Entered according to the Act of Congress, in the year 1864, BY JAMES P. METCALFE, In the office of the Clerk of the District Court of the United States for the District of Kentucky, in the Eighth Circuit. JUDGES OF THE CIRCUIT COURTS IN KENTUCKY, IN COMMISSION AT THE PUBLICATION OF THIS VOLUME. 1st District-Hon. CHARLES S. MARSHALL. 2d District-Hon. R. T. PETREE. 3d District-Hon. JAMES STUART. 4th District-Hon. ASHER W. GRAHAM. 5th District-Hon. JOHN E. NEWMAN. 6th District-Hon. F. T. FOX. 7th District--Hon. P. B. MUIR. 8th District-Hon. GEORGE C. DRANE. 9th District-Hon. JOSEPH DONIPHAN. 10th District-Hon. L. W. ANDREWS. 11th District-Hon. RICHARD APPERSON. 12th District-Hon. GRANVILLE PEARL. 13th District-Hon. W. C. GOODLOE. 14th District-Hon. W. P. FOWLER. 15th District-Hon. T. T. ALEXANDER. 4th District Equity and Criminal Court-Hon. JOHN W. RITTER, Chancellor. Louisville Chancery Court-Hon. HENRY PIRTLE, Chancellor. JUDGES AND OFFICERS OF THE COURT OF APPEALS. The term of Chief Justice STITES expired at the August election, 1862, when Hon. R. K. WILLIAMS was elected to fill the vacancy. The Court, since that period, has been composed of the following members : HON. ALVIN DUVALL, CHIEF JUSTICE. PRINCIPAL OFFICERS OF THE STATE OF KENTUCKY, THOS. E. BRAMLETTE, GOVERNOR. E. L. VANWINKLE, SECRETARY OF STATE. W. T. SAMUELS, AUDITOR oa PUBLIC ACCOUNTS. JAMES H. GARRARD, TREASURER. JAMES A. DAWSON, REGISTER OF THE LATE OFFICE. DANIEL STEVENSON, SUPERINTEND': PUBLIC INSTRUCTI N. DEDICATION. In completing this volume, the Reporter recurs with pride and pleasure to the fact that the Court of Appeals of Kentucky has always been renowned for the eminence of its jurists, and for its sound and able expositions of the law and the constitution. Its contributions to the jurisprudence of the country are contained in many volumes of reported cases, besides a multitude of manuscript opinions. The people of the State have ever been accustomed to regard an independent and enlightened judiciary as a chief bulwark of constitutional liberty. Their traditional policy rendered historic the earlier struggles and triumphs of the Court of Appeals in the maintenance of this vital principle. May we preserve for ourselves, and for coming generations, the priceless heritage. To the members of the Court now in office the Reporter respectfully inscribes the present volume-made up from their labors as a testimonial of their ability, their fidelity to principle, and their patient industry and research, so fully illustra ted in its pages. RULES ADOPTED OCTOBER 9, 1863. It is ordered that the following rules of practice in this court shall be observed during and after its next term: 1. During the term at which a case is decided, a petition for a re-hearing may be filled within fifteen juridicial days, not including days of recess, from the time of the decision, and not afterward; and, during such term, the decision shall become final, and the mandate shall issue, after the expiration of that period and not before, unless in delay case, or cases involving no difficult question of law or fact, the court shall otherwise specially direct. 2. Where a case is decided within fifteen juridical days, not including days of recess, before the expiration of the term, a petition for a re-hearing, with an endorsement thereon by one of the appellate judges ordering it to be filed, and that the decision or mandate therein mentioned shall be suspended until the tenth day of the next term, may be filed within fifteen days after the adjournment of the court, and not afterward, nor otherwise. If a petition shall be thus endorsed and filed the mandate shall be suspended till the tenth day of the next term; otherwise the decision shall become final, and the mandate shall issue, after the expiration of fifteen days succeeding the adjournment of the court, and not before. |