1824.

af error.

law as in fact, and all not barred by the limitation aforesaid, shall be heard by the Court of Appeals.

Sec. 24. The following rules shall be observed in 'apRules in ap- peals and writs of error: In cases of mills, wills and peals and writs roads, the appellant or plaintiff may assign errors upon matters of fact, as well as upon matters of law; and such cases shall be heard as fully upon testimony, as if the cases had originated in the Court of Appeals.

In cases at common law, (except as above,) the appellant or plaintiff'shall assign errors in law only, arising upon the face of the record.

If the judgment, decree or sentence, or decision, be affirmed in whole, the appellant or defendant shall have judgment for his costs.

If it be reversed in the whole, the appellant or plaintiff shall have his costs,

Where there is a reversal in part, and affirmance in part, the costs of the original suit, and of the appeal or writ of error, shall be apportioned between the parties, according to the discretion of the Court.

In cases of reversal in part, the Court of Appeals shall give such judgment, or decree, or decision, as the Court below ought to have given, unless it be necessary to remit the cause to the inferior court for further proceedings.

On deciding the case, the Court of Appeals may issue execution according to law, or may remit the case to the inferior Court, that execution may there be done, or that other proceedings may there be had.

In appeals or writs of error, which have operated as stay of execution or supersedeas, and which shall appear to have been sued merely for delay, the Court, upon nonsuit, dismissal or affirmance, shall award damages in favor of the party so delayed, against the party so causing the delay, after the rate of ten per centum per annum, computing the same from the time of the supersedeas, up to the time of affirmance, dismissal or nonsuit.

In cases where the Court shall be of opinion, that there was reasonable cause for such appeal or writ of error, the damages shall be after the rate of six per centum per annum only, on the money due by such judg ment or decree.

In both of the above cases, the interest is to be taken and computed as part of the damages, where the debt, or judgment or decree, is bearing interest.

If the appellant or plaintiff be nonsuit, or dismiss his suit, or the Court shall order the dismission, the appel

lant or defendant shall have his or her costs, as upon af firmance.

Every person obtaining a writ of error with supersedeas, shall assign in writing the particular errors relied on, which shall be filed with the Clerk of the Court of Appeals before the supersedeas issues; and on the trial, no other errors shall be relied on, unless by special leave of the Court,

No writ of error, with or without supersedeas, shall be granted to any execution or replevin bond, or forthcoming or delivery bond, or for any error in such bond or bonds, or for any error of the officer in issuing such execution, or in taking such bond, or upon execution on any such bond or bonds, until such error or errors shall have been adjudicated, or brought for adjudication or correction, before the inferior Court having jurisdiction thereof.

No appeal or writ of error shall be allowed in the Court of Appeals, (except by consent of parties,) unless the judgment, decree, decision, order or sentence be final, or so far final as to authorize an execution, sale or change of property, or possession, or such like; a decree of foreclosure or sale of property pledged, a judgment for sale of attached effects, or whereby the possession or use of property is to be changed, is so far final, as that an appeal or writ of error will lie thereon,

No appeal or writ of error shall be allowed by the Court of Appeals, to the dissolution or discharge of an injunction, whilst the case is retained in Court for trial, unless by consent of the parties; but instead thereof, one or more of the Justices of the Court of Appeals, on inspecting a transcript of the record, may, by his or their order, reinstate the injunction, provided he or they shall be of opinion that the injunction was improvidently dissolved or discharged.

In like manner, if an injunction has been improperly refused, one or more of the Justices of the Court of Appeals, after inspecting the record of such motion, made in an inferior Court and refused, may order the same to be granted.

Appeals and writs of error, (except in cases of wills,) shall stand for trial at the term next succeeding that to which the record is returned; but the Court may, for good cause, grant a continuance, under such equitable restrictions as they shall deem right.

Cases of wills, shall stand for trial at the first term to which the record is brought up.

1824.

1824.

risdiction of the Court,

Appeals and writs of error may be had and sued to decisions on caveats, and on writs of mandamus and prohibition, and to the orders and decisions of the Courts inferior to the said Supreme Court, in refusing them.

Sec. 25. Subject to the limitations, restrictions and Appellate ju- regulations before mentioned, the appellate jurisdiction of the said Supreme Court, shall extend to, and be competent, either upon appeal or writ of error, to revise, correct, superintend, reverse or affirm, all orders, sentences, decrees, judgments or decisions, of all and every of the Courts of record of this Commonwealth, concerning or touching lands, tenements, hereditaments, franchises, freeholds, privileges and immunities, debt and damages, in cases heretofore decided, or which shall hereafter be decided.

Sec. 26. Deeds, powers of attorney and other wri Writings may tings, may be admitted to record in the Clerk's Office be recorded in of the Court of Appeals, the Clerk taking the proof or Clerk's office. acknowledgment in the same manner as if it were done in open Court,

continued in

new.

