Owen on the first Monday in every month except in August and November. Pendleton on the first Monday in every month. Perry on the second Monday in every month in which no circuit court is held. Pike on the first Monday in every month in which no circuit court is held. Pulaski-on the third Monday in every month in which no circuit court is held. Rockcastle on the fourth Monday in every month in which no circuit court is held. Russel-on the first Monday in every month in which no circuit court is held. Scott-on the second Monday in every month. Shelby on the second Monday in every month. Simpson on the third Monday in every month in which no circuit court is held. Spencer on the second Monday in February and November, and the first Monday in every other month. Todd-on the second Monday in every month. Trigg on the second Monday in every month in which no circuit court is held. Union on the third Monday in every month in which no circuit court is held. Warren on the fourth Monday in every month in which no circuit court is held. Washington on the fourth Monday in every month in which no circuit court is held. Wayne on the fourth Monday in every month in which no circuit court is held. Whitley on the third Monday in every month in which no circuit court is held. Woodford-on the first Monday in every month in which no circuit court is held, and on the third Monday in the other months. TITLE 56. GENERAL COURT. 1802. IN FORCE FROM TWENTY-FOURTH OF DECEMBER. AN ACT to establish Circuit Courts: Approved December 20, 1802.-3 Litt. 42. SEC. 15. And be it further enacted, That the circuit judges to be appointed by this act, shall hold a general court in the statehouse in the town of Frankfort, [on the first Monday in May and December in every year,] and shall sit at each term fifteen days, if necessary. The said general court shall have the same power, authority and jurisdiction which the general court had previous to the passage of this act,* and shall proceed to hear and determine When the District and Quarter Session Courts were abolished, and Circuit Courts established, the General Court was also abolished and re-organized by the above act. The following laws will show the jurisdiction it possessed, and which was transferred by the above clause to the General Court thereby established: AN ACT to amend an act entitled "an act to establish District Courts in this Commonwealth :" Approved December 17, 1796.-1 Litt. 478. "SEC. 3. The judges of the district courts shall hold two annual general sessions at the state house in Frankfort, for the trial of all such causes as shall herein afterwards be directed." SEC. 5. The court shall have jurisdiction in all causes, suits and motions against public debtors, sheriffs, clerks of superior and inferior courts, and all collectors of public money, and all public debtors of every denomination whatsoever, for and in behalf of the commonwealth. "SEC. 6. The said court shall appoint a clerk." SEC. 11. The district court, when a question new or difficult arises, may adjourn any matter of law to the judges at their general meeting, where the same shall be heard and determined without delay, and shall be the judgment of that court from which the question of law was adjourned; but no costs shall accrue on the adjournment of a question of law. AN ACT for enlarging the jurisdiction of the General Sessions, held in Frankfort, for regulating proceedings in the Court of Appeals in certain cases, and for other purposes: Approved December 21, 1799.-2 Litt. 309. SEC. 1. Be it enacted by the General Assembly, That the judges of the district court shall in future hold their two sessions in the state house in Frankfort, on the first Mondays in April and September, in every year; and shall sit fifteen days each term, if the business before them shall require it. In addition to the jurisdiction General court, when and by whom holden. Jurisdiction thereof. Two general sessions held in Frankfort. Jurisdiction of the general terms. Appoint clerk. Questions new or difficult may be adjourned. The Judges of district courts, when, &c. they are to hold their general sessions all causes, matters and things depending in the general court at the time this act takes effect, according to the rules and regulations by which the said court has been heretofore governed, and which shall be established by law. SEC. 16. And be it further enacted, That questions of law, new How questions may be or difficult, arising in any land cause, may be adjourned from any adjourned. circuit to the general court, where they shall be decided on without delay. Hereafter to be called the general court. now allowed to said court, which shall hereafter be styled the General Court, it shall have original jurisdiction in the following cases, to wit: in all controversies between non-residents, and between non-residents and the citizens of this state, [a] where the matter in dispute shall be above the value of twenty dollars. In all cases beIts further ju- tween citizens of this state, respecting the titles or bounds of lands, if both parties consent and agree thereto; which consent and agreement, if made before the commencement of the suit, shall be in writing, signed by the parties, and attested by two witnesses, and filed by the clerk at the issuing of the writ or subpœna, or at the return of the declaration in ejectment: [6] and all such cases respecting land as risdiction. What suits may be remov 2. A non-resident of Kentucky cannot in the general court sue a resident, unless he is also a citizen of Kentucky.-Ibid. 3. Answering the bill without taking any exceptions for want of jurisdiction, preparing the cause for trial, and going into a full trial on the merits, will not estop the defendant from assigning the want of jurisdiction, in such case, in the general court, as error in the court of appeals.-Ib. 4. When the general court takes jurisdiction from the character of the parties, all the plaintiffs and all the defendants must be non-residents; or all the plaintiffs must be non-residents, and all the defendants citizens, or vice versa.-Sneed, &c. v. Noffiinger, 2 Litt. 81-2. 5. A non-resident citizen of Kentucky has the same right to sue in the general court, which a non-resident, citizen of any other state, has.Lexington Manufacturing Company v. Dorr, 2 Litt. 256. 6. It is not necessary that the jurisdiction of the general court should appear in the writ, but it must appear in the record. Where a case is reversed because it does not appear, leave will be given to amend in the court below, so as to show the jurisdiction.