general court: If it be not set aside, it shall be considered as a judgment obtained before the commencement of the district courts. The general court shall also at any time rectify any improper dismissions in their own court, or the office of their clerk, and shall send any suit which may be reinstated, to the proper district. The general court shall also direct to what districts those suits shall be sent in which writs were not served, or were not directed to any sheriff; having regard, as far as can be ascertained, to the residence of the defendant. The said courts shall have the same power to issue commissions for examining witnesses respecting any matter depending before them, as is hereby given to the district courts. Writs of execution, scire facias, or other legal process, sued out of the general court, shall be returnable to the first day

thereof.

CXIX. For good cause shewn, the general court Trials at bar. may direct a trial by jury at their own bar of any cause depending before a district court, for which purpose they may order the sheriff, or any other officer attending them, to summon a jury, qualified as the law now directs in the cases of juries in the general

court.

CXX. For good cause shewn the general court may Change of ve change the venue in any suit depending in the district nue,

courts.

CXXI. If a judge allotted to a district court be in- Judges inter terested in the event of any suit, the general court shall, ested. upon application to them made, change the venue and cause a trial at bar.

CXXII. If before the commencement of this act, any appeal or supersedeas should be entered or obtained to a judgment or decree of any inferior court, the same shall be tried before the general court, as the said court shall be arranged under this act.

CXXIII. Deeds partly proved in the general court shall be retained there for full proof.

Appeals.

Deeds.

CXXIV. The general court shall retain jurisdic- Wills. tion over all wills, partly proved, or now under contest

before them.

CXXV. Traverses to inquisitions now depending in Inquisitions.. the general court shall be retained and determined there.

Process.

Tax on law process.

Impeach

ments.

CXXVI. All process awarded since the general court in October last, and returnable to the said court, all declarations in ejectment, and other things hereafter returnable to the general court, shall continue to be returnable thereto. And the clerk of the general court upon his receiving the same, or if they should not be received before the first day of the next session of the said court, shall distribute the causes and matters to which they belong, to the proper and respective districts, according to the directions of this act.

CXXVII. A tax of six shillings shall be, and is hereby, imposed on all final judgments in the district court, which shall be paid by the party obtaining the same to the clerk of the court, before such judgment shall be entered, and taxed in the bill of costs; and in all other respects, the tax on process in the district courts shall be the same, and be taxed in the bill of costs in like manner, as is by law directed concerning process in the general court; and the taxes on deeds, wills, and administrations, and on appeals from the district courts, and also on attornies practising therein, shall be the same; to be collected, accounted for, and paid by the clerks, respectively, in like manner, and subject to the same mode of proceeding against them for default, as is directed for the like taxes in the county courts.

CXXVIII. No person shall be found guilty on an impeachment but by a jury; for which purpose the clerk of the said court, as soon as such impeachment shall be notified to him by the attorney general, or any other person or persons appointed by the house of delegates to prosecute the same, shall issue a venire facias to the sheriffs of the senatorial district, wherein the person accused resides; commanding them to summon in their counties to the first day of the next succeeding court of appeals, in proportions as nearly equal as possible, twenty-four jurors, qualified according to law for the trial of other criminal cases; which process may be repeated by order of the court as often as it shall be necessary. The prosecutor for the commonwealth, and the person accused, shall, in open court, alternately strike one, until the number shall be reduced to twelve; which remaining twelve shall be a jury, and shall try the impeachment, render a verdict, and

proceed in the same manner, as is prescribed in the case of an indictment in the general court. The jurors, who shall attend on summons, shall have the same allowance, and be subject to the like penalties, as in the case of venire-men attending the district courts.If twenty-four jurors should not appear, bystanders may be summoned to make up the deficiency. The party accused may have one or more counsel, without petitioning the said court.

CXXIX. No impeachment shall be tried during the session of the general assembly, unless the party accused shall request it.

CXXX. It shall be lawful for any person impeached to challenge, for good cause, any juror, either before or after the names shall be struck.

CXXXI. If a majority of the judges of the general Judges intercourt be interested in any suit, which, in the case of ested. any other person, would have been proper for the jurisdiction of such court, it may be lawful to institute such suit under this act in the high court of chancery, where proceedings shall be had conformably to the rules of the general court; and process shall be returnable as the high court of chancery shall direct; and thereafter an appeal may be entered to the court of appeals.

