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 revenue 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,

J

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 fee 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.

CHAP. CCXXXII.

AN ACT to amend the several acts, authorizing the change of venue in civil cases.

APPROVED, February 3, 1815.

Change of venue

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That all suits cog- may he 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 trial 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 causes for party, or that his, her or their cause of action or deWhich suit may fence, though legal, is odious, it shall be lawful for

De removed.

change of venue.

Proceedings

thereon.

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 any 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 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 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 depending, to send forward the papers in the said Duty of clerk, 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 causes; and the court to which the said papers are 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.

court to which noval is made.

SEC. 2. Be it further enacted, That the expences Expanses of re attending the removal, shall be paid by the party moval-how paidpraying 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 five cents for each mile

1

Party giving no comply, to pay

tice and failing te

the Costs

he 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, before the papers shall be delivered out of his office and if any party to any suit pending as aforesaid, shall notify the adverse party of an application to be made by him for a change of 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 which 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 a sum at the rate of three cents per mile, for the distance which the plaintiff in such motion may have travelled to attend said application.

and amount.

To whom ap plication for re

SEC. 3. Be it further enacted, That all applications for orders to change the venue in suits depending in the circuit courts of this commonwealth, shall be moval to be made madd 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 nearest 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.

Judge granting a removal to keep

order.

Sec. 4. Be it further enacted, That any circuit judge, or asssistant judges, granting an order for a 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 same with the clerk of the circuit in which such suit

N

Party obtaining

order for change, does not remove

suit, adverse par- is pending, within ten days from the date thereof, ty may upon cer- and to comply with the other legal requisitions for

tain terms.

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 A suit cannot such order might, or could have done. And there shall be not more than one removal of the same

be removed but

onee.

Clerk answer

able for the fidelity of the person entrusted with

the papers to be removed.

A wish for a change of venue good ground for continuance, up

on the party per forming certain Conditions.

Proviso.

No change of

venue

for removal is

at which such

trial.

cause.

SEC. 5. Be it further enacted, That the clerk of court before whom the suit originated, shall be answerable for the fidelity of the person whom he may employ to convey said papers from his office to the 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, shall be a good ground for the continuance of a cause, if the application is made at the term to which the process is returned executed; 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 granted no case shall be changed, unless the party who unless the order prays the same, shall deposit the order of the judge filed 30 days removing the same, together with the petition and before the court affidavit 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

Proviso.

court to which the said removal is made; which shall be filed, and remain in such office, as a part of the record in the suit.

Notice to he

a change of ve

SEC. 8. Be it further enacted, That no change of given of the ap venue shall be granted, until the party applying for plication for a such change, shall produce to the judge, to whom nus. 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 whom. in fact, or attorney at law; which notice shall be certified by the judge granting such change, to the clerk where the suit was commenced.

SEC. 9. Be it further enacted, That if any person or persons making oath to the truth of the allegations in his, her, or their petition contained for a 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: And provided, 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.

Penalty for

false

takin to any peti ion for a change

of venus.

Previse.

Parties by con

Sec. 10. Be it further enacted, That it shall and may be lawful for the parties to any suit, by them-sent may remove selves, attornies or agents, by consent, to have an order made for the removal of said suit, to any other 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.

SEC. 11. Be it further enacted, That no cause which has been heretofore removed under the present existing law, shall be again removed under this law.

7

18

No cause moved under the

former law, may

be removed a

gain

If the order of

filed to be void.

SEC. 12. Be it further enacted, That if any order for a change of venue, shall not be filed by the par- removal is not ty obtaining the same, with the necessary expenses, before the next term of the court where the suit is depending, as directed by this act, such order as to