce vc- to his residence may act, as is provided in the preceding part of this section, until the vacancy is filled. 3. The successor of a justice may act on the judgments Succor. and records of his predecessor in the same manner that the latter could do, were he still in office. 4. When a justice is appointed, the county court shall Books or p,.e make an order directing what books of his predecessor shall be placed in his hands. ARTICLE XXVII. In trials before Justices, parties may be sworn. 1. In trials before a justice of the peace, either party Prmr.y be.z- may examine the other, upon oath, touching the matter in controversy, if present at the trial, or a resident of the M.&B.59L- county. 1. A summons may issue requiring the appearance of 1Summoo.alasd the party whose examination is desired, if he be a resident of the county in which the case is pending. 2. If such party resides out of the county in which the When out or the trial is to be had, the opposite party may file interrogato- tories filed. ries with the justice before whom the cause is pending, and swear that if answered truly they are necessary to obtain justice; a copy thereof must be delivered to the party to be interrogated, who shall make out, swear to, and file with the justice a plain direct response to the interrogato- ries, which may be read on the trial by either party. 3. The justice shall render judgment against a party Jud_-mrentt aut p-ity refualg to who refuses to make a proper response to interrogatories, respond. or to attend and answer before the justice when called on M.& B90y or summoned for that purpose as herein provided. 2. The three preceding subsections shall apply to the Appeals. trial of appeals from justices' courts. ARTICLE XXVIII. Lost Judgments. 4 1. When the records of a justice are destroyed or lost, Newr Judgment and a judgmentso destroyedorlostremains unsatisfied,he atro,.yd. 31 COURTS 241 M. B. "D. may, on proper notice, render a new judgment for what- ever is due. 1. If, on the trial, the judgment appears to be satisfied, such justice shall give judgment for the defendant's cost, 2. The justice shall state in his record of such trials that the proceedings are founded on a judgment which has been lost or destroyed. An appeal lies from such judg- ments as in other cases. ARTICLE XXIX. Miscellaneous Provisions. 1. No justice shall sign or knowingly permit his name OBltnkwrrats to be signed to a blank warrant, under pain of being pre- no t be, Mg-ad. M. & B. 90. sented and fined ten dollars. 2. On request, a justice shall give to any person de- Copy of record. siring the same a certified copy of any record and proceed- M.dc B.590. ings in his custody, which copy shall be legal evidence. 3. Justices may hold a court at any time for the trial Conrtant of criminal or penal causes of which they have jurisdic- orpaualcas. dtion. An act to prohibit certain officers from trafficking in claims on county treaauries--vpproved December 20, 1851. That from and after the passage of this act, it shall not A&. Ws31-2, 9. be lawful for any county judge, justice of the peace, or county attorney, to traffic for, purchase, or speculate in any claim or claims, to be allowed by the court of claims of the county of which he or they may be said judge, jus- tice of the peace, or attorney; and that, for any violation of the provisions of this act, he or they may be punished by fine in a sum twice the amount of the claim so bought as aforesaid, upon the presentment or indictment of a grand jury. An act to authorize Justices of the Peace to hold inquests in certain cases-appraoved December 20, 1851. ' 1. That whenever the dead body of any person may be Rustic sortbe found, in any of the counties of this state, and the coro- orocric -W. ner of such county shall be absent therefrom, or at such distance as would render his attendance inconvenient, and A. 1851-2, 10. the situation of such body be such as to require its imme- diate interment, it shall and may be lawful for any justice of the peace, in the vicinity where such body may be found, to summon a jury and hold an inquest thereon, in the same manner as coroners are by law authorized to do; 24a CODUTM CRM AND PUNISMNT2 and the said justice shall be allowed the same fees as are now allowed to coroners for similar services. 2. That the provisions of this act shall only apply to the counties bordering the Ohio and Mississippi rivers. CHAPTER XXVIII. CRIMES AND PUNISHMENTS. ART. 1. General Provisions. ART. 2. Jurisdiction. ART. 3. Treason and Willful Murder. ART. 4. Voluntary Manslaughter, Rape, and Abduction. ART. 5. Robbery and Burglary. ART. 6. Maiming, or other crimes against the person. ART. 7. Arson, and burning of buildings, &c. ART. 8. Perjury. ART. 9. Forgery and Counterfeiting. ART. 10. Bank Notes, Bank Paper, &c. ART. 11. Larceny. ART. 12. Embezzlement. ART. 13. Destroying a will-obtaining money, &c., by false pretenses. ART. 14. Destroying and obstructing public works and corner trees. ART. 15. Offenses by convicts, &c. ART. 16. Escape and rescue of prisoners charged with crime. ART. 17. Penal offenses and punishments. ART. 18. Riots, routs, and breaches of the peace. ART. 19. Duelling. ART. 20. Racing on the highway, &c. ART. 21. Lotteries. ART. 22. Actions popular, or suits for penalty. ART. 23. Usurpation of office and bribery of officers. ART. 24. Contempts. ART. 25. Trespass and injury to property. ART. 26. Surety for the peace. ARTICLE 1. General Provisioms. 1. Offenses are either felonies or misdemeanors. Such Felonie, and offenses as are punishable with death or confinement in m the penitentiary, are felonies. Offenses committed by slaves, and punishable alone by stripes, are, as to them, misdemeanors. All other offenses, whether at common law or made so by statute, are misdemeanors. 243 CRIMPS AND PUISEMM. 2. No crime shall be punished with death unless it be Punistment directed by statute. 3. A common law offense, for which punishment is prescribed by statute, shall be punished only in the mode so prescribed. 4. The commission of a felony shall not stay or merge ger ol civilremedy any civil remedy of the party aggrieved against the felon. 5. All offenses shall be tried in the courts, or by the toWhere offenses tribunals of that county or city having jurisdiction of them, tobe tried. in which they were committed, except in cases otherwise provided for. 6. When it is a matter of doubt in the opinion of the Wheoffeodnwbtf court, in which of two or more counties the offense was committed. committed, the court of either in which the indictment is found, shall have jurisdiction of the offense. 7. If a mortal wound or other violence or injury be where wound- inflicted, or poison be administered, in one county or cor- ing.orpoS.o...gin .e co.n.tiy and poration, and death ensues in another, the offense may be death in another. prosecuted in either. S. A person acquitted of an offense on the ground of a Wbhseconddtri.l variance between the allegations and the proof, or upon an exception to the form or substance of the indictment or N. B.536. accusation, may be arraigned again upon a new indict- ment, or other proper accusation, and tried and convicted, notwithstanding such previous acquittal. At any time before a jury is sworn in a criminal prosecution, the com- monwealth, by her attorney, by leave of court, may enter iolle prosetl. a noc proscqui. foapprovers. ! 9. Approvers shall not be admitted in any case. 10. In all felonies, accessories before the fact shall be fAc.cessoriese- liable to the same punishment as the principals, respect- foethe fact. ively, and may be prosecuted jointly with those principals, or severally, though their principals be not taken or tried. 11. Accessories after the fact, not otherwise punished, Accensoriesaf- shall be guilty of high misdemeanors, and fined and im- prisoned at the discretion of the jury, and may be tried, though their principals be not taken or tried. But no per- son in the relation of husband and wife, parent or grand- parent, child or grandchild, brother or sister, or servant, to the offender, who, after the commission of the felony, shall aid or assist a principal felon or accessory before the fact, to avoid or escape from prosecution or punishment, without forcibly breaking a prison in which such felon may be confined, or taking him by force from an officer or guard, shall be deemed an accessory after the fact. 244 CR1MES AND PUNISHMENTS. 12. Every person convicted a second time of felony, Scond nd the punishment of which is confinement in the peniten- for lony. tiary, shall be confined in the penitentiary not less than double the time of the first conviction; and if convicted a third time of felony, he shall be confined in the peniten- tiary during his life. Judgment in such cases shall not be given for the increased penalty, unless the jury shall find, from record and other competent evidence, the fact of for- mer convictions for felony committed by the prisoner, in or out of this state. 13. Prosecutions for felony may be continued at the prcofntimnun03 of discretion of the court, as often as good grounds for such continuance shall be made out. No number of such con- X & 5.1203. tinuances shall operate a discharge of the prisoner. 14. Persons by whom a forged instrument of writing Eudre n purports to have been executed, shall be competent wvit- nesses on the trial of any prosecution for such forgery. -d 5.1303- Judgment of conviction for forgery shall not destroy the legal validity of the writing charged to have been forged, or be used as evidence in any civil controversy relative to the same. 15. In all cases of conviction of felony, the party con- Pesrtituslon.o victed shall restore the property stolen or destroyed, or &C. make reparation in damages therefor. The court in which M.& B.53,.1276. such conviction may be had, if applied to at the same term in which the sentence was pronounced, by petition verified by affidavit, may order restitution or give judgment against the convict for reparation in damages, and enforce the col- lection of the same by execution or other process. 16. In motions for restitution or reparation, the court shall cause the prisoner to be set within the bar, and de- mand of him if he has any defense to make to the motion. And if the convict consents to such restitution or repara- tion in damages, the court shall give judgment according- ly, if the damages are agreed. Otherwise a jury shall be impanneled to try the facts, and ascertain the amount and value of the property, or assess the damages, as the case may be. A failure to pursue the remedy hereby given shall not deprive the party aggrieved of his civil action for the injury sustained. The party injured shall have a lien on the estate of the criminal from the time of his arrest. 17. The jury by whom any offender may be tried, shall fix pun- fix by their verdict the quantum of punishment to be in- a & .-1 245 CRIME AND PU BI.HMEM. flicted, within the periods or amount prescribed by law as the punishment for the offense. Bnefitof clergy fit I8. All claims to dispensation of punishment by bene- abolished. fit of clergy, are hereby abolished. 19. Persons sentenced to punishment by a confinement ptP.uish.ent il in the penitentiary, shall be kept at hard labor and solita- M. & B 12C2. ry confinement. 20. Persons sentenced to suffer death shall be hung by Mode an.. time the neck until dead, at such time and place as the court d..Lbllish by shall order, by the sheriff of the county or other person designated by the court. The time fixed for the execution of the sentence shall not be less than twenty nor more than ninety days, unless the public peace and safety, in the opinion of the court, require a shorter time. The expenses of the execution and burial, when certified eExpens'es X- by the court, shall be paid out of the public treasury. 21. Prosecutions by the commonwealth for felony shall t WVhatprVenhe-. not be barred by lapse of time or any statute of limita- tinon h-ted by tltne, and when. tions. Prosecutions by the commonwealth to recover a .d &B. IV4,1135. penalty for a violation of any penal statute or law, and a suit or procedure at the instance of any person, to recover any such penalty, shall be commenced within one year af- ter such penalty or forfeiture has occurred, and not after, unless a different time is allowed by the statute imposing the fine or penalty. Prosecutions for profane swearing, cursing, or being drunk, or sabbath-breaking, and against surveyors of public highways, shall be made within six months after the offense is committed, and not after. 22. In aggravated cases of murder and other felonies Offer of rewards against the person, when the accused shall flee from jus- by go-eno.-Ol ht h cue hl le js tice, the governor of the commonwealth of Kentucky, on a L.447. petition of the county judge or circuit judge of the coun- ty, shall be authorized to issue his proclamation, and offer a reward, not exceeding five hundred dollars, for the ap- prehension of the accused. 23. In all cases where the party convicted of an of- Imprisonment fense, is punished by fine and imprisonment, or by impris- ln COunty Jail. onment alone, the imprisonment shall be by close confine- ment in the jail of the county in which the defendant was tried. 24. All fines and forfeitures which may be imposed by Fi,-es,n.d for- law, shall enure and vest in the commonwealth, except in ehuie.a cases where, by law, the whole or a part thereof shall be given to a person or to some particular object. 24G CRIMES A"D PUNISHM&P2S. Attorneys for the commonwealth in the several districts Proportion al shall be entitled, as fees for their services, to one-fourth of wcalit'attuiney. the fines assessed against persons for permitting gaming in or at any place prohibited by law. One-half of all fines assessed against persons for keeping a tippling house; twenty per cent. of all fines assessed against persons for standing horses, jacks, and bulls without license; and twenty per cent. of all judgments on forfeited recogni- zances in favor of the commonwealth. 25. Fines or forfeitures imposed may be recovered Howrecoocred. by civil procedure, before any judicial tribunal having ju- risdiction, or upon indictment or presentment of a grand jury. 26. The provisions of this chapter shall not apply to .piy W.Ion , slaves, except where slaves are specifically named, nor ree negr0es. shall they apply to free negroes, when the punishment of a free negro for the same offense is provided for elsewhere in the revised statutes. ARTICLE II. Jurisdiction. 1. In all cases where any part of a river, water, water- ri, c0u11wrr'nt Jo- course, highway, road, or street, shall be the boundary line tsnverrc. between two counties, the courts, and judges, and justices, bou-dary. and all circuit and county officers of both such counties, M. & , shall have concurrent jurisdiction in all cases over the whole extent of such parts of said river, water, water- course, highway, road, or street. 2. The circuit court of each county bordering on the , Cou.ti.Hbbrder. log onthe Misal Mississippi, Ohio, Big Sandy, or Tennessee rivers, shall uippi.Ohio.&c. have concurrent jurisdiction of any treason or felony corm- M. & B.5S6. mitted on any of said rivers. 3. No person shall be twice punished or put in jeo- t 1-,lOc.rson dbe pardy for the same offense, under the provisions of the two puth 1 Odfr preceding sections. ARTICLE III. Treason and willful murder. 1. If any person be guilty of treason against the corm- Treason pun monwealth of Kentucky, he shall be punished with death, or be confined in the penitentiary not less than ten nor M' B. 2C5. more than twenty years, at the discretion of the jury. 2. All distinction between petit treason and willful murder is abolished. 247 CRIMXE AND PUNIOHMENTS. 3. If any free white person advise, counsel, or con- copnssp- of spire with a negro, bond or free, and cause him to rebel or negro. make insurrection against the authority of his master or the laws of the land, he shall be punished with death, or confined in the penitentiary not less than six nor more than ten years, at the discretion of the jury. 4. If any person be guilty of willful murder, he shall Willful murder. be punished with death. ARTICLE IV. Voluntary manslaughter, rape, and abduction. 1. Whoever shall be guilty of voluntary manslaughter, Voluntary man- shall be confined in the penitentiary not less than two nor ..ught.a. . ac S. 129 , Iw. more than ten years. 2. Any person who shall willfully strike, stab, thrust, Stabbing, shoot. or shoot another, hot designing thereby to produce or cause Ig- &.. his death, and which is not done in self-defense, or in an M. & B. 1294. attempt to keep and preserve the peace, or in the lawful arrest or attempt to arrest a person charged with felony or misdemeanor, or in doing any other legal act, so that the person struck, stabbed, thrust, or shot, shall die thereof within six months next thereafter, shall be confined in the penitentiary not less than one nor more than six years. 3. If any person shall be convicted of the crime of Ra.Pe on infant rape upon the body of an infant under the age of twelve under 12 yearn. M.& B. 1259. years, he shall be punished with death. 4. Whoever shall unlawfully and carnally know any Rape. white woman, against her will or consent, or by force, or whilst she is insensible, shall be guilty of rape, and shall be confined in the penitentiary from ten to twenty years. 5. Whoever shall carnally know a white girl under Carnally know- the age of ten years, or an idiot, shall be confined in the iag whit. girl U- yas iit IrO10 year.,ora- penitentiary not less than ten nor more than twenty years. idiot. 6. Whoever, being above the age of fourteen years, Abductingun- shall unlawfully take, without her consent, any unmarried under 1y... white girl under the age of fourteen years out of the pos- session of her father, mother, or other person having the lawful custody and charge of her, against the will and con- sent of such person, shall be confined in the penitentiary from one to two years, or fined from one hundred to five hundred dollars, at the discretion of the jury. 7. Whoever, being above the age of fourteen years, Taking aray, shall unlawfully lead, or take away, or decoy, or entice decoying, or de- taining child un- away, or detain any child under the age of ten years, with dcr 10 yearn 24tD CRIMES AND PUNISHMENT. intent to deprive the parent, or other person having the lawful care, charge, or possession of such child, or with intent to steal any article of value upon or about the per- son of such child, or shall, with any such intention, receive, conceal, or harbor such child, knowing. it to have been sr taken or enticed away, shall be confined in the penitentia- ry not less than one nor more than three years. But no person claiming in good faith to be the parent of such child, or to have the right to its possession, shall incur the penalty prescribed in this or the next preceding section. 8. Whoever shall unlawfully take or detain any white Taking ordetain. ing white-,.... woman against her will, with intent to marry such woman, Ad-first her wilk l or have her married to another, or with intent to have car- -narr or carnally nal knowledge with her himself, or that another shall have such knowledge, shall be confined in the penitentiary not M & B. 1269. less than two nor more than seven years. D. Whoever being married, the first husband or wife, Bigamy as the case may be, being alive, shall marry any person, shall be confined in the penitentiary not les4 than three M nor more than nine years. Persons whose husband or wife shall have absented themselves, and continually re- mained beyond the seas, or in any state of the United States, not having been heard of for the period of five years preceding the last marriage, the one not knowing the other to be alive; persons wvho at the time of such marriage shall be lawfully divorced and permitted to mar- ry, or whose former marriage hath been or hereafter may be declared void; and persons whose former marriage was had or made within the age of consent, are not embraced in this section. 10. If such offender be a man, his first wife shall, on frrtwlreoror his conviction, be endowed of one-third part of his real es- dowed on hi. tate and slaves for life, and in fee of one-third part of his other estate, to be allotted and recovered as dower in other M. & B. 6g. cases. And if the offender be a woman, she Fhall forfeit her claim to dower in her first husband's estate. 11. Whoever shall be convicted of the crime of sod- Sodoy r bug omy or buggery with man or beast, he shall be confined gry. in the penitentiary not less than two nor more than five & Hl265 years. 12. Whoever shall commit adultery or fornication with, or carnally know his or her father, mother, child, sister, or brother, shall be guilty of felony, and confined in the peni- tentiary not less than two nor more than six years. .312 249 CBRIU AND PrUNSHMENTS. 13. If any woman, not being a slave, be delivered of DWroyl or any issue of her body, which being born alive would be a of b-d child. bastard, shall endeavor privately, by drowning or secretly M. B 1 8 burying the same, or in any other way, directly or indi- rectly, to conceal the birth thereof, so that it may not be known whether it were born alive or not, she shall be con- fined in the penitentiary not less than two nor more than seven years. ARTICLE V. Robbery and burglary. 1. Every person guilty of robbery or burglary shall Purjbrnent: be confined in the penitentiary not less than three nor more than ten years. 2. If any person, with an offensive weapon or instru- ,As-ult 6&c. wit' ment, shall unlawfully and maliciously assault, or shall by .Lotto to fob. menace, or in or by any forcible and violent manner, de- mand any money, goods, or chattels, bond, bill, deed, or will, or other evidences of right, or any thing of value, of or from any other person, with a felonious intent to rob or commit robbery upon such person, he shall be confined in the penitentiary not less than one nor more than two years. 3. Robbery or larceny of obligations, bonds, deeds, Robbry d.r r.c'e wills, bills obligatory or bills of exchange, promissory fdC., deem d notes for the payment of money, lottery tickets, paper bills of credit, certificates of deposit of money with any bank or AL &c B.12SI. other person, or certificates or obligations granted by the authority of this commonwealth, that of the United States, or of any of them, or of account books or receipts, shall he felony, and punished in the same manner as robbery or larceny of goods and chattels. 4. If any person shall feloniously take any goods or rLorscnrroni chattels, or other thing of value out of or from any church, ktoose. dCoui chapel, or meeting house, school house, court house, or oth- er public building, which goods and chattels, or other thing M. & B. 1270. belong thereto, or shall rob any person in his dwelling house or place, or in any booth or tent in a fair or market, he, his wife, children, or servants, or other person then be- ing within, or shall feloniously break any dwelling house or any part thereof, or any out house belonging to or used with any dwelling house, by day, and feloniously take away any thing of value although the owner or any person may not be there, he shall be confined in the penitentiary not less than one nor more than two years. 250 CRIMES MAD PUNISHMENTS. ARTICLE VI. Maiming, or other crimes against the person. 1. If any person shall unlawfully pull or put out an Maiming it eye, cut, or bite off, or slit the tongue, nose, ear, or lip, or pq. B. 16. any part thereof, or cut or bite off any other limb or mem- i . te- ber. by fighting or otherwise, of another person, except the same be done in self-defense, or in doing some lawful act, he shall be confined in the penitentiary not less than one nor more titan five years. 2. If any person shall willfully and maliciously shoot M-1ieionshoot- _ag stabbing, or at and wound another, with an intention to kill him, so poisoning. that he does not die thereby, with a gun or other instru- A.& B. 181. ment loaded with a leaden bullet, or other hard substance, or shall willfully and maliciously cut, strike, or stab anoth- er, with a knife, sword, or other deadly weapon, with in- tention to kill, if the person so stabbed, cut, or bruised, die not thereby, or shall willfully and maliciously administer poison or attempt to poison or administer poison to anoth- er, if death do not ensue in consequence thereof, he shall be confined in the penitentiary not less than one nor more than five years. 3. If any person shall knowingly send any letter, with 9ending threat. or without a name signed thereto, or with a fictitious name, ,,t to extrt. threatening to kill another, or to do him or his wife or clhild B harm, or to burn or destroy his house or other property, or to accuse him or his wife or child of a felony, with the in- tention to extort or gain money, goods, wares, or merchan- dise, or a deed, will, or other instrument of writing, from the person so threatened or from any other, he shall be confined in the penitentiary not less than one nor more than ten years. 4. If any person shall feloniously, in the night or day, P'lonionsly break any warehouse, storehouse, office, shop, or room in hous.,tor a steam, wharf, or other boat, whether such place be or be not a depository for goods, wares, or merchandise, and M.& B-L28. whether the goods, wares, and merchandise be or be not exposed for sale in such place, with intent to steal, or shall feloniously take therefrom or destroy any goods, wares, or merchandise, or other thing of value, whether the owner or other person be or not in such house, office, room, or shop, he shall be confined in the penitentiary not less than one nor more than seven years. 251 C252IEC 3 AND PUVJSHXF2,I ARTICLE 'lL Arson and burning of buildings, 4.c. 1 1. If any person shall be guilty of arson, he shall be Punhm.ent of confined in the penitentiary not less than five nor more ..1 l6;. than twelve years. 2. If any person shall willfully burn any court house, B-urnig public county or public prison, or the office of any clerk of a buildings, &.. court, or the capitol of the commonwealth, or any office 3L & B. IT.O. therein, or upon thlc capitol or public grounds, or any Fur- veyor's office, or other public office within this state, or the office or depot of any railroad or canal company, lie shall be confined in the penitentiary not less than seven nor more than twenty-one years. 3. If any person shall willfully and unlawfully burn a Burning wre- tobacco-house, warehouse, storehouse, orany house or hose_ hurchtfl 9 bdge place where wheat, corn, or other grain, grass, fodder, md, & hemp, or hay is usually kept; any stable or outhouse, or M. & B. i's. any church or meeting house, or any other house whatev- er, or any stack or shock of hay, Jodder, flax, hemp, pile of lumber, plank, cord-wood, tan-bark, wheat, or other grain, or any bridge or causeway upon a street, public highway, railroad, turnpike road, plank road, or canal, or steam saw or grist mill, water grist or saw mill, steamboat or other water craft or vessel, he shall be confined in the peniten- tiary not less than one nor more than six years. 4. If any person shall willfully, maliciously, and un- AtImptlng to lawfully attempt to commit any of the offenses described commit such of- renses, in the three preceding sections, by trying to set fire to or A. a50, l. ignite the same, or any materials therein, though the same or part thereof be not fired or burned, he shall be confined in the penitentiary not less than three months nor more than six years. 5. If any person shall willfully and maliciously burn Burning p the penitentiary house, he shall be punished with death. tentisy. If any one so attempt to burn the same, by the means M. & B. 1285. and in the manner described in the fourth section of this A. J.1. article, he shall be confined in the penitentiary not less than one nor more than six years. ARTICLE V111. Pcyjury. punishent of 1. Every person guilty of perjury shall be punished by confinement in the penitentiary of not less than two nor 252 CRTIMI AND PUNIHMENM3 more than six years, unless in those cases where a differ- ent punishment is prescribed by law. 2. If any person, in any matter which is or may he FaWe1evidenc-. judicially pending, or on any subject in which he can le- gally be sworn, or on which he is required to be sworn, when sworn by a person authorized by law to administer an oath, shall willfully and knowingly swear, depose, or give in evidence that which is untrue and false, he shall be confined in the penitentiary not less than two nor more than six vears. 5 3. If any person shall unlawfully and corruptly pro- Subornation of cure another, by any means whatever, to commit any of pe-) the offenses described in the two preceding sections, he shall be guilty of subornation of perjury, and confined in the penitentiary not less than two nor more than six years. 4. If any person be convicted of either of the offenses DitquLiftcation. described in the next three preceding sections, he shall ever afterwards be disqualified from givingevidence in any judicial proceeding, or from being a witness in any case whatever. 5. If any person shall procure any juror to take gain Bribing juror. or profit for rendering his verdict, or refusing to render his verdict, he shall be confined in the penitentiary not less than one nor more than six years. ARTICLE IX. Forgery and counte)fcitixg. 4 1. If any person shall forge or counterfeit any gold or -m-1 ro siver coin which is, or hereafter shall be passing as cur- g rent in this state, or shall knowingly and falsely utter, pay M. & B. 1066. or tender in payment, any such counterfeit and forged coin, he shall be confined in the penitentiary not less than five nor more than fifteen years. 2. If any person shall forge, counterfeit, or alter the counteeitbngor warrant of the public auditor, check of the treasurer of atrr-ing auditos the state, or certificate of either, or any other public secu- ber ckdtat4 rity, or state bond, or coupon of interest thereon, with in- tent to defraud the commonwealth or any person; or if he M1 B. 1067. shall be concerned in printing, writing, signing, uttering, or passing any such forged and counterfeit papers as above described, knowing the same to be forged and counterfeit- ed, he shall be confined in the penitentiary not less than two nor more than five years. 253 CR1I1E AND PUNISHMENT3. 3. If any person shall forge, counterfeit, alter, or erase countereitinlg the receipt or certificate of an inspector; or if he shall ut- in spten"rorl ter, tender in payment, or pass such receipt or certificate, the same, knowing the same to be forged, counterfeited, altered, or Mll.&fi.1i1. erased, or shall have in his possession such receipt or cer- titicate, knowing the same to be forged and counterfeited, for the period of five days, without giving notice thereof to a justice of the peace; or if he shall knowingly export or ship any hogshead of tobacco, flour, or other commodity, with a forged and counterfeit stamp, receipt, or certificate; or shall receive or demand tobacco, flour, or other com- modity, of an inspector or other person, knowing the stamp or certificate to be counterfeit and forged; or shall fraudu- lently draw or take out a stave, plank, or heading board of any hogshead, cask, or other vessel so stamped, after the same shall have been delivered out of any public ware- house, he shall be confined in the penitentiary not less than one nor more than six years. 4. If an inspector shall fraudulently issue to any per- Inspectori uson his receipt for any hogshead or case of tobacco, flour, We e._ipt. or other commodity, which he has not actually received in M. & B. 12 1. the warehouse whereof he is an inspector at the time, or shall fraudulently issue more than one receipt for the same article by him received, except when authorized by law so to do, he shall be confined in the penitentiary not less than one nor more than seven years. 