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debt; presentments, and criminal prosecutions, depending in the said courts; and if through sickness, or other Jurisdiction. disability, badness of weather, or other accident, it shall so happen that a sufficient number of justices shall not meet, for holding the said courts on the days herein before appointed; in any such case it shall and may be lawful for any one justice to adjourn the court from day to day, not exceeding three days, until a sufficient number can attend to hold a court.
III. And be it further enacted, That all imparlances Rules to be to be taken; and pleadings to be filed, and all proceedings to be bad in suits depending in the county court, both in common law and io chancery, until an issue is joined, or interlocutory judgment or decree entered, shall be done at roles, to be held monthly, in the clerk's office, on such day as the court, at their quarterly sessions shall appoint; which rules and proceedings shall be fairly and distinctly entered in a book to be kept for that purpose; and the clerk shall be allowed the same fees for entering such rules, as if the entries had been made in court. And all rules to declare, Practice. plead, reply, rejoin, or for other proceedings, shall be given from month to month, and shall be made and entered with the clerk of the court in the same manner as the rules are made and entered with the clerk of the general court in suits depending in that court. Provie Power of ded nevertheless, That the court inay, at their quarterly court to consession, which shall be held next after any of the said "T rules and proceedings to be had in the clerk's office, for good cause to them shewn, sej aside any of the said rules and proceedings, and make such order concerning the same, as to them shall appear just and right. All original process to bring any person or persons to answer in any action, suit, indictment, or information in the said court, and all subsequent process thereon, all attachmeots, or other writs of wliat nature soever, all process in chancery, awarded by the said court, and all attachments issued by a magistrate, shall be returnable on the first day of the next succeeding quarterly court. Special bait may be taken in court, at the quarterly sessions; or any justice when the court is Special bail not sitting, may take recognizance of special bail in any action therein depending, which shall be taken de bene esse, and returned by the justice taking the same, to the clerk of the court, before the next suc
ceeding quarterly court, to be filed with the papers in Exception to such action; and if the plaintiff, or his attorney, shall bail.
see cause to except to the sufficiency of the bail so taken, notice of such intended exception shall be given to the defendant, or his attorney, at least five days previous to the day on which such exception shall be taken; and if such bail shall be adjudged insufficient by the court, the recognizance thereof shall be dis
charged, and such proceedings shall be had as if no Proceedings such bail had been taken. The same proceedings shall against com. be had against the common bail in any suit, and mon bail, and the sheriff or either of them, and they or either sheriff.
of them, may have the same remedy against the defendant or bis executors or administrators, in the county courts at their quarterly sessions as
may be had in the general court in such cases. Docketing The clerk shall proportion the causes upon the docket
in the same manner as the clerk of the general court now does; from the first day of the court to the sixth, if in his opinion so many days will be expended in determining the causes ready for trial, and issue subpe
nas for witnesses to attend on the days to which the Depositions causes stand for trial. When any witness resides out of aged, in. of this commonwealth, or shall be about to depart the firm, absent,
the wit same, or by age, sickness, or otherwise shall be unanesses, or ble to attend, the court upon affidavit thereof, the those about court when they are sitting, or any justice thereof in to remove, voor how taken.
vacation, may, on request of either party, direct a commission to be issued by the clerk of the court, for taking the deposition of such witness, de bene esse, to be read as evidence at the trial, in case the witness shall then be awable to attend; but the party obtaining such commission, shall give reasonable notice to the other party of the time and place of taking such deposition, otherwise the same shall be void. If any party, in any suit at common law, or in chancery, shall make oath, that he verily believes his claim or defence (as the case may be) or a material point thereof, depends on a single witness, the court, or any justice thereof, may award a commission to take the deposition of such witness, de bene esse, although he or she be not about to
depart the country, nor under any disability, the party Witnesses, in such case, giving reasovable notice of taking such refusing to deposition, to the adverse party. If any person sumgire uvi.
