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An Act to authorize the several Circuit Courts to change the venue in penal and criminal prosecutions. 1850 vol. I 52 (1850)

handle is hein.slavery/ssactsky0656 and id is 1 raw text is: LAWS OF KENTUCKY. 1851. CHAPTER 493. AN ACT to authorize the several Circuit Courts to change the venue in pe- nal and criminal prosecutions. § 1. Be it enacted by the General .A ssembly of the Common- circuit nrts wealth of Kentucky, That hereafter, when any indictment to grant change shall be depending in any of the circuit or criminal courts of venue in pe- nal or criminal of this commonwealth, against any person or persons, cases. charging him, her, or them, with any penal or criminal of- fense, the judge of said court shall have power and author- ity, upon the application of the defendant or defendants, tb change the venue from the county where the indictment is found to some other county, where the defendant or de- fendants can obtain a fair and impartial trial. § 2. That if the said defendant or defendant shall swear Manner of pro. to, and file an affidavit in the court where any such prose- heedinobectionis cUt shall be depending, alledging therein, in substance, to the jhdge. that he, she, or they, verily believe that, upon the trial of said prosecution,justice will riot be extended to him, her, or them, in said court, in consequence of the prejudice that the judge- of said court has against said defendant or de- fendants, or their case, it shall be the duty of said judge to change the venue or trial of said prosecution to the nearest county of the adjoining circuit. § 3. That if any defendant or defendants to any of said Wlret'ob, indictments shall swear to, and file a petition in the court Jectionis tothe where the prosecution is depending, setting forth, in sub- citizens. prose- Z cutor, &c. stance, that he, she, or they, verily believe that justice will not be administered impartially to him, her, or them, in said court where the indictment is found, from the prejudice of the citizens against said defendant, or from the undue in- fluence that the prosecutor, or those managing the same, has in said county; or in consequence of the prejudice of the sheriff or clerk of said court; or in consequence of any other good and substantial cause shown, the judge of said court may, in his discretion, change the venue of said pros- ecution to some other convenient county within his circuit, where said cause or causes do not exist: Provided, howev- er, that the said judge, before he grants a change of venue, as provided for in the first, second and third sections of this. act, shall, if demanded by any one opposed thereto, require proof in open court, that good cause exists for the change of venue for the reasons set forth in said sections; and the commonwealth's attorney, and, in his absence from the coun- ty, the county attorney shall have the right, by proof in open court, to show that no such cause exists; and if said judge, upon the proof, shall be of opinion that the cause for the change of venue does not exist, he shall refuse it; but if he be of opinion it does exist, he shall grant the chang6: Provided further, that in all cases, due notice of any appli- cation for a change of venue, under the provisions of this act, shall be given, by the party applying therefor, to the

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