5. If any person shall forge or counterfeit any deed, For.eyot deeds will, testament, bond, writing obligatory, bill of exchange, bonds, promissory note for the payment of money or other thing, or any indorsement or assignment of a bond, writing ob- M. & B. ant- ligatory, bill of exchange, or promissory note for the pay- ment of money or other thing, or any acquittance or re- ceipt for money, or property, or other thing, with inten- tion to defraud another; or shall knowingly utter or pub- lish as true any such instrument as above described; or shall fraudulently forge, counterfeit, or utter any commis- or commission. ion, patent, pardon, or public record, or an attested copy P pardns, thereof, of any judicial, executive, or legislative officer, or utter as true any of the before described papers, know- ing them to be forged, counterfeit, or altered, shall be con- fined in the penitentiary not less than two nor more than ten years. 6. If any person sball fraudulently make or counterfeit Counteilng any instrument, stamping an impression in the figure or nesl t the ACemt likeness of the seal officially used by the commonwealth M. &W H. c. li 254 CMHSM AND PUNISUlMENTS. 255 of Kentucky, or of the United States, or any of the states, or any officer of this state, the United States, or any of the states, or of any court or officer thereof, or of any cor- poration, or officer thereof, or if he have in his possession any such instrument, and conceal the same, knowing it to be falsely made and counterfeited, or use the false impres- sion made by such instrument, and utter and publish it as true, knowing it to be falsely made and counterfeited, he shall be confined in the penitentiary not less than five nor more than fifteen years. 7. If any person shall forge or counterfeit any writing Forer"Y r Ens whatever, whereby fraudulently to obtain the possession of or to deprive another of any money or property, or cause him to be injured in his estate or lawful rights, or if he shall utter and publish such instrument, knowing it to be forged and counterfeited, he shall be confined in the penitentiary not less than two nor more than ten years. 8. If any person shall write for and knowingly deliver, Giving ps to. or cause to be delivered, to a slave not his own, or under on ac his lawful control, a pass to go from one place to another, and shall affix the name of any one, or a fictitious name thereto, without the consent, express or implied, of the owner or person having the control, he shall be guilty of forgery, and confined in the penitentiary notless than one nor more than five years. ARTICLE X. Bank notes, bank paper, 4Tc. 1. If any person shall forge or counterfeit a bank bill, cou terrWitig or note or check, or draft, upon a bank, or the certificate of bank OUG-&; deposit of money therein, of any bank or company incor- M. & B. 12-9. porated by law, in any part of the United States, or any indorsement thereon; or shall erase or alter the same, or any indorsement thereon; or shall tender in payment, utter, vend, exchange, barter, or demand to have exchanged for money, any such forged, erased, altered, or counterfeited bill, note, draft, check, or certificate of deposit, or the in- dorsement thereon, knowing the same to be forged, coun- terfeited, erased, or altered, he shall be confined in the pen- itentiary not less than two nor more than ten years. 2. If any person shall have or keep in his possession H.,igcOnter. any counterfeit bank note, or counterfeit gold or silver coin, . o 'i ' knowing the same to be forged and counterfeited, with the intention of circulating the same, he shall be confined in L 477. CRIMESI AND PUNISHMEN. the penitentiary not less than two nor more than ten years. 3. If any person shall have or keep in his possession Having in pei- promissory notes, purporting to be bank notes on any bank aet'i-i n'An l basills , xist- not in existence, or of any unauthorized association of per- sons for banking, knowing the notes to be such, with the intention of fraudulently circulating the same, or to pass, or offer to pass or circulate the same, he shall be confined in the penitentiary not less than two nor more than ten years. 4. Whoever shall knowingly make or mend, or proceed Maling,&. m to make or mend, or buy or sell, or have in his possession chive. press . or control, any machine, press, die, tool, plate, or stamp, or buting. other instrument or thing used or intended torbe used in counterfeiting, shall be confined in the penitentiary not less than one nor more than four years. And all such machinery, plates, stamps, die, tools, or other instrument, shall be seized, and may be used on the trial as evidence, and then defaced and destroyed by order of court. ARTICLE XI. Larceny. 4 1. Persons guilty of larceny of goods and chattels of Punishment Of the value of four dollars, or more, shall be punished by a larceny. confinement in the penitentiary of not less than one nor more than five years; and persons guilty of larceny of goods and chattels of less value than four dollars, shall be punished by stripes not exceeding thirty-nine, unless in those cases in which the punishment is specifically pre- scribed in this chapter. 2. If any person shall steal and hold, or sell fraudu- Steijigorstal lently, or offer to sell, a free person as a slave, knowing Ig Pe- perso the person so sold or stolen to be free, he shall be confined in the penitentiary not less than five nor more than ten M. & B. years. 3. If any person shall steal a horse, mule, jack, orjen- orse stealing. net, he shall be confined in the penitentiary not less than 1i. & B. 1287. four nor more than eight years. 4. If any person shall steal a hog, of the value of four Bog stealing. dollars or more, he shall be confined in the penitentiary not M.& B. 1255. less than two nor more than four years. 5 5. If any person shall steal money, goods, or chattels, Larceny of the of the value of four dollars or upwards, either from the per- vale of 4. son or possession of any one, or from his house, without 256 CRBlES AND PUNISHMENT7 violence or putting in fear, he shall be confined in the peni- M. & B. 17. tentiary not less than tvo nor more than four years. 6. If the money, goods, and chattels stolen, as describ- 1nder v-lue ot1. ed in the preceding section, be under the value of four dol- lars, the offender, it a male, shall be punished by any number of stripes, not exceeding thirty-nine, on his bare back; if a female, she shall be imprisoned not exceeding ten days. A male convicted of larceny under this section shall pay the costs of prosecution, and shall be committed to jail until they are paid. After he has remained in jail ten days, and the judge is satisfied that the costs cannot be coerced, the convict shall be discharged. 7. If any person shall fraudulently steal, destroy, or withdraw the record, or any part thereof, of any judicial proceeding pending or decided, he shall be confined in the bi- & B..1274. penitentiary not less than two nor more than tell years. 8. If any person shall willfully and fraudulently make iuries to boats, a hole in any steamboat or other vessel or water craft in distress, or shall steal or destroy a pump, or other materials M & B. 1:174. or goods belonging to such boat, vessel, or craft; or shall destroy or willfully do any thing tending to the immediate destruction of a steamboat, vessel, or other water craft, though the same be not in distress, whereby human life is endangered, he shall be confined in the penitentiary not less than one nor more than seven years. 9. Whoever shall receive any stolen goods, chattels, or gR-eivinMstoxen other thing, the stealing whereof is punished as a felony or misdemeanor, knowing the same to be stolen, shall be M. & B. 1271. confined in the penitentiary not less than one nor more than six years. Such offenders may be convicted though the principal offender has not been convicted. 10. If any person shall steal a land warrant or other Stealing land authority issued by the register of the land office or other person having authority to make such warrant or au- & B.12. thority, whereby waste and unappropriated land may be surveyed; or it he forge, erase, or alter the same when rightfully issued, or utter and publish the sanie, knowing it to be forged, erased, stolen, or altered, he shall be confin- ed in the penitentiary not less than two nor more than ten years. ART[I.CLE Xr. lErnabe::cnnnt. 1. If any director, or officer, or servant, of any incor- Byo E eoffleS of porated bank, or any officer of public trust in this state, or &c. P 83 257 CRIIES AND PUNISHBMNTS. V. R. 89. any officer, agent, clerk, or servant of any incorporated company, embezzle or fraudulently convert to his own use, bullion, money, bank notes, or other security for money, or evidences of debt or claim, or any effects or property of another person which shall have come to his possession or been placed under his care or management as such officer, he shall be confined in the penitentiary not less than one normore than ten years. 2. If any carrier, porter, or other person to whom mon- By carrien, &c. ey or other property or thing which may be the subject of larceny, may be delivered, to be carried for hire, or any other person who may be entrusted with such property, em- bezzle or fraudulently convert to his own use, or secrete with intent to do so, any such property, either in mass or otherwise, before delivery thereof at the place or to the person to whom the same were to be delivered, he shall be confined in the penitentiary not less than one nor more than five years. 3. If any clerk or officer of any bank or joint stock Making f.1s company, make or alter or omit to make any entry in any bks,&c.' account book kept by him in such bank or by such com- pany, with intention to conceal the true state of such ac- count, or to defraud the bank or company, or any individu- al, or to enable or assist any person to obtain money to which he was not entitled, he shall be confined in the peni- tentiary not less than two nor more than ten years. 4. If the master or manager of a boat or other vessel F-ud.by... shall fraudulently land and put on shore any hogshead, te f b..t ,e -e gard Ei.u.peon, cask, or package of tobacco or flour, put on board of such boat or vessel to be carried to any public warehouse or other place appointed by law for the inspection of tobacco or flour, or shall fraudulently put the same on board some other vessel, so that the same be not delivered at the point to which it was shipped, or shall fraudulently open any hogshead, cask, or package of tobacco or flour, before the same has been received by the inspector, he shall be con- fined in the penitentiary not less than one nor more than five years. ARTICLE Xli. Dcstromjing a will-Obtaining money, 4r.c, &y false pretenscs. 1. If any person fraudulently destroy or conceal a will Fraudulently or codicil, with intent to prevent the probate thereof, he detroYig r - shall be confined in the penitentiary not less than two nor V.K1.g wive. V. R. 731. more than five years. 258 CRIMPS ANTD PUNISHMENTS. 2. If any person, by any false pretense or token, with Ohtaoinigmoney intention to commit a fLaud, obtain from another money, tenI-s property, or other thing which may be the Subject of lar- ceny, or if he obtain by any false pretense or token, with like intention, the signature of another to a writing, the false making whereof would be forgery, he shall be confin- el in the penitentiary not less than one nor more than five years. 3. Every person wcho shall falsely and fraudulently Fasepemsonatioan. represent or personate another, and in such assumed char- acter shall 1. Marry another. 2. Become bail or surety for any party in any proceed- ing, civil or criminal, before any court or officer authorized to take such bail or surety. 3. Confess any judgment. 4. Acknowledge the execution of any conveyance of real estate, or of any other instrument which by law may be recorded, or, 5. Do any other act in the course of any suit, proceed- ing, or prosecution, whereby the person so personated or represented purports to be made liable, in any event, to the payment of any debt, damages, costs, or sum of mon- ey, or his rights or interests may in any manner be atle ct- ed, shall, on conviction, be punished by confinement in the penitentiary for a term not less than one nor more than five years. 4. No indictment for the offense described in the first Marrying under subdivision of the preceding section, shall be found, unless when puisbetd. upon complaint of the injured party, and within two years after the perpetration of the offense. 5. Every person who shall falsely and fraudulently Reeifing mone represent or personate another, and in such assumed '.M. , "'50 character shall deceitfully receive any money or valuable property of any description, intended to be delivered to the individual so personated, with purpose to appropriate the same to his own use, shall, upon conviction, be confin- ed in the penitentiary not less than one nor more than four years. ARTICLE XtV. Dcstrnyinig and obstruclini, public workts and cor)cr trers. 1. If any person shall unlawfully and maliciously blow al-Iioa11y in- up or attf.,npt to blowv up, with gunpowder or other mate- flog Injure pb. rial, any of the locks of the Louisville and Portland canal, x. H. 1.04. 259 20CRDIES AIND PUNI8HMENII. or any of the works of a railroad company, turnpike or plank road company, or any of the locks and dams now built, or which hereafter may be built by the common- wealth upon any water course; or shall, by any other means, willfully and maliciously destroy or injure any of the locks or dams or works aforesaid, or any bridge over the same, or other public bridge, with intent to impede or injure the navigation or the travel thereon, or the use of any bridge across such canal or lock, or other water-course, he shall be confined in the penitentiary not less than two ior more than four years. 2. If any person shall fraudulently and willfully re- DrfAcin-,&c. move, deface, cut down, or destroy a corner tree or corner jrn.,r tines, cor- aerstoues, dc. stone, to the survey of any tract of land, he shall be con- M.& B& l. fined in the penitentiary not less than four nor more than eight years. 9 3. If aiiy person shall willfully and maliciously stop the iiciou. inju- passage of salt water conducted through pipes or troughs pipe", ins.&c. fromasalt well or springtoacisternorfurnace whereF alt is mnade, or wrongfully fill up a salt well or spring, or pump used in either. so as to stop the use and benefit of said well, spring, or pump, he shall be confined in the peniten- tiary not less than one nor more than three years. 4. It' any person shall willfully and maliciously place Oist-ictinror an obstruction by stones, logs, sticks, or any other thing, iin i iail- on the track of a railroad, or shall tear up or remove any part or portion of a railroad, or the works thereof; with in- tent to obstruct the passage of cars thereon, or to throw them off the track, he shall be confined in. the penitentiary not less than one nor more than ten years. (a) (a ) The following act was passed, and approved on the Ist Januaiy, 1852. Tbe chapter on Crimes and Punishments was ap- proved on the 7th of January, 182, to take effect the Ist Julv, 1852. So far as the punishment for the same offense, described in this section and that described in the act, may be different, it will be matter of judicial determination, when the question occurs, to say which shall prevail as the law of the land. The commis- tion,-r.; did not deem it necessary to add, in this article, provisions similar to the two last sections of the act, as they were of opinion that if death was caused bv the unlawful act denounced, it would be murder in the person guilty; and, by general provision of lawr, the third section was unnecessary. An act to puidear persons for enadoneriinq life by placing obstreC- tions on rodroads-approred Januargy 1, 1852. 1. That any person or persons who shall willfully and mali- A. 1851A , 11. ciously tear up or displace any rail or switch, or break any bridge, 2W CRI3103 AND PUNtISIMMIENIS. 5. If any person shall willfully and maliciously injure, InjtlnrI. &.. obstruct, or destroy a telegraph line, post, or pier, or the teiegr.Pia lh- & materials or property belonging to or attached to a tele- A. 15474. graph, he shall be confined in the penitentiary not less than two nor more than ten years. 6. If any agent, officer, or manager of a telegraph Teleggr.ph agent line constructed in this state, or other person, shall know- s ' telrligruce, or cuar- ingly transmit, on or through the same, any false commu- turtly tg nication or intelligence, with intention to injure any one, or to speculate on any article of merchandise, commerce, or trade, or with intent that another may do so; or if any agent, officer, or manager of a telegraph line, from co.- rupt or improper motives or willful negligence, shall with- hold the transmission of messages or intelligence for which the customary charges have been paid or tendered, he shall be fined not less than ten nor more than five hundred dollars. ARTICLE XV. Ofnses lY convicts, 4. 1. If a person convicted and confined in the peniten- s-pes fram tiary by the judg-nent of a court shall escape th erefrom, or pelhentir. being out under guard shall escape from custody, he shall M. & B.1f viaduct, or fixture, on any railrond now in operation in this state, or which may hereafter be put in operation, or who shall place any obstructions thereon, or do any act whereby any locomotive or cars might be upset, arrested, or thrown from the track of any railroad, branch, turnout, or switch, shall, upon conviction there- of, be punished by imprisonment in the penitentiary for not less than one nor more than five years. 2. That any person or persons who shall, by any of the un- lawful acts enumerated in the first section, cause the life of any person or persons to be put in immediate peril, or shall cause any locomotive or any car to be actually thrown off of the track of any railroad, switch, or turnout, shall, upon conviction, be punished by imprisonment in the penitentiary for not less than two nor more than ten years. 3. That every person or persons who shall, by the commis- sion of any of the aforesaid offenses, cause the death of any per- son or persons, shall be guilty of murder, and shall be punished with death, as in other cases. 4. That nothing in this act shall be so construed as to prevent such railroad company, or any person injured, from sustaining a civil suit for damages against any person or persons committin' the offenses aforesaid. 5. All offenses under this act shall he tried in the circuit coturt of the county where the offense is committed, upon an indictment of a grand jury. 261 CRIME AND PUSJNJIEN7I. he punishcd by a further confinement in the penitentiary of not less than two nor more than six years, to commence after he sha!l have served out the time for which he was first convicted. 2. The Franklin circuit court shall have jurisdiction of the oflense in the preceding section mentioned. 3. When a convict shall escape from the penitentiary, WVrrant tlbe the keeper and one of the inspectors shall issue their war- imed by Weeper an.sI W.Pa.' rant, directed to all sheriffs, constables, and marshals in M &B. the state, and to all persons, authorizing and requiring them to retake and convey such convict to the penitentia- ry. The person recapturing and conveying back to the R-erd for re- penitentiary any convict, shall be paid, out of the funds of the penitentiary, by the keeper, a reward of one hundred dollars, and all reasonable expenses. The keeper and one of the inspectors may employ persons to go in pur- Peruon.s mry be suit of the convict, and pay them, out of the, funds of the emnpluyed 1.r p.,- 'jL penitentiary, a reasonable compensation for their services. 4. If a sheriff or other officer shall refuse or willfully shriff or ,tolr neglect to obey such warrant of the keeper and inspector, 1e he shall be guilty of a misdemeanor, and, on convic- tion, fined not less than ten nor more than one hundred dollars. 5. If any person shall, by violence or threats of vio- Penalty foro, lence, oppose an officer or other person in the attempt to ponlag ie.;pwe. recapture such fugitive from the penitentiary, or if any per- M. & B.125. son shall rescue or attempt to rescue such fugitive after he is retaken, from the person having him in custody, he shall be confined in the penitentiary not less than one nor more than four years. 6. The convict, after he is retaken, shall remain in the Noexaminlng penitentiary until the time of his trial for the escape, without an examining court, and without bail. The ac- quittal of the convict upon an indictment for the offense of escape fcom the penitentiary shall not affect the origi- nal sentence. 7. If any person shall comfort, harbor, or conceal any Pine for con.e.t- fugitive from the penitentiary, knowing him to be sueh rug ptif , &.;. except the husband or ivife of the fugitive, he shall be M.& B. 123. guilty of a misdemeanor, and fined in a sum not less than thirty nor more than two hundred dollars. 262 CRIME AD PUNISHMENM ARTICLE XVI. Escape and rescue of jwrisoncrs charged with crime. 1. If a jailer, or other officer, or a guard, voluntarily voluntanily su suffer a prisoner in his charge or custody, convictcd of n or charged with felony, to escape, he shall be confined in the penitentiary not less than one nor more than five years. 2. If any of the persons named in the preceding sec- xefruenpti u. tion negligently suffer a person convicted of or charged " e with felony, or voluntarily or negligently suffer a person convicted of or charged with an offense not a felony, to escape fromn his custody, or willfully refuse to receive any one lawfully ordered into his custody, he shall be confined in jail not niore than six months, or be fined not less than one hundred and not exceeding four hundred dollars. 3. If a person confined in a jail on conviction of a fel- Rune from JiL ony, the punishment of which is confinement in the peni- tentiary, shall escape therefrom, he shall, for such escape, be confined in the penitentiary one year. If a prison- er confined on sentence of imprisonment, or to be whip- ped, or under a capias, escapes from jail, he shall be con- fined in jail for such escape six months. 4. If a person lawfully arrested upon a charge for a Ea .pemf oaar. violation of the criminal or penal laws, forcibly or by bribery, effects his escape from the officer or guard, he shall be confined in jail not less than six nor more than twelve months. 5. When a person is lawfully detained as a prisoner in Aiding escpe, any jail, or in custody, if any person shall convey any thing into the jail or county prison, with intent to facili- tate the prisoner's escape therefrom, or shall aid him in any way to escape, or in the attempt to escape from such jail or custody, or shall forcibly rescue or attempt to rescue him therefrom, if such rescue or escape be effected, he shall, if the prisoner was detained on a conviction or on a charge of felony, be confined in the penitentiary not less than one nor more than five years; and if the escape be not effected, or if the prisoner was not detained on such conviction or charge, he shall be confined in jail six months and fined not exceeding five hundred dollars. 6. If any person unlawfully and by force arrest, or at- tempt to arrest, a prisoner from the presence of any judi- cial tribunal of original or final jurisdiction, while his trial is progressing, or after his conviction, or from the officer or 203 24CRIUME AND PUNISHMENTS guard of such tribunal having him in custody, he shall be confined in the penitentiary not less than one nor more than five years. ARTICLE XVII. Penal oftwses and punishmtmnts. 1. If any person shall, in a sudden affray, or in sudden Sb-oting or heat and passion, without previous malice, and not in self- tbbhiugin .dd.. affray. defense, shoot and wound another person with a gun or other instrument, loaded with ball or other hard substance, without killing such person; or shall, in like manner, cut, thrust, or stab any other person with a knife, dirk, sword, or other deadly weapon, without killing such person, he shall be guilty of a misdemeanor, and fined not less than fifty nor more than five hundred dollars, and imprisoned not less than six months nor more than one year. If any person unlawfully shoot at another, with intent Shotingat with- to kill or wound such person, without inflicting a wound, be shall be fined not exceeding five hundred dollars, and V. EL 74- imprisoned not less than six nor more than twelve months. 2. If any person shall willfully and maliciously inter- gisturbing rei- rupt or disturb a congregation assembled on or at any 0 hbip. place of and for religious worship, or misuse or maltreat id. & B. IM, any person being there, he shall be fined in a sum not less than ten nor more than fifty dollars, or imprisoned not less than five nor more than twenty days, or both so fined and imprisoned, at the discretion of the jury. 3. A justice of the peace, or any officer who is by vir- Mow ofl0nder tue of his office a conservator of the peace, having knowl- mbe arrese. 'edge of such offense, or being informed thereof by aflida- vit, as is prescribed in the next preceding section, may come with the sheriff or other officer, and call to his aid the power of the county if need be, and arrest the offender, put him under restraint, or may issue his warrant to an of- ficer for that purpose. 4. The person offending, when arrested, shall be kept Tobromflittrd in custody, unless he will give bond to the commonwealth Indefaulot bail, in the penalty of one hundred dollars, with good surety, that he will appear at a time and place to he fixed by the officer taking such recognizance, and not depart until dis- charged by due course of law. On failure to give such bond, the person arrested shall be committed to jail for safe-keeping, until the day fixed by the justice for trial. The justice shall fix the day and place of trial, within the county, not beyond ten days from the day of arrest. 264 CRnII!S AND PUNIHMENTS. 5. The: justice who shall try the offender shall, if re- Howo-nuderto quired by the party, cause a jury to be impanneled as often as need be to try the case, and ascertain the penalty and punishmentwithin the limits prescribed herein; ani if the defendant be found guilty, enforce the judgment by such process or order as may be necessary. If the accused do not demand a jury, the justice of the peace shall hear and decide the case. 6. If a justice of the peace, or sheriff, or other officer, Penalty on of- having knowledge or information of the commission of the ty. i offlense described in the second section of this article, shall willfully neglect and fail to execute the duties required of them respectively by the provisions of this article, they shall severally be fined the sum of one hundred dollars for each offense. 7. No officer, for any civil cause, shall arrest any min- Moni.er no to ister of religion or priest whilst he is publicly preaching or "-dnrinu performing religious worship in any religious assembly. An officer making or attempting to make such arrest shall X& 3.1S5 be fined not less than ten nor more than fifty dollars. 8. If any person, in any stage play, interlude, show, Proaa. cureag or exhibition, or in any public or professional speech or p.pecb lecture, jestingly or profanely curse or swear, he shall be M. & B. 12L fined, for each offense, five dollars. 9. If any person shall profanely curse or swear, or P.rofae swear. shall be drunk, he shall be fined five shillings for each of- nd drunken fense; and every oath shall be deemed a separate offense. If either of the offenses in this section be committed in the presence of a justice of the peace, or of any court of record, the justice of the peace or such court may, in- stanter, without further proof, inflict the penalty imposed by law. 10. Every white person who shall commit adultery or Adu1letr ad fornication Phall, for every offense of adultery, be fined 1 & e. twenty dollars, and for that of fornication, ten dollars. 11. No work or business shall be done or performed Ob-.a" of on the sabbath day, unless the ordinary household offices "abbat. of daily necessity, or other work of necessity or charity. M. & B. 1I7 If any person on the sabbath day shall himself be found at his own or any other trade or calling, or shall employ his apprentices, servants, or slaves, or other person, bond or free, in labor or other business, whether the same be for profit or amusement, unless such as is permitted above, he shall be fined two dollars for each offense. Every person, bond or free, servant or apprentice, so employed, shall be 34 265 CRIMtES AND PULNISIWE&NMS deemed a separate offense. Persons who are members of any religious society, who observe as a sabbath any other day in the week than Sunday, or the christian sabbath, shall not be liable to the penalty prescribed in this section, if they observe as a sabbath one day in each seven, as herein provided. 12. If any person shall knowingly and fraudulently al- iltbrlagrde- ter or deface the marks or brands on any horse, neat cat- fa-Ing brajida of boraes, &h. tie, Aheep, hog, or goat, be shall be fined in a sum not ex- Md. & B. 1s7. ceeding two hundred dollars, and imprisoned not exceeding six months. 13. If any person shall drive sheep for a distance of Drbivnd dher more than eight miles along a public highway, without marked. having each sheep visibly branded or marked by tar or 1. 545 paint, with one or more letters or cross marks, lie shall be fined not lean than two nor more than ten dollars for each sheep so driven whilst unmarked. 14. If any person shall die on board of any steamboat B-rial of Praos or other water craft, within this state, the master or other b..,ta ic. officer in command shall cause the dead body to be buried M. & B. 1263. on shore, at least four feet deep; and for a violation of this section, such master or other officer shall be fined not less than two hundred dollars, and the vessel shall be liable to the payment of the fine imposed. 15. Whoever shall unlawfully or secretly disinter or Uilntering bodics displace any dead human body from the gras c or vault in which it has been deposited, shall be fined not more than five hundred dollars, and imprisoned not exceeding six months, or both, at the discretion of the jury. 16. If any person shall exhibit or show, by riding or .xhibritn ic. leading, astud horse, or jack, or bull, or use him in cover- inf grhip. p g, Vit iei v or hearing of any place of public religious worship, during the time that an assemblage of persons, bond or free, are engaged in such worship, or aseembled for that purpose, or dispersing therefrom, he shall be fined not less than ten nor more than fifty dollars. 17. If any person shall sell to or deliver to any white Sellg poion, person, under the age of fifteen years, or to any slave or GM drugs free person of color, any poisonous drug or medicine, L. 47. without the written consent of the parent or guardian of such minor, or the master or person in lawv having lawful possession of such slave, he shall be fined one hundred dollars. 18. If the commander of a steamboat shall fraudulent- conbots df.'d ly take wood from a woodyard or woodboat, in this state, 2"6 CRIMES AND PUNISHIMENT. without the consent of the owner thereof, and without uletly tUking making or intending to make compensation therefor, he WO.d. L 478. shall be fined one hundred dollars. 