may inoned as a winess, and attending the court or combe committed niissioners appointed to take his or her deposition, as
a foresaid, shall refuse to give evidence on oath, or affirmation (as the case may be) to the best of his or her knowledge, every person so refusing, shall be committed to prison, either by the court or commissioners, there to remain without bail or mainprise, until he or she shall give such evidence. The county court at Absent de. their quarterly session, are hereby empowered to pro- fendants, ceed in the same manner against any defendant resid- proceedings ing out of the country, or absconding to avoid being agains. served with the process of such court, and shall have the same power over his estate and effects, as the high court of chancery now have and exercise in such cases: and may hear and determine all caveats against grants : for land lying within the limits of the jurisdiction of the said courts l'espectively; except within the counties . composing the district of Kentucky. The person en- Caveats.rules tering any caveat, shall take froin the surveyor of the concerning. county, before he shall return his plat and survey to the register's office, or from the register, after such retarn, a certified copy thereof, which within thirty days thereafter, shall be delivered to the clerk of the county, where the land lies, or such caveat shall become void; the said clerk, on receiving the same, shall enter it in a book, and thereupon issue a summons, reciting the cause for which such caveat is entered, and requiring the defendant to appear on the first day of the next succeeding quarterly court, and defend his or her right; and on such process being returned executed, the same proceedings shall be had thereupon as by law is directe ed to be had in such cases in the general court. All executions which shall hereafter be issued on judgments obtained in the county courts, shall be returna- when return ble to the succeeding quarterly session of the court of able. the county, wherein such judgment was or shall be obtained. And where any final judgment shall be entered up in the office against any defendant or defendants and their securities, or against any defendant or defendants, and sheriff by default, execution may issue thereupon,
tion may issue mereupons Office judg. unless the same shall be set aside before the end of the ments, when second day of the quarterly session next succeeding set aside. the entering up such judgment, in like manner, and on such conditions, as office judgments in the general court may now be set aside..
IV. And be it further enacted, That the respective Monthly county courts shall sit in the months of January, Feb. courls. ruary, April, June, July, September, October, and
December, in every year, on the respective days ago pointed by the laws now in force for holding the said courts in those months, for the transaction of all matters cognizable by the said courts, except suits io chancery; and causes properly triable by a jory in open court or points of law, upon demurrer, special verdicts,
or cases agreed. The sheriff of each county shall, beJurisdiction. fore every court of quarter sessions, summon twenty
four freeholders of his county, qualified as the law di, rects, for grand-jurors, to appear at the next succeed
ing court of quarter-sessions; which twenty-four men, Grand juries, or any sixjeen of them, shall be a grand-jury, and shall
enquire of and present all crimes, misdemeanors, or breach of penal laws, agreeable to an act of assembly, intituled "An act concerning juries," whatsoever, which shall be committed within their county, cognizable be
fore the county courts. Suits dismiss.
V. And be it further enacted, That if any suit shall ed for non-at- be dismissed for non-attendance of an attorney, practendance of tising either in the superior or inferior courts, not hava
at ing a just and reasonable escuse, it shall be at his costs, their costs.
and he shall moreover be liable for all damage his client shall sustain by such dismission (or any other neglect of his duty) to be recovered in any court of re- .
cord in this commonwealth. And every attorney restrosnies receiving money for his client, and refusing to pay the ceiving more ney for their game when demanded, shall, in a summary way, be clients, liable proceeded against, on notice before any court of reon motion.
cord, in the same manner as sheriffs are liable to be proceeded against, for money received on executions.
VI. And be it further enacted, That all and every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing, within the purview of this act, shall be, and are hereby repealed; and this act shall commence, and be in force, from and are ter the last day of April next.
CHAP. IX. An act concerning the erection of the district of Kenlucky, into an inde. pendent state.....
1. WHEREAS it is represented to be the desire of Terms op
which the the good people inhabiting the district known by the di name of the Kentucky district, that the same should be Kentucky separated from this commonwealth whereof it is a part, may be erec
cheated into an and be formed into an independent member of the A
independent merican confederacy, and it is judged by the general state. assembly that such a partition of the commonwealth is rendered expedient by the remoteness of the more fersile, which must be the more populous part of the said district, and by the interjacent natural impediments to a convenient and regular communication therewith. · U. Be it enacted by the General Assembly, That in Convention, the month of August next, on the respective court days how chosene of the counties within the said district; and at the respective places of holding courts therein, representatives to continue in appointment for one year, and to compose a convention, with the powers, and for the purposes hereinafler mentioned, shall be elected by the free male inhabitants of each county in like manner as delegates to the general assembly have been elected within the said district, in the proportions following: In the county of Jefferson shall be elected five representatives, in the county of Nelson five representatives, in the county of Fayette five representatives, in the county of Bourbon five representatives, in the county of Lincoln five representatives, in the county of Madison five representatives, and in the county of Mercer five representatives. That full opportunity may be given to the good people, of exercising their right of suffrage on an occasion so interesting to them, each of the officers holding such elections, shall continue the same from day to day, passing over Sunday, for five days, including the first day, shall cause this act to be read on each day, immediately preceding the opening of the election, at the door of the court-house, or other convenient place, and shall fix op two copies at least of this act in the most public situations at the place of