lations ion, that the offence charged in said indictment, is not bailable, or if sufficient bail cannot be procured by the said Biggs, if the court last mentioned should be opinion, that such offence is bailable, then the said court last mentioned, shall direct the sheriff of the said county of Montgomery, and it shall be his duty, with all convenient dispatch, to remove the said Andrew Biggs, to the jail of the county of Harrison; and the jailor thereof, or the sheriff of said county of Har- Further regu rison, if there is no jailor, shall receive said Biggs, and imprison him in the jail of said county last mentioned; and there detain him until discharged from thence by due course of law. And thereupon, or in the event of said Biggs being recognized to attend the Harrison circuit court as aforesaid, the said circuit court of Harrison county aforesaid, shall have complete, exclusive and final jurisdiction in the trial of said Biggs; and in all matters necessarily incidental thereto, and connected therewith, in the same manner as if the said Biggs had been indicted in the said Harrison circuit court, and had been originally liable to have been proceeded against therein, by reason of the said crime alledged against him; and it shall be the duty of the Montgomery circuit court, to transmit to the clerk of the Harrison circuit court, by the sheriff of Montgomery county, the indictment found against the said Biggs, and copies of all entries made on the records of such court last mentioned, touching or concerning the premises. And the said sheriff of Montgomery, before he removes the said Biggs, shall apply to and obtain, from the clerk of the said Montgomery court, the papers aforesaid and the court last mentioned shall, if the said Biggs is not bailed as aforesaid, issue a warrant directed to the jailor, if there is such an officer in the said county, and if not, to the sheriff of the said county of Harrison, to receive the said Biggs, and detain him in the prison of the said county of Harrison, until discharged from thence by due course of law, In which warrant shall be recited, the charge prefered against the said Biggs, and that he is sent to the said jail by virtue of this act : and th said cir- pensation how cuit court of Montgomery, shall assess the amount of assessed Sheriff's com compensation which the sheriff of said county of Montgomery shall receive for his services, in the removal of the said Biggs; which shall be paid out of the treasury in the usual mode, upon his producing to the auditor, the receipt of the sheriff or jailor (as the case may be) of Harrison county, that the body of the said Biggs is in his custody: Witnesses allowance. CHAP. CCLXIII. AN ACT Concerning Witnesses in certain cases; and Venires Men. APPROVED, Jan. 29th, 1811. BE it enacted by the general assembly of the com monwealth of Kentucky, That every witness summoned to appear at any court, or to attend commissioners, referees, or upon any survey of land, shall be paid by the person or persons at whose suit the summons issued, fifty cents for every days attendance upon such summons. Sec. 2. Be it further enacted, That where the venire, or any of them, in the trial of any criminal Allowance to cause, in the circuit or courty courts, may be challenged, and by-standers summoned and sworn in their stead, they shall be entitled to the same pay, as is at present allowed to the venire in similar cases. venire men. Allowance to Sec. 3. And in all cases where any of the officers officers of go. of government by subpoena duces tecum, are required vernment at to attend with the records of their office or offices, betending under fore any court, commissioners, or referees, shall be subpœna. entitled from the person at whose instance such subpœna issued, one dollar per day, for each day's attendance, to be taxed in the bill of costs, as now directed by law. Allowances to have the force offee bills. SEC. 4. And be it further enacted, That the clerk's certificate for all allowances to witnesses, shall have the same force as officers' fee bills now have; and be collected by the sheriffs and constables, and ac counted for in the same manner, to the persons entitled thereto. CHAP. CCLXIV. AN ACT Giving the justices of the Knox, Boone, Estill and Glay county courts, further time to appropriate their donation lands." APPROVED, January 29, 1811. Bof the commonwealth E it enacted by the general assembly Six months. of the commonwealth of Kentucky, That Restriction as to placé Proviso: the justices of the county courts of Knox, Boone, Estill and Clay, shall have the farther time of six months, from the passage of this act, to procure to be located, surveyed and patented, so much of their donation lands, in addition to the quantity already as to quantity located, as will make in the whole six thousand acres, on any vacant land in this commonwealth, except the lands to which the Indian title is extinguished by the treaty of Tellico, and the lands lying west of the dividing ridge, between the waters of Cumberland and Tennessee rivers: Provided however, that the justices of the county courts aforesaid, shall be regulated by the laws now in force, granting donation lands to other counties in this commonwealth; Provided however, that in locating the same, they shall not interfere with any actual settler, with two hundred acres around him, to be laid off as near a square as the adjoining claims will admit: Provided, that nothing in this act, nor in any other act contained, shall be so construed, as to authorise the locating and surveying more than 'six thousand acres of land, for any one seminary within this commonwealth. And the register of the Proviso. Proviso. Proviso. land office is hereby prohibited, from issuing grants to, or for the benefit of any one seminary, for more than six thousand acres as aforesaid: Provided also, that nothing in this act contained, shall be construed to prevent any entry or survey, hereby permitted to be made, to interfere with any entry, survey, or patent, made under any of the laws of Virginia, or of this state. CHAP. CCLXV. Washington circuit court. Last six days how appropri ated Proviso - AN ACT To alter the time of holding the Lewis Circuit Courts, and to extend the Novem ber term of the Washing ton circuit court. E 1. BE Sec. 1. APPROVED, JAN. 29, 1811. it enacted by the general assembly of the commonwealth of Kentucky, That the circuit court, holden for the circuit of Washington, shall, at the November term of said court, be holden and continue twelve juridical days, if the business in said court may require the same. Sec. 2. Be it further enacted, That the last six days of said term, shall be exclusively appropriated to the trial of chancery causes: Nevertheless, it is provided, that nothing contained in this section, shall be so construed, as to prevent the court from trying chancery causes on the first six days of said term, if the court shall choose so to do. Time of hold Sec. 3. Be it further enacted, That the circuit court ing the Lewis for the county of Lewis, shall be held on the third circuit court Mondays in June and September, instead of the fourth Mondays in July and October.-And the county courts when holden county courts for said county shall, after the first day of March next, be held on the same Mondays, in every month, in which circuits courts are respectively directed to be held, except the months in which the circuit courts are holden. CHAP. CCLXVI. AN ACT To alter the time of holding the Hardin, Bullitt and Nelson Circuit Courts. APPROVED JANUARY 29, 1811. E it enacted by the General Assembly, Hardin circuit Sec. 1.B of the Commonwealth of Kentucky, That court when to hereafter the fall term of the circuit court for the be holden county of Hardin, shall commence and be holden on } the first Monday in September; and continue twelve juridical days, if the business may require it. court when to be holden SEC. 2. Be it further enacted, That the fall term of Bullitt circuit the Bullitt circuit court, shall hereafter commence on the third Monday in September in every year; and continue to sit twelve juridical days, if the business require it. The county courts for the said county, County courts shall be holden on the first Monday in every month, when to be except the months in which the circuit courts for said county are holden. holden SEC. 3. Be it further enacted, That the fall term Nelson circuit of the circuit court for the county of Nelson, shall court when to commence and be holden, on the first Monday in Oc- be holden tober; and continue to sit twenty-four juridical days if the business in said court shall require it. SEC. 4. Be it further enacted, That nothing in this Provis act contained, shall be so construed as to alter the time of holding the county courts of the aforesaid. counties of Hardin and Nelson. This act shall be in force from and after the first Jay of March next. |