An Act to amend an act, entitled "An act to change the time for holding the circuit courts in the Fifth Judicial District," approved January 13th, 1872.

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That an act, entitled "An act to change the time for holding the circuit courts in the fifth judicial district," approved January 13th, 1872, be, and the same is hereby, so amended as to provide that the circuit court in the county of Ohio shall be commenced on the second Monday in November, 1873, and on the second Monday in May, 1874, and on the same days in each year thereafter, and continue eighteen juridical days at each term, if the business of the court requires it.

2. That the circuit court of Daviess county shall be commenced on the first Monday in December, 1873, and on the first Monday in June, 1874, and on the same days in each year thereafter, and continue forty-two juridical days at each term, if the business of the court requires it.

Approved April 23, 1873.

An Act to amend an act, entitled "An act to change the time of holding the circuit, chancery, and criminal courts in the Twelfth Judicial District," approved April —, 1873.

WHEREAS, The circuit court for the county of Kenton, held at Indianapolis in the month of July, has unintentionally been abolished by the act to which this is an amendment; therefore, for remedy,

1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the summer term of said court of the present year shall be held on the second Monday of July, as heretofore, and continue six days, if the business thereof requires it.

2. This act shall take effect from and after its passage.

Approved April 24, 1873.

31. Judges to give place to Special Judges-Judges, Governor, Attorney

for Commonwealth, and Clerks of Courts, not to practice law.

86 32. Public libraries, or books, pictures, &c.

33. Capitol, public offices, &c.

370. Felonies and mis.

demeanors.

§ 1. Offenses are either felonies or misdemeanors. Such R. S., 3 offenses as are punishable with death or confinement in the penitentiary are felonies. All other offenses, whether at common law or made so by statute, are misdemeanors. § 2. No crime shall be punished with death unless it be Death punish directed by statute.

ment.

3. A common law offense, for which punishment is preCommon law of scribed by statute, shall be punished only in the mode so

fense.

Felony no mer

ger of civil remedy.

prescribed.

4. The commission of a felony shall not stay or merge any civil remedy of the party aggrieved against the felon. 5. All offenses shall be tried in the courts, or by the Where offenses to tribunals of that county or city having jurisdiction of them in which they were committed, except in cases otherwise provided for.

be tried.

§ 6. When it is a matter of doubt, in the opinion of the When doubtful court, in which of two or more counties the offense was committed, the court of either in which the indictment is found shall have jurisdiction of the offense.

where offense was committed.

Where wounding

or poisoning in

one county, and

death in another.

When indictment is dismissed.

No approvers.

fore the fact.

§ 7. If a mortal wound or other violence or injury be inflicted, or poison be administered, in one county or corporation, and death ensues in another, the offense may be prosecuted in either.

§ 8. When an indictment is dismissed, the reasons therefor shall be stated and entered of record.

§ 9. Approvers shall not be admitted in any case.

10. In all felonies, accessories before the fact shall be Accessories be liable to the same punishment as principals, and may be prosecuted jointly with principals, or severally, though the principals be not taken or tried, unless otherwise provided in this chapter.

the fact.

§ II. Accessories after the fact, not otherwise punished, Accessories after shall be guilty of high misdemeanors, and fined and imprisoned at the discretion of the jury, and may be tried, though the principals be not taken or tried. But no person shall be deemed an accessory after the fact, who, occupying the relation of husband or wife, parent or child, grandparent or grandchild, brother or sister to the offender, shall, after the commission of a felony, aid or assist such felon to avoid or escape from a prosecution or punishment, unless in so doing he shall forcibly break a prison in which such felon was at the time confined, or take him by force from an officer or guard.

convictions

for

§ 12. Every person convicted a second time of felony, the Second and third punishment of which is confinement in the penitentiary, shall be confined in the penitentiary not less than double the time of the first conviction; and if convicted a third time of felony, he shall be confined in the penitentiary during his life.

felony.

