bill of costs that may have accrued before him; and so soon as the action shall be renewed or instituted for the purpose aforesaid, to transmit the said bill, together with the recognizance to be taken as aforesaid, to the clerk of the court in which such action shall be instituted or renewed; which costs so taxed and transmitted, shall be made a part of the judgment to be rendered as aforesaid. SEC. 3. If the said recognizance shall be forfeited for not prosecuting, as aforesaid, the justice shall proceed to enter judgment against the defendant for the demand of the plaintiff, which shall be taken to be confessed, and execution shall thereupon issue against the defendant and his security or securities; and if the said recognizance shall be forfeited for not appearing and defending, or not abiding by and satisfying the judgment that shall be given in the court above, the party for whose benefit such recognizance was taken, may, by a writ or writs of scire facias, proceed to judgment and execution thereon. SEC. 4. If any person or persons shall, under pretence of any lease or otherwise, cut, fell, box, bore or destroy any black walnut, black, white, yellow or red oak, white wood, poplar, wild cherry, blue ash, yellow or black locust, chesnut, coffee or sugar tree, or sapling, standing or growing upon any lands within the State, reserved, appropriated or intended for the use and support of schools, or for the use and support of religion, such person or persons shall forfeit and pay, for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of eight dollars; and if any person or persons shall cut, fell, box, bore or destroy any other tree or sapling, not herein above named and enumerated, standing or growing upon any lands within the State, reserved, appropriated, or intended for the use aforesaid, such person or persons shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of three dollars. SEC. 5. The penalties provided in the preceding section, shall and may be recovered with costs of suit, either by action of debt, brought by and in the name or names of the overseer or overseers of the poor of the township in which such tree or sapling shall have been cut, felled, boxed, bored or destroyed as aforesaid, for the use of the poor of the county, or by action qui tam, in the name of any other person, who will first sue for and recover the same; the one-half for the person so suing and recovering, and the other half for the use of the poor of the county in which such tree or sapling shall have been cut, felled, box, bored or destroyed; and it shall be the duty of the overseer or overseers of the poor, on complaint made to him or them, against any person who may have cut, felled, boxed, bored or destroyed any tree or sapling, standing or growing upon any lands reserved for the uses aforesaid, within his or their township, or upon his or their view or knowledge of such trespass, forthwith to institute on action against the trespasser for the purpose aforesaid, unless an action qui tam shall have been previously instituted for the said trespass, in the name of some other person according to the provisions herein contained; and the said overseer or overseers, in the settlement of his or their accounts, shall be allowed a reasonable credit for the trouble and expense of such prosecution. APPROVED: March 3, 1845. CHAPTER CV. VENUE. SECTION 1. Either party may have change of venue; for what causes to be granted; application, how made; duty of judge. 2. In case of private property taken for public uses, when damages are to be assessed, on appeal, change of venue may be granted; how applied for and granted. 3. Duty of judge in such cases. 4. Objections to appeal bond, not allowed in certain cases. 5. Change of venue, when and how obtained in criminal cases; duty of officers as to custody and removal of prisoner. 6. Changes of venue not to be granted after first term, unless cause arise subsequently; ten days' notice required. 7. In civil cases, all plaintiffs or defendants must join in application; in criminal cases, one may apply. SECTION 8. Venue may be changed to another circuit. 10. If change be granted in term time, what pro- 11. Expenses attending change of venue, how paid; if not paid, how collected. 12. When venue changed in criminal cases, witness. 13. If venue in criminal case, be changed in term SECTION 1. If either party, in any civil cause, in law or equity, which may be depending in any circuit court, shall fear that he will not receive a fair trial in the court in which the action is pending, on account that the judge is interested or prejudiced, or is related to, or shall have been of counsel for either party; or, that the adverse party has an undue influence over the minds of the inhabitants of the county wherein the action is pending; or, that the inhabitants of such county are prejudiced against the applicant, so that he can not expect a fair trial, such party may apply to the court, in term time, or the judge thereof in vacation, by petition, setting forth the cause of the application, and praying a change of venue, accompanied by an affidavit, verifying the