19. If any person, when legally summoned by a sheriff Rerfllg 'wrber or other officer to assist him in the execution of his office, ticer' oing. shall refuse to do so, he shall be fined fifteen dollars, M B 6. unless he can give a good reason for such refusal or failure. '20. If any person shall sell or purchase within this ielliigpurrhm state, or remove from the limits thereof; any negro who ir,,;olisLe may be entitled to his freedom after the expiration of a dnt, i.n fruro, without conset time then to come, knowing such negro to be thus entitled or court. to his freedom, without first obtaining the consent of the go & B. 1ua. county or circuit court of that county in which he has re- sided for the last preceding year, permitting such sale or removal out of the state, he shall be fined not less than one nor more than five hundred dollars, and imprisoned not less than six nor more than twelve months-one-half of the fine to be paid to the informer and prosecutor. The offender may be indicted without a prosecutor; in which case, one-third of the fine shall be paid to the common- wealth's attorney. 21. The order of court,to authorize the sale orremov- h order a- al, shall state the name, age, and sex of the negro, and thoteiD shl when he is to be set at liberty, and a certified copy under the seal of the court shall be given to the negro, at the time of the sale or removal. 22. If any persons shall conspire, confederate, or bind Conspiring to themselves, by oath, covenant, or agreement, maliciously P "cte and falsely to aid one another to carry on or institute any M. &B.415. prosecution in the name of the commonwealth against any other person, they shall be fined not exceeding one hundred dollars, or imprisoned not exceeding twelve months. 23. If a butcher or other person shall knowingly sell Belting -Wbo the flesh of any animal dying otherwise than by slaughter, somcprocisione. or slaughtered when diseased, or shall sell the flesh as of M. & B. 12. one animal, knowing it to be that of another species; or if a baker, brewer, distiller, or other person knowingly sell unwholesome bread or drink, he shall be fined not less than one nor more than fifty dollars. 24. If any person fraudulently adulterate, for the pur- Adflt.rWing pose of sale, any thing intended for food or drink, or any food drik, ot drug or medicine, with any substance injurious to health, he shall be confined in jail not more than one year, and 267 CRLMIE AND PUNISHUENTS fined not exceeding five hundred dollars; and the adulte- rated articles, by order of the court, shall be destroyed. 25. If any person unnecessarily and cruelly beat or cnmelty to beet torture any horse or other beast, whether his own or that of another, he shall be fined not exceeding fifty dollars. ARTICLE XVIII. Riots, routs, and braches of the peace. 1. If a riot, rout, unlawful assembly, affray, or breach By whom sup. of the peace, be made or committed, the same may be sup- pre-wd.a d ofeWaretd-ug d arrested. pressed and the persons guilty arrested by any judge of the circuit or county court, police judge, or justice of the M. & II. 1390...X peace, sheriff, marshal, or constable. 1. They shall have power to call to their aid the power Ofilcer matcan of the county, if need be, and proceed to arrest the persons power .1 C011 guilty of either of the offenses aforesaid, and commit them to jail, there to remain until the time fixed by the officer Offenders to be ordering the arrest for the trial of the offenders, which shall .ommitled in de- 1a.lt of bail. not exceed five days from the day of arrest, unless the per- sons arrested shall severally enter into bond, with good surety, in a sufficient penalty, conditioned that they will be of good behavior, keep the peace, and personally ap- pear on the day and at the place fixed for their trial, and answer to the charge, and not depart without leave. When the arrest is made by a sheriff, marshal, or constable, the offender shall be taken before a justice of the peace, or some other judicial officer, whose duty it shall be to re- cognize the offender, with good security, as above. 2. Any of the judicial officers aforesaid, upon complaint Warrnt may be on oath that any of the offenses above have been commit- plaint within ted, shall issue his warrant, directed to the sheriff or other day. officer, commanding him to arrest the persons charged, and commit them to jail, unless they will give bond with surety, in a penalty to be stated in said warrant by the of- ficer issuing the same, conditioned as above. But no warrant shall be issued in such case, unless the complaint is made within sixty days after the offense has been committed. 3. The sheriff, or other officer, shall summon a jury of Jury to be sum- twelve sober, discreet housekeepers, to attend at the time lo-dled. and place fixed for the trial of the offenders, who shall be sworn to try the case. If any, so summoned, shall fail to attend, or be objected to or excused, others shall be sum- moned in their stead. The justice or judge shall preside 268 209 CRIMS AND PUNISHMENTM. at the trial, and decide all questions of law arising in the case, and preserve order. 4. UIpon hcaring of the evidence, if the jury believe the Puaiubment. defendants, or any one or more of them, guilty, they shall be severally fined in a sum not exceeding thirty dollars, or imprisoned not exceeding fifteen days, or both so fined and imprisoned, at the discretion of the jury. The persons con- victed shall pay the costs of the prosecution. 5. If the prosecution is commenced by or at the instance Cets when de- of an officer, he shall not be liable to pay costs if the de- fendant is acquitted. If it be commenced at the instance of any other, such person shall be liable to costs. If the finding of the jury shall be for a pecuniary penalty alone, ImPriSODflehlt unless the same be paid, the defendant shall be commit- r uf fine. ted tojail by the officer presiding at the trial, and confined for a term of days, which, at the rate of two dollars per day, will satisfy the whole fine imposed. G. Nothing in this article shall be construed to repeal Co-nw. in the common law in relation to riots, routs, affirays, unlaw- &c..-nut repetlei. ful assemblies, or breaches of the peace; which offenses M.& is. t. may be punished as and by the common law as hereto- fore. ARTICLE XIX. Ducling. 1. Whoever shall challenge another to fight in single chatIitgtIn.c combat or otherwise, with any deadly weapon, in or out of this state, shall be imprisoned from three to twelve months, or fined five hundred dollars, or both. 2. Whoever shall accept any such challenge, shall be Ac.e. ting bal- imprisoned from one to six months, or fined two hundred tefl5 and fifty dollars, or both. 3. Whoever shall knowingly carry or deliver any such Carrying chtl. challenge, or consent to be a second to either party in any ggt.obe d. such duel, shall be imprisoned from ten to thirty days, or fined one hundred and fifty dollars, or both. 4. Any person convicted of either of the offenses named Penaltiy. in the three previous sections, shall forfeit any office he may then hold, and be excluded and held disqualified from receiving and holding any office, and also from exercising the right of suffrage within this commonwealth, for seven years after the date of his conviction. 270 CRIMES LND Pi1HMrtTS. ARTICLE XX. Racing on the highwcay, 4r. 1. If any person shall induce or accept of any minor Inductig or -. or slave, apprentice or servant, without the assent of the n ri1t in natural or statutory guardian of such minor, or the assent raesuc. of the owner of such slave, or master of such servant or M.& B. 136. apprentice, to ride in a race, or to practice any horse to run, or to break any horse to ride or work, he shall for each offense pay the sum of one hundred dollars, to be paid to the guardian, owner, or master, as the case may be, to be recovered by suit in any court having jurisdiction; and shall also be liable, in the same suit, for such other dam- ages as the plaintiff may have sustained. 2. If any person shall be engaged directly or indirect- Ranniv bely,in running a horse, by way of practicing him, or in run- Btrt'tL. bruining a horse race, on a public highway, or on the street of any town or city, he shall be fined ten dollars for each offense. ARTICLE XXI. Lotterwis. 1. Whoever shall set up, draw, manage, or otherwise Pine tor setting promote any lottery for money or other thing, or dispose UitwsaagogL of, or promote the disposing of, any money or thing of value by way of lottery, or aid in the doing of either of said offenses, shall be fined from one hundred to ten thou- sand dollars. 2. Whoever shall write, print, vend, or have in posses- Sor p nting, sion, with intent, for himself or another, to sell or offer to V5UD.z S. t- sell, negotiate, exchange, or dispose of any ticket, share of a ticket, or any writing, certificate, token or device, pur- porting or intended to entitle the holder, bearer, or any oth- er person, to any prize, or any share of or interest in any prize, to be drawn in any lottery, in or out of this state, shall be fined for every such offense from one hundred to one thousand dollars. 3. Whoever shall knowingly permit, in any house, Permitting ous shop, or other building occupied or controlled by him, the to be -ccupied for' lottery. setting up, managing, or drawing of any lottery, or the sale or exchange of any lottery ticket or other thing men- tioned in the preceding section, shall incur a like penalty as therein named. 4. Whoever shall advertise or give public notice of any ftI,ifiins '- lottery, ticket, or other thing, in the last two sections, be- CRIMES AND PUNISHMENTL ing for sale or exchange, or set up or exhibit any sign, symbol, or other representation of a lottery, or the drawving of a lottery, indicating where the same may be bought or obtained, in this state, shall incur the like penalty as in those sections named. 5. The penalties of the three preceding sections shall P.ituue apply apply as well where the lottery is merely pretended and rae. fictitious, as to the cases where the lottery is real. 6. Three years after this chapter takes effect, all rights A1ll ottcrv rights and privileges which may have been granted by the legisla- in three yea&. ture of this commonwealth to raise money by lottery for any purpose, shall cease and determine. ARTICLE XXII. Actions popular, or suits for pewdtly. 1. All prosecutions for crimes or penalties, and all suits To b. for penalties, shall be commenced in the court having ju- "I h,.Offe'..e Cm, risdiction of the same, of that county, town, or city in ited. which the crime was committed or the penalty incurred. M. & IL 12C9. 2. The person who first, in good faith, shall sue for and Person first en. recover judgment, shall be entitled to the penalty incurred eniled toewslty by the defendant, in all cases where a part or the whole of the fine or forfeiture is given by law to the person suing; and no suit or judgment had or contrived, whereby to screen the offender from a penalty, or prevent a suit in good faith by another person for the same, shall be availa- ble against a prosecution carried on in good faith, and without collusion with the defendant. 3. It shall not be lawful for any commonwealth's at- Comm.nwea-the etw IY Oa o n torney, or attorney prosecuting for the commonwealth, to ccIte"-n.ontey, Vt, receive or agree to receive, directly or indirectly, any mo- ttprneecute.D ney or other thing from any person prosecuted for, or sup- posed to be guilty of, violating any of the penal laws, in consideration not to prosecute such offender, or not to prosecute him for more than one violation of any penal law, nor in any other way to waive or fail to make a prosc- cution under any penal law, so as to enable the offender to escape or avoid the full penalty of the law. And if a commonwealth's attorney, or any attorney prosecuting for Penalty tlert. the commonwealth, shall violate any of the provisions of this section, he shall be guilty of a high misdemeanor, and fined not less than the amount imposed upon the offense compounded or agreed, and imprisoned ninety days. , 4. If an informer or prosecutor upon a penal statute, Pe.llrorroni. oiunding oenae, or in any criminal prosecution, shall compound the penal- le. 271 7CRIMPS AND PUNISHMENTS. ty, or agree, directly or indirectly, with any one charged or supposed to be guilty of an offense against the penal laws, in consideration of any money or other thing paid or to be paid, not to produce the requisite proof, or to with- hold any witness or evidence in the prosecution, or not to appear as prosecutor or witness against such person, he shall be guilty of a high misdemeanor, and be fined a sum not less than the penalty compounded, or to be imposed upon the person compounded with if he were found guilty, and imprisoned for sixty days; and if the prosecution com- pounded be for a felony, he shall be fined not exceeding two hundred dollars, and imprisoned not exceeding twelve months. 5. In all cases coming within the provisions of the two Court wftw-t preceding sections, where the court has reason to believe Inscorrupt cor n tt"ct Da; ppoijt in the existence of any such corrupt agreement, the judge attorney to pbone- ! cute. shall appoint an attorney to prosecute the accused com- m. &BEL pounded with, and may order the prosecution to proceed, notwithstanding any such corrupt agreement. 6. In penal prosecutions, if the defendant confess judg- Webre de"fe l ment, it shall be for the penalty' imposed by law; and if utwt. the attorney for the commonwealth, or prosecutor, shall by M. & D 476. law be entitled to any portion of the same, only one-half of the proportion allowed by law to such attorney or pros- ecutor, shall be paid to them, and the residue of the pen- alty shall enure to the commonwealth. ARTICLE XXUI. Usurpation of ojice and bribery of officers. 1. If any person shall usurp any office established by UrPing ame, the constitution or laws of this commonwealth, or shall knowingly hold and pretend to exercise such office, after A. 38467 his election or appointment thereto shall have been declar- ed by a court of competent jurisdiction illegal or void, or after his term of office has constitutionally and legally expired, he shall be guilty of a misdemeanor, and fined in a sum not less than five nor more than fifteen hundred dollars. 2. Whoever shall agree or promise to sell or purchase, Ag Pubreeing tOM for himself or another, directly or indirectly, for reward or profit, any office or employment of honor, trust, or profit, or any deputation thereto, or any part or participation of the profits thereof, or any appointment or nomination thereto, or resignation thereof, or the consent or voice of any per- son to such appointment, or nomination, or resignation, 272 CKRIES AND PUNISRMEx . shall be fined in a sum not less than fifty nor more than five hundred dollars. 3. If a member of the general assembly, or if any ex- Hribinlag inberm ecutive or ministerial officer, shall take or agree to take, bl7roxeini- eor any bribe to do or omit to do any act in bis official capaci- ty, he shall forfeit his office, and be fined in a sum not less M.& B. 1242. than two hundred nor more than one thousand dollars; and, moreover, be disqualified from holding any office of trust or profit, and from the right of suffrage for ten years. ARTICLE XXIV. Contempts. 1. No court or judge shall, for any contempt against Fine not tno x- such court or judge, impose upon the offender a fine ex- priu-.-n - ceeding thirty dollars, or imprison him exceeding one day, dywithout jury. without the intervention of a jury legally impanneled to M. & B. 4. assess the amount of fine and fix the duration of imprison- ment. 2. No justice of the peace or police judge shall, for Befre justice any contempt offered to him, have power to inflict a fine and police judge. exceeding three dollars, nor an imprisonment exceeding six hours. 3. If any judge of a court, or justice of the peace, or Judge or justice police judge, violate the provisions of the two preceding ion,. sections, he shall be removed from office, and likewise sub- ject to the action of the party injured. 4. In all cases of trial by jury arising under this arti- T.Uhdgienin cle, the truth of the matter may be given in evidence un- der the general issue. 5. Witnesses, jurors, and officers of court, for a con- Contempt by tempt in disobeying the summons of court, or neglecting t J'," to execute or due return make of a subpmena or order of court, or other judicial officer, or for any other contempt, may be fined by the court or officer sitting as such, in a sum not exceeding thirty dollars. If any person shall, with force and arms, enter any court Fnterins court house, or room in which a court is held, during the time -rm, .orokatrutt, such court shall be in the discharge of its official duties, or if he obstruct or hinder by any means such court from - & B. 124 discharging its duties, he shall be fined and imprisoned at the discretion of a jury. 6. No court or judge shall proceed by process of con- Court .ot to prce nfor coo-. tempt, or impose a fine against any person who shall, by P'p t"r words or writing, animadvert upon or examine into the it, prneec proceedings or conduct of such court or judge, by words m-& B 420. 35 273 CR24CIMES AND PUNISHMM&M spoken or writing published not in the presence of such court or judge in the court house, during the sitting of the court. 7. Persons committed to prison for a contempt shall ilWo4 t. not be admitted to bail. 8. Upon a capias or other original process, if sued Bond and surety against a person charged with a contempt, the court or of- s TV ' P ficer awarding it shall direct in what sum or penalty the accused shall give bond, with good surety, for his personal appearance at the time and place named in the process; which order shall be indorsed on the writ. If bond be giv- en and the condition thereof violated, proceedings as in other cases shall be instituted by the attorney for the com- monwealth to recover the penalty. 9. If the person arrested by virtue of the proccss in Committed in the preceding section, shall fail to give the bond as re- de -(ult of Baijg bond, &c. quired, the otficer making the arrest shall forthwith remove and lodge him in the jail of the county whence the process issued. 10. Nothing in this article shall be construed to pre- How -rtie to vent any court or judge thereof from proceeding against b.-.r-.cJ. any person writing or publishing a libel, or slanderous words, of and concerning such court or judge in relation to his judicial conduct in court, by indictment or present- ment, nor from prohibiting any court or judicial tribunal from punishing any person guilty of a contempt, in resist- ing or disobeying any judicial order or process issued by or under the authority of such court or judicial tribunal or officer . 11. If a sheriff or other officer corruptly, or through ssermesumro- favor or ill-will, summon a juror with intent that such o!rrjp`t.ntn.th juror shall find a verdict for or against either party, or shall summon a grand juror from the like motives, with intent that such grand juror shall or shall not find an in- dictinent or presentment against any particular individual, he shall be fined not exceeding five hundred dollars, and forfeit his office, and be forever disqualified from holding any office in this commonwealth. ARTICLE XXV. Trespass and injury to property. I. If any person shall wrongfully break or enter a park Injuries to deer or other inclosed grounds used for the keeping, breeding, P.iAs., &o. M.& I and cherishing of deer, elk, or buffalo, and hunt, drive, or 274 C-RtI AND PUNITSRMXNW.6 chase, take out, maim, or kill any deer, elk, or buffalo therein found, he shall be fined not exceeding twenty dol- lars, and shall also pay to the person aggrieved treble the amount of damages sustained. He shall, on conviction of the offense, be compelled to give bond, with good surety, in the penalty of one hundred dollars, to keep the peace and be of good behavior for twelve months. On a failure to give such bond, the court shall commit him to jail for thirty days, unless such bond be sooner executed. 2. Any person who shall knowingly and wrongfully kill or wound a tame or pet deer, having a bell or collar on, shall be fined five dollars, and pay the owner three M.&B.-9i. times the value of such deer. 3. If any person shall break or cut down, cut out or In-iurstofla destroy any head or dam of any pond, pool, moat, stew, stagnet, or pit wherein fish are or shall be put or stored by the owner or person in possession thereof, or shall wrong- fully, and without leave, fish in any of the places above enumerated, he shall be fined not exceeding fifty dollars, or imprisoned not exceeding three months, and pay the party aggrieved treble the damages sustained; and shall, if required, give bond in the penalty of one hundred dol- lars, with good surety, to keep the peace and be of good behavior for twelve months, or stand committed until such bond be given. If a slave commit any of the offenses in this section, he shall be punished by stripes, not exceeding thirty-nine. 4. If any person shall kill, take, destroy, intoxicate, or tlrnngosh,&,.. by to-ing tu sicken fish, great or small, or attempt to do so, in any OIdiLdI. &s. stream, dam, moat, pit, stew, pool, or pond, by throwing or placing therein, or procuring it to be done, any prepara- tion, substance, powders, berries, or medicine of a sicken- ing, intoxicating, or destructive quality, he shall be fined ten dollars. If a free negro be found guilty of any of the offenses in this section, by the verdict of a jury impanneled by a jus- tice of the peace or in the circuit court, he shall be pun- ished by any number of stripes not exceeding ten. If a slave be guilty of any of the offenses in this section, he shall be punished, by the judgment of a justice of the peace, by any number of stripes not exceeding ten. 4 5. If any person shall unlawfully and maliciously set -tiru -to fire to any woods, fence, grass, straw, or other thing capa- ble of spreading fire on land, he shall be fined not exceed- V. R- u. "s COIMU Al4D PUNISHMZ! ing one hundred dollars, and confined in jail not less than two nor more than twelve months. 6. If any person intentionally or negligently set any woods on fire, whereby damage is done to the lands or pro- perty of another, he shall be amerced at the discretion of a jury. 7. If any person unlawfully, but not with felonious in- Ccarrying aray tention, take, carry away, deface, destroy, or injure any tniabulj hy property, real or personal, or other thing of value not his nLth i own, or willfully and knowingly, without a felonious inten- tion, break down, destroy, injure, or remove any monument erected to designate the boundaries of this state, or any county, city, or town thereof, or the boundaries of any tract or lot of land, or any tree marked, or post or stone planted for that purpose, he shall be fined not less than ten nor more than two hundred dollars. 8. If any person shall willfully kill, disfigure, or maim Willing, dif1ig any horse, cow, mule, jack, or jennet, not his own, without hor.s os., &d. the consent of the owner, he shall be fined not less than ten nor more than one hundred dollars, or imprisoned not less than one nor more than six months. If a slave be guilty of either of the offenses above described, he shall be punished by any number of stripes not exceeding thir- ty-nine. 9. If any person shall willfully and unlawfully cut I down or destroy, by belting, topping, or otherwise, any fruit or shade tree of another, or quarry stone on the land, pull down or open the fence or gate, destroy or injure the vege- tables, trees, or shrubbery in a garden of any other person, he shall be fined not less than five nor more than five hun- dred dollars. 4 10. If any person willfully and unlawfully pull down ulwliog dowr, or or injure a church, court house, school house, or other pub- Injnrog cb-rchen, hiooL bo li.c. ic building, he shall be fined not less than five nor more than five hundred dollars. I1. If a slave commit either of the offenses described WMen oddera in the three next preceding sections, he shall be punished with stripes, not exceeding thirty-nine. ARTICLE XXVI. Surety for the peace. 4. No person shall be required to enter into a recogni- RZog"OIhce fr zance to keep the peace or be of good behavior, for a Mo longer t ei M.B 44 longer period than one year, at any one time. so 4 2. In applications to bind persons to keep the peace Testimony to t. and be of good behavior, the court, justice of the peace, ,Oo Un aI,)Lica or other officer to whom such application is made, shall hear testimony, if offered by either party, to enable him to decide whether the application is vexatious, malicious, with or without good cause. CHAPTER XXIX. CURRENCY. Unlawful to tender or pass, as the representative of money, any bill, note, &c., unless that of a legal incorporated Bank. The Attorney for the Commonwealth may, by petition in equity, restrain persons who are about to engage in issuing notes in vio- lation of law. A certificate of deposit, or of stock, in such form as to pass by dit- livery, within the prohibition of this chapter. Corporations not expressly allowed, forbid to loan money, deal in exchange, &c. 4 1. It shall not be lawful to make, offer to pay, or pass, xt or ic-r. or offer to pass any note, bill, order, or other thing passing tob. ofw rd &c by delivery, as a circulating medium in lieu of or as the representative of money, unless it be the note or bill of a &23 some banking institution, legally incorporated, in the Uni- ted States. If a note, bill, order, or other such thing, be of the de- nomination of two dollars, or under that amount, it shall be presumed to have been made, paid, or passed in viola- tion of this section, unless the contrary be proved. 4 2. Every party to any such note, bill, order, or oth- Partitlosab note or bill. ..d er thing, and every person passing the same, shall be lia- Pe-.o.ttbt ble to the holder for the amount thereof, with treble costs, holder. and ten per cent. on the amount,by way of damages. 3. Every person who shall make, pass, circulate, or in Pe-tltyon per any way aid in making, passing, or circulating any such jos r circll. note, bill, or order, or other thing, shall be imprisoned not more than six months, or fined not less than ten dollars and not more than five hundred dollars, or both so fined and imprisoned. 4. One-fourth of the fines recovered by indictment un- der this chapter, shall be for the benefit of the attorney for the commonwealth. 27n CURRENCY. 5. The attorney for the commonwealth may, by petition f.Dyattor.-y in chancery, supported by affidavit, without surety, obtain for colonu we'Ithi an injunction or restraining order against any person or L. W& corporation, for an apprehended violation of this chapter, who may be violating or preparing to violate it, and the court shall enforce obedience to its order by fine and im- pribonment. lie may obtain a like order against any person or corpo- ration in this state, acting as the agent of any foreign company or corporation, for the redemption of its bills or notes within this state, so as to facilitate their circulation here; and every person or corporation, so acting as such agent, shall be fined for each offense, from one hundred to one thousand dollars. 6. Certificates of deposit, or of stock, issued in such ccrnifi-t r de. form or manner ad to pass by delivery, or to circulate pouzs from one to another like money or bank notes, shall be deemed to be within the prohibition of this chapter. 7. No corporation, not expressly authorized thereto by C..ortlon.un- law of this state, shall loan money, discount any evidence mtg atWIri.e,; of debt, or deal in the buying and selling of exchange for profit. Every person, acting as an officer, servant, or agent of a corporation, who shall aid such corporation in a violation of this section, shall, for every such offense, be fined from fifty to five hundred dollars. All contracts made in violation of this section shall be void, and all money paid by way of interest, discount, or otltoo of ibis fordifference of exchange, in violation thereof, may be re- Stu. doi, covered back by the party paying, or his creditor. 8. Nothing in the last section shall preclude any cor- poration from receiving notes, bonds, or bills, in payment of pre-existing liabilities, or as collateral security for any debt, or preclude any corporation, chartered by this state, from purchasing exchange for remittance in the regular course of its proper business, or from selling it when so received. 279 CUBRhNGY. DESCENT AMID DISIRIBUTON. CHAPTER XXX. DESCENT AND DISTRIBUTION. Descent of real estate. Distribution of personal estate. Widow's dower, &c. 1 . When a person having right or title to any real Whosh.allt tke estate of inheritance, shall die intestate as to such estate, it byd- v. t. shall descend in parcenary to his kindred, male and female, M. &B.re- in the following course: 1. To his children and their descendants; if none, then 2. To his father if none, then 3. To his mother, brothers, and sisters, and their de- scendants; if none, then 4. One moiety of the estate shall go to the paternal, and the other to the maternal kindred, in the following course: 5. First, to the grandfather; if none, then 6. To the grandmother, uncles, and aunts, and their de- scendants; if none, then 7. To the great grandfathers, or great grandfather, if there is but one; if none, then S. To the great grandmothers, or great grandmother, if there is but one, and the brothers and sisters of the grand- fathers and grandmothers, and their descendants; and so on in other cases without end, passing to the nearest lineal male ancestors, and, for the wvant of them, to the nearest lineal female ancestors in the same degree, and the de- scendants of such male and female ancestors. 9. If there is no such kindred to one of the parents, the whole shall go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the husband or wife of the intestate; or, if the husband or wife is dead, to his or her kindred, as if he or she had survived the intestate and died entitled to the estate. 2. When any or all of a class first entitled to inherit wbeapcru,_ are dead, leaving descendants, such descendant shall take, per stirpes, or by stocks-that is to say, by representation- the share of their respective deceased parents. 3. Collaterals of the half-blood shall inherit only half cim.ter.ior so much as those of the whole-blood, or as ascending kin- t I bliL dred, when they take with either. 1279 DESCENT AND DISTRIBIMON. 4. In making title by descent, it shall be no bar to a . , bbtig party, that any ancestor, through whom he derives his de- the heir at law, scent from the intestate, is or has been an alien. 5. Bastards shall be capable of inheriting and trans- Ib dtrrdn tb mitting an inheritance, on the part of or to the mother, m ftber et frou and bastards of the same mother shall be capable of inher- ouc Mothler iting and transmitting an inheritance, on the part of each L.gll. other, as if such bastards were born in lawful wedlock of the same parents. 6. If a man having had a child by a woman, shall af- A hildhoro art terwards marry her, such child, or its descendants, if recog- ci wedloclh may nie hi orshl inhent in Ca nized by him before or after marriage, shall be deemed le- gitimate. 7. Any person born within ten months after the death A ponth-mo of the intestate, shall inherit from him in the same manner t.ibti i as if he were in being at the time of such death. 8. When a person dies intestate and without issue, Enltat held by having real estate of inheritance, the gift of either of his gift 1. oth e pa- rrt to pass to the parents, such parent, if living, shall inherit the whole of such estate. 