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An Act to amend the seventh section of an act to prevent the increase of vagrants and other idle and disorderly persons in this State. 1838 160 (1838)

handle is hein.slavery/ssactsky0324 and id is 1 raw text is: LAWS OF KENTUCKY.

i839     CHAP. 1207.-AN ACT to amend the seventh section of an act to prevent'the in-
crease of vagrants and other idle and disorderly persons in this State.
Src. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That an act, entitled, an act to pre-
Jurisdiction vent the increase of vagrants, and other idle and disorderly
given to circuit
courts.     persons within this State, approved December fifteenth, seven-
teen hundred and ninety five. shall be so amended as to take
from the County Courts the jurisdiction given by said act, and
to vest the same in the Circuit Courts, and so as to require the
Justices of the Peace to make the recognizances to be return-
able to the Circuit Court, instead of the County Court.
SEc. 2. That no person shall be tried as a vagrant, in the
Vagrants Circuit Court, until presented or indicted as such ; and it shall
not to be tried be the duty of the Justices of the Peace before whom any per-
unless present-
ed or indicted son is brought, on a charge of vagrancy, to make out a state-
by a grand jury ment of the evidence, and to recognize the witnesses to appear
at the next Circuit Court, in all respects, as in cases of felony.
SEC. 3. That when a person shall be indicted or presented
Capias to' as a vagrant, it shall be the duty of the court to cause a writ
issue,      to be issued, for the apprehension of such vagrant, as if indict-
ed for felony; but the Clerk shall endorse on the capias, that
the party may give bail himself, in the penalty of one hundred
Bail.     dollars, with one or more securities, in a like sum, conditioned
for his appearance in court, at the time appointed by the writ,
and answer the charge, and not depart without the leave of
the court; and the trial shall, in all respects, proceed as in an
indictment for a high misdemeanor.
SEc. 4. That the Jury, on finding any person a vagrant,
Jury and ver- shall determine the time which he shall be bound out, not ex-
dict.       ceeding one year; and it shall be the duty of the court to bind
out such vagrant, or to direct the Sheriff to sell him to the
highest bidder, at the court house door, for the time specified
in the verdict of the jury. But nothing in this act shall be
This act not construed so as to change the character of the finding and sen-
to apply tO the                      tecaatr            fnigadsn
police court of tence against vagrants in the Police Court of Louisville; and
Louisville.  all acts, or parts of acts, so far as they conflict with this act,
are repealed.
Approved February 14, 1839.
CHAP. 1208.-AN ACT for the benefit of the Clerks of Clinton, Adair, and
Cumberland counties.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the provisions of an act, entitled, an act

160

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