facts in the petition stated; and such court or judge, reasonable notice of the application having been given to the other party or his attorney, shall award a change of venue to some county where the causes complained of do not exist; and in all such cases where the judge is interested or is related to, or shall have been counsel for either party, the court in term time, may award a change of venue, as aforesaid, in its discretion, without any application. from either party: Provided, That neither party shall have more than one change of venue. SEC. 2. Whenever any appeal shall be depending in any of the circuit courts of this State, from any assessment of damages for land or other property taken under the authority of any law of this State, for the use of any rail road, canal, turnpike or any other highway, or for any purpose whatever, it shall and may be lawful for the people, or county, or other corporation, or person for whose use such land or other property is to be taken, or the person conducting the appeal in their behalf, or for the claimant or claimants, or his, her or their agents, or attorney at law, or attorney in fact, to file his, her or their affidavit in writing, stating that he, she or they verily believe that a fair and impartial trial of said appeal can not be had in the court where the said appeal is depending, on account that either the judge of the court, or the people of the county, are interested or prejudiced against the cause of the party on whose behalf said application is made, or in favor of the cause of the other party, or for or against the parties as aforesaid. SEC. 3. On filing such affidavit it shall be the duty of the court to change the venue of said cause to some convenient county, to which objections shall not be made by similar affidavit. And said appeal shall be docketed and tried in the court to which the venue thereof is changed, in the same manner as if it had been originally instituted there. SEC. 4. If any objection shall be taken to any such appeal on account of any defect in the appeal bond, such objection shall not be sustained: Provided, The appellant, his, her or their agent or attorney shall enter into, and acknowledge such bond, with sufficient security as may be approved by said court. SEC. 5. When any defendant in any indictment or information in any court in this State shall fear that he will not receive a fair and impartial trial in the court in which the trial is pending, on account that the judge is prejudiced, or that the minds of the inhabitants of the county, wherein the trial is pending, are prejudiced against him, such party may apply to the court in term time, or the judge thereof in vacation, for a change of venue by petition, setting forth the cause of such application, verified by affidavit, reasonable previous notice being given to the attorney general, or circuit attorney, prosecuting for the district, and the court or judge shall award a change of venue to the next nearest county where the cause complained of do not exist; and in case the applicant be in custody, or confined in jail, the court or judge shall make an order to the sheriff to remove the body of such applicant to the common jail of the county to which the venue is changed, and there deliver him to the keeper of said jail, together with the warrant by virtue of which he is confined, or held in custody, not more than three days next before the first day of the term of said court; and the sheriff shall obey such order accordingly, and shall indorse on such warrant of commitment, the reason of change of custody, and shall deliver such warrant, with the body of the prisoner, to the keeper of the jail of the proper county, who shall receive the same, and give to the sheriff a receipt therefor, and shall take charge of, and keep the prisoner, in the same manner as if he had originally been committed to his custody: Provided, There shall be but one change of venue in any criminal case. SEC. 6. Changes of venue shall not be granted after the first term of the court at which the party applying might have been heard, unless the party so applying shall show that the causes for which the change is asked have arisen, or come to his, her or their knowledge, subsequent to the term at which the application might have been made; and shall also have given to the opposite party ten days' previous notice of his or their intention to make such application, except in cases where the causes have arisen or come to the knowledge of the party making the application, within less than ten days of making the same. SEC. 7. In civil causes, wherein there are two or more plaintiffs or defendants, a change of venue shall not be granted, unless the application is made by or with the consent of all the parties, plaintiffs or defendants, as the case may be; and in criminal cases, where this application is made by a part of the defendants, and is granted, a copy of the indictment, and not the original, shall be transmitted to the court to which the change of venue is ordered; and the copy, certified by the clerk to be correctly made, shall stand as the original. SEC. 8. In