9. If an infant dies without issue, having title to real esteof n in- estate derived by gift, devise, or descent from one of his faut derived trot e lent, to de- parents, the whole shall descend to that parent and his or scrod to that pa . real, or ha Pe.rs her kindred, as hereinbefore directed, if there is any: and if none, then in like manner to the other parent and his or her kindred; but the kindred of one shall not be so excluded by the kindred of the other parent, if the latter is more re- mote than the grandfather, grandmother, uncles, and aunts of the intestate, and their descendants. 10. No parcener shall have any privilege over another Pa-rceers tobe in any election, division, or matter to be done or made, equal. concerning lands which shall have descended to them. 411. Where any person shall die intestate as to his per- Personal estatesonal estate, or any part thereof, the surplus, after payment how ditrbate. of funeral expenses, charges of administration, and debts, M. & B. N0. shall pass and be distributed among the same persons, and v. t. s54. in the same proportions, to whom and in which real estate is directed to descend, except as follows: First. The personal estate of an infant shall be distribu- ted as if he had died after full age. Sccundly. An alien may be a distributee as though he were a citizen. Thirdly. A husband shall have the whole surplus of a deceased wife's personal estate, except he shall have only a life estate in her slaves. 280 DESCENT AND DISTRIBUTION. Four/ldy. If the intestate leaves issue, his widow shall have one-third, and if no issue, one-half of such surplus; but she shall have only the use for her life of such slaves as may be in her said third or half. Fifthly. If an intestate leaves a widow, the folloiuig E 4eto be, property shall be set apart by the appraisers of the estate, CXhIveordw'c and vest in such widow for the use and benefit of herself A. 1, U. and the infant children of the intestate, if any, residing in the family: One work beast, or yoke of oxen; one plough and gear; one axe; one hoe; two cows and calves; two beds, bed- ding, and furniture; one loom, and spinning wheels and cards for the same; all the spun yarn and manufactured cloth and carpeting manufactured by the family, necessary for its use; one pot; one oven; half dozen plates; half dozen cups and saucers; one coffee pot; one tea pot; half dozen knives and forks; one table; the family bible; one saddle and its appendages; one bridle; six chairs, or so many as shall not exceed eight dollars in value; all the poultry on hand; five head of sheep; and wearing apparel; also, a sufficiency of provisions, including breadstuff and animal food, to sustain the widow and infant children re- siding with her, for one year; and if there i4 not a sufhi- ciency of provisions on hand for that purpose, then so much of the live stock suitable for that purpose, and of the grow- ing crop, if any, as may be necessary to supply the defi- ciency. But if there are no such infant children residing with the widow, and there are adult or infant children not residing with her, the provision contained in this section for the widow, or the value of such portion thereof as she receives, shall be charged to her in the distribution. 12. A personal representative may distribute the estate Wb-n wtatet of a decedent nine months after his death. bedLalibuted. 13. When a widow claims her dowable and distributa- Dower. nd re- ble share of her husband's estate, she shall be charged with nunciation tbereol the value of any devise or bequest to her by his will. Or she may, though under full age, relinquish what is given her by the will, and thereupon receive her dower and dis- tributable share, as if no will had been made; but such relinquishment must be made within twelve months after the probate, and acknowledged and left for record with the clerk of the court where probate was made, or acknowl- edged before two subscribing witnesses, and proved by one of them before, and left with, the clerk. 36 281 Wd DFECENT AND DIWIRIBUTION. Nothing herein shall preclude the widow from receiving her dowablc and distributable share, in addition to any de- vise or bequest made to her by the will, if such is the inten- tion of the testator, plainly expressed in the will, or neces- sarily inferable therefrom. 14. Except where a devise or bequest is made to the Dowertnslaves widow by the will of her husband, not renounced by her, allotted. s She shall not be deprived of her share of his slaves, though they are emancipated by his will; but she shall be compen- sated therefor out of his other personal estate, if there is a sufficiency thereof for that purpose, after payment of debts. When only a part of the slaves is set free, her share shall be taken out of those not emancipated, if they arc enough. If any part of the slaves set free, is necessary for her share, all of those set free shall be hired out, and the hire paid to her, until ehe is compensated for her share. 15. The foregoing provisions in favor of the wife are Adulteryforeit. all subject to this condition: if she voluntarily leaves her are of dower. husband and lives in adultery, she shall have no part of the personal estate of which he dies intestate, unless her hus- band, after she so left him, became reconciled to her and suifered her to live with him. 16. Where the husband separates from the wife and Sfration by lives apart from her in adultery, and she dies without a re- the busbandx,l . sd livi nadltet conciliation and cohabitation, he shall have no part of her to, ite hi. claing to wrifextate. personal estate as a distributee. 17. Any real o0 personal property or money, given or Adv.n --centa devised by a parent or grandparent to a descendant, shall be charged to the descendant, or those claiming through V R. &25- 4- him, in the division and distribution of the undevised estate of the parent or grandparent, and such party shall receive nothing further therefrom, until the other descendants are made proportionately equal with him, according to his de- Fcendible and distributable share of the whole estate, real and personal, devised and undevised. The advancement shall be estimated according to the vahle of the property when given. The maintaining or educating, or the giving of money to e A. Y. R. a a child or grandchild, without any view to a portion or set- tlement in life, shall not be deemed an advancement. 18. Advancements made to distributees shall not be Adancem-ents taken as part of the decedent's personal estate, in estima- not a pant of d-eo dentaeefate'iu LO ting the distributable share of the widow therein. dflottw ent of dower. DUELLNG.-ELECTIONS CHAPTER XXXI. DUELING. Persons engaged in, liable to damages. 1. The widow and minor child of a person killed in a ActIon allowed duel, or either of them, may have an action against the I d'". f or dsa- surviving principal, the seconds, and all others aiding or promoting the duel, or against any one or more of them, for reparation of the injury, and in which the jury may give vindictive damages, for the suppression of the prac- tice of dueling. 2. The failure to include any of the persons designated P.eti- not nled by the last section, as defendants in the action, shall dis- n`Pt. t wit. charge them from all liability under that section, and they shall be competent witnesses for the plaintiff or defendant. The testimony of such persons, thus given, shall not be used in any prosecution by the commonwealth, or other procedure to recover a penalty against such persons. CHAPTER XXXIL. ELECTION& ART. 1. General Provisions. ART. 2. Precincts, &c. ART. 3. Elections, how held. ART. 4. Time of holding Elections. ARr. 5. Comparing Polls. ART. 6. Filling vacancy. ART. 7. Contested Elections. ART. 8. Pay of Offieers of Elections, &c. ART. 9. Election of United States Senator. ART. 10. Electors of President. ART. I 1. When officers to commence their duties. ART. 12. Penalties against Frauds on Elections. ARTICLE 1. GcoLeral Provisions. 1. Whenever in this chapter, or in any statute hereaf- detoed. ter passed, it is said an election shall be held, or an equiv- alent expression is used in reference to a state, district, or county election, it shall be deemed to mean an election by the qualified voters, to be held at the places of voting in a the various precincts or justices' districts whose voters have a right to vote in the election of the officers desig- nated. 2. Whenever a duty is imposed upon or a power con- By"sheiff," otb- fided to a "sheriff" in reference to an election, the same 5 shall apply to any other officer or person acting for him at an election, and to the deputies of the sheriff, such other of- ficer or person, in the same manner as if the duty were imposed upon or the power confided expressly to such oth- er officer, person, or deputies; except that, in comparing returns or giving the casting vote in the election of a coun- ty judge to fill a vacancy, no deputy shall act without the express written authority of the principal. 3. "Officer of an election," as used in this chapter, "OM-' of On means a judge, clerk, or sheriff or person acting for a sher- U-- iff at an election; also, a member of the board for exam- ining poll-books or returns, or making returns. ARTICLE 11. Prccincts, 4.c. 1. The election precincts and places of voting in the Prmcwtt. several counties in this state, shall be the same as the dis- tricts and places fixed by law for the election of justices of the peace, unless otherwise specially provided for by lasv. 2. That elections in the city of Louisville, except those Chyof Loisavilk. for justices of the peace and constables, shall be held in each ward thereof, the place of voting to be designated by the mayor and council thereof. 3. Districts for the election of justices of the peace and Districts. wben constables, election precincts, and places of voting, may be changed by the county court in the month of January or February next preceding the regular time of electing jus- tices of the peace, on the petition of a majority of the voters of each district or precinct to be affected by the change; and when any such change is so made, the sher- iff shall cause the same to be advertised at the places of voting in each precinct affected by the change, for two weeks preceding the next election. If, for any good cause, an election cannot be held at the house appointed as the place of voting, the judges of the election may, on the morning of the election, adjourn it to the most convenient place, after having publicly proclaimed the change. 4. An election for two justices of the peace shall be Justices and con- held in each magistrate's district on the first Saturday in ztableR 284 ELgAIONS8 May, 1855, and on the same day every fourth year there- after; and for a constable on the first Saturday in May, 1853, and on the same day in every second year thereafter. 5. The term of office of justices of the peace and con- Te.ms of ofce. stables shall always commence on the first day of June, in the year of their election, and expire when their successors are qualified. The justices of the peace shall enter on the duties of their respective offices as soon after their terms commence as they shall have received their commis- sions and qualified thereunder, and shall have filed the same, with the certificate of qualification thereon, in the county court clerk's office. ARTICLE 111. Elections, how held. 1. Each county court shall, in the month of June or Omce_ o,.dec. July in every year, appoint two justices of the peace, if so ti...ppoittd. many there be, or one justice and one other suitable per- son as judges, and a clerk of the election for each precinct in the county. It shall also, in the month of March or April every second year, appoint two suitable persons as judges, and a clerk of the election, for each district for the election of justices of the peace and constables in the county. Such judges and clerks shall hold their offices till their successors are appointed and qualify. Vacancies may be filled at any time by the court, or as herein provi- ded for; but such counties as do not appoint at their March court, and have no county court in April, may hold a call- ed term to appoint officers for the May elections. 2. The sheriff shall, at least five days before the next Koice. ensuing election, give each judge and clerk written notice of his appointment. 3. Should the court fail to appoint such judges or clerk, Failureto appoint or either fail to attend for thirty minutes after the time for commencing the election, or refuse to act, the sheriff or his deputy shall appoint a suitable person or persons to act in his or their stead for that election. g 4. Each judge and clerk of an election shall, before en- oath. tering on the duties of his office, take the oath prescribed by the constitution before some justice of the peace; or it may be administered by the sheriff. 5. Such judges shall superintend the election, deter- DUesorJluds". mine upon the legality of all the votes offered, see that they are properly recorded with the voter's name, in the poll book kept for that purpose, attend to the proper summing 285 ELEMrONS. up of the votes, certify the poll book over their signatures, and deliver the same, inclosed in an envelope, sealed by them, before they separate, to the sheriff. They shall also make out duplicate statements, in writing, signed by them, of the number of votes received by each candidate, one copy of which shall be retained by each of the judges, and shall serve as evidence of the result of the election, if the poll-book is not produced. When the judges disagree, sherlfr Upire. the sheriff shall act as umpire between them. Each clerk, in the presence of the judges, shall sign his Clerksign alpo name at the foot of every page of the poll-book, as the bo9 11 election progresses, so that the same may be thereby iden- tified. 6. If the office of sheriff is vacant, or if the sheriff is When omsceor himself a candidate at any election, all his duties pertain- ing to that election shall be performed by the coroner and such deputies as he may appoint for that purpose; if the coroner is absent, or his office vacant, or he is a candidate, then such duties of the sheriff shall be performed by some person appointed for that purpose by the presiding judge of the county court, and the deputies of such person, if the presiding judge is not himself a candidate. But if the presiding judge is himself a candidate, or if, from any cause, a sheriff is not in attendance, the judges of the election at any precinct, or, if one of them is absent, the other judge may appoint a person to act in the place of the sheriff for the election on that day in that precinct. In case of dis- agreement between the judges, the clerk may appoint such person. 7. If a person offering to vote is not personally known Whben soer not to one of the judges or the sheriff as a qualified voter, he poeallyr Knowa shall be interrogated, under oath administered by one of the judges, or the clerk, as to hi qualification. If, from his Statement so made, he appears to be qualified, he shall be admitted to vote, unless his right is disputed by one of the judges or the sheriff, or by some other person present. If so disputed, the judges shall hear witnesses, not exceeding two in number on each side, as to his qualifications, and decide as may appear right from the proof and the state- ments of the party. The word "vsworn" shall be written opposite the name of every one so voting. Nothing in this section shall be construed to exempt a Foreigner. foreigner from producing his certificate of naturalization, unless his qualification is known to one of the judges or the sheriff. 2" XLEMONS 8. The following rules shall be observed in determin- Rules as to rel. ing the residence of a person offering to vote: 1. That shall be deemed his residence where his habita- tion is, and to which, when absent, he has the intention of returning. 2. He shall not lose his residence by absence for tempo- rary purposes merely; nor shall he obtain a residence by being in a county or precinct for such temporary purposes, without the intention of making the county or precinct his home. 3. By removal to another state or county, with intention to make his permanent residence there, he loses his former residence. 4. So, also, he loses his residence here by removal to and residence in- another state, with intention to reside there an indefinite time, or by voting there, even though he may have had the intention to return here at some fu- ture period. 5. The place where the family of a married man resides, shall, generally, be considered his residence, unless the family so resides for a temporary purpose. If his family is permanently in one place, and he transacts his business in another, the former shall be his residence. 9. If a person is objected to as not being a citizen, in Qestiont auto addition to any questions the judges may think proper to CitSbip ask, the following shall be put to him: 1. Have you resided in this state two years, or in this county one year immediately preceding this election and have you resided in this precinct sixty days next preceding this election 2. Have you been absent from this state during the two years immediately preceding this election, and, if so, did you, while absent, consider this state as your home, or did you, while absent, vote in another state 10. If the person is objected to as not a resident of the Queutior. as to county or precinct in which he offers to vote, then, in like raidmm manner, the following questions shall he put to him: 1. When did you last come into this county (or pre- cinct) 2. When you came into this county (or precinct,) did you come for a temporary purpose merely, or for the purpose of making it your home 3. Did you come into this county (or precinct) for the purpose of voting in it 287 ELECTRIC ARTICLE IV. Time of holding elections. 1. The election of electors of president and vice presi- Prealdewtial dent shall be held on the Tuesday next after the first Mon- day in November, one thousand eight hundred and fifty- two, and on the same day in every fourth year thereafter. But the governor may, by his proclamation, appoint the same day in any other year, pursuant to the act of con- gress, for holding the election in the event of a vacancy in the offices of president and vice president. 2. The election of representatives in congress shall be Repne.ntativet held on the first Monday in August, one thousand eight ICongres. hundred and fifty-one, and on the same day in every sec- ond year thereafter; but should there be a called session of congress between the expiration of any congressional term and the ensuing first Monday in August, the governor may, by his proclamation, published in three newspapers printed in this state, cause an election of representatives in congress to be held at an earlier day, if there is thirty days between the date of publication and the day so as- signed by him. 3. The election of all other officers, not otherwise pro- Other omcem vided for, shall be held on the first, Monday in August; and thereafter, on the same day of each year, as the terms of office regularly expire. 4. The chancellor, clerk, and marshal of the Louis- cf .". h., ville chancery court shall be elected by the qualified voters r couvr't. within its jurisdiction, on the first Monday in August of the year in which the term of office regularly expires. ARTICLE V. Comparing polls. 1. The presiding judge of the county court, the clerk Board to exam, thereof, and the sheriff, or other officer acting for him at an election, shall constitute aboard for examining the poll books of each county, and giving certificates of election. Any two of them may constitute a board; but, if either is a candidate, he shall have no voice in the decision of his own case. If, from any cause, two of the before named persons cannot, in whole or in part, act in comparing the polls, their places shall be supplied by the two justices of the peace who may reside nearest to the court house. 5 2. Within two days next after an election, the sheriff Comparing Poll- shall deposit with the clerk of the county court the poll- books; certificales 288 ELECTIONS. books of the different precincts. On the next day, the board shall meet in the clerk's office, between ten and twelve o'clock in the morning. compare the polls, ascertain the correctness of the summing up of the votes, and give triplicate or more written certificates of election, over their signatures, of those who have received the highest number of votes for any office exclusively within the gift of the voters of the county-one copy of the certificate to be re- tained in the clerk's office, another delivered to each of the persons elected, and the other forwarded by the county clerk to the secretary of state at Frankfort. For offices not within such gift, they shall give duplicate or more writ- ten certificates, over their signatures, of the number of votes given in the county to each person voted for, partic- ularizing therein the precinct at which the votes were giv- en-one copy to be retained in the clerk's office, and the other delivered to the sheriff. The poll-books shall, thereafter, remain in the clerk's of- mn.i i to fiee as part of its records. So, also, shall the certificates of any precinct judges, which may have been used in the absence of the poll book of that precinct. 3. Where two or more counties vote together in the Twoeonunt-io choice of a representative or senator, the sheriffs of the Ulo tg tb- respective counties shall, between ten and twelve o'clock in the morning of the first Monday after the election, meet in the clerk's office of the county court of the county first named in the senatorial or representative district, compare the certificates of the examining boards of the several counties, and, therefrom, give triplicate or more certificates of election, in writing, over their signatures, of the persons who appear to have received the highest number of votes -one copy of the certificate to be retained in the clerk's oflice, another delivered to the person elected, and the oth- er forwarded to the secretary of state at Frankfort. 4. The certificate of election of a county officer shall For oun-at. be, in substance, in the following form: CGINMONAE:AITH oF KIENTUCKY, SCT. We, A., B.. and C., duly authorized to compare the poll- books for the county of , do certify that, at an elec- tion held in said county on the day of , E. F. was duly elected to fill the office of The certificate of election of a justice of the peace or constable shall be altered to show that the election was held in a named district. 289 ELECTION& ELECTIONS 5. After an election for governor, lieutenant governor, Electionogo,- or other officer elective by the votes of the whole state, or rnor- . for a judge of the court of appeals, clerk of that court, cir- cuit judge, commonwealth's attorney, representative in congress, or electors of president and vice president, it shall be the duty of the board of examiners of poll-books for each county, immediately after the examination of the poll-books, to make out three or more certificates in wri- ting, over their signatures, of the number of votes given in the county for each of the candidates for any of said offices. One of the certificates shall be retained in the clerk's of- fice, another the clerk shall send by the next mail, under cover, to the secretary of state at Frankfort, and the other he shall transmit to the secretary by any private convey- ance the clerk may select, free of cost. 6. The governor, attorney general, and secretary of Board to exam- state, and, in the absence of either, the auditor, or any two of them, shall be a board for examining the returns of elec- tion for any of the officers named in the last section. 1. It shall be the duty of said board, when the returns Dad- z are all in, or on the fourth Monday after the election, whether they are in or not, to make out in the secretary's office, from the returns made, duplicate certificates, in wri- ting, over their signatures, of the election of those having the highest number of votes-one certificate to be retained in the office, and the other sent by mail to the person elect- ed. If all the returns are not made, the right to contest an election shall not be impaired. 2. In the case of the election of a representative in con- Rap-Wi-O gress there shall be three certificates-one to be retained tlftcCteaSr in the office, another sent by mail to the person elected, and the other sent by mail to the clerk of the house of rep- resentatives, at the seat of the federal government. 3. It shall be the duty of the secretary, immediately af- Statetent tob. ter the comparison of the returns, to cause a statement, pUbed. therefrom, of the votes given in every county for each can- didate, to be published in two newspapers printed in Frank- fort. 4. If two or more persons shall be found to have receiv- Tk. Low deter- ed the highest and an equal number of votes for the same ml-xd. office, so that the election cannot be determined among the candidates by a plurality of votes, it shall be determined by lot, in such manner as the board may direct, and in the presence off not less than three other persons. 5. If one or more of the persons voted for as electors of president, is elected, then he or they, when convened to vote for president, shall determine which of the candidates having an equal number of votes shall be deemed to be elected, without casting any lot therefor. But if none is elected, then the board shall determine the election by lot, between those having the highest and equal number of votes; except that they shall he arranged and drawn for in classes, according to their known pledges to vote for the different candidates, so that the whole vote of the state may be given to the same persons. 7. Where the sheriffs of two or more counties, on corm- Tl In County parison of the returns, or the board of examiners for a county, find that two or more persons have received the highest and an equal number of votes for the same office, they shall, in like manner, by lot, determine which of the candidates is elected. ARTICLE VI. Filling vacancy. 1. The term "vacancy in officle," or any equivalent T- c phrase, as used in this article, means such as exists when dnt4. there is an unexpired part of a term of office without a lawful incumbent therein, or when the person elected or appointed to an office fails to qualify according to law, or when there has been no election to fill the office at the time appointed by law. It applies whether the vacancy is oc- casioned by death, resignation, removal from the state, county, or district, or otherwise. 2. A writ of election shall be signed by the officer or at- writ of eLection. tested by the clerk of the court issuing the Fame, appoint the day for holding the election, and be directed to the proper sheriff or sheriffs. 1. When an election is to be held to fill a vacancy in Pctamatioo. any office by the voters of the whole state, or of a con- gressional or judicial district, a proclamation, signed by the officer authorized to order the same, shall be used and stand in lieu of a writ of election. 2. Such proclamation, when for the whole state, shall be How publi published, at least thirty days before the election, in two newspapers printed at the seat of government; and when for such district, at least twenty days before the election, in two newspapers printed in the district-if there are such papers printed at the seat of government or in the district. A copy of a proclamation for a district election shall, also, 91 ELEMlON&f be forwarded by mail to the sheriff of each county in the district, twenty days before the election. 3. Immediately on receipt of a writ of election or pro- s1erwtogivsno- clarnation of election, or other sufficient information there- of; the sheriff shall give notice thereof by advertisements, posted at the court house door and the several places of voting, and published in some newspaper printed in the county, if any such there be. 4. No writ for the election of a county officer, a repre- sentative, or senator, shall be issued, except so as to ena- ble the sheriff to give such notice at least eight days before the election. 5. A writ of election from the county court shall be de- Writ delivred livered to the sherilf by the clerk thereof, immediately af- to sam zl ter it is ordered. Other writs of election or proclamations shall be forwarded by the officer issuing them to the sheriff by mail. If, from any cause, the sheriff cannot properly act, he shall immediately hand the writ or proclamation to the person authorized to act in his place. 6. The next succeeding first Noonday in August shall al- wat day to be ways be the day appointed by writ or proclamation for Fored. lholding an election, except as in this chapter allowed, un- less to fill a vacancy in the court of appeals, or in the office of circuit judge, or unless there is or will be an interven- ing session of the legislature or of congress, rendering it necessary to fill a vacancy therein before the first M!onday in August. 7. But when a vacancy so occurs that there is not time to give the requisite notice before the proper first. Monday in August, a special election shall be ordered to take place on a day within six weeks after such first Monday. 8. Except in the cases provided for in the last subsec- tion, the day appointed for filling a vacancy in the court of appeals, or in a circuit court, shall be within six weeks af- ter the governor receives notice of a vacancy. 3. When a vacancy happens in either branch of the Vacancy tines. legislature during its session, the presiding officer of the house in which the vacancy occurs shall issue the writ of election; if the legislature is not in session, the writ shall be issued by the governor. 4. When a vacancy happens in the office of governor, In omic of SOVE requiring an election, the proclamation therefor shall be is- "r '. sued by the chief justice, or, if he is absent from the state, by the judge of the court of appeals having the shortest unexpired term. 29 LLEMTONS. 5. A vacancy in the office of sheriff shall be tempora- SWeriM. rily filled by the county court, until the next succeeding August election, and until the successor then chosen shall qualify. 1. A vacancy in the office of coroner, surveyor, county Coroner, sarver. court clerk, county attorney, jailer, constable, or assessor, shall be filled in like manner, until the next succeeding August election, and until the successor then chosen has qualified. A writ of election to fill the vacancy shall be issued by the court, or if the judge is not at the time in the county, by the clerk under the order of two justices of the peace. 2. A vacancy in the office of justice of the peace shall Ju4tice of Xh. be filled by the appointment of the governor, temporarily, - until the next succeeding May or August election, which- ever shall first transpire, and until the successor then cho- sen shall qualify; and a writ of election to rill the remain- ing vacancy shall be issued in like manner. 3. A vacancy in the office of commonwealth's attorney Coumonmarlsthh' or circuit court clerk, shall, in like manner, be temporarily aUolrey, or clk. filled for the same time by the circuit judge of the district, who shall, also, issue the writ or proclamation for an elec- tion to fill the remaining vacancy. 5 6. When a vacancy shall occur in the office of any Preshdieg judpe. presiding judge of a county court within the first three years for which he may have been elected to said office. it shall be the duty of the clerk of the county court, or, in his absence, the clerk of the circuit court, to issue a writ of election, directed to the sheriff, wvho shall proceed to hold an election-after having given due notice; but if the vacancy shall be for a less period than one year, then the clerk of the county or circuit court shall notify all the magistrates of the county that a vacancy has occurred, and requiring the said justices to convene at the court house to fill said vacancy, on a named day. 1. The justices shall convene at ten o'clock in the morn- ing of the appointed day, or as soon thereafter as may be, and at the same hour every succeeding day, Sunday ex- cepted, until the vacancy is filled. 