te:ed of record. Lewis, Fleming, Bath, Montgomery, Estill, Laurel, Whit- 2. The second district shall be composed of the counties of Bracken, Pendleton, Campbell, Kenton, Boone, Gallatin, Carroll, Trimble, Henry, Owen, Grant, Harrison, Scott, Fayette, Jessamine, Garrard, Boyle, Mercer, Anderson, Franklin, Woodford, Shelby, and Oldham. 3. The third district shall be composed of the counties of Jefferson, Bullitt, Nelson, Spencer, Hardin, Meade, Larue, Hart, Barren, Monroe, Cumberland, Clinton, Wayne, Russell, Casey, Lincoln, Washington, Marion, Taylor, Green, and Adair. 4. The fourth district shall be composed of the counties of Fulton, Hickman, Ballard, McCracken, Graves, Calloway, Marshall, Livingston, Crittenden, Union, Hopkins, Caldwell, Trigg, Todd, Logan, Simpson, Warren, Allen, Christian, Henderson, Muhlenburg, Daviess, Ohio, Butler, Edmonson, Hancock, Grayson, and Breckinridge. ARTICLE IV. Concerning special judges. § 1. Whenever a majority of the judges cannot sit on the trial of a cause or causes pending in said court, for the reasons prescribed in the constitution, the governor shall select a judge or judges from the members of the bar, or circuit judges of the state, to act with the other judges, as the court, in hearing and deciding such cause or causes; the court shall appoint a day for the trial of such cause or causes; and the court, so organized, may meet and adjourn from day to day, until it disposes of its business. §2. If any of the special judges, so selected, refuse or fail to act, the vacancy may be supplied in like man ner. 3. When it becomes necessary to select judges, as proSelection en vided in the last preceding section, the court shall make an entry of the fact on its record, and cause a copy of it to be delivered to the governor, who shall, thereupon, select and commission special judges for the occasion, and cause their commissions to be delivered to them; and the clerk shall notify the persons selected of the time fixed for the trial of the cause or causes. select. § 4. The parties may select the judge or judges provided Parties may for in the preceding section, or permit any one of the judges of the court of appeals to make the selection; and the judges so selected may proceed to act without commissions. Oath. § 5. Every judge of the court of appeals, and every person selected for the trial of special causes, before he enters LAWS OF KENTUCKY. 1852. on the discharge of his duties, must, in addition to the ARTICLE V. Concerning its proceedings. § 1. The writs and process, and mode of proceeding in the court of appeals, as now established, shall remain until changed or abolished by rule or order of court. 89 Entries on or No discontin § 2. No suit, process, matter, or thing returned to or pending in the court of appeals, shall be discontinued, al- uance for want though a quorum of judges may fail to attend at the commencement, or on any other day of a term. § 3. If a quorum of the judges do not attend on the first day of the term, the court shall stand adjourned from day to day for ten days, unless a quorum sooner attend. If, for any cause, the court does not sit on any day of a term, the court shall not be thereby adjourned, but may meet again and proceed to business on another day prior to the next succeeding term. § 4. The court may adjourn from time to time to suit its convenience, not beyond the commencement of the next regular term; and if, for any cause, a quorum be not present, the judge or judges in attendance may so adjourn. The period of such adjournment shall not be computed under the rules of the court a part of the term. § 5. All process issued from the court shall bear teste in the name of the clerk. § 6. The decisions of the court must be so written as to show the governing principle thereof, except in cases involving matters of fact only.. of quorum. Adjournments. Testo. Decisions. Written opin. The court must deliver written opinions on all motions made in the court, which involve any principle of law or fous. rule of practice not previously settled by the court, and reported. 7. The court shall annually appoint one of the judges thereof to inspect the clerk's office of the court, and to report its condition to the next term thereof; which report shall be placed on the records of the conrt, and such action taken thereon as may seem proper. § 8. If the court is equally divided in the decision of a cause, the judgment, decree, or order of the inferior court is to stand affirmed. Inspection of clerk's office. Court divided. Two terme y § 9. The court shall annually hold two terms, commencally 12 1852. Reporter. ing on the first Mondays in June and December, and shall sit forty-eight juridical days at each term, and longer if the business require it. ARTICLE VI. Concerning the reporting of its decisions. § 1. The court of appeals shall, biennially, appoint a reporter of its decisions. 1. The appointment must be entered on its records. 2. The court shall direct what decisions, delivered by it, are to be published. § 2. The reporter shall have the decisions of the court Reports, how printed in letters and on paper of proper size and of superior quality. printed. §3. The reporter shall be allowed by the state after the Compensation. rates of one dollar for every one hundred pages of the decisions, tables, and indexes so printed and well bound in calf skin, with good indexes and marginal notes. from courts. counts 1. The court must certify that the work meets their approbation, and was published by their consent. 