Judgment in such cases shall not be given for the increased penalty, unless the jury shall find, from record and other competent evidence, the fact of former convictions for felony committed by the prisoner, in or out of this State. § 13. Persons by whom a forged instrument of writing Evidence in cases purports to have been executed shall be competent witnesses on the trial of any prosecution for such forgery. Judgment of conviction for forgery shall not destroy the legal validity of the writing charged to have been forged, or be used as evidence in any civil controversy relative to the same.

of forgery.

of

stolen property.

§ 14. Persons convicted of felony for taking, injuring, or Restitution destroying property, shall restore the property, or make reparation in damages. The court in which such conviction may be had, if applied to at the same term in which the sentence was pronounced, by petition verified by affidavit, may order restitution or give judgment against the convict for reparation in damages, and enforce the collection of the same by execution or other process.

§ 15. In all cases in which the party indicted for stealing property, or for having stolen property in his possession, shall break jail, forfeit his recognizance, or otherwise fail to appear for trial at the proper time, the party or parties claiming the property may make a motion in the court in which the indictment is pending for the return to him or them of such property.

If the defendant in court for resti

break jail, motion

tution.

ported by oath.

Notice served on attorney for the

§ 16. The claim shall be supported by his or their affidavit. Claim to be supThe motion shall be continued until the next term of the court for final action. A notice of such motion, served upon the attorney for the Commonwealth, shall be taken Commonwealth. as a notice served upon the person named in the indictment, and shall give the court jurisdiction of the matter. A jury Jury to try facts. shall try the facts, and if they find, in their verdict, that the claimant or claimants are entitled to the possession of the property, the court shall enter judgment accordingly; and the court shall have power to enforce such judgment by rule, attachment, and imprisonment, as in cases of contempt. The costs of proceedings shall be paid by the claimant, for which he may have judgment and execution against the party stealing the property.

Commonwealth's

§ 17. It shall be the duty of the attorney of the Common- 1 R. S., 373. wealth to defend the motion mentioned in the preceding attorney section.

fend.

to de

In motions for oner shall be

restitution, pris

brought into court

Jury.

18. In motions for restitution or reparation, the court shall cause the prisoner to be brought into court, and demand of him if he has any defense to make to the motion. And if the convict consents to such restitution or reparation in damages, the court shall give judgment accordingly, if the damages are agreed. Otherwise a jury shall be empanneled to try the facts, and ascertain the amount and value of the property, or assess the damages, as the case may be. A No waiver of civil failure to pursue the remedy hereby given shall not deprive the party aggrieved of his civil action for the injury sustained. The party injured shall have a lien on the estate of the criminal from the time of his arrest.

remedy.

19. The jury by whom an offender is tried shall fix Jury to fix pun by their verdict the punishment to be inflicted, within the periods or amount prescribed by law.

ishment.

Benefit of clergy abolished.

§ 20. Benefit of clergy is abolished.

§ 21. Persons sentenced to punishment by confinement Punishment in in the penitentiary shall be kept at hard labor and solitary

penitentiary.

of punishment by death,

confinement.

§ 22. Persons sentenced to suffer death shall be hung by Mode and time the neck until dead, by the sheriff of the county, or other person designated by the court, at such time and place as the court shall order. The time fixed for the execution of the sentence shall not be less than twenty nor more than ninety days, unless the public peace and safety, in the opinion of the court, require a shorter time. The expenses of the execution and burial shall be paid out of the treasury.

JR. S., 374

Whit prosecu

time, and when

§ 23. Prosecutions by the Commonwealth for felony shall not be barred by lapse of time or any law of limitations. tions barred by Prosecutions by the Commonwealth to recover a penalty for a violation of any penal statute or law, and an action or procedure at the instance of any person, to recover any such penalty, shall be commenced within one year after the right to such penalty accrued, and not after, unless a different time is allowed by the law imposing the penalty. Prosecutions for profane swearing, cursing, or being drunk, or Sabbath-breaking, and against surveyors of public roads, shall be commenced within six months after the offense is committed, and not after.

24. In aggravated cases of murder and other felonies. Offer of reward against the person, when the accused shall flee from justice, the Governor of the Commonwealth, on petition of the

by Governor.