Imagens das páginas

ment thereof all the land recovered by the successful claimant is taken, the judgment shall be deemed to be satisfied.

$ 12. The occupant shall be entitled to the crop growing Growing crop. on the land at the time of judgment of eviction and order for possession. If any part of the land, at the time of eviction, has no crop growing upon it, the court may order the possession of such part to be delivered at any time.


ARTICLE II. Guardians, Committees of Lunatics, &c., may compromise suits. § 1. If a guardian of an infant, or committee of an idiot Suits for land of

infants, &c., may or lunatic, shall believe that he can save the estate or ad- be compromised vance the interest of the ward, idiot, or lunatic, by a settle- by approval

by suardian, ment, in whole or in part, of a controversy concerning the lands of such infant, idiot, or lunatic, by compromise of the matter in suit, he shall have power to do so with the approbation of the court; and all bonds, agreements, sales, and conveyances, by him executed with the approbation of the court, in furtherance or execution of such compromise, shall bind the infant, idiot, or lunatic, and their estate; and the conveyances so made shall pass the estate of the idiot, lunatic, or infant.


Office not to be

Sale of office forbid-Penalty-Offices incompatible-What officers may reside

at Seat of Government, § 1. No office or post of profit, trust, or honor under this 2 R. S., 180. Commonwealth, whether civil or military, legislative, execu- sold. tive, ministerial, or judicial, nor the deputation thereof, in whole or in part, shall be sold or let to farm by any person holding or expecting to hold the same. Such person so Penalty. selling or letting, and the person so buying or receiving the letting, or with whose knowledge the same has been bought for him by another, shall be disqualified from holding such office or post, or the deputation thereof; and upon conviction, shall be expelled therefrom. $ 2. Except as to bonds of indemnity from a deputy and what bonds of

indemnity void. his sureties given to a sheriff, sergeant of the Court of Appeals, clerk, or marshal, every contract or security made or obtained in violation of the preceding section shall be void.



one vacates another.

$ 3. If any officer or deputy holding any such office or

of post as is mentioned in the first section of this chapter, shall bribery: corrup- be convicted of bribery, forgery, perjury, or any felony, by

a court of record in or out of this State, his office or post shall be vacated by such conviction; and though a pardon should be afterwards granted to him, it shall not avoid the forfeiture.

§ 4. All judgments rendered or acts done by such person When acts of val. by authority or color of his office, before his removal or such

conviction, shall be valid.

$ 5. The acceptance by one in office of another office, or Acceptance of employments incompatible with the one he holds, shall oper

ate to vacate the first.

$ 6. A person holding an office, post, or employment unWhat officer not der this State or the United States, which is incompatible eligible to seat in Legislature. with a seat in the Legislature, shall not be voted for as Sen

ator or Representative, until he has resigned his office, post, or employment, nor until a duplicate of his resignation has been filed in the clerk's office of the court of the county in which he resides; and all votes given for him before such resignation is so filed, shall be void.

$ 7. The offices of justice of the peace, county judge, Ofices incompat. surveyor, sheriff, deputy sheriff, coroner, constable, jailer,

assessor, marshal of a town, and clerk or deputy clerk of a court, shall be deemed incompatible, the one with either of the others. And the office of county judge and school commissioner are incompatible.

$ 8. The obligation required by law for the discharge or

performance of any public or fiducial office, trust, or employObligations of to

ment, shall be a covenant to the Commonwealth of Kentucky from the person and his sureties that the principal shall faithfully discharge the duties of the office, trust, or employment; but a bond or obligation taken in any other form shall be binding on the parties thereto according to its terms.

$ 9. Actions may be brought from time to time on any Actions on-how such covenant or bond, in the name of the Commonwealth,

for her benefit or for that of any county, corporation, or person injured by a breach of the covenant or condition, at the proper costs of the party suing, against the parties jointly or severally, together with the personal representa

tive, heirs, and devisees or distributees of such of them as Limit of recovery may be dead; and the recovery against principal and surety


AcOS 1858.

be covenants.

brought and for whose benefit.


bond before first

shall not be limited by the amount of the penalty named in such bond. Nor shall the recovery be restricted only to such duties or responsibilities as belonged to the office, post, trust, or employment at the date of the covenant or bond, but may include any duties or responsibilities thereafter imposed by law or lawfully assumed.

§ 10. No officer from whom a covenant is required shall Covenant to be enter upon the duties of his office until the same is given. A breach of this provision, or a failure to take the oath of office prescribed by law, shall be a misdemeanor; and on conviction thereof, such officer shall be removed from office Penalty. by the judgment of the court where such conviction is had. $ 11. The official oath of any officer may be administered By whom oath

administered. by any judge, notary public, clerk of a court, or justice of the peace, within his district or county.

§ 12. If the official bond is not given and the oath of Office vacated if office taken within thirty days of the time when the officer thirty days. was elected or received notice of his appointment, or of the time when his appointment ought to take effect, the office shall be considered vacant, and he shall not be re-eligible thereto for two years.(a) If a sheriff fail to execute Sheriff to give his official bond on or before the first Monday in January Monday in Janunext after his election, the office shall be declared vacant.(6)

§ 13. Every person, before entering on the performance Oath for all ofiof the duties of any office for the State, or any district, aries. county, city, or town, shall take the oath of office pre

(a) The 12th section chapter 71 was intended to apply to a case whe the sheriff had been elected or appointed, only, without having entered upon the discharge of his duties, and without having given bond, or taken the oath required by law; and the county court is the proper tribunal to ascertain the fact of such failure, and adjudge and determine the vacancy resulting from that fact as a matter of law. (Stokes vs. Kirkpatrick, 1 Metcalfe, 143.)

