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lying in the county of Green, on Green river, on a military warrant, No. 939, entered the 8th of April, 1785, as per plat and certificate of survey, dated November 30, 1797 ; and the said James Barnett entered the same with the commissioner of the reve. nue annually, from the year 1802 up to the present year, under impressions, that nothing remained to be done to procure the patent; but has lately discovered that the plat and certificate of survey had not been returned to the register's office within the time prescribed by law, and that the register of the land office refuses to receive and register the same: For remedy whereof,
Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the register of the land office be, and he is hereby required to receive into his office, and register the plat and certificate of survey above described, (the see thereon being first paid) and issue a patent thereon according to law Provided, however, That nothing in this act shall be so construed to affect the right or title of any person having a prior or better elaim to said land, or any part thereof.
. AN ACT to amend the several acts, authorizing the
change of venue in civil cases.
APPROVED, February 3, 1815.
SEC. 1. Be it enacted by the General Assembly of
Change of renue the Commonwealth of Kentucky, That all suits cog- may lie had. nizable in any of the circuit courts of this commonwealth, where either of the parties shall conceive that he, she or they will not receive a fair triad in the court where such suit is depending, owing to the interest or prejudice of any judge or judges of the said court, or the judges will not sit, or to the interest or prejudice of the clerk, sheriff or coroner, where the sheriff or coroner is a party, or to the undue influence of his, her or their adversary or adversaries, or to the odium which attends the said
The causrs for party, or that bis, ker or their cause of action or de. er bare en el may fence, though legal, is odious, it shall be lawful for
the party so suspecting he, she or they, will not receive justice in the court then sustaining the said suit, owing to the said causes, or any of them, at a.
ny time to petition a circuit judge, or the two assistParty to prefer ant judges of the circuit courts of this commonpetition for a wealth : Provided, the cause of application shall not of venue.
apply to either the circuit judge or assistant judges of said circuit--in that case the application shall be made to that one of the other circuit judges who may reside nearest the court wherein such suit is depending, for a change of venue for the said
cause : which petition shall distinctly set forth the Proceedings thereon.
cause or causes why such fear is sustained, and be supported by the affidavit of the petitioner or petitioners. And it shall and may be lawful for said judge or judges, on the receipt of said petition, supported by the affidavit aforesaid under his or their hand, to award a change of venue, and order the clerk of the court before whom the suit is then de.
pending, to send forward the papers in the said Duty of eleck, et suit by some meet person employed by the
said clerk) to such court having jurisdiction in similar cases, as the said judge or judges may direct; and the clerk of such court shall
receive the said papers, giving a receipt therePower of the for, and docket the said suit in order, with other court which causes; and the court to which the said papers are is
sent, shall be, and they are hereby vested with full power, authority and jurisdiction, to award subpoenas for witnesses, to enforce their attendance, to grant commissions' for taking depositions, to hear and determine the said controversy, to award execution; and to do all other matters and things relative thereto, which the said court from which the said cause was removed might, or could legally have done.
Sec. 2. Be it further enacted, That the expences Expanses of re attending the removal, shall be paid by the party moval-how puid
praying the same : and the person who shall be entrusted to convey said papers to the clerk of the circuit court to which they shall be sent, shall and may receive the sum of tiye cents for each mile
h» must necessarily travel in going to, and returns ing from said clerk's office ; which sum shall be paid into the hands of the clerk of the court where said suit originated, bef-re the papers shall be delivered out of his office-and if any party to any suit Partygiving no pending as aforesaid, shall notify the adverse party comply, to pay of an application to be made by him for a change of the content venue, and shall fail to apply for, to obtain, or to use the same, it shall and may be lawful for the circuit court in whicli such suit is pending, at their term next succeeding the receipt of such notice, upon the motion of the person so notified as aforesaid, How recovered to enter up a judgment in favor of the person requiring, and against the person giving such notice, and failing as aforesaid, for å sum at the rate of three eents per mile, for the distance which the plaintiff in such motion may have travelled to attend said application.
SEC. 3. Be it further enacted, That all applications for orders to change the venue in suits depending in to whom ap the circuit courts of this commonwealth, shals be moval to be made madó to the circuit judge, or two assistant judges, of the court where the suit or suits are depending, unless the cause of the removal shall be personally applicable to said circuit judge or assistant judges; in such case application for such change of venue, shall be made to that one of the other circuit judges whose residence shall be ncarest to the place at which the circuit in whieh such suit shall be pending is held : and in all cases where a change of venue is granted under the provisions of this act, it shall be the duty of the judge or judges granting such change of venue, to remove the same to some adjoining county, to which the causes of such removal do not apply, nor neither of the parties litigant reside.