2. A majority of the justices shall be a quorum to fill the vacancy, and their written certificate thereof shall be handed to and preserved by the clerk of the court. 3. In case of a tie, or if a majority of the justices pres- ent cannot be otherwise obtained, after three ballots, the sheriff shall give the casting vote. 2S3 ELECTO0NS. 7. All resignations of office shall be tendered to the Resignations court or officer who is required to fill the vacancy. All such resignations shall be in writing, and received and re- corded bv said court or officer; when it is required to be filled by the circuit judge, he shall cause a record to be made of the resignation, in the court of that county in which the officer lives; and when by the county court, it shall cause a record of the fact to be made; and when by the governor, he shall cause the same to be recorded in the executive journal. ARTICLE V11. Conkcsted Election. 1. When the election of a governor or lieutenant gov- Etiof sov- ernor is contested, a board for determining the contest shall be formed in the following manner: 1. On the third day after the organization of the gene- Bord, 'bow con ral assembly which meets next after the election, the sen- aimu.d. ate shall select, by lot, three of its members, aid the house of representatives shall select, by lot, eight of its members, and the eleven so selected shall constitute aboard-seven of whom shall have power to act. 2. In making the selection by lot, the name of each Selecti8o by lot, member present shall be written on a separate piece of pa- per, every such piece being as nearly similar to the other as may be. Each piece shall be rolled up, so that the name thereon cannot be seen, nor any particular piece as- certained or selected by feeling. The whole, so prepared, shall be placed by the clerk in a box on his table; and, af- ter it has been well shaken, and the papers therein well intermixed, the clerk shall draw out one paper, which shall be opened and read aloud by the presiding officer, and so on, until the required number is obtained. The per- sons whose names are so drawn, shall be members of the board. 3. The members of the board so chosen by the two Tobesworn. houses, shall be sworn by the speaker of the house of rep- resentatives to try the contested election, and give true judgment thereon, according to the evidence, unless dis- solved before rendering judgment. 4. The board bhall, within twenty-four hours after its re- meetingof board, lection, meet, appoint its chairman, and assign a day for hearing the contest, and adjourn from day to day, as its business may require. 294 ELEM01 M 5. If any person, so selected, shall swear that he can- Meexcuc4. not, without great personal inconvenience, serve on the board, or that he feels an undue bias for or against either of the parties, he may be excused by the house from serv- ing on the board; and if it appears that a person, so se- lected, is related to either party, or is liable to any other proper objection on the score of his impartiality, he shall be so excused. 6. Any deficiency in the proper number, so created, shall feficiency sup. be supplied by another draw from the box. Plied. 7. The board shall have power to send for persons, pa- Powerof boar. pers, and records, to issue attachments therefor, signed by its chairman, swear witnesses by its chairman or clerk. and issue commissions for taking proof. 8. Where it shall appear that the candidates receiving Lecision. the highest number of votes given have received an equal number, the right to the office shall be determined by lot, under the direction of the board. Where the person re- turned is found not to have been legally qualified to re- ceive the office at the time of his election, a new election shall be ordered. Where another then the person returned shall be found to have received the highest numlber of le- gal votes given, such other shall be adjudged to be the person elected and entitled to the office. 9. No decision shall be made but by the vote of six Vteofaixme members. Its decision, when made, shall be final and conclusive. It shall be made out in triplicate and signed by the members voting therefor. One copy shall be retain- ed by the chairman or clerk, and one delivered to the pre- siding officer of each house. 10. If a new election is required, it shall be immediately e ordered, by the proclamation of the speaker of the house of representatives, to take place within six weeks thereaf- ter, and on a day not sooner than thirty days thereafter. 11. When a new election is ordered, or the incumbent adjudged not to be entitled, his powers shall immediately cease; and if the office is not adjudged to another, it shall be deemed to be vacant. 12. If any member of the board willfully fail to attend Nemberreusig its sessions, he shall be reported to the house to which he belongs, and, thereupon, such house shall, in its discretion, punish him by fine or imprisonment. 13. If no decision of the board is given, during the then session of the legislature, it shall be dissolved, unless, by o.duridusg o 21)5 EUMIrONSt. joint resolution of the two houses, it is empowered to con- tinue longer. 2. When the election of a member of the general as- Election to yen- sembly is contested, that branch of the legislature to which bo.rd, h.o An he belongs, within three days after its organization, shall, in like mranner, select a board of not more than nine nor less than five of its members, for determining the contest; which board shall be governed by the same rules, have the same power, and be subject to the same penalties as would the board to determine the contested election of governor, and shall report its decision to that branch of the legisla- ture by which it was appointed, for its further action. 3. The governor, attorney general, auditor, treasurer, Otherom er. and secretary of state, or any three of them, shall be a board. bpoke board, with like powers as those named in the last section, for determining the contested election of any officer, other than governor or lieutenant governor, elective by the vo- ters of the whole state, or of a judge or clerk of the court of appeals, circuit judge, chancellor of the Louisville chan- cery court, or commonwealth's attorney. 1. Each member of the board, before entering on his To be sworn. duties as such, shall be sworn by some judge orjustice to try the contested election, and give true judgment thereon, according to the evidence. 2. The board and its acts shall be governed by the rules Rules. named in the first section of this article, where the same are applicable to its duties. 3. A majority of the board shall be necessary to a de- Majority nces- cision, which shall be in writing, and signed in duplicate y to decision by the members concurring therein-one copy to be re- tained in the secretary's office, and the other delivered to the successful party, or sent to him by mail. 4. The governor shall, immediately after such decision, oCn-misio. issue the proper commission, or order a newv election, as the case may require. 4. The judge of the county court and the two justices County and di . of the peace residing nearest to the court house in each countv, shall be a board, with like powers as those named in the last section, for determining the contested election of any officer elective by the voters of the county or any justice's district therein, or of any police judge, clerk, or marshal, except members of the general assembly. If any of said persons are absent from the county or cannot prop- erly act, then said board shall be filled by adding thereto- first, the county court clerk, then the justice of the peace 296 ELEMT10S. who resides next nearest to the court house, and so on, ex- cluding suck as cannot properly act, till the board is full. If either patry shall make affidavit, and file the same with a county board, that such party verily believes that either or both of said justices will not give a fair and impartial trial, then the board shall be filled by other justices in lieu of those thus objected to. 1. The board shall be governed by the rules named in Rules the first and third sections, where the same are applicable to its duties. 2. The decision of the board shall be given in writing Decisin. and signed in triplicate, one copy to be entered on the minutes of the court, another handed to the successful par- ty, and the other, when necessary for obtaining a commis- sion, forwarded by mail to the secretary of state. 3. When the decision so requires, the court shall imme- Newelection. diately issue a writ for a new election. 5. No application to contest the election of an officer Notice. shall be heard, unless notice thereof, in writing, signed by the party contesting, is given to the officer returned. 1. The notice shall state the grounds of the contest, and Mutd state none other shall afterwards be heard, as coming from such party. 2. In the case of an officer elective by the voters of the n_,er notice whole state or any judicial district, the notice must be giv- en within thirty days after the final action of the board of examiners. In the case of a senator or representative, it must be given within fifteen days; and in that of any oth- er office, within ten days after such action. 3. Immediately after such notice, either party may pro- Depaotns ceed to take proof by depositions, under the same rules and regulations that govern the taking of depositions in suits in chancery, except that no dedimus shall be required for taking a deposition out of the state. The depositions shall be sealed up by the officer taking them, and directed to the board having power to decide the contest, or to the clerk of the senate, or clerk of the house of representa- tives, as the case may require. 4. Such depositions, properly taken, shall be read as evi- Other proof dence before that branch of the legislature, or the board having jurisdiction of the case; but either can, in its dis- cretion, call for and hear other proof. 5. The taking of depositions to be used before the legis- WMe. taking of depositions tt i lature, or either branch thereof, shall close ten days before cloe. the next meeting thereof, or, if in session when the notice 38 297 ELECTsIONS. is given, not until it is ordered to close; if before a county board, it shall close three weeks after the notice of the con- test; and if before the other board, six weeks after the no- tice. 6. The case shall be heard by a county board on the Wlen cae to be fourth Monday after the service of notice; and by the oth- bead. er board, the eighth Monday after such service; but either may, for good cause, allow further time. 7. The costs of the proceeding shall be adjudged against Co"s the unsuccessful party, and a certificate thereof given by the board, or by the clerk of' either branch of the legisla- ture, as the case may require. A judgment for the same may be obtained after five days' notice, in a circuit or county court. ARTICLE AVIl. Pay of officers of elections, 4-c. 1. The costs of all elections held in any county shall costs of elections be paid out of the county levy. 2. Officers of elections shall receive pay as follows: pay or ocers judges, one dollar, each; sheriffs, one dollar, each; clerks, two dollars, each; in all elections to fill vacancies, the same fees, except that the clerk shall only receive one dollar. For comparing the returns of two or more coun- ties in the election of a senator or representative, a sheriff shall receive two dollars, and one dollar and fifty cents for each twenty-five miles of travel in going and returning. 3. The compensation to witnesses, and officers taking Of Witneses depositions, in cases of contested elections, shall be the same as in suits at law. 4. The clerk of the county court shall have twenty- Of clerk. five cents for each certificate of election or appointment of an officer, to be paid by the person receiving it. ARTICLE IX. Election of United States Senator. 1. Senators in the congress of the United States shall U. S. enator. be elected by viva voce vote of the members of the two branches of the general assembly, on joint ballot. 1. The election shall be held on the eighth day after WVen elected. the organization of the general assembly, which next pre- cedes the expiration of the senatorial term of the incum- bent; and if no election is made on that day, the two be E:LECTIONS houses may adjourn from time to time until the election is made. 2. If a vacancy occurs when the legislature is not in ses- vacancy. sion, in an unexpired term, the election shall be held on the eighth day after the organization of the next general assembly; and if during the session of the legislature, or if notice thereof is only received during such session, the election shall be held on the seventh day next after any member of either house moves to go into an election; or, if that seventh day is Sunday, then on the next succeeding day. In either case the election shall be proceeded with as before directed. 5 2. When the governor is notified by the clerk of either Go-vernr to house of the election of a senator, or when the governor appoints a senator, he shall give a written certificate of such election or appointment, attested by his signature and the seal of the state. If he refuses to give such certificate after an election, the presiding officer and clerk of either house may give the same over their signatures. ARTICLE X. Electors of Prcsident. 1. The electors of president and vice president of the W hen to con United States shall convene in the capitol, at the seat of government, at ten o'clock in the morning of the first Wednesday in December after their election, give their votes at or after twelve o'clock, and make return thereof according to law. 2. If, from any cause, one or more of the electors elect- Poeen of abanb- ed, fails to attend, as before directed, by twelve o'clock of that day, those in attendance shall fill the plac- of those absent, by the election of another person or persons, who shall have the same powers as if originally elected by the people for that purpose. ARTICLE Xi. lihen offm to comnmencn their dutics. 1. The governor shall commission all officers elective Commission. by the voters of the whole state, other than governor and lieutenant governor, or of any judicial district, and also the chancellor of the Louisville chancery court. No officer elective by the voters of a single county shall be commissioned by the governor, except the presiding judge of the county court, a police judge, and justices of the peace. 2" ELECTONS 2. The term of office of every officer not otherwise oWhn term O provided for, shall hereafter commence on the first Monday of September next after his election, and expire when his successor is qualified. The officer elected shall enter on the duties of his office after the commencement of his term, as soon as he receives his commission or certificate of elec- tion, and qualifies thereunder, by taking the oath of office, and by giving his official bond, when required by law. The presiding judge of a county court, and a justice of Commissions of the peace, shall, before entering on his duties, also leave or j-t- tw b e his commission with the clerk of the court, to be noted of noted of re-od. record. 3. Every officer appointed to fill a vacancy, shall com- Filling v-conce mence the duties of the office as soon as he has received his commission, or certificate of appointment, and qualified thereunder according to law. 4. Every officer not otherwise provided for by the con- Till soc1esuor Otitution, shall hold his office until his successor has duly q ufliona qualified. ARTICLE XHi. Penalties against frauds on elections. 1. Any sheriff who fails to cause an election to he held, Penalty on ,her- or to make, compare, and certify election returns for sena- irsfa,ling to at- tend elctina&c. tor or representative, as required by law, shall be fined from one hundred to five hundred dollars. If he fails to perform any other duty concerning an election, or the re- turns thereof, for which there is no penalty specifically pre- scribed, he shall be fined from twenty to two hundred dol- lars. 2. Any judge or clerk of an election who, after due On judge or clerk, notice of his appointment, shall fail to perform his duty as such in holding any election, unless for good cause, shall be fined from ten to one hundred dollars. 3. Any officer Xvho, without sufficient excuse, fails to Failing in cor discharge his duty after any election as one of a board for p-g pOlsd.' comparing the poll-books or election returns, or to decide a contested election, shall be fined from twenty to two hundred dollars. Any officer who shall act corruptly, or with manifest Actiog corruptly. partiality, in the discharge of such duty, shall be fined from one hundred to five hundred dollars, and shall, also, in ad- dition. forfeit any office he then holds, and be disqualified from ever holding any office. 300 BLeMrOINS 4. Any officer or other person who shall fraudulently Alteriag,&c., alter, obliterate, or willfully secrete, suppress, or destroy Poll-bola- the certified poll-book or certificate of an election, or fraud- ulently and unlawfully alter the poll-book before it is cer- tified, shall be deemed guilty of forgery, be confined in the penitentiary from one to five years, forfeit any office he then holds, and be disqualified from ever holding any office. 5. Any officer who shall make or aid in making, or au- Making aul8 thorize the making up of any false and fraudulent poll- p kllb k, book, or certificate of an election or election return, shall incur the penalties of the last section. 6. Any officer whose duty it is to give or aid in giving Refusing certl- a certificate of election or of the returns of an election, c' SIC. or to forward the same, who shall willfully and fraudulent- ly refuse or fail to give the same, or to send the same to the secretary of state, as required by law, shall be im- prisoned from one to six months, and fined not more than a thousand dollars, forfeit any office he may then hold, and be disqualified from ever holding any office. 7. Any person who shall counsel, advise, or procure AdOingorpro- the commission, or aid in the commission of either of the Clifgl offenses named in this article, shall incur thereby the pen- alty therefor, as therein named. 8. Any judge, sheriff, or clerk who shall receive or as- WrOngrnY sent to receive or record a vote at an election, at any other , rgr"el time or place than that lawfully appointed, and any judge or sheriff who shall knowingly and unlawfully receive the vote of any other than a qualified voter, or so refuse to re- ceive the vote of a qualified voter, shall, for every iFuch of: fense be imprisoned from one to six months, or fined from fifty to five hundred dollars, forfeit any office he then holds, and be disqualified from ever holding any office. 9. Any resident of this state who shall vote at any VoUng under election before he has resided two years in the state, or in the county and precinct where the election is held the time required by law, or when he has attained full age, or be- fore he has been duly naturalized, shall be fined from fifty to one hundred dollars, or imprisoned from ten to ninety days, or both. 10. Any resident of another state or country, or any Yotingmorethbn person who shall vote more than once at an election; any raPn. person who shall vote by means of a false personation and use of the naturalization papers of another person, dead or living; and any person who shall lend or hire his natu- 301 0,Ew8N. ralization papers to be used for such purpose, shall be im- prisoned not less than one month nor more than one year. 11. Any person guilty of receiving a bribe for his vote Receiing bribes. at an election, or for his services or influence in procuring a vote or votes at an election, shall be fined from fifty to one hundred dollars, or imprisoned from one to twelve months, and be excluded from office and suffrage. 1. '"Bribe" or "bribery," means any reward, benefit, or "Rrbery," h. advantage, present or future, to the party influenced or in- dcfiaed, tended to be influenced, or to another at his instance, or the promise of such reward, benefit, or advantage. 2. Money or other thing of value given or lent, in whole or in part, to be betted on the result of an election, or the promise thereof; or a bet with another that such other will vote for a named candidate, and the gift or promise of a share in any such bet, made or to be made, shall be deem- ed a bribe. 3. Whoever shall receive money or other thing of value, to be used for the purpose of procuring or influencing a vote or votes, shall be deemed to have been bribed. 12. Whoever shall bribe another shall, on conviction, Penalty for bri- be fined from fifty to one hundred dollars, and imprisoned bisig. from ten to ninety days, or both so fined and imprisoned, and be excluded from office and suffrage for five years. 13. Any person who, by himself or in aid of others, FPreibly breaiug shall forcibly break up or prevent, or attempt to break up Optl etiO. .. or prevent, the lawful holding of an election, or so obstruct or attempt to obstruct the same, or so prevent or attempt to prevent any qualified voter from giving his vote, shall be fined from fifty to five hundred dollars, or imprisoned not more than one year. 14. Any person who shall make any willfully false False svearing, statement, under an oath duly administered at an election, shall be deemed guilty of perjury, and incur the penalty for that crime. Any person who shall willfully and corruptly procure an- otllcr to make such false statement shall be deemed guilty of subornation of perjury, and incur the like penalty. 6 15. Any person condemned to confinement in the pen- Ritifrote itentiary for larceny, robbery, forgery, counterfeiting, or foleiteJ. perjury, or any such like crime, ahall forfeit his right of suf- frage for ten years after his conviction. 16. It shall be the special duly of a sheriff, judge, or Duty Orffic-rs clerk of an election to give information of all infractions tioniioa- of this act to the grand jury or commonwealth's attorney; 302 ELECTIONS. and where there is reason to fear that an offender will make his escape out of the county before indictment, to procure his immediate apprehension. The officer before whom such offender is brought, if sat- Surety for up- isfied of his guilt, shall require from him surety, in adequate reu. e t penalty, for his appearance at the next circuit court, to answer the charge; and on his failure to give it, commit him to prison till such surety is given. 17. This chapter shall be liberally construed, so as to Liberally con- prevent any evasion of its prohibitions and penalties by at-d. shift or device. It shall also be given specially in charge to the grand To be given in Fhr.to grand jury of every county first convened after any general elec- jury. tion. 18. A grand jury may cause any person to be sum- Grand Jury y moned before them as a witness, who shall be compelled tCot-t'fy. to testify as to any knowledge he may possess touching any violation of law in relation to elections in the county during the preceding eighteen months; and if he refuses to testify on oath, he shall be committed to prison, until he submits, and be fined from ten to thirty dollars by the court, and a like sum for each daily repetition of the contempt. 19. In any prosecution under this chapter, it shall be No exemption on grounW of Crinit- no exemption for a witness that his testimony may crimi- oaring self. nate himself; but no such testimony, given by a witness, shall be used against him in any prosecution, except for perjury; and if used on behalf of the commonwealth, he shall stand discharged from all penalty for any violation of this chapter, so necessarily disclosed in his testimony, as tending to convict the accused. But the jury shall never convict any one under the pro- 3rnIol to Con visions of this chapter, upon the testimony of a single Viat n t-t0n-unr witness, unless sustained by strong corroborating circum- stances. 20. No prosecution shall be had under this chapter, un- Limittllon. less the same is commenced within eighteen months from the time of the commission of the offense. 21. A commonwealth's attorney shall, as his taxed Commonweltbh's fee, receive a fifth of any penalty recovered under this attorney's ees. chapter. 303 ELECTION&s M4CAPE. CHAPTER XXXIII. ESCAPES. Manner of arrest, &c. Liability of officer, &c. 1. If any person rendered or charged in custody, in ex- Warrant tobe ecu tion, or on mesne process, or by any order of a judge or .sned for pernon escaped. chancellor, made in or out of court, shall escape therefrom, M. d. B. 616. or from the officer having him in custody, a justice of the peace of the county, upon complaint and affidavit made of the fact, shall issue as many warrants for his recapture, di- rected to all sheriffs and constables, and other officers with- in this state, as he may deem necessary. The cause of the person's commitment shall be mentioned in said warrant. Sheriffs and constables shall be also commanded to recap- ture the prisoner and forthwith to convey and commit him to the prison of that county whence he escaped, to be there safely kept until discharged by due course of law. The warrant, with his return thereon indorsed, the sheriff or constable, or other officer, shall return to the office of the clerk of that court having-jurisdiction of the cause for which the prisoner was in custody. 2. If the prisoner was in custody by virtue of execu- When cscape s tion or final process when he escaped, he shall remain in Ir'm ... tdy up- ea mecation. close jail, without bail or mainprize, until he shall satisfy the said demand, or until the judgment or decree shall be reversed, or he be discharged by due course of law. 3. If the prisoner was in custody by mesne process or Wheonpon other original procedure, he shall remain in confinement, after his capture, until released by due course of law. 4. If the prisoner was in custody on a charge of trea- Win fo1r trea- son, felony, breach of the peace, or misdemeanor, he shall, son, feiony,&c.. upon being recaptured, be conveyed by the officer who ap- prehends him to the jail of the county from which he es- caped, and there remain confined until discharged by due course of law. 5. Officers and their sureties shall be liable, in an ac- UIability of offi- tion upon their official bonds, for the use of the parties ag- cee grieved, for the voluntary or negligent escape of a prisoner in custody, for the damages sustained. No judgment in such action shall be given, unless the jury shall, by their verdict, find "that the escape was with the consent of the officer, or by his negligence, or that such prisoner might 304 C31ATS AND 03CHEATOR& have been retaken if the officer had, in good faith, made proper efforts to do so." 0. If any person shall aid a prisoner to escape, or shall Liability for ad. knowingly conceal him after he escapes, or in any way i hinder or prevent his recapture, he shall be liable to the party aggrieved for such damages as he may have sus- tained. CHAPTER XXXIV. ESCHEATS AND ESCHEATORS. ART. 1. When estate escheats for failure of heirs or persons to take. ART. 2. Agents to be appointed. ART. 3. Money to be paid into the Treasury. ART. 4. Escheators to be appointed. ART. 5. Lands to be reported to the Auditor. ARTICLE I. When estate eschcats for failure of heirs or persons to take. 1. That part of the estates not disposed of by will F&iae orhsir, of persons who have died or may hereafter die in this " commonwealth without heirs or distributees entitled to the L. a same, shall vest in the commonwealth without office found, . 123. subject to the debts and liabilities of the decedent. 2. That part of the estates of such persons who have Rxtatgnoticla. died or may hereafter die which has been or may hereafter d f be devised to any person, who, or any heir or distributee or devisee of his or of the testator, has not claimed the same or shall not claim the same within five years after such death, shall, in like manner, vest in the common- wealth. 3. The personal representatives of persons named in Dutyofpepmo the first section, whose estates or a part of whose estates repreaattu are not disposed of by will, shall settle their accounts L w. within one year after qualifying as such, and pay over to the treasurer of the commonwealth the proceeds of the personalty, first deducting the proper legal liabilities of the estate. 1. If the whole personal estate cannot be settled and wFen .cet. the accounts closed within a year, the settlement shall be oe"yta.ld made and the proceeds paid over to the treasurer as far as practicable, and the residue shall be so settled and paid over as soon thereafter as it can be properly done. 39 80S ESCHEATS AND MHEATOM 2. The personal representative shall take possession of dReal edttLb. not the surplus real estate of the deceased not disposed of by his will, and rent out the same from year to year until it is otherwise legally disposed of, and pay the net proceeds in- to the treasury annually. 3. He shall also make out and transmit to the auditor Arunts ret"r- of public accounts a description of the quantity, quality, and value of such real estate, and its probable annual profits. ARTICLE II. Agents to be appointed. Agentstobeap- 1. The auditor of public accounts shall appoint an L23o. ' agent for the commonwealth in each county. 1. Before the agent so appointed shall enter on the du- To give bond. ties of his office, he must give bond and good surety, to be approved by the county court of his county, for the faithful discharge of his duty; a certified copy of which bond shall be sent by the clerk of the court to the auditor. 2. It shall be the duty of the agent to take into his pos- Totaklepos- session and manage estates, and the profits thereof, which may be devised and not claimed within five years, as pro- vided for in the first article of this chapter. 3. Also, to bring the personal representatives to a set- To settle with tlement and to an account for all such estates as are there- personal represen- in provided for. 4. Also, to make report to the auditor of the amount, To report to and- quantity, quality, and value of such estates, and of the an- nual profits thereof. 5. He shall also, under written directions from the au- To sell mte- ditor of public accounts, sell any estate or property which may so come to his possession, on such credit as the audi- tor may direct, taking good security for the payment of the sale money; which sales he shall report in due time to the auditor. 6. He shall also pay all money into the public treasury To pay into the which comes to his hands as agent. treasury. Auditor may 2. The auditor may, at any time, remove an agent and move, ' appoint another, or fill any vacancy in that office. 3. If any devi!ee or his heirs,- devisee, or distributee, Legurier not or any heir or distributee of the testator has failed, or shall claied[or live A Yro. e hereafter fail, for five years to claim his legacy, as provided for in the second section of this chapter, the personal rep- L.K 2Z0 resentatives of such testator, or other person having the same in possession, shall, after deducting the legal liabili- 30o ESCHEBATS AND SCHRATOBS3 ties thereon, pay and deliver over such legacy, whether the same be real or personal estate, and the net profits there- of, to the agent of the commonwealth for the use of the treasury. ARTICLE III. Money to be paid into the Treasury. 