ter, auditor, or commissioner, by an order made, either prior or subsequent to the transaction of said business. § 2. That the provisions of this act shall not apply to the Louisville chancery court. 1851. Not to apply to Louisville chancery court. Approved March 20, 1851. CHAPTER 490. Liquors not to adulterated. AN ACT to suppress the practice of adulterating spiritous liquors, &c. §1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, all dealers in liquors or wines, either foreign or domestic, shall not be permitted, be rectified or under the specious pretext of rectifying, to adulterate the same, by adding thereto coculus indicus, juniper berries, tobacco, soap, vitriol, logwood, or any other drug or chemical preparation. Duties of inspectors liquors § 2. That it shall be the duty of the inspectors of liquors in the city of Louisville, and in all other towns and cities where inspectors have or may be appointed in this commonwealth, if they suspect that whiskey, brandy, gin, or wine, which they may be called on to inspect, contains anything impure, or other than the extract of the grain or fruit from which it is made, to cause the same to be analyzed by some skillful chemist, and if found to contain any such impurities or drugs, then said inspector shall mark alyzed. upon the head of the barrel or other vessel containing the same, in plain letters, the word "condemned." May cause li quors to be an Penalty for dealing in adul terated or recti fied liquors. §3. That if any person or persons in this commonwealth shall knowingly buy or sell any rectified whiskey, brandy, gin, or wine, containing any adulteration as contemplated by this act, such person or persons shall forfeit and pay a fine to the commonwealth of not more than five hundred dollars, nor less than twenty cents per gallon, for all such impure liquor or wine so bought or sold, to be recovered by action of debt before any court or justice of the peace hav- able. ing competent jurisdiction, or on presentment of a grand jury, to be collected and paid as other fines and forfeitures, in aid of the jury fund. § 4. That in all prosecutions against wholesale dealers for a violation of this act, the fact of rectifying shall be considered prima facie evidence of adulteration, and the defendant's knowledge thereof. How recover Rectifying prima facie eviof ence or adulte. ration. Owner to pay cost of analyz § 5. That all costs and charges of inspection and analyzing spirits shall be paid by the owner of such spirits: ing. Provided, that this act shall not take effect until the first day of June, 1851. Approved March 20, 1851. of venue in pe cases. AN ACT to authorize the several Circuit Courts to change the venue in pcnal and criminal prosecutions. § 1. Be it enacted by the General Assembly of the CommonCircuit courts wealth of Kentucky, That hereafter, when any indictment to grant change shall be depending in any of the circuit or criminal courts nal or criminal of this commonwealth, against any person or persons, charging him, her, or them, with any penal or criminal of fense, the judge of said court shall have power and authority, upon the application of the defendant or defendants,' to change the venue from the county where the indictment is found to some other county, where the defendant or defendants can obtain a fair and impartial trial. § 2. That if the said defendant or defendant shall swear to, and file an affidavit in the court where any such prosecution shall be depending, alledging therein, in substance, that he, she, or they, verily believe that, upon the trial of said prosecution, justice will not 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 indictments shall swear to, and file a petition in the court where the prosecution is depending, setting forth, in substance, 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 influence 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 prosecution to some other convenient county within his circuit, where said cause or causes do not exist: Provided, however, 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 county, 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 change: Provided further, that in all cases, due notice of any application for a change of venue, under the provisions of this act, shall be given, by the party applying therefor, to the commonwealth's attorney, and, in his absence from the county, to the county attorney. § 4. That the judge who may order a change of venue of any prosecution, as provided in this act, to any other county or circuit, shall have power to direct the safe removal of the defendant or defendants to the jail of the county where said change of venue is ordered, in case he, she, or they, shall then be in actual custody of the jailer of the county where the indictment is found, to be sent in custody of the sheriff or jailer of said county, with sufficient guard, as said court shall direct; and if said offense is bailable, and the party shall give bail, said court is authorized to take the recognizance of said defendant or defendants, with one or more good sureties, in such penalty as the court may fix, with condition that said defendant or defendants shall well and truly appear on such day of the succeeding term of the court where said prosecution shall be removed, as said court shall designate and fix, and shall surrender himself, herself, or themselves, into the custody of said court, and not depart until said court shall permit and di rect. § 5. That said court shall have power and authority to take the recognizance of any or all witnesses on behalf of the commonwealth and the accused, to appear at said court where said prosecution shall be removed, to give their testimony; and also, to make all other orders that may be considered necessary to insure a fair, fall, and speedy trial of said prosecution upon its merits. Clerk to trans § 6. That when a