Sec. 27. All appeals, writs of error, suits, pleas, orProceedings in ders, process and proceedings had, instituted, begun or old Court to be pending in the Court of Appeals at the passage of this act, shall remain valid and continue, and be carried into effect, decided and executed in the Supreme Court. by this act established, in as ample form and manner, as if the same were had, begun, pending or originated (as the case may be) in the Supreme Court by this act erected and established. All judgments, decrees, orders and executions remaining in said former Court of Appeals, shall be transferred to the Supreme Court by this act erected and established; therein to be re-heard, altered, set aside, or confirmed and carried into execution, or remitted, as fully and as effectually as they could have been by the rules and regulations and powers of the said former Court of Appeals.

Certain laws revived.

Vacancies, how filled.

Sec. 28. So far as by the decision of the said Supreme Court by this act erected and established, any of the acts or parts of acts, by this act repealed, shall be necessary and proper, for effectuating the enactments and provisions of the last preceding section, the same shall be, and are hereby declared to be operative as the law and rules of proceeding in those cases, and not otherwise.

Sec. 29. As often as any vacancy shall happen in the said offices of "Chief Justice of Kentucky," "second Associate Justice," "third Associate Justice," or "fourth

Associate Justice" of the Court of Appeals, the Governor of the Commonwealth of Kentucky shall and may fill such vacancy in the manner authorized and prescribed by the constitution of the State of Kentucky.

1824.

Sec. 30. The said Judges of the Court of Appeals Conservators shall, by virtue of their respective offices, be conserva- of the peace. tors of the peace throughout the State.

from old Clerk

to new.

Sec. 31. All the records, papers, books, transcripts Records, paof records, process, bonds and public property of every pers, &c. to be description, of and belonging to the office of the Clerk transferred of the Court of Appeals, which by this act is repealed, shall be transferred and delivered over, and belong to the Clerk's Office of the Supreme Court by this act established; and the said Chief Justice and Associate Justices of the said Court of Appeals, shall take care that all the said records, books, transcripts, papers, process, bonds, and public property of every description, shall be so transferred and delivered; and to that end, the said Chief Justice and Associate Justices, or a majority of them, are hereby authorized to make all orders of Court, necessary and proper to carry this section into full effect, and to enforce the same by attachment for disobedience.

Sec. 32. The act entitled "an act to authorize the Certain acts appointment of Sergeant to the Court of Appeals, and repealed. allowing appeals in certain cases of caveat," approved February 11th, 1809; also an act directing the duties of the Sergeant of the Court of Appeals, approved February 8th, 1812; also another act, entitled "an act concerning the Sergeant of the Court of Appeals," approved the 14th of January, 1819; also an act to amend an act entitled "an act appointing a Sergeant of the Court of Appeals," approved February 19th, 1819, shall be, and the same are hereby repealed; the provisions and enactments of the said three first described acts of February 11th, 1809, of February 8th, 1812, and of 14th January, 1819, are hereby re-enacted, as if the said recited provisions and sections of the said three first acts, were herein repeated at large.

Sec. 33. The said Court of Appeals may, at pleasure, Court may apappoint a person to act as Tipstaff and Crier for said point Tipstaff Court, who shall attend the Court of Appeals and Gen- and Crier. eral Court, and perform such duties as shall be required of him by those Courts respectively in term time, and for his services he shall receive the same fees as now allowed by the laws of the United States, to the Crier of the Court of the United States for the Kentucky

His compensa

tion.

1824.

of inferior

Courts.

District, to be paid upon certificate of allowance from the said respective Courts, to the Auditor of public ac

counts.

Sec. 34. The Clerks of the inferior Courts shall Duty of Clerks make out all transcripts of records upon appeals or writs of error, in a plain and legible manner, with the day of the month and the year, of each order, and plain marginal notes; the transcripts shall be duly certified to be full, true and complete transcripts, under the seal of the Court; and if any record so certified, shall be carelessly, unskilfully or imperfectly made, the Court of Appeals, upon inspection thereof, may issue a summons against the Clerk so in default, and at his costs, to show cause why his fees for such record, should not be docked and withheld, and if no sufficient cause be shown, the said Court shall accordingly make the rule absolute, for withholding the fees of the said record from the said Clerk.

Penalty.

Repealing clause.

Sec. 35. All and every act and part of acts or act, coming within the purview of this act, shall be, and the same are hereby repealed, except so far as herein before they are permitted to operate.

Sec. 36. This act shall take effect and be in force from and after the passage thereof.

[Approved, December 24, 1824.]

Preamble.

Change of

CHAP. 54.—An ACT for the benefit of Benjamin Craig and others. WHEREAS it is represented to the present General Assembly, that there is a prosecution now depending in the circuit court of Boone county, against Ben. Craig, for stabbing, and because the person with whom the said Craig had the conflict, possesses numerous and influential relations in said county of Boone, all of whom, as well as many others, the said Craig believes entertain high prejudices against him, insomuch that a fair trial cannot be had in said county: Therefore,

Sec. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That a change of venue be venue to Scott granted and allowed the said Craig, to the county of county. Scott; and it shall and may be lawful for the said Craig to appear at the court-house in said county, on the first day of the next term of the circuit court in and for the said county of Scott, and then and there deliver himself up to the sheriff of said county, to answer to the said prosecution; and it shall be the duty of the said sheriff to present the said Craig to the said