all cases wherein a change of venue may be awarded, for any cause whatever, the same may be awarded to the next adjoining circuit, if it may suit the convenience of the parties, as well as to any county in the circuit in which the suit was instituted. SEC. 9. When any judge shall award a change of venue in vacation, in any cause, civil or criminal, he shall immediately transmit to the clerk of the court wherein the cause is pending, the petition and affidavit, together with an order in writing, ordering and directing the change of venue; and such clerk shall file the same in his office, and shall make out a copy thereof, and a full transcript of the record and proceedings in such cause, and shall certify and transmit the same to the proper court, together with all papers filed in the cause, and appertaining or forming part of the record, including in criminal cases, the indictment and recognizance of the party, and all witnesses; and the clerk of the court to which such cause is certified shall file the same; and the cause shall be docketed by such clerk, and shall be proceeded in and determined by the court, in all things as well before and after judgment as if it had originated therein. SEC. 10. When any change of venue shall be granted in term time, the like proceedings shall be had, and duties performed by the clerks and sheriffs respectively, as in the preceding section: Provided, No change of venue shall be granted, in any criminal case, until after indictment found. SEC. 11. The expenses attending a change of venue, in a civil case, shall be taxed by the clerk of the court from which the cause is certified, according to the rates established by law, for like services, and shall be paid by the petitioner, and not taken as part of the costs in the suit; and if the petitioner shall neglect or refuse to pay the same to such clerk within fifteen days after the change of venue is awarded, such clerk may make out a fee bill against such petitioner and his security for costs, (if any,) and deliver the same to any sheriff of any county in this State, who shall levy and collect the amount of such fee bill, and twenty per cent. thereon, for the use and benefit of such clerk, in the same manner as on executions; and such sheriff shall be entitled to like fees as on execution: Provided, That where the venue is changed without application from either party, the costs of such change shall abide the event of the suit. SEC. 12. When the venue shall be changed in any criminal case, the parties, witnesses, and all others who may have entered into recognizances, to attend the trial of such cause, having notice of the change of venue, shall be, and are hereby required to attend, at the time and place the trial is to be had, according to such change, and a failure to do so shall work a forfeiture of the recognizance. SEC. 13. When the venue is changed in term time, in a criminal case, the attorney general or circuit attorney shall have all witnesses on the part of the prosecution, recognized to appear at the court on the first day thereof when the trial is to be had. SEC. 14. In all cases where a change of venue shall be ordered in a criminal case, if the defendant shall be convicted, and imprisonment shall be a part of the judgment, the sheriff of the county where such conviction shall be had, shall immediately take such prisoner and convey him to the county where the crime shall have been committed, and deliver him to the sheriff thereof, and take his receipt therefor, who shall retain him in custody, according to the judgment of said court; and all costs and charges incurred in removing any prisoner as aforesaid, shall be allowed and paid out of the county treasury, where the crime shall have been committed, if the defendant be unable to pay the same. SEC. 15. All questions concerning the regularity of proceedings in obtaining changes of venue, and the right of the court to which the change is made to try the cause and execute the judgment, shall be considered as waived after trial and verdict. SECTION APPROVED: March 3, 1845, CHAPTER CVI. WAREHOUSES. SECTION pay charges, &c.; notice of sale, to be given by advertisement. 1. If perishable property be left in a warehouse, for fifteen months, it may be sold at auction, to SECTION 1. If any person shall leave, in any public or private warehouse in this State, any property of a perishable nature, or which, if not taken away and sold within fifteen months from the time at which such property was so left, would not, at the expiration of that time, be worth the charges which should then be due upon such property, and if the charges upon such property shall not be paid, then and in that case, it shall be lawful for the occupant or occupants of such warehouse, to sell at auction to the highest bidder, only so much of such property as will pay the charges due, and the expense of selling and advertising the same, upon giving not less than three weeks' public notice of the time and place of such sale, in two or more newspapers published in the town where such warehouse may be situated, or the vicinity thereof. APPROVED: March 3, 1845. |