criminal or penal prosecution shall be removed, as before directed, the clerk of the court shall mit papers, &c. forthwith transmit the original papers in said prosecution, together with a transcript of the record of the proceedings had in said court, to the court where said case shall have been removed, by himself, deputy, or some other discreet person; and said clerk shall be answerable for the fidelity of the person whom he may employ to convey said papers from his office to the office of the clerk of the court to which they shall be sent; and the expense attending the removal shall be paid by the person praying the same; and the clerk who shall convey, or cause to be conveyed, said papers to the court to which they shall be sent, shall and may receive five cents for each mile he must necessarily travel in going to, and returning from said clerk's office; which shall be paid into the hands of the clerk of the court where said prosecution originated, before the papers shall be transmitted by him. Jurisdiction cases removed. 7. That the court to whom said prosecution shall be sent shall have ample and complete jurisdiction of the granted to try same, as though the crime or offense had been perpetrated in said county, and the prosecution had commenced in said court; and to direct the impanneling a grand jury to find a· new indictment, in case the original one should be found imperfect, or a nolle prosequi entered on behalf of the com monwealth. § 8. That whenever any slave shall stand charged before any circuit or criminal court of this commonwealth with any crime that amounts to felony, he or she shall be entitled to all the benefits of this act: Provided, that his or her owner or legal representative or agent shall make oath according to the provisions of this act, and in the absence of any one authorized to make the necessary oath, or where the owner, representative, or agent shall be, in any way whatever, engaged in the prosecution, the change of venue shall be left to the sound discretion of the judge; and when he shall have ordered a change of venue, it shall be the duty of the clerk forthwith to issue a summons against the reputed owner, his or her representative, to appear before said court on such day as shall be designated by the court, to show cause why he, she or they should not pay the expenses of said change of venue; and on such summons being returned executed, the court may proceed to determine whether he, she or they are the owner or owners of said slave; and if he shall decide in the affirmative, he may order exexecution, and do all other legal acts necessary to coerce the payment of the expenses incurred by reason of the change of venue: Provided, that whenever the payment of the expenses have to be coerced, payment of the mileage herein allowed to the clerk shall not be required before the papers shall be transmitted by him to the office of the court to which the change of venue is made: Provided further, that the master or owner of such slave shall not be responsible for the costs herein provided for unless the venue shall have been changed upon the application of such master or owner. § 9. That not more than one change of venue shall be granted under the provisions of this act in any one case. Approved March 20, 1851. CHAPTER 497. AN ACT concerning the tax on licenses to Coffee-houses, Taverns, and by the laws now in force which regulate the duties of the county court clerk in relation to licenses granted as aforesaid. 1851. Approved March 20, 1851. CHAPTER 506. AN ACT for the payment of the debts now due, and for the further prosecution of the work on the Second Kentucky Lunatic Asylum, and to ap point Commissioners to visit the same. § 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, in addition to the appropriations heretofore made for the erection of the Second Kentucky Lunatic Asylum, there is hereby appropriated the sum of thirty thousand dollars, to be paid out of any money in the treasury not otherwise appropriated; and the second auditor is directed to issue his warrant on the treasurer for the same, on the application of the commissioners appointed under the provisions of the second and eighth sections. of an act, approved the 28th day of February, 1848, concerning said asylum. The debts now due to contractors and others, to be paid out of the same first; the residue to be applied to the payment of the other existing liabilities of the state, so soon as the contracts for said existing liabilities are complied with; and if there be any of the said sum remaining, the balance to be applied to the completion of one or more rooms in said asylum: Provided, if a vacancy occurs in the commissioners appointed as aforesaid, the governor of this state shall fill the vacancy by appointment; and such person or persons thus appointed, shall execute bond as required of the former commissioners, and proceed to discharge the duties of the said commissioners required by this act. 2. That all laws vesting power and authority in said commissioners to contract any debt or liability on the part of the state, beyond the sum specified in this act, be and the same is hereby repealed. § 3. That Dr. James B. Bowling, of Logan county, D. S. Howell, of Bardstown, and John G. Handy, of Mercer county, be and they are hereby appointed commissioners to visit the Second Kentucky Lunatic Asylum, to inspect the same, and everything pertaining thereto; to ascertain what it will cost to prepare the same for the accommodation of fifty inmates; what one hundred; what two hundred, and what to complete the building; to state and settle the accounts of the present commissioners; to make out a particular description of the building and all of its appurtenances, and to make out a report accompanied with all other information material to be known, and present the same to the next legislature of Kentucky. If any one or |