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An Act allowing Hiram Miller a change of venue. 1837 41 (1837)

handle is hein.slavery/ssactsky0303 and id is 1 raw text is: LAWS OF KENTUCKY. Sc. 5. That immediately on the service of the process, 1838. in any suit instituted under the provisions of this act, any de- fendant or defendants, shall have the right to file, with the Answe, to be Clerk of the McCracken Circuit Court, his or their answer, filed. under oath; and the Clerk shall endorse thereon, the true time of filing the same; and twenty days shall be allowed to a de- Time allow- fendant, or defendants, to file their answers after the service of ed for filing. process; the cause shall stand for trial at the first term after the service of process, if the same shall have been served twenty days before the commencement of the court, and either at a common law or chancery term, and may be taken up for trial on ten days notice, in writing, on any day of such Court may term. The court, for good cause, may continue the cause, continue the and may permit a defendant, or defendant , to file his or their cause. answers at any time- before the trial of the cause, on such terms as the court may deem equitable. Approved January 8, 1838. CHAP. 537-AN ACT allowing flirain Miller a change of venue. Slc. 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That, upon the application of Hi- Justices to ram Miller, (who is now confined in the jail of Lincoln coun, issue writ of ty, under a charge of killing a slave, the property of William habeus corpus. Crow,) to the Justices of the Peace who presided in his t.ial and committed him to jail, it shall be their duty to issue, forth- with, a writ of habeas corpus, directed to the jailer of Lin- coln county, and cause the said Miller to be brought before them; and if he shall, thereupon, elect to be tried in the county of Garrard, or in the county of Mercer, it shall be the duty of said Justices to issue their mittimus, directed to the And to corn- Sheriff of Lincoln county, commanding him to commit said mit to jail of Mercer or Gar- Miller to the jail of the county where he may so elect to be card. tried. SiC. 2. That it shall be the duty of said Justices to cause the Election shall said Miller to endorse his election, of the county in which he be endorsed on is to be tried, on the back of the warrant of commitment; warrant. and his consent and election, so endorsed, shall be binding upon him; and the Circuit Court of the courity, so chosen, shall have full jurisdiction of the offence, as though it had been committed in said county. SEc. 3. That it shall be the duty of the Justices aforesaid, Papers to be and, also, of the Clerk-of the Lincoln Circuit Court, to trans- senttothecoun- riit to the Clerk of the Circuit Court of the county so chosen ty chosen. by said Miller, all the papers, warrants, recognizances, and other process, connected with said prosecution; and it shall be the duty of the witnesses to attend the next Circuit Court of the county so chosen, instead of the Lincoln Circuit Court. 6

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