-Ibid. 7. If the individual members of a corporation can or cannot sue in the general court, so the corporation may or may not. The court will look into the character of the individuals who compose a corporation, and see whether they are citizens, residents, or non-residents, &c. for the purpose 9. When it becomes necessary for non-residents to sue several defendants jointly, the fact that some of the defendants are citizens of this state, and some non-residents, cannot oust the general court of jurisdiction. As it has jurisdiction where both plaintiffs and defendants are non-residents, and where the plaintiffs are nonresidents and the defendants citizens, it must have a right to take cognizance of both when it shall become necessary to blend both in one suit.— Turner, &c. v. O'Bannon, 2 J. J. Mar. 186. [b] Consent could not give the general court jurisdiction of a motion by a sheriff against his deputies.-Lindsey, &c, v. McClelland, 1 Bibb, 263. 2. When the general court takes jurisdiction by consent under the statute, all the parties must consent.-Sneed, &c. v. Noffinger, 2 Litt. 81. 3. The general court cannot acquire jurisdiction by consent of parties, except where both parties are citizens of the state of Kentucky.— Ormsby v. Lynch, Litt. Sel. Cas. 303; Banks v. Fowler, 3 Litt. 332. 4. The law having given jurisdiction to the general court in cases respecting lands, between citizens, where they consent, if no objection is made in that court, the court of appeals will not sustain an objection for the want of consent in writing filed, or distinctly expressed. The general statute concerning objections to jurisdiction, applies.-Fowler v. Halbert, 3 Bibb, 384; Madison's Heirs v. Wallace's Exr's. 2J.J.Mar. 584. 1802. IN FORCE FROM ITS PASSAGE. AN ACT to amend an act entitled "An act to establish Circuit Courts: Approved SEC. 5. Be it further enacted, That the general court constituted by the act aforesaid, shall have full power and authority to award execution and enforce all decrees and judgments which may have been or shall be entered in the present general court before the act takes effect, in the same manner as the present general court could have done, had not the act been made for establishing circuit courts; and any cause now depending in any district court, may, by the consent of the parties, be adjourned to the general court established by said recited act. SEC. 27. And be it further enacted, That the clerk of the Franklin district court, shall deliver all the papers, records and things belonging to his office, to the clerk of the general court; and the said general court shall have the same power to hear and determine all causes now before the said Franklin district court, and to enforce all judgments and decrees of the said Franklin district court, as the said Franklin district court would have had if the before recited act had not been passed; and it shall be the duty of those persons who are at present clerks of the district courts, where the consent of both parties to the adjournment of a suit now depending in the said courts to the general court shall be produced, to deliver to such person as the said parties shall direct, the papers in such suit, which the said person shall give a receipt for, and shall deliver the said papers to the clerk of the general court within twenty days after the date of the said receipt, and on failure so to do, shall be aforesaid, may also be removed from any of the district courts to the general court at any time pending the same, upon the partics or their agents petitioning the court to remove the same; in which cases it shall be the duty of the clerk to make out a complete transcript of all the papers filed, and proceedings had therein, and transmit the same without loss of time to the clerk of the general court. All original papers filed in the district court, in any such suit, shall be delivered, if required, to the respective parties who filed the same; and the cases so removed, shall stand on the docket of the general court in the same state in which they stood in the court from whence they were removed; and shall be proceeded on and determined by the general court in the same manner as if they had originated therein. SEC. 2. The general court shall be a court of record, and suits commenced therein shall be conducted in the same manner, and the said court be governed by the same rules and regulations as the district courts are. SEC. 3. When any question new or difficult shall arise in a suit in a district court, in which the title or bounds of land may come in question, the court may direct the said suit, and all proceedings and papers had and filed therein, to be removed to the general court; and the said court shall proceed to hear and finally determine the same, in like manner as if said suit had originated therein. subject to a penalty of five hundred dollars, to be recovered as in other cases. [SEC. 31. Relates to the power of the general court to receive and record deeds, &c. and may be found under title CONVEYANCES, ante. p. 446.] 1804. Preamble. on false suggesment, defend ant may file bill of discovery and have the tion or assign ceedings joined. pro en IN FORCE FROM ITS PASSAGE. AN ACT concerning the General Court: Approved December 19, 1804,3 Litt. 214. SEC. 4. And whereas it has been represented to the general assembly, that suits have been instituted in the general court between citizens of this Commonwealth, contrary to the intention of the legislature, as expressed in the acts heretofore constituting said general court: for remedy whereof, Be it enacted, That if any such suit shall hereafter be brought If suit be bro't in said court by any citizen against another citizen of this Commonwealth, by means of any false suggestion or assignment, contrary to the true intention of the acts constituting the aforesaid general court, that the defendant or defendants shall have the power to exhibit a bill in chancery to any circuit judge, praying an injunction upon his suggestion, supported by his affidavit, that the suit against him was instituted in the general court aforesaid improperly, by reason that the said court ought not to have had jurisdiction of said suit; in which bill the said defendant may call upon the plaintiff in the suit before instituted against him, to answer the same, and thereupon it shall be the duty of the said circuit judge to direct the clerk to enjoin the proceedings as in other cases. And if upon the answer of the defendant in chancery, or from other evidence, satisfactory to the court, it shall appear the suit was instituted in the general court by virtue of any false suggestions, or by virtue of any assignment to give said court jurisdiction, or that the court had not. properly jurisdiction of the case, according to the true meaning and intention of the laws now in force, it shall be the duty of said court to enjoin all proceedings in the suit so brought. |