1. The returns made to the auditor by personal repre- Auditortore port to g.,.,-r.1 sentatives and agents shall be, biennially, reported by him -E bly. to the general assembly. 2. Suits in the name of the commonwealth, to settle or M.y iatitute recover such estates, against any person in possession of or accountable for the same, may be instituted by the direc- L 2. tion of the auditor. 1. Such suits shall be prepared by the agent of the com- Prepared by agent monwealth. 2. No agent shall be allowed more than five per cent. Allowance. for his whole attention to any estate. 3. Lands or other property to which the commonwealth Lad may be sold. may be entitled under the three first articles of this chapter, by the owner dying intestate, may be sold on a reasonable credit, at any time, by the agent of the commonwealth, in pursuance to the written directions of the auditor. Upon the production of such directions by the agent, the person- al representative, or other person having such estate in possession or under his control, shall surrender the same to such agent. 4. The auditor, after the purchase money for any land Auditor to cOaney so sold is paid into the treasury, shall convey the title of the commonwealth therein to the purchaser or his assignee, his heirs or devisees. ARTICLE WV. Escheators to be appointed. 1. The governor shall appoint an escheator in each h-atortobe county, who shall hold his office for four years, or until re- M. & 8.620. moved, or a successor is appointed and qualified. V. R.4S0. 1. He shall, before he enters on the duties of his office, Togir bond. give an obligation in the county court of the county for which he is appointed, with good surety, payable to the commonwealth, for the faithful discharge of the duties of his office; a certified copy of which shall be sent by the clerk of the court to the auditor. 2. He shall execute the duties of his office in person, and Toacti person. not by deputy. 307 ESCEMATS AND M&HEATOR& 3. He may be removed from office by the governor for GJenoremo misbehavior, neglect of duty, or incapacity. 2. No escheator shall hold an inquest in any case em- When to bold braced in the three preceding articles. He shall hold an 1DXUur. ' inquest in all other cases embraced by the laws of escheat which have occurred where none has been holden, and in all cases which shall hereafter occur. To tii in public 3. An escheator shall sit in public places. 1. He shall give notice, posted on the court house door TogSie-otie of the county thirty days, of the time and place of taking an inquest. 2. lIe shall cause the sheriff to impannel a jury of free- Toreqir Jry, holders of the county, to convene at the time and place designated, who shall be sworn by the escheator to find and return a true inquest. 3. The escheator shall preside on the trial, keep order, Topr-ideattrla. and decide questions of law. 4. Witnesses and other evidence shall be heard touch- Evidence. ing the matters under investigation. 5. When the inquest i i ended and verdict made up, each Vedict. member of the jury shall sign the same. It must be countersigned by the eseheator, and return- ed by him, within thirty days, to the clerk of the county court. 4. When the verdict on such inquest shall be for the claim.at MrY commonwealth, any person claiming an interest, legal or petitic urour., equitable, in the land, may, before the sale thereof, petition Y. dO 0. the circuit court for redress. 1. To which the escheator shall be a defendant, and shall E-cheator to da. file an answer stating the objections to the claim. rbnd. 2. The court shall decide the cause, but may, at the re- Coartto decide, quest of either party, inmpannel a jury to try the facts. 6 5. Each party shall be entitled to the appropriate pro- Wijt- cess to coerce the attendance of witnesses on the inquest arcedtoattend, or upon the trial in court. 6. Pending the petition, the court may commit the land maybe lands, or a part thereof, to the claimant, on his giving an claimant Pnding obligation, with good surety, to take proper care thereof, Slut, and to pay the commonwealth the rents and profits of the M.x:B. -lo: C sl. same if the right be found for her. 1. If not so committed, the lands shall remain under the Orremin under control of the escheator, who shall be answerable for rents controloleecchat- and profits to the claimant or the commonwealth, as the right may be determined. 3OB scmEmTS AND ESCHEATORS. 2. The escheator shall, each year, collect and return a iieslct' to statement to the auditor of public accounts, of the rents cuntror reia received by him, and for what land, and pay the same into the treasury, except when a claimant shall be successful, deducting from such receipts five per centum for his ser- vices. 7. The finding of an inquisition in behalf of the com- Iquiittonnotto monwealth shall not affect the right of any person who is entitled to any term or interest in the freehold or estate so mI& . Aim. found to be escheated, or has any rent, right of common, or any other profit issuing out of the same. But such person shall hold and enjoy his lease, interest, rent, com- mon, or profit, whether the same is or not found in the inquisition. 8. If an inquest be found against the commonwealth, Ewcbtotm the escheator may traverse the finding, and have it re-tried tra'erue fnding. in the circuit court. Where the inquest is decided against the commonwealth, it shall not be evidence as between the heirs of the person dying seized, on a question of heir- ship. ARTICLE V. Lands to be reported to the Auditor. 1. Every escheator shall, within sixty days after office Ldsebeted found for the commonwealth, transmit to the auditor of ..dito-. public accounts a statement showing the number of tracts of land or town lots escheated, the reputed quantity of V R. 9I each parcel, the county or town in which it lies, and the name of the person from whom the land escheated. 1. The auditor shall forthwith cause such statement to Tobepblisld. be published four weeks in a public journal, printed at the seat of government. 2. If no person makes claim to the lands within six Tobid if .not months from the finding of the inquest, or if any claim be "'. "' I so made and found against the claimant, the eseheator shall sell the same at public sale, to the highest bidder, on M & B. 621. a reasonable credit, giving proper notice thereog and ta- king good security for the payment of the sale money. 3. The escheator shall certify the amount of the sale, sale to bet rti. and return the sale bond to the auditor of public accounts. 4. When the amount of the bonds are paid into the pub- Auditorto convey lic treasury, the auditor shall, on behalf of the common- wealth, make the purchaser a deed for the land. 5. Escheators shall be allowed five per centum on the Kacsb-ton nI- amount of all sales of lands made, or rents received by loe 5 Per cet. Soo 30CIIEATS AND ESCELEATOBS them, to be paid when the proceeds are realized by the treasury. 2. If, under any treaty between the United States and tAimT- any foreign country, time is allowed a citizen or subject of ad by treaty. such country to sell lands escheated, the same shall not be V. R. 49 1. sold by the escheator, unless such citizen or subject shall fail to sell the land within the prescribed period. 3. Any escheator failing to comply with any of the re- pi-.( ecst- quisitions of this chapter, shall be lined one hundred dol- ty. lars, upon indictment in the Franklin circuit court. V. B9Z. 4. Estates held in trust or by mortgage shall not es- tat_ in tr-ut cheat or be forfeited by reason of the trustee or mortgagee orby -tgtgi . being an alien, or of his dying without heirs. But any V. R.4953 equitable title to lands shall escheat or be forfeited so Equitabl. title. far as it would if the person having the equitable had the legal title. 5. Lands which escheat shall nevertheless be subject Ldbs o to the debts of the person dying seized. R. 493. 1. Any creditor of such person may file his procedure in Creditor's claim, equity to recover such debt in the circuit court of the coun- ty in which the inquest is returned, verified by affidavit, and make the escheator a party defendant thereto. May contest. 2. The escheator may contest the claims. 3. If the court shall decree that any part of the debt is D-ce paid out justly owing, it shall be paid out of the proceeds of the lands, in whosesoever hands it may be. Eacheator not 4. The escheator shall not be liable for costs in such suit. toPsy Crs 5. The remedy given in this section shall obtain and WNhe-remedy apply to cases of escheat under the first and second arti- pplies cles of this chapter. 6. The net proceeds of any estate embraced in this Net pr,,ceed re- chapter, which may be paid into the treasury, shall be re- inibu-sed to own- er. imbursed to the proper owner, who had not before asserted V. R.04. claim thereto by petition or otherwise, upon his producing to the auditor evidence of the justice of his claim, certified to be competent by a majority of the judges of the court of appeals. In such cases the attorney general, if he deem it proper, shall be allowed time to adduce countervailing evi- dence before such certificate is given. 310 EVEDENCE. CHAPTER XXXV. EVIDENCE. Of what Courts shall take judicial notice, as evidence. Copies from Journals, Records, &c., evidence. Executions may issue on lost Records, and how lost records may be supplied. Mode in which Records, &c., of other States and Foreign Countries are to be authenticated. 1. Acts and resolutions of the general assembly, local ofrt couxca or private, may be given in evidence, without being special- cite notic. ly pleaded; and the appellate court shall take judicial no- v. R. C tice of such as appear to have been relied on in the inferior court. 2. All courts, tribunals, officers, and persons, shall take v. Ft s.o. notice of the official signature of any officer of this state or of the United States. 3. Copies of the journal of either house of the general Copie or jour- assembly, printed by the public printer, shall be received ai be"idenc. as evidence, for any purpose for which the original journal v' R 6W. could be received. 4. A copy of any record or paper, properly filed or Copies attested by tbe- keepe ro lodged in the clerk's office of any court, or of the secretary doctme -i- of the commonwealth, treasurer, register, or auditor, or of dc. the surveyor of a county, attested by the person having V. . 661. the legal custody thereof, shall, upon proof of the execu- tion of the original, be admitted as evidence in lieu thereof. 5. A copy of any such writing as is embraced in the Suits may be Coe. pieS preceding section may be filed in a suit thereon, and the v. R 661. defendant shall plead thereto, as if the original were filed. 6. A copy from the mayor's office of any city, or from copies of ordi- the official books of any town, or religious society, of an &c.,evidece. ordinance or by-law for the rule of such city, town, or so- v R. 7. ciety, attested by the keeper thereof, shall be evidence for any purpose for which the original could be received. 7. A copy from an entry in a clerk's or justice's execu- Entri ine.ec.u tion book, of the date of an execution that issued from Uiob-k such office, and to whom delivered, and when returnable, v. R. 5. shall be evidence, in any proceeding against the officer and his sureties, to whom it shall be entered as delivered. S. The certificate of the auditor of public accounts of Auditor' certif- the fact, and of the time of the return of any real estate v. . 661 311 as delinquent, or of the sale thereof for taxes, shall be pri- nma facic evidence of the facts therein stated. 9. Any county court may order any of the books or re- Recod booka may be re-bouni cords in the clerk's office of such court, or in the office of aud brancribcd. the surveyor of the county, to be re-bound; or, when oblit- V. H. 61. erated, torn, or in a ruinous condition, to be transcribed in new books; and shall make a reasonable allowance there- for, which shall be chargeable to the county. The circuit courts shall also have the same power over the books and records of their clerk's offices, and the expense thereof shall be paid out of the treasury. 10. After any hook, that shall be so transcribed, is ex- such trauscript amined by the judges of the county or circuit court and an to eerdoc. order shall be made on the records of the court that the V. R.M. same is correct, the same faith and credit shall be given to the transcript that the book or record transcribed was en- titled to. 11. Where an original judgment or decree, or a delive- Ho. e-eculion ry, replevin, or forthcoming bond taken thereon, has been destroyed, obliterated, or lost, upon satisfactory evidence, . & B. e" 1340 after reasonable notice to the opposite party, showing that it had existed, its contents, and that it had not been dis- charged, the court or the justice of the peace that rendered the judgment or decree, or in whose office such bond was filed, may, on the motion of the person, or his representa- tive, in whose favor the judgment, decree, or bond was ren- dered or taken, if it appear proper, order an execution to issue thereon. 12. Where the order of the county court, appointing an Proceeding. in administrator or guardian, or any person to any place, sta- boad. tion, or trust, or the bond executed in the county court by any such person, or any officer, shall be destroyed, oblite- rated, or lost, the court shall, by the appropriate proceed- ing, due notice thereof being given, supply the record, and compel such person to execute a new bond, with good and sufficient sureties; and on his failure to do so, shall enter up an order vacating his office or station. 13. Where the records and papers of any court shall Whererecords, be destroyed, defaced, or obliterated, such court shall ap- owyd ord-raccd point a commissioner, who shall have power and authority to fix on a convenient place to meet and sit, from time to M. B. l 24L time, giving reasonable public notice thereof. 14. The commissioner may, at the instance of any commi ioer person, issue a summons and cause the attendance of wit- m eOkevcideno nesses, and take evidence, in writing, of such witnesses, 312 EVll)DtENC relative to any record or paper so destroyed, defaced, or obliterated; which deposition shall be legal evidence, and shall be returned to the clerk of the court, and safely kept by such clerk. The commissioner shall not remain in of- fice longer than one year. 1 P5. The commissioner shall be paid a reasonable corm- Cxt6pens.on. pensation for his services, out of the county levy. 16. When any record book, containing judgments, Lost record to decrees, orders, executions, or proceedings of a court, shall b I be lost, destroyed, or become illegible, and the same can v R.610. be again entered correctly by means of any writing, such court may order its clerk to have the matter re-entered, and the same, when done and approved by the court, shall have the same effect as the original. But any party to be affected thereby, shall first have reasonable notice of such proceeding. 17. When any record book of wills, deeds, and other Provion instruments of writing, or any such instrument, shall be f record filed in any clerk's office, and shall be lost, destroyed, or become illegible, the clerk in whose office such book or pa- v. L 661. per was, upon the production to him of any original paper which was recorded in such book, or an attested copy from the record, or of any thing else in said book, or of any paper so filed, shall, on the request of the person interest- ed, record the same anew, and shall certify on the record whether it was recorded from the original or a copy, and how the same was authenticated; and such record shall be prima fiwie evidence. 18. The records and judicial proceedings of any court Ho.recordsof of the United States, or of any state, attested by the clerk utheni - be thereof, with the seal of the court annexed, if there be a seal, and certified by the judge, chief justice, or presiding v R. M magistrate of the court, to be attested in due form, shall have such faith and credit given to them, in this state, as they would have at the place whence the said records come. 19. All records and exemplifications of office books, Whenrecords kept in any public office of the United. States, or of a sis- shang ebNI'be v ter state, not appertaining to a court, shall be evidence in this state, if attested by the keeper of said records or books, and the seal of his office, if there be a seal. 20. Exemplifications from the books of the executive Attevtstlonot records of other department of the United States, or any papers filed there- in, shall be evidence, when attested by the president or the chief of either of the departments; or from any state V.RX. 66. 40 313 EVIneNcM or territory, of like books or papers, when attested by the governor or the secretary of state thereof, under his offi- cial seal. 21. A copy from the record books of any court, or of Forign -esode. any register of births and marriages, or other instruments bow to be &Ahaf-n ticat. of writing, or a copy of any law or ordinance of any state, V. R. nation, province, colony, city, or town, in any place out of the United States, if the same shall have been registered in due form, according to the laws of such sovereignty, so certified and attested by the keeper of such record or reg- ister, and his attestation shall be certified under his official seal. by any consul, charge d'affaires, or minister of the United States, resident within the sovereignty where the record is kept, shall be evidence in this state. 22. If any person who shall have resided in this state, -lve ar eF- go from and do not return to this state for seven succes- dead. sive years, he shall be presumed to be dead, in any case V. R. am wherein his death shall come in question, unless proof be made that he was alive within that time. 23. The unwritten or common law of any other of How laweof the United States may be proved as facts by the parol evi- eproved, dence of persons learned in that law. The printed books M. R. 77. of cases adjudged in the courts of a sister state, may also be admitted as evidence of such law. 24. The existence and the tenor or effect of all foreign BHow oretgn laws, beyond the limits of the United States, may be prov- ed by the parol evidence of persons learned in those laws. M. R. W7i. But if it appear that the law in question is contained in a written statute, the court may reject such parol evidence, unless it be accompanied by a copy of the statute. 25. The printed laws of the United States, or of any PrInted IaW.Ie- state or territory thereof, which have been or shall be re- ry-solffic-or-enr ceived in the secretary's office of this state, and which shall Sed COpiem thereof, evideoce. have been printed under the authority of the United States, M. & B. 1g. or such state or territory, or a copy thereof, when duly cer- tified by the secretary of state for this commonwealth, shall be admitted and received as evidence of such laws. 314 EnrlENwe EXECUTIONS. CHAPTER XXXV1. EXECUTIONS. ART. 1. Writ of digit abolished. AaT. 2. Writs of fieri facias. ART. 3. Defendant's estate bound. ART. 4. Capias ad satisfaciendum allowed. ART. 5. How decrees in chancery may be enforced. ART. 6. Writs of venditioni exponas. ART. 7. Executions on judgments for specific property. ART. 8. Concerning live stock and slaves. ART. 9. Defendants allowed to replevy. ART. 10. Forthcoming bond. ART. 11. Sale bonds. ART. 12. Bonds having the effect of judgments. ART. 13. Lands liable to cxecution. ART. 14. Concerning the sale of property under execution. ART. 15. Encumbered property may be sold. ART. 16. Certain sales invalid. ART. 17. To what counties executions may issue. ART. 18. Duties and liabilities of certain officers. ART. 19. Miscellaneous matters. ARTICLE I. Writ of digit abolished. 1. The writ of digit is abolished. B igit. d. d, H.tl31.: ARTICLE 11. Wi-its of fleri facias. 1. A ficri facias may issue on any final judgment or Fierii fcias. decree of a court of record, in pcrsonam, for a liquidated a. , B. 631 63. sum of money, and for interest and costs, or for costs alone. 2. The form of a writ of ficri facias may be in sub- o stance as follows, to-wit: THE COMMONWEALTH OF KENTUCKY TO THE SHERIFF OF M. d; BLM COUNTY, GREETING: We command you that of the estate of A. B., you cause to be made the sum of -, which C. D., late in our - court, hath recovered against him for debt, with interest thereon from the -day of - until paid; also the sum of I-, which to the said C. D., in the same court, were adjudged for his costs in that suit expended, whereof he is convicted, as appears to us of re- cord, and that you have the said sums of money before our 315 said court on the- day of-, to render to the said C. D., his debt, interest, and costs, aforesaid, and have then there this writ. Witness, &c. 1. The form may be varied to suit each particular case. 2. All executions shall be returnable to some rule day Whb-en d w110 of the court not under thirty nor over seventy days from TOWmne& the test. 3. If a fi. fa. be satisfied, the officer may return thereon, in substance, "satisfied," unless it be by the sale of proper- ty, when the fact must be stated. 4. If satisfied in part, be must state what part and why the residue is not made. 5. If levied, and no sale has been made for the want of bidders, or no property has been found, he must state the facts. 3. If a fnti facias is issued, and the plaintiff desires to Pi. fa. at plain- take out another, at his own proper costs, the clerk may fir.t ujri. issue the same, though the previous execution be not re- m. & B.Cz. turned. 1. If it be returned in whole or in part not satisfied, a Wbena IL fa. new one may issue. 2. On a joint judgment or decree against several, the Onjointiud-g execution must be joint. 4. No execution shall issue on any judgment or decree, unless ordered by the court, until after the expiration of ten days from the rendition thereof. 5. Each court shall, by an order of record, appoint a Return dab. monthly return day of executions. ARTICLE 111. Defendant's estate bound. 1. A writ of flerifc shall bind the estate of the U.. ofl . r. defendant only from the time the same is delivered to the M. & B.6 3M. proper officer to execute. 1. The officer to whom it is so delivered shall indorse TIme to be if- thereon the day of the month, year, and time of day, when dorieS, the same is received by him. 2. If two or more executions are delivered to the officer priority. on the same day against the same person, he shall satisfy that one first which comes first to his hands. 3. When two or more executions come to an officer's Pro ra. hands at the same time, and he is unable to make the amount thereof, he shall apportion the sum made among M.& Ba7. the several executions so coming to his hands, according to the amount thercof. 31ff EXECUTION& ARTICLE [V. Capias ad sati.sfaciendurn allowed. 1. A capias ad sati.fizciendiem may issue, except against capls" females, upon all judgments for a trespass, vi cd armis, up- m. d, IL 6M. on the person or property, for seduction, or for slander, written or verbal, or for a malicious prosecution. The court shall note, at the foot of the judgment, that a capias ad salisfaciendum may issue thereon. The form of such ex- ecution shall be, in substance, as follows, to-wit: THE C(MMONIAWEALTH OF KENTUCKY TO THE SHERIFF oF - Form ot. COUNTY, GREETLNG: We command you that you take A. B., if he be found within your county, and him safely keep, so that you have his body before our judge (or justices) of our court, &c., the day of , to satisfy C. D., the sum of , which the said C. D. hath recovered against him for damages; also the sum of -, which to the said C. D., in the same court, was adjudged for his costs; and that you have the same at , on the day of-, to satisfy and pay the said C. D. his damages and costs aforesaid, and have then there this writ. Witness, E. F., clerk of our said court, this day of June, 1851. 1. The benefit of the prison rules is, in all cases, abol- Prison nl,. ished. 2. No defendant shall be allowed to take the oath of an Io-ilvenwsoath. insolvent debtor until ten days after he has furnished the plaintiff or his attorney a copy of the schedule of his prop- erty he intends to surrender. 3. The sheriff or other officer may return on a ca. sa., in Return on CL - substance: In virtue of this writ, I have taken the within named A. B., and delivered him to the jailer of my county. This -day of -. Or, the within named A. B. is not found within my connty. This day of 2. The death of a defendant imprisoned under a ca. sa. M. & B shall not release his estate from liability to the plaintiff. ARTICLE V. How decrees in chancmi-y may be enforccd. 1. A final order or decree for money, lands, slaves, or on o other specific things, may be enforced by any appropriate writ of execution, allowable on a judgment at law, accord- K & 56. ing to the nature of the case. 1. Such writ shall issue and be returnable as other writs of execution. 317 EXECUTIONS. 2. Nothing in this section shall prevent any party from Anciet proced t log allowed. proceeding to carry any order or decree of court into exe- cution, according to the ancient practice of courts of chan- cery. ARTICLE VI. Writs of venditioni expnas. 1. When the sheriff or other officer shall return on a writ Venditionitex- of fierifacias, that the estate levied on, or any part thereof, ponas. remains in his hands unsold, a writ of venditioni exponas I.k B.&63. may issue, directed to such officer. 1. Which writ shall be, in substance, as follows: Porm of TiE COMMONWEALTH OF KENrMCKY TO THE SHERIFF OF M. &B.63O. COVNTV, GREETING: We command you that you expose to sale the estate of A. B., to the value of -, which, ac- cording to our command, you have taken into your hands, and which remains in your hands unsold, as you have cer- tified to our - court, to satisfy C. D. the sum of E whereof in our said court he hath recovered execution against the said A. B., by virtue of a judgment in the said court, and that you have, &c. 2. The like proceedings shall be had on such writ as Proceedings on. might and ought to have been had on the first execution. 3. An officer may, at any time after the return day, while SaletonS . fa.A f. the original execution is in his hands, sell any property retr day. taken by him, before the return day, in virtue thereof. ARTICLE Vl. E xecutions on judgments for spec ile property. 1. When a judgment shall be recovered for a specified Executios for slave or other thing, the plaintiff may have an execution specipropery, issued thereon, commanding the proper officer to take the M. B. 60. thing so recovered, and deliver the same to the plaintiff. 1. Or, the plaintiff may, if he so elect, take a writ of A fi. far rrs- ai as for the assessed value of the thing recovered; sesed value, and in either case he shall have execution for the damages assessed for the detention, and his costs. 2. The court may, upon satisfactory proof that the prop- erty recovered has perished, or that, without the fault of the defendant, it is out of his power to produce the same, order the plaintiff to receive the assessed value in lieu of such property. 318 UXCTIONS. ARTFCLE V11i. Concerning live stock and slaves. 1. When an execution is levied on a slave or live stock, Susten-nce for and no forthcoming or replevin bond is immediately given, levied o,. s the officer shall provide sufficient sustenance for the slave M. & B.638. or live stock so levied on, until the same is legally dispos- ed of. 1. In such case, the officer shall make a fair estimate of 6A1I.,.nrvctoot- his expenses, and collect the same, subject to correction by the court. 2. Upon the return of the execution, if either party so desire, the court must fix what the officer shall be allowed for his expenses, which is to be considered a part of the taxed costs in the case, and collected accordingly. 3. When an execution which has been levied on slaves or live stock is quashed, enjoined, superseded, or suspend- ed, the officer levying the same may have his expenses al- lowed, and issue his fee bill for and collect the same from the plaintiff in the execution. 4. Such expense, except when the execution is quashed, shall form a part of the costs, and be collected from the defendant if the stay or suspension be removed. If re- moved in part only, then in proportion to such part. ARTICLE IX. Defendants allowed to replevy. 1. The defendants (except in the cases herein otherwise Judgmentre. provided,) may, when there is no execution thereon in the P hands of a collecting officer, replevy any judgment or de- M. & B. 653. cree for money, except decrees to enforce a lien, for three 1842-3,50. months before the clerk or justice of the peace, or judge of the quarterly court entering up the judgment or decree, by giving an obligation and good surety, to be approved of by such officer, in substance as follows: This day the defendant, A. B., together with C. D., his Form of bond. surety, came before me, as clerk of the - court, (or be- fore me, the presiding judge or justice of the peace of- county,) and undertook that they would satisfy and pay E. F. his judgment, including interest (if any) and costs, amounting to -, rendered in his favor against the said A. B., by this court, (or by me,) within three months, with legal interest on the whole amount thereof from this date. 2. Any execution on a judgment or decree which could Eletlomre be replevied before such execution issued, may be replevied . d& B-. 319 EXECUTIONS. for three months at any time before a sale of the property under the same, by the defendant giving to the officer act- ing under the same an obligation, payable to the plaintiff, with good surety for the amount thereof, including interest, costs, and half commission up to that time. The obliga- tion shall be, in substance, as follows: We,A. B., principal, andE. F., security, do bind ourselves, Form of bond. three months after the date hereof, to pay C. D., the plain- tiff in execution, the sum of -, -cents, to bear inter- est from this date, being the amount of an execution which issued from the clerk's office of the circuit court (or county court) of-, (or the office of G. H., a justice of the peace in and for - county, as the case may be,) on the- day of -, in favor of the said C. D., for the sum of -, debt or damages, -, interest, costs of suit, -, sheriffs' (or constable's) half commis- sion, amounting in the whole to the sum of -, afore- said, against the said A. B.; and we, the said A. B. and E. F., his surety, have hereby replevied the same. Witness our hands this -day of 3. An agreement to waive the right to replevy, or any waiver dot. other legal agreement in relation to any judgment or de- M. & cree, entered on the record among the orders of court, shall be specifically enforced. In such case the proper indorse- ment shall be made on the execution by the clerk, judge, or justice. 4. No replevy shall be allowed upon a judgment No reptevyitow. against any collecting officer or attorney at law, or agent, Cd in ceaincs for a delinquency or default in executing or fulfilling the w. & B ,in. duties of his office or place, or for failing to pay over mon- ey collected by him in such capacity, or against a principal by his surety, or of a debt due by obligation having the force of a judgment, or of a judgment or decree for specific property, or for the property or its value. ARTICLE X. Fortlhcoming bond. 1. The owner of personal estate taken in execution orrthcoming may give to the officer levying on the same an obligation, bond, with good surety, to have the property forthcoming at the J. & U.61. time and place of sale, specifying therein each article of property, and its value. Form of. I. The obligation shall be, in substance, as follows, viz: We, A. B., principal, and C. D., surety, do bind ourselves that the property mentioned in the following schedule and 320 EXECUTNa. valuation, to-wit: -, valued at -, (naming each ar- ticle and its value,) shall be forthcoming at -.