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CHAP. CCXXXVIII.

Certain coun ty courts to

priations

when

AN ACT

For the relief of commonwealths attornies in certain cases, and to legalize the proceedings of certain county courts.

APPROVED, January 25, 1811.

E it enacted by the general assembly

Sec. 1. Be the commonwealth of Kentucky, That

make appro each and every one of the county courts in this commonwea'th, wherein the said court have made no appropriation for the payment of the attornies for the circuit court of their respective counties, since the year 1808, or any part of said time, shall at their January or February county courts, after the pas sage of this act, receive as a claim against the county, the amount of whatever sum may have been certified by the circuit court of said county, to be due to the attorney of said circuit, for his services for the two preceding years, or any part of the aforesaid time; which sum, so certified, shall, by the said county courts respectively, be received as a claim against their counties respectively, and shall at their aforesaid January or February courts, levy on the tithables of their county, in favor of such attornies, a How collect sum sufficient to pay off such claim or claims; which sum so levied, the sheriff shall collect and account for, as if the same had have been levied at the preceding court of claims.

ed and ac

counted for

Certain cir

certify, the claims of their attorney

SEC. 2. Be it further enacted, That all those cit cuit cuit courts to courts in this commonwealth, that have not certified what the commowealths attorney for their circuit, is entitled to for his preceding years services, shall at their next circuit court, make such certificate. Cases in SEC. 3. Be it further enacted, That in all cases, which the where the county court cannot make provision for claim shall be the of the attornies of the circuit court, as paid out of payment tue depositum

contemplated in the first and second sections of this act, at the January or February county court, the said county court shall, if there be a sufficient depositum for the year 1811, order the same to be paid out of said depositum.

upon which shall make ap propriation at their rext

the courts

SEC. 4. Be it further enacted, That if the county contingencies courts in this commonwealth, cannot make provision for the payment of the circuit attorney, as contem plated in the first and second sections of this bill, neither at the aforesaid January or February courts, nor out of the depositum for the year 1811, then and in that case, they shall make provision for the payment of the same, at their next court of claims.

court of

claims

SEC. 5. Be it further enacted, That so much of Proceedings the proceedings of all county courts, which have al- of certain really provided for the payment of their common- courts legal wealths attornies, is hereby legalized and made valid to all intents and purposes.

CHAPTER CCXXXIX.
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ized

AN ACT

To change the venue in the trial of JESSE CRAVENS,

W

APPROVED, JAN. 25, 1811.

WHEREAS, it is represented to the present general assembly, that Jesse Cravens stands Recital charged in the Ohio circuit court, with the commission of perjury, and from the prejudices existing against said Cravens, in said circuit court, he cannot have a cool, dispassionate and impartial trial :Wherefore,

ed to. Hardin

Sec. 1. BE it enacted by the general assembly of the commonwealth of Kentucky, That the rial of the Venue chang said Jesse Cravens, on the indictment depending in the said circuit, shall and ity be had in the Hardin circuit court.

SEC. 2. Be it further enacted, That it shall be the

Sheriff to re- duty of the sheriff of Hardin county, to apply to the move record clerk of the Ohio circuit court, within eight weeks

from the passage of this act, for the said indictment, and a complete transcript of the record and proceedings of the said cause; and the said clerk shall immediately deliver to the said sheriff, the said indictment and transcript of the record, and take the sheriff's receipt for the same; and the sheriff shall, without delay, deliver the said indictment and transcript, to the clerk of the Hardin circuit court, and take his receipt therefor; and the said sheriff shall compensation be entitled to ten dollars for his trouble; and for neglect of the duties herein, required, shall forfeit thirty dollars and it shall be the duty of the said clerk of the Hardin circuit court to receive and docket the same in due form; and thereupon the trial shall proceed and be had in the said circuit court, as hereduty of the in before directed: and the clerk shall issue all proclerk of Har cess and subpœna's to the first term of said court, after said removal, which the clerk of the Ohio cicuit court have issued, provided the removal had not been had.

