1851.

In the county of Franklin, on the first Monday in April and the first Monday in October, and continue, each, eigh- Franklin teen juridical days.

In the county of Clarke, on the fourth Monday in April Clarke and the fourth Monday in October, and continue, each, twelve juridical days.

In the county of Estill, on the first Monday in June and Estill the first Monday in December, and continue, each, six ju

ridical days.

In the county of Jessamine, on the third Monday in May Jessamins and the third Monday in November, and continue, each, twelve juridical days.

And there shall be held terms for the trial of criminal and chancery causes, commencing in Fayette county on the second Monday in June and continue twelve juridical days; in the county of Franklin, on the fourth Monday in June and continue twelve juridical days; in the county of Clarke, on the second Monday in July and continue six juridical days; in the county of Madison on the third Monday in July and continue six juridical days.

Chancery terms Fayette, Frank

in. Clarke, and Madison.

In District No. 12.-In the county of Rockcastle, on the Rockcastle first Monday in March and the second Monday in August, and continue, each, six juridical days.

In the county of Laurel, on the second Monday in March Laurel and the third Monday in August, and continue, each, six juridical days.

In the county of Whitley, on the third Monday in March Whitley and the fourth Monday in August, and continue, each, six juridical days.

In the county of Knox, on the fourth Monday in March Knox and the first Monday in September, and continue, each, twelve juridical days.

In the county of Owsley, on the second Monday in April Owsley and the third Monday in September, and continue, each, six juridical days..

In the county of Clay, on the third Monday in April and Clay continue twelve juridical days, and the fourth Monday in September, and continue six juridical days, except when there shall be five Mondays in September, and in that case twelve juridical days.

In the county of Harlan, on the first Monday in May and the first Monday in October, and continue, each, six juridical days.

Harlan

In the county of Perry, on the second Monday in May Perry and the second Monday in October, and continue, each, six juridical days.

In the county of Letcher, on the third Monday in May Letcher and the third Monday in October, and continue, each, six juridical days.

In the county of Pike, on the fourth Monday in May, Pike

1851.

Floyd

Johnson

Breathitt

ized to

hold

and criminal terms.

and the fourth Monday in October, and continue, each, six juridical days.

In the county of Floyd, on the first Monday in June and the first Monday in November, and continue, each, twelve juridical days.

In the county of Johnson, on the third Monday in June and the third Monday in November, and continue, each, six juridical days.

In the county of Breathitt, on the fourth Monday in June and the fourth Monday in November, and continue, each, six juridical days.

§ 2. That it shall be lawful for the several circuit court Judges author, judges in this commonwealth to hold special terms in the special chancery Counties of their respective circuits, for the trial of chancery and criminal causes, when the business, in his opinion, may require it, and may require a grand jury to be impanneled, if he deem it necessary, by an order, in or out of term time; and where such order shall be made in vacation, notice of the term shall be given in such manner as the judge, in his order, shall prescribe; and where such term is ordered for the trial of criminal causes, the judge shall give to the clerk such instructions in regard to the summoning of a grand and petit jury as he shall deem right.

§ 3. This act shall take effect on the fifteenth day of June, 1851.

Approved March 22, 1851.

CHAPTER 616.

AN ACT to establish a Code of Practice in civil cases in the Courts of this

Commonwealth.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, as follows:

PRELIMINARY PROVISIONS.

§ 1. This act shall be known as the Code of Practice in civil cases, of this state.

§ 2. Remedies in civil cases in the courts of this state, are divided into two classes:

1. Actions.

2. Special proceedings.

§ 3. A civil action is an ordinary proceeding in a court of justice, by one party against another, for the enforcement or protection of a private right, or the redress or prevention of a private wrong. It may also be brought for the recovery of a penalty or forfeiture.

§ 4. Every other remedy in a civil case, is a special proceeding.

TITLE 1.

.FORM OF CIVIL ACTION.

1851.

Forms of ac

One form called

§ 1. The forms of all actions and suits, heretofore existing, are abolished; and hereafter, there shall be but one tions abolished. form of action for the enforcement or protection of private rights, and the redress or prevention of private wrongs, which shall be called a civil action.

§2. In such action, the party complaining is known as the plaintiff, and the adverse party as the defendant.

3. The proceedings in a civil action may be of two kinds: 1. Ordinary; 2. Equitable.

a civil action.

Plaintiff and defendant.

Proceedings ordinary and equitable. Must be equi.

had jurisdiction

§ 4. The plaintiff may prosecute his action by equitable proceedings, in all cases where courts of chancery, before table, if chanc'y the adoption of this code, had jurisdiction; and must so proceed, in all cases where such jurisdiction was exclusive. § 5. In all other cases, the plaintiff must prosecute his action by ordinary proceedings.

§ 6. An error of the plaintiff as to the kind of proceedings adopted, shall not cause the abatement or dismissal of the action, but merely a change into the proper proceedings by an amendment in the pleadings, and a transfer of the action to the proper docket.

§ 7. The error mentioned in the last section may be corrected by the plaintiff, without motion, at any time before the defendant has answered; or afterwards, on motion in court.