-, on the - day of- next, by the hour of twelve o'clock in the day. Witness our hands. 2. Upon the giving of such obligation, the officer shall Posadon re. restore the possession of the property so taken in execution to the defendant, to remain with him, at his own risk and expense, until the time stipulated for its delivery. 2. If the defendant shall fail to pay or replevy the Miuretopyor amount of the execution, and shall fail to deliver so much of the property specified in the forthcoming obligation, or M. & B.64e. other property in its place sufficient to satisfy the cxecu- tion, and all costs and commissions, the officer shall return the execution and bond to the office whence the former is- sued, and indorse on the execution the levy, the giving of the bond, and the particular property which is not forthcom- ing, and the other facts. 1. The surety therein shall be liable only for the value LMabilltyorsuretY. of the property specified in the bond, which is not forthcom- L 2. ing, with interest thereon from the date of the bond, and the accruing costs. 2. If the property specified in a forthcoming bond is wien property In bond not suff. not of value sufficient to satisfy the execution and all costs ient. and commissions, the proper officer may issue another ex- ecution, and credit the same with the value of the proper- ty specified in the bond. 3. An officer taking a forthcoming bond, who shall fail OMOfficer tilng to return the same to the proper office for twenty days af- comingbond. ter the failure to comply on the part of the defendant, shall, with his sureties, be liable to the plaintiff for the amount N. of the execution, costs, and commission, and twenty per centum thereon, to be recovered by action or motion against any one or more of them, or their representatives. ARTICLE Xl. &ale bonds. 1. In all cases where the right to replevy exists and is Credit of thrs not exercised, sales under execution shall be on a credit of monthS three months, upon the purchaser giving bond and good Gi. & B.644. surety to the plaintiff in the execution, for the payment of the sale money, bearing interest from the date. 1. The bond shall be, in substance, as follows: We, A. B., principal, and C. D., surety, do bind ourselves fox..or bond. to pay to E. F., within three months from the date hereof, the sum of -, - cents, with interest thereon from this 41 32W1 EXMUITIONS. date, being the purchase money for (here set out the sev- eral items of the property so purchased, with the price of each,) which was this day sold by G. H., sheriff, (or constable, &c., as the case may be,) of -county, in sat- isfaction of an execution which issued from the office of the clerk of the - circuit court, (or K. L., a justice of the peace for - county, as the case may be,) on the day of -, in favor of the said E. F., against M. O., for the sum of , debt or damages, with interest and costs. Given under our hands this - day of 2. When property sold on a credit shall sell for more Bond to depend- than will satisfy the execution, costs, and commission, the Mnt (orCxe. officer making the sale shall take a bond, payable to the M. & B..64. defendant, the owner of the property, for the excess, simi- lar in every other respect to that directed in this article to be taken to the plaintiff, and to have like force and effect, and on which like proceedings may be had. If the prop- erty is sold for cash in hand, any excess, over satifying the execution and charges and commissions, shall be paid over by the officer to the defendant whose property is sold. ARTICLE X1I. Bonds having the efcci If judgments. 1 1. Every bond taken on the sale of property under an Bond,bowe re- order or decree in chancery, or on the sale of property un- s61ed. der execution, and every replevin and forthcoming bond shall be signed by the principal and sureties, and attested by the person taking the same, or by some one in his pres- ence. 1. A bond so taken shall be returned to the proper office 3wD. with a report of the acts of the person taking it; and if taken under an execution, the latter must be returned with the bond. 2. All such bonds shall have the force and effect of a Force n.I erect. judgment, and on which, if not paid at maturity, an execu- tion may issue, and shall be indorsed that no surety of any kind is to be taken. 5 2. The officer taking any of the bonds aforesaid, and Liability ofoffter his sureties, or their representatives, shall be jointly and severally liable to the person injured for any damage he may sustain by taking surety thereon who is not good when received. 3. If one of several obligors or obligees in any bond D.ath or obligor, having the force and effect of a judgment, shall die before IL k B.47. the same is satisfied, execution may issue on such bond in 322 EXI;IUTIONFS. the name of the surviving obligee or obligees, against the obligors or the survivor. 4. When all the obligees in such bond as is specified in Death of oblona the next preceding section shall die, their personal repre- sentatives may, if such bond is not satisfied, sue out execu- tion thereon after its maturity, against the obligors or their personal representatives, if they are all dead, or if only part be dead, against the survivor and the personal representatives of the deceased. 5. When a bond having the force of a judgment is Bond quahed. quashed, a new execution may issue on the original judg- M. & & M. ment at the instance of the plaintiff, in the same manner as if such bond had never been given. ARrICLE Xiii. Lands liable to execution. 1. Land to which the defendant has a legal title, in fee, Land ubJcit to for life, or for a term, whether in possession, reversion, or ex-cuti"' remainder, may be taken and sold under execution. . &6 2. Land must be sold under execution to the highest Wheusold. bidder, on the first day of a county or circuit court, at the x.& asm. court house door of the county in which it lies. 1. Only so much can be thus sold as will satisfy the ex- Qu-ntityold. ecution under which the sale is made. 2. The officer making the sale must first advertise the Advertiaed. time and place of making the same, by written notice set up at the court house door and three other public places in the vicinity of the land, for fifteen days next preceding the sale, therein describing the land to be sold. 3. Before a sale of land, the officer shall cause it to be V.lued. valued, under oath, by two disinterested, intelligent house- keepers of the county, not related to either party. If they M. & B.643. disagree, the officer shall act as umpire. If a part of a tract only is sold, the part so sold shall, after the sale, be valued in like manner, 4. The valuation so made shall be in writing, signed by IL.& B. 60. the persons making it, and returned with the execution, and the officer must refer to and explain the proceeding in his return on the execution. 3. In making sale of land, when the whole tract shall Pair sotd to be be bid up to the amount required to be made, the defend- deignatd. ant, his agent or attorney, if present, may designate off c. &a. what side or end of the land the sale shall be made. If no dcsignation is so made, the officer must declare which 323 EXCUTIONS. side or end he will sell; and in so doing, act according to what he may deem the best interest of the defendant. 4. If the land so sold does not bring two-thirds of the R1shtorneunqp valuation, the defendant and his representatives shall have Uios. the right to redeem the same within a year from the day of M. & B. sale, by paying the purchaser or his representatives the original purchase money, and ten per centurn per annum interest thereon. I. The defendant redeeming his land shall take receipt Porhl's - from the purchaser, and lodge the same with the clerk of m6ipt_ the court, to be filed with the execution under which the sale is made. 2. The defendant may tender the redemption money to T.nder or -e the purchaser, his agent, or attorney, if in the county where the land lies, or in the county where the judgment is ob- tained, and if the same is refused, or if the purchaser do not reside in either of said counties, the defendant may, before the expiration of the year, go to the clerk of the court whence the execution issued, and make affidavit of such tender and refusal, or that the purchaser, his agent or attorney, does not reside in the county where the land lies, or whence the process issued, as he believes. Thereupon, he may pay to such clerk the redemption money for the purchaser, and the clerk shall give a receipt therefor and fle the affidavit with the execution in his office. 3. When the right of redemption exists, the defendant s shall remain in possession until it expires. 5. Land sold under execution which is subject to re- xoc conveyed demption shall not be conveyed by the officer making the foroeYear. sale until the expiration of one year from the sale; nor d. B. 6X051. shall he convey after that period if the land has been re- decened or the affidavit is made and money deposited with the clerk, as in this article provided, unless in pursuance to an order or decree of a court, or the written assent of the defendants in the execution. 6 The right of redemption herein provided for shall Eight of re- be liable to sale under execution. The land shall, in such t-o eXcutio.j case, still be subject to redemption by the defendant un- til the end of a year from the first sale. The purchaser of the right of redemption may, before the end of a year from the first sale, pay the prior purchaser his money and interest, as stated in this article; and shall be enti- tled to the land, unless redeemed by the defendant in the execution. 324 EXELIM.118. 7. Land sold under an execution issued to another Land I anouer county than that in which the judgment was rendered, or Co..ty. than that in which the owner resides, at the request of the m.ssi. defendant, shall not be subject to valuation or redemption. The clerk shall indorse on such execution, that no valua- tion is to be made. 8. If the defendant shall hold the legal title to several Wbere derend- tracts of land in the same county, he, or his agent or attor- tracts. ney, may, by writing, direct an officer having an execution M.& B.65L against him, to make the amount of the same first out of such of the tracts as he may designate. 1. Such direction shall not preclude the officer from levying on and selling other property at the same time, to supply the deficiency, if any, in the sale of the land desig- nated. 2. The proper title papers must be delivered to an offi- cer with the directions. 9. At any time when there is no execution in an offi- Drfn.da.t'.tm cer's hands, the defendant may make affidavit before the Iands an zn.otber clerk in whose office there is a judgment or decree against him, that he has the legal title to land in another county u. & ELat. than that in which the defendant resides, or in which the judgment or decree was rendered, and that the same will, as he believes, satisfy said execution; that the land is not in the adverse possession of another, and state his deriva- tion of title to the land, and file his title papers with the clerk. IHe must further state in his affidavit that he de- sires an execution to issue to the county in which the lands lie. Thereupon, the clerk shall issue an execution to such county. 1. But if the defendant fails to comply with any one of these requisitions, the clerk shall not, without the assent of the plaintiff, issue an execution to such county. 2. If the land is sold under the execution, the title papers deposited with the clerk shall, on request, be delivered to the purchaser of the land. 5 10. The sheriff who sells land under execution, or his Sberiu to con-ey. deputy, or the successor of the former, must convey the ti- tle sold to the purchaser, or his assignee, or his heirs or de- visees, if the same is not redeemed. ARTICLE iieV. Concerning the sale of property under e.recution. 1. The same personal property shall be exempt from Pr,.pertye.mpt. execution which is exempted from distribution. M. B. s l. 6 I 325 ESXEMUT0S8. 1. And on all liabilities created after the twenty-second of March, 1851, the following additional property shall be ex- empt: one work horse; five head of sheep; one cooking stove and appendages, and other cooking utensils not ex- ceeding twenty-five dollars in value. 2. A defendant in an execution may give up for sale all Defedant may or any part of the property exempt from execution or sale prop."y, . under a fee bill or an attachment, and take other property of equal value, to be ascertained by two disinterested house- keepers, selected by the officer making the levy. 2. Property shall be liable to levy and sale under ee- Order of liability. cution in the following order: 1. Personalty. ". Slaves. 3. Lands. 3. If there is not enough of that description of proper- ty first liable, the officer may levy on or sell others in euc- cession, at the same time, until a sufficiency to satisfy the execution is seized and sold. 4. The defendant may, on the day of sale, by writing, DeIendant may direct the property levied on to be sold in any succession direct. he may desire; and he may produce other property, or the title to land in the county not levied on, and by writing di- rect the same to be first sold; and in that case the residue of the execution, costs, &c., if any, shall be made out of the property levied on. 5. Slaves must be sold under execution at the court P Iac. of ale. house door of the county in which the levy is made, on the first day of a county court or circuit court. Person- alty may be sold at or in the vicinity of the place of levy. 6. Slaves and personalty may be sold in ten days after Time, noticcc. the levy; the time and place of sale, and a description of the property, being first advertised, by setting up written notices ten days preceding, at three of the most public places in the vicinity of the place of sale. 7. No crop of any description shall be levied on or Cr-p. sold under execution, (unless it shall have been severed from the ground,) until after the first day of October in each year. But if the estate of the defendant in the land is liable to be sold, and is levied on and sold, the title to the growing crop may pass by such sale. 326 &XCUT10,.118 EXFXUCfONS. ARTICLE X\. Encumtbered property may be sold. 1. When the defendant in an execution shall have Defrndawt, in owned the legal title in any real or personal estate, and P"e"7&.T have created a bonaflde incumbrance thereon, by mort- may -l"" gage, deed of trust, or otherwise, before an execution has M. & B.653. created a lien on the same, the interest of the defendant in such property may be levied on and sold, subject to such incumbrance. 1. The purchaser at the sale shall acquire a lien on such Porchaer'slien- property for the purchase money, and interest after the -t.l'r Ct. inte rate of ten per centum per aunum from the day of sale until paid, subject to the prior incumbrances. 2. Any other creditor, whether by judgment or not, may, Other creditor,. after such execution and sale, by equitable proceedings, subject the encumbered property to sale, and, after satisfy- ing prior liens, have his demand satisfied out of the pro- cceds of the residue. The proceedings in equity must be instituted before the purchaser has, by suit, removed the incumbrance. 3. The defendant in the execution may redeem the pro- Df-end..t maY perty so sold by paying the original incumbrance, with le- d- gal interest thereon, and by paying the purchaser his pur- chase money, with ten per centum per annum interest thereon. 4. The purchaser of encumbered movable property must, Purchaser to before possession thereof is delivered to him, give an obli- not o gation, with good surety, payable to the incumbrancer and the owner, stipulating that the property shall not be re- moved out of the county, and shall be preserved and forth- coming, unavoidable accidents excepted, to answer the in- cumbrance, and for redemption, and deliver the obligation to the officer, to be returned with the execution. 5. Courts of equity shall have the control of all encum- Courts otequity bered property sold under execution, and the power to make all needful orders for the preservation and forthcom- ing of the property and its issues and profits, to satisfy the incumbrance, and to secure the rights of others. 2. When an execution is placed in the hands of an of- Ofcer may ap. ficer for collection in a county in which the plaintiff does r UseIt not reside, he may, by indorsement on the execution, name an agent in the county to which the execution is directed, who shall have power to receive and receipt for the money when collected. UEXATIO N8. ARTICLE XVI. Certain sales invalid. 1. Sales made under execution by fraud, covin, or col- wbt saes in. lusion, may be set aside on the motion of any person ag- -ftid-hourWt .. C-htude. et grieved, or by bill in equity. M. If by motion, it must be commenced within one year from the sale. 2. It must be made in the court whence the execution issued. 3. The parties afflected by the motion must have ten days previous notice in writing, setting forth the grounds relied on for invalidating the sale. 2. No officer shall, directly or indirectly, bid for or buy Officer may not any property under an execution which may be sold by his buy. X &B. 6n deputy, or principal, or by his co-deputy. 1. The right of property so sold and purchased by any such officer, or by another to his use, shall not thereby be changed. 2. Any deed or bill of sale made for property so sold shall be void. ARTICLE XVII. To what counties cxecutions may issue. 1 l. No execution shall issue to any other county than rcuutiontoan,; that in which the judgment was rendered, or that in which oilier ct.U. the defendant resides, until execution has issued to one of M. & 5.646 the counties named, and has been returned by the proper officer, no property found, as to all or part thereof. 1. This section is not to apply when the plaintiff, his agent or attorney, shall make affidavit and file the same with the clerk, stating that the defendant has absconded, or removed to another county or state, or that he is about so to abscond or remove himself or effects, or part of them, out of the county where he resided at the date of the judg- ment, or that the defendant is, by some other ways or means, (naming the same,) attempting to defraud the plain- tiff in the collection of his debt; or that the defendant has no property subject to execution in the county of his resi- dence or that in which the judgment was rendered; but on his filing such affidavit, an execution may issue to any county the plaintiff may direct. 2. The plaintiff shall be liable to the defendant for any damage he may sustain by procuring an execution to is- sue wrongfully under the first subsection of this article. 2. No sheriff shall be required to go out of his county to return process in a civil case. 1. lie may incloge such process, with the return thereon, Reurby il. (keeping a copy,) directed to the plaintiff, and send the same by mail to the county whence it issued. 2. When so sent in proper time and manner, the officer shall not be liable. ARTICLE Xlyn1. Duties and liabilities of certain officers. 1. When an officer shall delay advertising property for OmM detailg sale taken under execution for an unreasonable time, he toidv-ni- may, on the motion of either the plaintiff or defendant in I & B.64. the execution, be filled by the court whence the execution issued, not less than five nor more than twenty dollars and costs, to the use of the party making the motion. 1. The officer must have at least ten days previous no- tice, in writing, of such motion. 2. The officer shall, moreover, be liable to the action of the party aggrieved, for damages. 2. When any writ of execution or attachment for not performing a decree in chancery is placed in an officer's hands to execute, and he shall fail to return the same by the M.& B. 24. return day thereof, the court whence it issued may, on mo- tion, fine such officer, for the use of the party injured, not exceeding fifty dollars-three days previous notice of such motion being given. 3. When a sheriff or other like officer shall have re- rosins to pa. ceived the money or any part thereof, on any writ of exe- ct".-e col cution or other process, and shall not immediately pay the same to the party entitled thereto, or his agent or attorney, on a proper demand thereof, he and his sureties, or any one of them, or his personal representatives, heirs, or devisees, shall be liable to such party for the amount collected, and fifteen per centum per annum interest thereon, from such demand until paid, and the costs of recovery, legal and extraordinary. 1. The remedy shall be by motion or suit in the court whence the execution issued. 2. Ten days previous notice of the motion, specifying the grounds thereof, shall be given. 4. Any sheriff or other like officer, in whose hands a pFiling to make writ of execution is placed to do execution thereof. who deWr fror thitty fails to return the same to the office whence it issued, for thirty days after the return day of the same, without rea- m.& B. ML 42 329 EECUTION& Ponable excuse for such failure, shall, with his sureties or the personal representatives, heirs, or devisees, be liable, jointly or severally, to the plaintiff in such execution, for the amount thereof, and thirty per centum damages there- on, and costs of recovery. The remedy shall be the same as is given in the next preceding section. But this section shall not apply where the defendant is insolvent, and has not property in the county out of which the execution, or any part of it, could be made; but in such case the liability shall be for thirty per cent. on the amount of the execution. 5. When the sheriff or other like officer collects any Wbenreinjunetion money under an execution in his hands, and the defend- obta-nd befor yoaeypaidov-r. ant shall obtain an injunction or other writ staying pro- M.& B. 64. ceedings on such execution, before the money is paid over to the plaintiff, the officer must pay the money, or the part for which the execution is stayed, to the defendant from whom it wvas collected. 1. Any officer refusing to pay over money, as herein di- rected, shall be liable as in case of a refusal to pay over money to the plaintiff collected on execution. 2. All motions allowed by this chapter must be com- Motions within menced within two years after the cause of such motion two ya. accrues. ARTICLE XIX. Miscellancous matters. 1. Executions issued by a judge of a county court, on Executionst rom judgments or decrees at its quarterly sittings, or by a jus- county judge or- jantmces. tice of the peace, shall bear test in the name of the officer M. & B.645. issuing the same, and shall be governed by the provisions of this chapter, so far as the same are appropriate. 2. When an execution is issued jointly against a per- Against peson- sonal representative, and heirs and devisees, it shall be the Irepresentatves, heirs, &c. duty of the officer in whose hands it is placed for collec- tion, to sell first the estate in the hands of the personal rep- resentative; second, the estate descended to the heir; and third, the estate devised. The same order shall be observ- ed when the execution issues against only two of the classes named. But the defendants may, by writing, direct the sale to take place in any order they desire. 330 EXECUTION.. EXECUTORS AND ADMINISRATORS8 CHAPTER XXXVII. EXECUTORS AND ADMINISTRATORS. ART. 1. Powers, duties, and responsibilities of Executors. ART. 2. Appointment, duties, and responsibilities of Adminis- trators. ARTICLE 1. Powers, duties, and responsibilities of Executors. 1. The person nominated by a will as the executor Powers of ex. thereof, shall not have power to act until he qualifies as such, by taking an oath and giving bond in the court in V. . 540 which the will, or an authenticated copy thereof, is admit- ted to record. But he may provide for the burial of the testator, pay reasonable funeral expenses, and take care of and preserve the estate. 2. The oath of an executor or administrator with the Oath. will annexed, shall be, that the writing admitted to record N contains the true last will and testament of the deceas- V. R. 541. ed, so far as he knows or believes, and that he will faith- fully perform the duties of his office to the best of his judg- ment. 3. Every executor and administrator with the will an- To gt e-ad. nexed, shall give a bond and good surety, sufficient to se- m. & B.". cure the amount of the whole estate of the deceased to be v. K administered. 4. But when the will directs that an executor shall not nomoretyincer. give surety, the court shall not require it, unless on the mo- tion of some one interested, or from its own knowledge it V . shall appear proper to require it. 5. The bond of an executor or administrator with the Formor bond. will annexed shall be, in substance, as follows: Whereas, 1, A. B., have been appointed and have quali- M.& B.65N. fied as executor, (or administrator with the will annexed,) of C. D. Now we, A. B., principal, and E. F. and G. H., his sureties, do hereby covenant to and with the common- wealth of Kentucky, that the said A. B. will well and truly administer, according to law, the goods, chattels, credits, and effects that may come to his hands, and the proceeds of any sale, and the rents and profits of any estate which may come to his hands, or any one for him, by color of his office, which the will empowers him to sell, and will make a just and true account of all his actings and doings there- in; and will further well and truly paay and deliver all the 831 EXECUTORS AND ADMINIRMATOR& legacies specified in said will, as far _as the goods, chat- tels, credits, and other effects will extend. And we further covenant that lie will make a proper distribution of any surplus effects to the persons entitled thereto. This day of 6. Which bond shall be subscribed by the executor, or How bondtob. administrator with the will annexed, and his sureties, ap- proved by the court, and attested by the clerk, and care- fully kept by the latter in his office. 7. A copy of the order, whereby a certificate is granted certif te or any personal representative for obtaining probate or letters ry. of administration, shall be as effectual as the probate or M. & B. 84. letters made out in due form. But the clerk of the court V. H.5n. making such order, shall, when required by any personal representative, make out such letters and probate in due form, and certify the same under the seal of his court. 8. Before an executor, or administrator with the will Indmn-ity b..df annexed, shall pay or deliver over a legacy, or distribute to be gi-c by ..gbee nd diy the part not devised, he may require an obligation, with good surety, from the legatee or distributee, to refund due M. R. M3. proportions of any debts or demands which may afterwards appear against the testator, and the costs attending the re- covery of the same. 9. The executors, or such of them as shall undertake Power of exec- the execution of the will, or if all, or more than one, un- etor. touch linda dertake and part die, or vacate the office, the residue or 1. & B..66. survivor may sell the land which the will directs or devises to the executor or to another person to be sold, or gives a discretionary power to sell, if no other person be thereby appointed for that purpose, or if the person so appointed shall refuse to perform the trust, or die before he shall have completed it. 10. The appointment of a debtor executor shall in no ebDt not etin- case be deemed an extinguishment of the debt, unless the pountmlentofdebt- will so direct. A.& B.665. 1. The executor of an executor shall have no author- ity, as such, to administer the estate of the first testator; e but on the death of the sole or surviving executor of any testitosr. last will, administration of the estate of the first testator, 31&B.s M 6. not already administered, may be granted, with the will annexed, to such person as would have been entitled to administration if the testator had died intestate. 12. If there be no executor appointed by the will, or Adilnlitrator if all the executors therein named die, or refuse the execu- with Will arobead . , , tor.ship, or fail to give bond as required by law, wvhich 32 EXECUORS AND ADMiISATORS. shall amount to such refusal, the court may grant admin- m. & R. 638. ietration with the will annexed, to the person who would V M. 341. have been entitled to administration if there had been no will. 13. An administrator with the will annexed shall pos- - B.sVl. sess and exercise all power and authority, and shall have the same rights and interest, and be responsible in like manner, as the executors therein named, or any of them. 14. If all the persons appointed executors are under Infant executos the age of twenty-one years at the time of recording the , R. will, or those who are of age refuse to qualify, or cannot give security, administration with the will annexed may be granted during such minority. But if a testator by his will so direct, then such infant executor may qualify and give bond as an adult. 4 15. When any personal representative shall commence Succor or a suit or action, or shall be sued, and shall die, be removed, rrei n. or superseded by another, before the termination of the suit or action, his successor may, by order of court, he sub- stituted in the place or stead of the original plaintiff or de- fendant, the opposite party being notified of such order. 16. If an unmarried woman, who is a personal repre- wt-n a f.Sn sentative either alone or jointly with another, shall marry, maes. her husband shall not be a personal representative in her right, but the marriage shall operate as an extinguishment M. it.44. of her authority, and the other personal representative, if there be any, may proceed in discharging the trust, as if she were dead. If there be no other, administration dec bo- nis non may be granted by the court. 17. If all the executors named in any last will shall re- wiben ier to fuse to qualify, or shall refuse or be unable to give securi- ty, and no person shall apply for administration with the m. & B.6;0. will annexed, or if no one who can give good surety shall V. R. M. apply for administration of the goods and chattels of any intestate, or if from any other cause there shall be no per- sonal representative of a deceased person, it shall be law- ful for the court having jurisdiction, after the expiration of three months from the death of such person, to order the sheriff of the county to take the estate of the decedent into -his possession, and administer the same. 5 18. The sheriff shall in such case, by virtue of his Hdsupowers! d office and the order of court, be the administrator, or ad- ministrator dc bonis non of the decedent, with his will an- nexed, if there be a will, and shall thenceforward have all the rights and powers, and shall he bound to perform all 333 3EXECUTOBB AND ADMINIBTN8. the duties of such administration. His powers, rights, du- ties, and liabilities shall not expire with bis office of sheriff. The court may, however, at any time afterwards, revoke such order, and allow any other person to qualify as exec- utor or administrator. 19. When any personal representative shall reside out A peraual TOP- of the state, or become insane, or shall, after his qualifica- he remowed. tion, become otherwise incapable to discharge his trust, M. R. M. the county court may, after citation, remove him; and his co-representative, if he has one, shall discharge the trust alone, as if the one removed were dead. 20. If there be no other representative to discharge the courtmnayappont trust, the court may appoint one who shall have the same power and rights and be liable to the same responsibility, as respects the estate unadministered, as the person re- moved. 