2. Upon the deposit of two hundred copies of a volume of reports so published with the secretary of state, the secretary shall draw an order on the auditor of public accounts for the price, which shall authorize the auditor to issue a warrant on the public treasury for such price. ARTICLE VII. Their appellate jurisdiction. § 1. Appeals and writs of error lie from the decisions of Appeals, &c. county courts to the circuit court of the same county, in all controversies concerning the establishing, alteration, or discontinuance of ferries, roads, and passways, and in all cases concerning the probate of wills, and from orders concerning mills or water works, and from orders refusing or allowing dams to be built across water courses. ly courts and Justices. § 2. Appeals lie to the circuit court from the decisions of From quarter the quarterly courts, and of justices of the peace, and of other tribunals having the like civil jurisdiction as justices of the peace, in all civil cases where the amount in controversy, exclusive of interest and costs, is sixteen dollars and upwards; and in all actions of trespass, and trespass on the case, before justices of the peace, the party aggrieved shall have the right of appeal to the circuit court of the county in which the case is tried. ARTICLE VIII. Original jurisdiction. § 1. The circuit court has original jurisdiction of all matOriginal juris ters, both in law and equity, within its county, of which jurisdiction is not, by law, exclusively delegated to some diction. LAWS OF KENTUCKY, other tribunal; and has all power necessary to carry into effect the jurisdiction given. ARTICLE IX. Power of circuit judges out of court. §1. Each circuit judge shall be a conservator of the peace throughout the state. And he may grant writs of error coram vobis et nobis. ARTICLE X. Concerning judicial districts. § 1. The state shall be divided into twelve circuit court judicial districts, as follows: First District-Fulton, Hickman, McCracken, Graves, Calloway, Marshall, Livingston, Crittenden, and Ballard. Second District-Caldwell, Trigg, Christian, Todd, Hopkins, Union, and Henderson. Third District-Daviess, Hancock, Ohio, Grayson, Breckinridge, Meade, Hardin, Muhlenburg, and Larue. Fourth District-Butler, Logan, Simpson, Allen, Monroe, Barren, Hart, Edmonson, and Warren. Fifth District-Cumberland, Clinton, Wayne, Pulaski, Casey, Lincoln, Taylor, Green, Adair, and Russell. Sixth District-Bullitt, Jefferson, Spencer, and Shelby. Seventh District-Nelson, Washington, Marion, Mercer, Boyle, Garrard, and Anderson. Eighth District-Oldham, Henry, Trimble, Carroll, Owen, Gallatin, Boone, Grant, and Kenton. Ninth District-Campbell, Pendleton, Mason, Bracken, Nicholas, Harrison, Bourbon, and Scott. Tenth District-Bath, Fleming, Lewis, Greenup, Carter, Lawrence, Montgomery, and Morgan. Eleventh District--Franklin, Woodford, Jessamine, Fay. ette, Madison, Estill, and Clarke. Twelfth District--Rockcastle, Knox, Harlan, Laurel, Whitley, Clay, Perry, Owsley, Letcher, Breathitt, Floyd, Pike, and Johnson. ARTICLE XI. Concerning the time of holding courts. § 1. A circuit court shall be holden at the court house in each of the counties in the state. It shall be a court of record. The terms shall be holden at the times required by law. § 2. When the business of the court may require it, the judge, by order of the court, shall extend the term of such court, when it can be done without interfering with any other term of the court in his district. 1852. cery and crimi. ual terms. ARTICLE XII. Concerning special terms. § 1. When the business requires it, a circuit judge may Special chan hold a special term in any county in his district for the trial of chancery, penal, or criminal causes, or either. Preparatory steps and interlocutory orders may be taken in any civil cause, at any stated or special term for the trial of chancery, criminal, or penal causes. Jury. Notice. Orders. special judge. 1. The judges may, in term time, or in vacation, order a grand and petit jury to be impanneled at any special term. 2. If the order be made in vacation for a special term, notice thereof shall be posted up at the court house door ten days before its commencement, and parties to a suit may agree that the court may hold a special term for the trial of such suit without notice. 3. All orders for or concerning a special term must be entered on the records of the court. ARTICLE XIII. Concerning special judges. § 1. When, from any cause, the judge of the circuit Election of court fails to attend, or if in attendance, cannot properly preside in a cause or causes pending in such court, the attorneys of the court who are present, shall elect one of its members then in attendance, to hold the court for the occasion, who shall accordingly preside and adjudicate. Held by clerk. Powers, &c. 1. The election shall be held by the clerk, and in case of a tie, he shall give the casting vote. 2. The person elected shall, during the period that he acts, have all the powers and be liable to all the responsibilities of a circuit judge. 3. He shall be paid for his services a sum bearing the Compensation. same proportion to the salary of the circuit judge as the time he may serve shall bear to the whole number of juridical days in said circuit. 4. The period of service must be certified by the clerk to Certificate of the auditor of public accounts, who shall ascertain the amount and draw his warrant on the treasury therefor; and the same shall be deducted from the judge's salary. service. 5. If the person first elected to act as judge pro tempore Fallure to act. fails or refuses to act, or cannot properly preside, another election shall be held, in like manner, from time to time, until a suitable person is chosen who can and will preside. 6. Or the parties may agree upon an individual to preFelection by side, and the person agreed on shall have the same power and be paid in the same manner as if elected by the bar. §2. Every judge of the circuit court, and every special judge, before entering on the discharge of his duties, must, in addition to the oaths prescribed by the constitution, take an oath as follows: parties. Oath. |