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An Act allowing Hiram Kendly a change of venue. 1842 136 (1842)

handle is hein.slavery/ssactsky0396 and id is 1 raw text is: LAWS OF KENTUCKY. 1843 and the same are hereby, released, upon the said Gallion pay- ing into the General Court the amount of the costs incurred by the Commonwealth. Approved, January 27, 1S43. CHAPTER 59. AN ACT allowing Hiram Kendly a change of venue. WHEREAS, it is represented to the present General Assem- bly, that Hiram Kendley stands indicted and charged, before the Boyle Circuit Court, upon several indictments, for import- ing slaves into this Commonwealth, contrary to the provisions of the act of Assembly passed in 1833; and that owing to the prejudice and untimely influence of many of the citizens of said county, he cannot have a fair trial before a jury of said county: for remedy whereof, SEc. 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That it shall be lawful for the said Kendly to appear in the Boyle Circuit Court on the first day of the next term thereof, and make his election to be tried in the Lincoln Circuit Court, which election shall be noted on record; and thereupon the Boyle Circuit Court shall recognize the said Kendley to appear on the first day of the next ensu- ing term of the Lincoln Circuit Court, to answer said indict- ments; and upon said indictments and such other proceedings as may have been' had thereon, being certified to the Lincoln Circuit Court, the said Lincoln Circuit Court shall take cogni- zance of said indictments, and every thing incident or apper- taining thereto, in the same manner as if the offences for which said Kendly is indicted, had been committed in the coun- ty of Lincoln, and shall, in case he be found guilty, enter judgment and cause execution thereof, or grant new trials agreeably to law and the justice of the cases, as though said indictments had originated in Lincoln county; and all the of- ficers of the Lincoln Circuit Court shall pertorm all the duties pertaining to their respective offices, in relation to said indict- ments; and .the Judge of the Boyle Circuit Court shall, in case the said Kendly makes his election as herein provided, recog- nize the witnesses on the part of the Commonwealth, to ap- pear in the Lincoln Circuit Court ; and the 'last mentioned court shall proceed upon all such recognizances, in the same manner as if entered into in that court; and in case said in- dictment shall be found defective, and shall be quashed or the judgment arrested, said Kendly shall not, for that cause, be discharged, but a special grand jury shall be summoned, if the regular grand jury shall have been discharged, and new indict- ments found, if the evidence will warrant it, and the defen- dant shall be tried thereon in the same manner as if the offen- ces had been committed in the county of Lincoln. 136

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