CXXXII. The clerk of each district court shall, List of fines. annually, before the last day of January, transmit to the sheriff of each county within the district, a list of all fines imposed by the district court, in the year next preceding, to the use of the commonwealth, on persons residing in such county; and the sheriffs shall, respectively, proceed to collect, leyy, account for, and pay, the same in like manner, and subject to the same remedy and proceedings against them for default, as is or shall be directed in case of public taxes, being allowed in their accounts for insolvents, and five per centum commissions; and the said clerks shall severally transmit copies of such lists to the solicitor general, to enable him to call the sheriffs to account.

CXXXIII. An act passed at the October session, one thousand seven hundred and eighty-seven, intituled, "An act establishing district courts," and so much of all former laws as is contrary to this act, shall be, and the same is, hereby repealed.

Court of ap peals how ma ny judges.

Where to set.

Terms.

ments,

CHAP. LXVIII.

An act for amending the act, intituled An act constituting the court of appeals.

[Passed the 22d of December, 1788]

1. BE it enacted by the General Assembly, That the court of appeals shall consist of five judges, who shall be chosen from time to time, by the joint ballot of both houses of assembly, shall be commissioned by the governor, and shall, respectively, continue in office during good behaviour.

II. Any three of the said judges shall constitute a

court.

III. The said court shall be holden at the capitol in the city of Richmond, or at such other place, as shall be appointed by the general assembly, or in their recess, by the governor, with the advice of the council of state, on any such emergency, as will make the ådjournment of any other of the supreme courts lawful.

IV. The said court shall be holden twice in every year, namely, on the twentieth day of June, and the twentieth day of November, or when that shall happen to be Sunday, on the succeeding day, and shall sit each time until the business depending before them shall be dispatched.

V. No person shall be found guilty on an impeachImpeachment, but by a jury; for which purpose the clerk of the said court, as soon as such impeachment shall be noti fied to him by the attorney-general, or any other person or persons appointed by the house of delegates to prosecute the same, shall issue a venire facias to the sheriffs of the senatorial district, wherein the person accused resides, commanding them to summon in their counties, to the first day of the next succeeding court of appeals, in proportions as nearly equal as possible, twenty-four jurors, qualified according to law for the trial of other criminal cases, which process may be repeated by order of the court as often as it shall be necessary. The prosecutor for the commonwealth, and the person accused, shall, in open court, alternately

strike one, until the number shall be reduced to twelve; which remaining twelve shall be a jury, and shall try the impeachment, render a verdict, and proceed in the same manner, as is prescribed in the case of an indictment in the general-court. The jurors shall have the same allowance, and be subject to like penalties, as in the case of venire-men attending the district courts. If twenty-four jurors should not appear, bystanders may be summoned to make up the deficiency.

VI. A person impeached, may for good cause, challenge a juror. The party accused may have one or more couusel, without petitioning the said court.

VII. No impeachment shall be tried during the session of the general assembly, unless the party accused shall request it.

VIII. If a vacancy shall happen in the office of clerk out of the terms of the said court, it shall be lawful for a majority of the judges by commission under their hands and seals, to appoint.

Clerks.

Judges inter

IX. If any one of the judges of the court of appeals be interested in any suit finally decided in the high ested. court of chancery, an appeal, if prayed for, shall be to the general court. If such judge be interested in any suit finally decided in the general court, such appeal shall be to the high court of chance y; and in either case the decision of the high court of chancery, or general court, shall be final, in any suit now depending or which may hereafter be brought in the district court of Kentucky, in which either of the judges of the said court shall be interested, and without whose opinion there cannot be a decision therein: the court shall adJourn all matters in law and equity arising in such suit, to the superior court of appeals of this commonwealth, whose judgment shall be final therein.

X. Where several obtain an appeal, writ of error, or supersedeas, to or from any judgment of a district court, bond given by any party shall be sufficient.

Bond in ap

peals,

XI. Nothing in this act contained shall be constru- Special term ed in any manner to affect any suits now depending of court. before the said court, or any decree, judgment, sentence, or order hitherto given therein; but the same shall remain as if this act had never been made. Provided always, That the suits now depending before the said court, shall be finally decided by the court of appeals, as it is now constituted by law. For which pur