§8. The defendant shall be entitled to have the correction made, in the following cases:

1. Where the action has been commenced by equitable proceedings, the defendant, by motion made at the time of filing his answer, may have them changed into ordinary proceedings, when it appears that, by the provisions of section five, the plaintiff should have adopted ordinary proceedings, and, in addition, that his answer presents a defense on which he is entitled to a trial by jury.

2. Where the action has been commenced by ordinary proceedings, the defendant, by motion made at or before the time of filing his answer, may have them changed into equitable proceedings, when it appears that, by the provisions of section four, the plaintiff should have adopted equitable proceedings.

In other cases, by ordinary proceedings.

Error of plaintiff not cause of dismissal, but

may be changed

et.

proper dock.

Error of plain

tiff may be cortion.

rected by mo

Cases in which the correction may be made.

If action is commenced by pro.

ordinary

can have

case

$9. Where the action has been properly commenced by ordinary proceedings, either party shall have the right, by motion, to have any issue, which, before the adoption of sues are equitathis code, was exclusively cognizable in chancery, tried in ble, defendant the manner hereinafter prescribed in cases of equitable tried as equita ble proceedings. proceedings; and if all the issues are such as, before the adoption of this code, were cognizable in chancery, though none were exclusively so, the defendant shall be entitled to have them all tried as in cases of equitable proceedings.

§ 10. An error as to the kind of proceedings adopted in the action, is waived by failure to move for its correction at the time and in the manner prescribed in this chapter; and all errors in the decisions of the court, on any of the motions named in this chapter, are waived, unless excepted to at the time; which may be done by the clerk noting, at the end of such decision, words of the following import: "To which decision, the plaintiff (or defendant) excepts."

§ 11. The provisions of this code, concerning the prosecution of a civil action, apply to both kinds of proceedings, unless the contrary appears.

Actions in general.

§ 12. The provisions of this code, repealing certain statutes of limitation, and fixing the periods within which actions must be brought, shall not apply to actions or suits already commenced, nor to cases in which the right of action has already accrued; but the laws of limitation, now in force, shall be applicable to such cases, according to the subject of the action, and without regard to the forin.

viz :

13. The following acts and parts of acts are repealed,

The act to reduce into one the several acts and parts of acts concerning limitations of actions, approved December 17, 1796. So much of the 46th section of the act to reduce into one the several acts concerning the examination and trial of criminals, grand and petit juries, venires, and for other purposes, approved December 17, 1796, as regards civil actions and suits for penalties. The 1st and 2d sections of an act to amend an act, entitled, an act to amend and reduce into one the several acts, or parts of acts, concerning limitations of actions, and for other purposes, approved January 22, 1814. The 5th section of an act authorizing suits against heirs and devisees, and limiting the time of bringing suits against executors and administrators, approved February 9, 1819. An act to provide for limitations in certain actions, approved December 1, 1823. So much of the 22d section of an act to amend the several acts against unlawful gaming, approved February 2, 1833, as regards civil actions for penalties. An act to amend an act, entitled, an act to reduce into one the several acts and

parts of acts concerning limitations of actions, approved February 18, 1838. An act to amend the law limiting actions for the recovery of land by females and their heirs, approved February 7, 1840. An act limiting actions against sureties, approved February 8, 1838, except so much thereof as relates to the discharge of sureties in judgments. The 2d section of an act respecting conveyances by married women, approved February 23, 1849. So much of an act limiting the time of bringing suits against heirs and devisees, approved March 7, 1850, as prescribes the period within which original suits may be brought against heirs and devisees.

§14. Civil actions can only be commenced within the periods prescribed in this title after the cause of action has accrued.

CHAPTER 2.

Actions for the recovery of real property.

§ 15. An action for the recovery of real property, can only be brought within fifteen years after the right to bring it first accrued to the plaintiff, or to the person through whom he claims.

§ 16. If, at the time when the right of any person to bring an action for the recovery of real property first accrued, such person was an infant, married woman, or of unsound mind, then such person, or the person claiming through him, may, notwithstanding the period of fifteen years has expired, bring the action within three years after the time at which the person to whom the right first accrued, ceased to be under such disability as existed when the same so accrued, or died—whichever has happened first.

17. The time within which an action for the recovery of real property may be brought, shall not be extended by reason of any disability which did not exist when the right to bring the action first accrued; nor by reason of any disability of the heirs of the person to whom the right first accrued.

§ 18. The period within which an action for the recovery of real property may be brought, shall not, in any case, be extended beyond thirty years from the time at which the right to bring the same first accrued to the plaintiff, or to the person through whom he claims, by reason of any death, or the existence or continuance of any disability whatever.

§ 19. No continual claim upon or near any real property, shall preserve a right to bring an action.

Continual claim does not preserve a right.

in

§ 20. The provisions of the act, entitled, an act to com- seven years law pel the speedy adjustment of land claims, approved Febru- continued ary 9, 1809, are continued in force.

§ 21. An action by a female, or her heirs or devisees, for the recovery of real property, for the conveyance of which

force.