Sec. 4. Be it further enacted, That any circuit judge, or asssistant judges, granting an order for a
Judge granting change of venue, shall preserve a duplicate of such a duplicate of his order; which, upon the request of the adverse party in the said suit, shall be delivered to him by the judge or judges awarding the same: and upon the failure of the party obtaining such order, to file the Party obtaining saise with the clerk of the circuit in which such suit does nut remove
a rernoval to keep
A wish for a
suit, adverse per- is pending, within ten days from the date thereof, in mag upon cers and to comply with the other legal requisitions for
the removal of the suit, it shall and may be lawful for the adverse party, having obtained the duplicate order as aforesaid, to file the same; and by the payment of the costs which have been incurred, to procure the removal of such suit in the same manner,
and with the same legal effect, as the applicant for Asuit cannot such order might, or could have done. And there be
shall be not moro than one removal of the same cause.
SEC. 5. Be it further enacted, That the clerk of Clerk answer
court before whom the suit originated, shall be anable for the fidel- swerable for the fidelity of the person whom he may ity of the person
with employ to convey said papers from his office to the the papers to be
office of the clerk of the court to which they shall be sent; but shall not be answerable for accidents not arising from neglect.
SEC. 6. Be it further enacted, That a wish for a change of venue change of venue, shall be a good ground for the continuance, up: continuance of a cause, if the application is made on the party pers at the term to which the process is returned execuconditions. ted; and if the party shall file an affidavit, stating
that he, she or they, do verily believe they cannot have a fair trial in said court, owing to some of the causes before enumerated, accompanied with a petition for a change of venue: Provided, always, that reasonable notice to the adverse party, of the intended application, is all that shall be required.'
SEC. 7. Be it further enacted, That the venue in No change of
eranted no case shall be changed, unless the party who. unless the order prays the same, shall deposit the order of the judge filed Ter30 days removing the same, together with the petition and before the court affidayit aforesaid, with the clerk having the custosuit is sent for dy of the papers, at least thirty days before the
court to which such suit shall be set for trial; and the said order, petition and affidavit, shall be carefully preserved by the clerk. Provided, however, that it shall be the duty of the clerk of the court in which the suit so ordered to be removed is pending, at the time of such removal, to transmit, together with a transcript of the record and proceedings in the cause, a certified copy of the petition, affidavit and judge's order of removal, to the office of the
eourt to which the said removal is made; which shall be filed, and remain in such ofiice, as a part of the record in the suit.
Sec. 8. Be it further enacted, 'That no change of given of the apvenue shall be granted, until the party applying for police dinge for such change, shall produce to the judge, to whom nue. such application shall be made, sufficient proof that the opposite party, has had reasonable notice, in writing, of the time and place such application is intended to be made; or in case of his absence out of the county, to his, her, or their agent or attorney and to wkonu. in fact, or attorney at law; which notice shall be certificd by the judge granting such change, to the clerk where the suit was commenced.
SEC. 9. Be it further enacted, That if any person Penalty for or persons making oath to the truth of the allega- taking a false tions in his, her, or their petition contained for a ion for a change change of venue, shall take a false oath, and be thereof convicted, he, she, or they shall be adjudged guilty of perjury, and suffer the pains and penalties thereof: Provided, That the prosecution of such offence be commenced within twelve months after such offence is committed : Anl provi, ded, also, That no sheriff, justice or coroner, charged as aforesaid, or adversary in the said cause, shall be admittted as a witness against the defendant in such prosecution.
Sec. 10. Be it further enacted, That it shall and Parties by con may be lawful for the parties to any suit, by them- gewunnay vô n01$ selves, attornies or agents, by consent, to have an order made for the removal of said suit, to any 0ther court holding like pleas: and the said court to which such removal shall be ordered, shall thereupon hold all the jurisdiction over said suit which the former court held previous to said removal.
Suc. 11. Be it further enacted, That no cause which has been heretofore removed under the pre- former law, may sent existing law, shall be again removed under this gainlaw.
Sec. 12. Be it further enacted, That if any order for a change of venue, shall not be filed by the par- removal is we ty obtaining the same, with the necessary expenses, before the next term of the court where tho suit is depending, as directed by this act, such order as to
No cause moved under the
If the order of
filed to be voi