2. The county court has no power to inquire into the eligibility of one holding a certificate of election to the office of sheriff, or to refuse to qualify him on the ground that he was not eligible. (Patterson vs. Miller, 2 Metcalfe, 497.)

3. A certificate of election is not even prima facie evidence of his eligibility to office, nor indeed his commission; and although, whilst his acts are good as to third persons, though he be ineligible because he is de facto an officer, yet, as to himself, they are null, and may be questioned by any kind of proceedings and in all proceedings. (Iloglan vs. Carpenter, 4 Bush, 91.)

4. If ineligible, his installation into office is no protection to him; and in a suit to hold him responsible, he cannot justify under his office. (Morgan vs. Vance, 4 Bush, 323.)

5. The failure of the sheriff to execute bond for the collection of the revenue, would not ipso facto forfeit his office, but he may be proceeded against by indictment. (Brown vs. Grover, 6 Bush, 1.)

6. A sheriff did not vacate his office by failing to execute his official bond within one month after the first Monday in January. It does not appear that he was elected at the regular August election previous thereto; and no such state of facts is set out by the petition as will necessarily imply that he was elected at such time as rendered it necessary that he should execute his bond and take the oath of office as early as the first Monday in January. (Commonwealth vs. Cook, 8 Bush, 222.)

(6) See Constitution, article 6, sections 4 and 9.


cers and fiduci. .


cominissions be issued.

scribed by the Constitution and this revision, in lieu of all other oaths heretofore required by law; and every person, before entering on the duty of executor, administrator, guardian, curator, or committee of an idiot or lunatic, or any other like trust or employment, in lieu of all other oaths heretofore prescribed, and not expressly required by law, shall take in substance the following oath or affirmation: “I do solemnly swear (or affirm) that I will faithfully perform the duties of according to law.”

§ 14. It shall be the duty and a part of the oath of office Duty as to gam- of every town or city marshal, or his deputy, or other like

police officer or sheriff, that he will endeavor, to the best of his ability, to detect and prosecute all gamblers and others violating the laws against gaming.

$ 15. The following officers shall have commissions issued To what officers to them by the Governor, that is to say: Auditor, Register,

Treasurer, Superintendent of Public Instruction, judges of the Court of Appeals, judges of the circuit, criminal, and common pleas courts, chancellors and vice chancellor, county judges, police judges, and notaries public, Attorney General, and attorneys for the Commonwealth, justices of the peace, and all of the officers of the militia of rank and grade higher than and including the rank or grade of captain.

$ 16. All officers other than those mentioned in the last When other offi- section may enter upon the discharge of the duties of their

offices, respectively, upon the receipt of the certificate of

election, by taking the oath and executing the covenant reWhen sheriff to quired by law, except the sheriff, who shall enter upon the

duties of his office on the first Monday in January next after his election, as required by the Constitution.

$ 17. Unless, in a direct proceeding against himself or his Effect of official sureties, no fact officially stated by an officer in respect of a

matter about which he is by law required to make a state-
ment, in writing, either in the form of a certificate, return,
or otherwise, shall be called in question, except upon the
allegation of fraud in the party benefited thereby, or mis-
take on the part of the officer.
Officers, certain, may reside at Seat of Government, and not

lose residence elsewhere.
$ 18. Officers of this Commonwealth who are, or may be

cers may enter into office.

enter upon duties of his office.

statement or return of officer.

required, in the discharge of the duties imposed on them by law, to remain at the seat of government more than three months in each year, may, with their families, temporarily reside at or in the vicinity of the seat of government for any space of time during the term for which they were elected, without in any manner whatever changing or losing their legal and permanent residence in the district and precinct in which they resided at the time of such temporary removal; and they shall in all respects, and for all purposes, be held and regarded as residents of the precinct and district from which they have so removed. But in all cases it shall be necessary for the officer so intending to temporarily remove, to file and cause to be recorded in the clerk's office of the county court of the county of his residence, a written statement of such intention, which written statement he shall also cause to be recorded in the clerk's office of the county court of the county in which the seat of government is situated.



and special part

PARTNERSHIPS. § 1. Limited partnerships for the transaction of mercan- 2 R. S., 193. tile, agricultural, mechanical, and manufacturing business, or ships--how forma for the mining and transporting of coal, may be formed upon the terms, and subject to the conditions and liabilities, prescribed in this chapter; but none such shall be formed for the purpose of banking, brokerage, or insurance.

§ 2. Such partnership may consist of one or more persons General partners as general partners, with the powers and responsibilities of ners. partners, and of one or more persons as special partners, who, contributing a specific amount of cash, actually paid in as capital, shall not be personally liable for the debts or responsibilities of the partnership, except as herein named, nor have any power to bind the partnership, or manage its affairs.

$ 3. The persons desiring to form such partnership shall What statement sign a written statement, showing the name and place of showed and how residence of each partner, the name or style of the firm, who are general and who are special partners, the amount contributed by each special partner, the general nature of

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