21. During the contest about the probate of a will, or When a curator when the court, for any valid cause, shall be delayed in maYbe apjd.granting letters testamentary or administration, it may ap- M. & B.6W. point a curator to collect and preserve the estate of the decedent, until probate of the will be granted, or until the cause for which such order was made shall be removed. In such case the court shall take bond and good surety, from the person appointed, for the full and faithful per- formance of the trust confided to him. An appeal or writ of error from such order of court shall not suspend the powers of the curator. 6 22. It shall be the duty of the curator to collect and Hi. duties and safely keep the estate of the decedent, and to make, and Jowen. return to court within three months, a full and complete M. R. 4s. inventory of the same. It shall be his further duty to Ide- liver up the estate, when required, to the executor or ad- ministrator. lie may pay debts, commence and maintain a suit or action, and may be sued as such. He may sell such perishable and other goods as the county court may order to be sold, and shall be allowed a reasonable com- pensation for his services. 23. No suit or action shall be commenced against any suit. agsivt personal representative, until six months after he qualifies Mpaeri u e P "as such. If any be brought, the court shall dismiss the same with costs. This section shall not apply to executors NX. s - de son tort, nor suits to procure a settlement of insolvent estates. 334 EXECUTORS MID ADMINIRTRATORS. ARTICLE II. Appointment, duties, and responsibilities of Administrators. 1. When any person shall die intestate, that court Whatcoartmay shall have jurisdiction to grant administration on his estate, Ln. adminatra- that would have had jurisdiction to grant a certificate of . B. .J. the probate of his will, had he died testate. 4 2. No original administration shall be granted after No administra. the expiration of twenty years from the death of the tes- Yrnt t ents tator or intestate. If such grant be made it shall be void. M R 4 5 3. The court having jurisdiction shall grant adminis- bo entitled to tration to the relations of the deceased, who apply for the same, preferring first the husband or wife, and then such M.& 5.Si. others as are next entitled to distribution, or one or more of them, whom the court shall judge will best manage the estate. 4. If no such person apply for administration at the Whencreditor second county court from the death of an intestate, the n he ppiitd.4 court may grant administration to a creditor, or to any M. & HB.C. other person in the discretion of the court. If a will shall afterwards be produced and proved, the administration shall cease, and the court may proceed to grant a certifi- cate of the probate thereof, or, in the proper case, letters of administration with the will annexed. 5. An administrator, at the time of his appointment, Oath. shall take the following oath: You do swear that - M &.,B. L. died without any will, so far as you know or believe, and that you will faithfully perform and discharge the du- ties of administrator of said decedent, to the best of your judgment. So help you God. 0. When administration shall be taken in this state, Non. rident on the estate of any person who was an inhabitant of any decedent. other state or country, his personal estate found here, after M. ft. 4S. payment of his debts, shall be disposed of according to his last will, if he shall have executed any according to the law of his domicil. If there be no such will, his personal estate shall be distributed and disposed of according to the laws of the state or country of which he was an inhabi- tant. 7. Upon the settlement of such estate, after the pay- M. R.449. ment of the debts in this commonwealth, the residue of the personal estate, if any, may be distributed and disposed of in the manner stated in the next preceding section, or it may be transmitted as the county court may think best and order, to the personal representatives, if there be any, in 335 EXECUTORS AND ADMINISTRATORIL the state or country where the decedent had his domicil, to be there disposed of according to the law of the place. 8. If such person has died or shall die insolvent, his M. I.4. estate found in this commonwealth shall be disposed of among all his creditors here and elsewhere, by distributing the part going to the creditors resident in Kentucky, and by paying over to the personal representatives of the domi- cil of the decedent, under the order of court, the portion go- ing to the non-resident creditors. 9. Each administrator shall, at the time of his appoint- Bo.d. ment, give bond and sufficient surety, in substance, as fol- M. B.653. lows: Whereas, I, A. B., have been appointed by the county court of administrator of - deceased. Now we, A. B., administrator, and C. D. and E. F., his sureties, do hereby covenant to and with the commonwealth of Kentucky, that the said A. B. will well and truly adminis- ter the goods, chattels, credits, and effects of the said in- testate, according to law, and will further make a just and true account of all his actings and doings therein; and will well and truly make a proper distribution of any sur- plus money, effects, and rents which may come to his hands, or to any one for him, by color of his office, to the persons entitled thereto. If it shall hereafter appear that a last will and testament was made by the deceased, and the same be proved and recorded, we farther covenant that the said A. B. will in such case, surrender his letters of admin- istration, and that he will account with and pay and deliv- er over to the executor, or administrator with the will an- nexed, the assets in his hands unadministered. This - day of 10. Which bond shall be subscribed by the administra- tor and his sureties, approved by the court, and attested by the clerk, and safely kept in his office. I1. Before an administrator shall make distribution, Indemnity bo.d. each distributee shall, if required, give an obligation with by di b.tnce. good surety, to refund due proportions of any debts or de- mands which may afterwards appear against the intestate, and the costs attending the recovery of the same. 12. If the sureties in the bond of any personal repre- emedie in in- sentative shall be or become insufficient, the county court, on the motion of any one interested, or on its own knowl- 31.B. 450. edge of the fact, after notice to such representative, may require an additional bond and surety, on which, and the original bond, a joint action or suit may be maintained; 336 ECUTORS AND ADMMNTRATOR98. and upon a failure to give such additionaMbond and surety, the court may revoke the authority of such representative, and appoint another in his stead, taking proper bond and surety. 13. Where the surety of any personal representative shall notify his principal thereof, the county court may, on motion, if it shall be made appear that the principal is in doubtful circumstances, rule such principal to give coun- ter surety, or make such other order as shall be just and proper. 14. Where any letters of administration shall be revok- Ach GorPust ed, or where any executor or administrator shall be remov- - Inv-li ed, or the will under which he acted shall, by the competent authority, be declared invalid, all previous sales of person- . R.449- al estate, made lawfully by the executor or administrator, and with good faith on the part of the purchaser, and all other lawful acts done by such executor or administrator, shall remain valid and effectual. But pending a suit or procedure to set aside or reject the will, there shall be no power to sell the land or slaves of the deceased, except by or under a decree of court. 15. The court granting a certificate of probate or of Invento,. administration shall appoint three persons appraisers, in aprPu` each county where any estate to be managed by such rep- jL d. B.; resentative shall be, any two of whom may act, being first sworn faithfully to discharge the duty assigned to them, to the best of their judgment. It shall be their duty to view and appraise such estate as the personal representative shall exhibit to them, and subscribe and return such ap- praiseinent to the clerk's office of the court appointing them, within three months after such appointment. If the appraisers believe the whole personal estate has not been exhibited to them, they shall report the fact to the court. 16. The personal representative may sign the appraise- m. f.i6. ment, and it shall be thereby considered an inventory of the estate that had come to his hands. Ir. Each personal representative, whether it be neces- Prisbabl pro. sary for the payment of debts or not, shall, within a reason- able time after he is qualified, sell at public sale, on a rea- N. & .665. sonable credit, such goods of the decedent, (specific lega- cies excepted,) as are liable to perish, be consumed, or ren- dered worse by keeping, and shall take an obligation, with good surety, from the purchasers for the payment of the sale money. a37 3E UTORS AND ADMINISTRATOBR& 18. If more be sold than will pay the debts and expen- Wb---ezzold ses incident to the administration, the personal represen- Pt = =x! tative may assign the obligations for the surplus to the . God persons entitled to the estate, and be discharged as to so much. 19. If the perishable goods be not sufficient to pay the when-b souoz debts and expenses, the personal representative shall pro- not sulfitet to pay debts and ex- ceed to sell such of the other goods, disposing of the slaves H A last, until the debts and expenses be all paid, having regard to the privilege of specific legacies. 20. Unless it be necessary for the payment of debts, wbenedste y and the testator so direct, his estate need not be sold, but be preered inS isecle may be preserved in specie. 21. It shall be the duty of a personal representative of .a.ebnt"ned a decedent to return an inventory and sale bill of his es- turned. tate, the former within three months from the time of qual- N. d; B nest ifying as such, and the latter within sixty days after the sale, to the clerk's office of the court in which he qualified, which shall be recorded by the clerk; copies from the re- cord of the inventory or appraisement shall be prima facie evidence for and against such representative. 22. Appraisers shall be entitled to one dollar per day Pay of '4prds each, for their services, to be paid by the personal represen- IH. a a SS. tative out of the estate. 23. If any personal representative shall fail, for six County court to months, to return an inventory or sale bill, as herein requir- nforce return of ine.t..ry and ale ed, the clerk of the county court shall report the fact to the bill. court, and such representative shall be notified, and pro- ceedings taken, by fine or otherwise, at his cost, to compel him to make such return. 24. It shall be the duty of every personal representa- .Account to be tive to have his accounts settled, and such settlement, and the vouchers to sustain the same, returned to the county court within two years after he qualifies, and as often thereafter as the court may require; which settlement shall be recorded by the clerk, and the original and the vouch- ers accompanying the same shall be carefully kept by him in his office. 25. A personal representative, after the expiration of lntmreat on "ark two years from the time he qualifies as such, shall be pre- p.,.S i b..,dseo .dmlis.tratur. sumed to have used the surplus assets in his hands, and shall be charged with interest thereon from that period, un- less he proves that he did not use or make interest on such assets. an EXECUTORS AND ADMIMSTRATORS. 26. An estate held by a deceased person for the life of F- (es aor-ii. another, shall go to the personal representative of the de- V.R.543. ceased, and be assets in his hands, and be applied and dis- M. & B. 69. tributed as the personal estate. v 27. The slaves in possession of a person who shall die Estates or per. after the first day of March, whether held for life or other March brat. uncertain period, and which were employed in making a crop, shall be continued on the plantation in the occupation v: m.kit. of the decedent, until the last day of December following, and then delivered to those who shall have a right to de- mand the same, well clothed. If the slaves are held for the life of the decedent, his personal representative shall pay out of the estate, to the person entitled to the slaves in reversion or remainder, a reasonable hire for the same, from the death of the decedent until the end of that year. 28. All the emblements of the lands of a person who M.& B.OW. shall die after the first day of March, which shall be severed before the thirty-first day of December following, shall be assets in the hands of his personal representative. But all the emblements growing on the lands on the last nam- ed day. or at his death, if that shall happen after the thirty- first of December and before the first day of March, shall pass with the land to the heir, devisee, reversioner, or re- mainder man. 29. If the tenant for life of land or slaves let or hire M.& B.OW. the same to another for the year, and die after the first day V. 8. 53. of March, the lessee or person hiring shall hold the land or slaves until the last day of December following, but shall deliver the slaves well clothed, and shall pay a rea- sonable rent or hire from the death of the tenant for life. 30. When a person who has a freehold or other uncer- Ho rentorhir- tain interest in land, or the use for life or for other uncer- tain term in slaves, shall rent out the land or hire out the K.& B.o6n. slaves for the year, and die before the rent or hire shall become due, the rent of the land or hire of the slaves shall be apportioned between the personal representatives of the deceased and the person who shall succeed to the land or slaves as heir, personal representative, devisee, or per- son in reversion or remainder, unless in the case of a devi- see the will shall otherwise direct. 31. No personal representative shall be liable for more Per-ona repre than the amount of assets which have or may come to his """" ' hands to be administered, on account of having failed to plead. plead or make defense, or on account of any plea that he x. & B.672. may plead, but the judgment of the court shall only ren- 889 EXECUTORS AND ADMINISTRATORS. der him liable for the amount of assets in his hands unad- ministered. 32. It shall not be lawful for any county court to ac- Sureties for per- cept as surety, in any bond of a personal representative or repeets guardian, any master or other commissioner whose duty it A. 184",54 is to settle the accounts of such fiduciary, or any judge or clerk of a county court, or practicing attorney of such court. Nor shall any master or other commissioner be appointed an administrator. 33. If the personal estate of a decedent be not suffi- Imoive, nt etat cient to pay his liabilities, then the burial expenses of such decedent, and the costs and charges of the adminis- "1 24 1. tration of his estate, and the amount of the estate of a dead person, or of a ward, or of a person of unsound mind, committed by a court of record, and remaining in the hands of a decedent, shall be paid in full before any pro rala distribution shall be made; all other debts and liabili- ties shall be of equal dignity, and paid ratably in the ad- ministration of his estate; and should more than the rata- ble share of any debt he paid, his personal representative shall only receive credit for its proper proportion. 34. When such an estate is covered by bona fide liens, Proceeds to be giving a creditor a priority on such property, the proceeis 'IU J'Sb 'PP thereof shall be first applied to the discharge of such lien, and the residue shall be subject to a pro rata division among the other creditors. But when any creditor has a lien, and the property subject to the lien is not sufficient to discharge the debt, he shall not be entitled to any portion of the residue of the estate, until all the creditors not hav- ing liens shall have received a sum equal, pro rata, with such lien creditor. 35. All demands against the estate of a decedent shall How dean, be verified by the written affidavit of the claimant, or in to b. -"Ad. his absence from the state, by his agent, or if dead, by his A. 1848-9, 2i personal representative, stating that the demand is just, and has never, to his knowledge or belief, been paid, and that there is no just off-set or discount against the same, or any usury embraced therein. 36. If any part of the demand has been paid, or there A. 1848-9, 28 be any just off-set or discount against the same, or any usury embraced therein, the affidavit shall state the amount of the payment or usury, when the payment was made, and when the off-set or discount was due, to the best of the affiant's knowledge and belief. The verification as above shall not be held to dispense with other proof as hereto- 340 EXECUTORS AND ADMINISTRATORS. fore required by law. No recovery shall be had of any such demand until such affidavit be made and filed in court. 37. No demand against a decedent's estate shall be A. 1-9,28.- paid by his personal representative, or allowed as a credit by any commissioner or court, which is not verified by affi- davit as above required. 38. In a proceeding to coerce a claim against the es- Cl-imnt m.ybe in.errgted _o, tate of a decedent, his personal representative shall have &l to usury. the right to compel the attendance of the claimant, the original obligee, or intermediate assignors, and interrogate A. 188 928. any of them touching the usury embraced in the claim, a payment of all or a part thereof, or of the existence of an off-set or discount against the same. 39. No personal representative shall pay or be ad- u-ry.&ctob. judged to pay any more of any demand against the de- cedent's estate, than what remains due of the same after A. 18-9.2. the usury embraced therein, and the payments made there- on, and the off-sets and discounts against the same, are de- ducted. 40. When a personal representative shall pay to a tionpi P creditor an undue proportion of his demands, or to a dis- tuk.mayberwco. -rd. tributee or devisee a part or all of his share or legacy, un- der a mistake as to the solvency of the estate, or otherwise, A. 14544 such personal representative may recover from the credit- or, distributee, or devisee, the amount of the over-payment with interest thereon. 241 342 CHAPTER XXXVII. FEES. ART. 1. Auditor of Public 4ccounts and Attorneys. ART. 2. Register of the Land Office. ART. 3. Survevors, Chain Carriers, and Markers. ART. 4. Clerk of the Court of Appeals. ART. S. Clerks of Circuit Courts. ART. 6. Clerks of County Courts. ART. 7. Sheriffs. ART. 8. Constables. ART. 9. Coroners and Elisors. ART. 10. Jailers. ART. 11. Justices of the Peace. ART. 12. Arbitrators. ART. 13. Notaries Public. ART. 14. Viewers of Roads, Appraisers of Estates, and Pro- cessioners. ART. 15. Witnesses and Commissioners. ART. 16. How fee bills to be made out. ART. 17. When fees due and when distrainable. ART. 18. Illegal fee bills and charges. ARTICLE 1. 1 I. The fees of officers and others performing public du- M. & B.679. ties shall be as follows: Auditor of Public Accounts and Attorneys. 2. For a certificate that land forfeited or sold for fail- ing to list or pay taxes has been redeemed, fifty cents. 3. The clerks of the several courts shall tax and allow as costs an attorney's fee to the successful party, as fol- lows: 1. In the court of appeals, in equity cases, ten dollars. In common law cases, where the title or boundary of land is directly or indirectly drawnin question, ten dollars. In all other common law actions, five dollars. 2. In the circuit courts, in all cases, in law or equity, in which the title or boundary of land is drawn in question, directly or indirectly, ten dollars. In other equity cases, five dollars. In other common law cases, two dollars and fifty cents. 3. In all cases in the county courts, two dollars and fifty cents. FEES. ARTICLE U. Register of the Land Office. 1. Entering a caveat, or for a copy thereof, twenty- isB.67". five cents. ARTICLE 111. Surveyors, Chain Carriers, and M1arkcrs. 1. For every original survey, and a plat of such sur- M- &.679,403. vey, a surveyor shall have a fee of three dollars. Surveying a town lot, fifty cents. Running a dividing line, two dollars. Surveying land for a mill seat, two dollars. For every survey of patented land and making a plat thereof, two dollars. And for every hundred acres above four hundred in the patent, fifty cents. For each additional tract, one dollar. For each plat and connection, one dollar. For running a dividing line between two counties, to be paid by the new county, twelve dollars. Receiving and receipting for a land warrant, twenty cents. Making an entry for land, or for a copy, twenty cents. Copy of a certificate of survey and plat, twenty-five cents. For every three poles of a survey actually run under an order of court, one cent. For every plat from notes taken on the ground or fur- nished by the parties, and calculating the contents, with a certificate attached thereto, one dollar. For each additional plat laid down by him from field notes, or from official documents, with notes of reference, ten cents. For each copy of such connected plat, fifty cents. Processioning land, per day, two dollars. For each connected platthereof, twenty-five cents. For each day's attendance on the viewers of a public road, two dollars. A connected plat thereof, twenty-five cents. 2. Like fees shall be allowed a surveyor for services rendered on other occasions as are above specified. 1. Surveyors shall state their fees at length on the back of each connected plat made under an order of court, or 343 FEM 344 in his attendance on processioners or viewers of roads, and on other occasions. 2. If it appears that the surveyor has charged more than is allowed by law, the court shall, by an order, reduce the same at the costs of the surveyor. 3. Chain carriers and markers shall be allowed fifty cents per day for each day they shall respectively be em- ployed in carrying the chain, or in marking lines. Their services and fees shall be reported by the surveyor. ARTICLE IV. Clerk of the Court of Appeals. Y. & 69_ 1. Preparing a supersedeas bond, forty cents. For copying the opinion of the court, for every twenty words, one and a half cents. Filing a record upon a writ of error or an appeal, twen- ty cents. Copy of such record, for every twenty words, one and a half cents. Taxing the costs in any case, for either party, twenty cents. A copy thereof, ten cents. For examining any person, and giving him a certificate of qualification for the office of clerk, four dollars. Filing errors, or for a copy thereof, ten cents. Issuing a summons or certiorari, and entering the return, twenty-five cents. A copy of any bond in his office, twenty cents. Copy of any paper or record for which no specific fee is allowed, for every twenty words, one and a half cents. Copy of a caveat separate from a complete record, twen- ty-five cents. Issuing a writ of mandamus, twenty-five cents. Recording the return thereof, twenty-five cents. 2. The clerk of the court of appeals, for all services not specified, shall receive the same compensation allowed by law to the clerks of the circuit courts for like services. ARTICLE V. Clerks of Circuit Courts. 1. The clerks of the circuit courts, and of the county M.&C.. courts, (so far as the same will apply,) shall receive the following fees for the services performed by them: For each writ not hereinafter particularly specified with the indorsement thereon, tsvenit-live cents. 345 FEES. For a copy thereof, ten cents. Entering the sheriff's return, ten cents. Docketing a cause, to be charged but once in a suit, ten cents. Entering the appearance of each party or attorney, to be charged but once in a cause, ten cents. For filing each pleading of either party, and noting the same on the order book, ten cents. Every order of court in the progress of a cause, count- ing the whole entry one order, and not including any en- try for which a fee is specially allowed, twenty-five cents. For a copy thereof, ten cents. For each trial or writ of inquiry, including the swearing of the jury or witnesses, and recording the verdict and en- tering j udgment, seventy-five cents. Entering a judgment where there is no jury, including all services incident thereto, twenty-five cents. Giving a copy of a judgment, ten cents. Taxing the costs in a suit for the successful party, to be only charged once in the same suit at the same term, ten cents. A copy thereof, ten cents. An execution of any kind, with all indorsements and or- ders thereon, and return, to be charged when the execution issues, fifty cents. For a copy of an execution and return, twenty cents. Recording an award, for every twenty words, one and a half cents. For an order making an allowance to a witness, commis- sioner, or other person, only one charge for all who are al- lowed in the cause on the same side, at the same term, fif- teen cents. A copy thereof, ten cents. For issuing an attachment, fifteen cents. Injunction, appeal, supersedeas, attachment, or other bond, thirty cents. For a copy of the same, fifteen cents. Certiorari, and return, forty cents. Subpa-na duccs tecum, twenty cents. Subparna for a witness or witnesses, twenty cents. Filing an appeal, ten cents. Entering satisfaction of a judgment, or a release or dis- charge of any part thereof, fifteen cents. Administering an oath in court, not relating to the trial of a cause therein, and certifying the same, fifteen cents. 44 FEMs Filing an attachment granted by a justice of the peace, ten cenkt. Issuing a summons against a garnishee, or issuing an attachment, fifteen cents. Administering an oath to a garnishee, ten cents. Recording the confession of a garnishee, fifteen cents. Issuing an order for an injunction, ten cents. Making a warning order, or order of survey, twenty-five cents. Copy of a surveyor's report, for every twenty words, two cents. For copying plat, twenty-five cents. An order to take depositions, fifteen cents. A copy thereof, ten cents. Filing the papers in any cause for each party-exclu- sive of the process and pleadings, or depositions or papers referred to in the pleadings--to be charged but once in a cause toeach party, twenty cents. Affixing his seal of office, and the certificate accompa- nying the same, except in cares exempt from charge, fifty cents. Foreach official certificate, except such as are attached to copies of papers or records, or indorsements of papers filed in the office, twenty cents. Filing the depositions, if any, of each party, fifteen cents. Entering a decree, for every twenty swords, one and a half cents. For iseuing a writ of lunacy and return, fifty cents. Copy of a record, for every twenty words, one and a half cents. Of any other paper, not specified, the same. Copying a deed and certificates, seventy-five cents. If more than one tract is embraced, then for each addi- tional tract, ten cents. For taking a recognizance (replevin,) and to be taxed in the recognizance, fifty cents. For taking any other bond, thirty cents. For a copy of any bond, fifteen cents. Taking a recognizance in a penal or criminal case, to be taxed if costs are recovered, twenty-five cents. 3J46 ARTICLE VI. L7eks of County Courts. 1. For recording a plat and certificate of survey, twen- N. Bu. ty-five cents. Recording a deed conveying land, taking the acknowl- edgment or proof thereof, and certifying the same, and re- cording his own certificate, one dollar. Recording each certificate of other officers, twenty-five cents. For each additional tract embraced in such deed, except town lots, twenty cents. For a copy of a deed and the certificate thereon, seven- ty-five cents.- For making out and transmitting the memorial of a deed, ten cents. Recording a conveyance of slaves or personal estate, taking the proof or acknowledgment thereof, and record- ing the orders and certificates, including the whole ser- vice, seventy-five cents. A copy thereof, thirty cents. For the probate of a will and certificate, including all services relating thereto, thirty cents. Recording a will, inventory, sale bill, settlement with personal representatives or guardians, or for copies there- of, for every twenty words, two cents. An order granting administration, appointing a guardi- an, curator, or committee of a lunatic or idiot, or for ap- praising an estate, fifteen cents. Taking bond from a personal representative, guardian, or committee, forty cents. A copy of an order in such case, ten cents. A certificate of administration and copy, twenty-five cents. Tavern license and bond, fifty cents. Copy of tavern rates, twenty-five cents. License to vend spirituous liquors, &c., fifty cents. Marriage license and bond, and for recording certifi- cate of marriage, one dollar and twenty-five cents. An order to bind out an apprentice, twenty cents. Writing the indentures, and recording the same, one dollar. Filing an appeal from a justice of the peace, and dock- eting the same, to be charged hut once, twenty-five cents. Taking an appeal bond, twenty-five cents. Issuing a writ of ad quod damnum, fifty cents. ;47 FEES. Recording the report thereon, for every twenty words, two cents. Making a record for the establishment of a town, re- cording the plan thereof, and all other services, four dol- lars. Orders establishing a ferry, fifty cents. Taking a bond from the owner of a ferry, or in any oth- er case where no fee is fixed by law, fifty cents. A copy of any bond, twenty-five cents. ARTICLE Vri. Sherifs. 1. For executing and returning a process against the M.h B.UO. defendant, fifty cents. Serving an order of court and return, twenty-five cents. Summoning a witness, twenty cents. Summoning an appraiser or reviewer, twenty cents. For each day's attendance in the county on a jury, or attending on a surveyor, when ordered by the court, one dollar. Whipping a free person, to be paid by the person whip- ped, forty cents. Taking bond in a special action, forty cents. For serving aferi facias or distress warrant, if the debt be paid, or the property sold, or a delivery bond is taken, and not complied with, the sheriff shall be entitled to five per cent. on the first three hundred dollars, and two per cent. on the residue. 1. When he shall levy an execution or a distress war- rant, and the defendant replevies the debt, or the writ is stayed by injunction, appeal, or writ of error, or other le- gal proceedings, or by order of the plaintiff, the officer shall have half the above commissions, to be charged to the plaintiff, and shall be collected as costs in the case. 2. For taking a replevin, or forthcoming, or indemnify- ing bond, or any other bond required by law, forty cents. For taking a recognizance, twenty-five cents. For levying an attachment, fifty cents; and reasonable charges for removing and taking care of attached proper- ty, to be allowed by the court. Summoning a garnishee, twenty-five cents. Serving a writ of distringas, fifty cents. Summoning the jury under the rioting act, attending the trial, and conducting the offender to jail, to be paid by the defendant, one dollar and fifty cents. a48 FEERS. Serving the process in such case, twenty-live cents. Summoning a witness, twenty cents. In collecting the county levy or revenue tax, the sheriff shall receive for levying on and selling any property, on all sums under a dollar, twenty-five cents. 3. For all s