Penalty for failure

din

Jurisdiction given the Har

din court

Proviso

may commit or recognize

SEC. 3. Be it further enacted, That the said Hardin circuit court, shall have jurisdiction of, and proceed to try the said Jesse Cravens on said indictment, and pronounce judgment of conviction or acquittal, in every respect, in the same manner as if the said offence had been committed in the Hardin circuit. Provided, the said Jesse Cravens shall, on the first term of said court, from the passage of this act, surrender himself to the said circuit court, while in actual session, and then and there give his consent, to be tried under the provisions of this act; and if the said Jesse Cravens shall surrender himself, agreeable to the provisions of this act, and give his consent as aforesaid, it shall be the duty of the court, to whom he shall thus have surrendered himself, either to mit him, or recognize him to appear at that time, as the said court shall seem most proper under the exxing laws; at which said court, the said indictment shall stand for trial; but may far good cause, be continued as in other cases.

to

SEC. 4. Be it further enacted, That if the said

No advantage to be taken of

Jesse Cravens shall surrender himself, and consent to be tried, agreeable to the provisions of this act, lapse of terms he shall not be allowed to take advantage of any error, occasioned by the said trial being had in the Hardin circuit court, instead of that in which the offence is alledged to have been committed; nor shall the said Jesse Cravens, take advantage of any lapse of terms to obtain his discharge, if he shall not be brought to trial at the first term of the Hardin circuit court, at which he shall surrender himself as aforesaid

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Sec. 5. Be it further enacted, That if the said Jes se Cravens. shall fail to surrender himself, and give his consent to be tried, agreeable to the provisions of this act, at the first term of said court as aforesaid, he shall not be entitled to the benefit of the provisions of this act; but he shall be liable to be proceeded against, and tried in every respect, in the same manner as he would have been, as if this act had not have passed.

CHAP. CCXL.

AN ACT

To revive the Law allowing longer time for receiving
Platts and Certificates into the Register's Office.

ޅ

APPROVED, January 25, 1811.

Sec. 1.BE it enacted by the general assembly

Law for re

revived,

and 2 years

of the commonwealth of Kentucky, That turning plate the law authorising the returning of platts and certi- & certificates ficates of survey, to the register's office, which expired on the first day of March, 1810, be, and the same is hereby revived; and the further time of two years longer given from the said first day of March, 1810, be and is hereby granted, to owners of platts and certificates of surveys, made before the time for surveying entries expired, to return the same to the register's office; in which time the register of the land office, shall be

Register

bound to receive them

Provise

Proviso

Patents that

bound to receive all such platts and certificates of survey, whether on treasury warrants, military warrants or settlement and preemption warrants, although not returned within the time limitted by the late law -And such lands shall not be considered as forfeited, or liable to forfeiture on that account, any law to the contrary notwithstanding. Provided, That no survey made, or to be made, by virtue of a land of fice treasury warrant, issued from the state of Virgi nia, prohibited or not liable to be entered within the bounds claimed by the Cherokee Indians, or Tellico lands, or within the bounds claimed by the Chickasaw Indians, or within the bounds reserved and set apart for the officers and soldiers south of Green river, shall be returned to the "register's office: Provided nevertheless, that any survey made by virtue of a legal entry, made prior to the first day of May, 1792, by virtue of a warrant or warrants, for military service in the revolutionary war with Great Britain, issued to one of the officers or soldiers, in the state or continental line of the Virginia troops, said entry and survey having been made within the said bounds set apart for the officers and soldiers, south of Green liver, except the lands south of the Tennessee river, claimed by the Chickasaw Indians, may be returned to the register's office, and patents may issue therefor as heretofore.

SEC: 2. Be it further enacted, That all patents that may hereafter may hereafter issue, by virtue of any land warrant issue void in from the state of Virginia, returned to the register's, certain cases office contrary to the provisions of this act, shall be null and void, any thing to the contrary notwithstan

void

ding.

Certain en SEC. 3. And be it further enacted, That all entries, tries, surveys surveys and grants, founded on any of the laws of and grants this commonwealth, which have been entered, surveyed and granted, for lands included within the lines of any survey or grant, surveyed or granted under, or by virtue of any law of Virginia, or any law of this commonwealth for extending the times of surveying the claims derived from the laws of Virginia, shall be void: Ner shall any entry, survey or grant, made, surveyed or granted, by virtue of any of the laws of

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