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An Act for the benefit of the heirs of Daniel Lyle, deceased. 1844 148 (1844)

handle is hein.slavery/ssactsky0444 and id is 1 raw text is: LAWS OF KENTUCKY. 1845 Boren, on or before the calling of said indictment for trial, at the first term of the Warren Circuit Court succeeding the May electto passage of this act, to appear in said Court, and elect to be be tried in tried in the Simpson Circuit Court; and upon such election Simpson. being made, the Warren Circuit Court shall recognize the said Boren, by competent securities, in a sufficient penalty, to be and appear in the Simpson Circuit Court to answer said indictment, and not depart thence without the leave of said Court; and Accused and shall, also, recognize the witnesses, as well on the part of the witnesses to Commonwealth as for said Boren, if required by him, to ap- be recognized. pear in said Simpson Circuit Court to testify in said case for the Commonwealth and the accused; and the Clerk of the Indictment, Warren Circuit Court shall transmit the said indictment, and &c., to be all the papers in said case, together with a full transcript of all transmitted to Simpson. the orders of Court, made in said case, to the Clerk of the Simpson Circuit Court. who shall receive and file the same in said Court, as a part of the records of the Court, and shall docket the same accordingly among the pleas of the Common- monwealth; and thereupon, the Simpson Circuit Court shall Jurisdiction have as full and ample power and jurisdiction to try said case to Smpson hi a rantdi Circuit Court. as though it had originated in the Simpson Circuit Court, and had been on indictment properly found by the Grand Ju- ry of said Court; and in the event that the indictment shall New indict- be quashed or ruled bad on demurrer, or the judgment shall be may be found, arrested, for any cause whatever, the said Boren shall not be discharged therefor, but he may be again indicted by the reg- ular Grand Jury, if in session, or the Court may order a spe- cial Grand Jury for that purpose, if required or desired to do so by the prosecuting Attorney, and, thereupon, said case, on such indictment found, shall be proceeded with, in all particu- lars, as if the offence had originated in Simpson county. SEC. 2. That the same fees and mileage shall be allowed to Witnesses, witnesses, for mileage and attendance, as in other cases, to be mileage, &c. paid in the way pointed out by law. Approved February 5, 1845. CHAPTER 150. AN ACT for the benefit of the heirs of Daniel Lyle, deceased. SEC. 1. Be it enacted by the General Assembly of the Com- monwealth of Kentucky, That, upon the petition of the guar- dian of the infant children and adult heirs of Daniel Lyle, de- ceased, being filed for that purpose in the Estill Circuit Court, the said Court is hereby authorized and empowered to decree the sale of lands belonging to the estate of said deceased, or so much thereof as may be necessary, to pay the debts and li- abilities of said Lyle, on such credits as the Court may deem proper, instead of the slaves belonging to said estate, should the said Court be satisfied it would be to the interest of said heirs to make sale of said lands instead of said slaves.

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