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$ 2. The seal of this Commonwealth shall be kept by the By whom kept. Secretary of State; and he shall also keep a seal of office,

which shall have upon it the device, the American eagle in the center, with the words around the same, “Commonwealth of Kentucky, Office of the Secretary of State."

$ 3. The official acts of the Governor of the CommonActs of Govern- wealth shall be attested by the Secretary of State, under the or-huwatiested.

seal of the Commonwealth; the official acts of the Secretary of State shall be attested by himself, under his official seal.

$ 4. The compensation for affixing the seal of the ComCompensation for monwealth, where the same is required by law, shall be two

dollars. But no compensation shall be allowed or paid for affixing the seal of the Commonwealth to a commission issued to any public officer of this State, or to a grant or to a pardon of a felony.

affixing seal.

CHAPTER 98.

SECRETARY OF STATE.

Oath,

His Powers and Duties. $ 1. The Secretary of State, with the assent of the GovAssistant may be ernor, may appoint an Assistant Secretary, who, in case of in place of prin- the absence or indisposition of the principal, may do the cipal,

business of his office in his name; and the Secretary shall be responsible for the acts of such Assistant.

$ 2. Before the Assistant Secretary acts under such appointment, he must take the oaths prescribed by the Constitution.

$ 3. The seal of this Commonwealth shall be provided To keep State

and kept by the Secretary of State.

$ 4. The Secretary of State must reside at the seat of Must reside at government, and shall have such powers and discharge such

duties as may be required by law.

$ 5. No tax shall be demanded by the Secretary of State No tax for affix. for affixing the seal of the Commonwealth to a commission mission or grant. or grant, except for commissioner of deeds, for which a tax

of five dollars shall be paid. Duty to examine

$ 6. The Secretary of State, at the close of each session Legislature, and of the General Assembly, shall inspect the papers and garded as valu

documents which remain with the unfinished business, and

seal.

Seat of ment.

govern

ing seal to a com

papers of untinished business of

able.

by him made evi.

carefully file in his office such as he considers worthy of preservation, with proper labels affixed thereto, designating the session to which the same belong. $ 7. He may exchange with any State of this Union Copies of laws

may be exchangcopies of the laws of this State for copies of the laws of ed. such other State; those which he exchanges to be bound in the same manner as those received. $ 8. He may, in like manner, exchange the decisions of Decisions of the

Court of Appeals. the Court of Appeals of Kentucky for the decisions of like value of the Supreme Court of the United States, or of the supreme appellate court of any other State. $ 9. He shall have the custody of the books, records, Preserve books,

& deeds, maps, and papers belonging to his office, or that may be deposited therein, and shall arrange and preserve the same. Copies of records and papers in his office, certi- Copies certified fied by him, shall, in all cases, be evidence equally with the dence. originals.

$ 10. The Secretary may, as often as necessary, purchase May purchase for the use of the Commonwealth such books as the law requires to be distributed. He shall deliver the same to the persons legally applying therefor. The Auditor of Public Accounts shall draw his warrant on the Treasury in favor of the Secretary for the amount such books may cost.

$11. When a judge is removed, by impeachment or Notify clerks of address, from office, the Secretary of State shall notify, in judge. writing, the clerk of the court of which he was judge of such removal, which notice shall be filed by the clerk in his office. The order of removal must also be recorded in the Secretary's office.

$ 12. The Secretary of State shall, monthly, receive from to report the the Auditor of Public Accounts a report of the interest paid !y payment of on any bond issued by the State, to whom and when paid, and record the same in a well-bound book, and carefully file and preserve the reports. And it shall be his duty to report to each General Assembly, within the first two weeks of its session, the amount of each monthly payment so returned.

books, &c.

a removal of a

amount of month

interest on bonds

CHAPTER 99.

SERGEANT.

Term of office.

§ 1. A sergeant of the Court of Appeals shall be apHow appointod. pointed by that court, and the office filled by the court

whenever a vacancy occurs. If during the recess of the court a vacancy occurs, it shall be filled by the appointment of the Chief Justice until the fifth day of the court's next sitting

§ 2. The court, or in vacation the Chief Justice, may susMay be suspend- pend the powers of the sergeant, and, for good cause, the

court may, by rule in the name of the Commonwealth, after ten days' notice of it, remove him from office. The court may also, at any time, require additional bond and surety of the sergeant, and if not given, the court shall remove him.

$ 3. The sergeant shall hold his office for the term of four years from the time of his appointment, and until his successor is qualified, unless sooner removed.

1. He shall be a citizen of the State, at least twenty-five Qualification of, years of age, and, before entering on the duties of the office, bond, and oath.

shall give a bond to the Commonwealth for the faithful discharge of the duties of his office, with surety, to be approved by the court, who shall be good for at least ten thousand dollars. He shall also be sworn to faithfully discharge the duties of his office, and take the oaths required by the Constitution.

2. He may, with the approval of the court, appoint and May appoint a deputy. remove one deputy.

3. He shall perform towards the Court of Appeals all the duties required by law from a sheriff towards a circuit court.

4. He shall receive sixty-five cents for each person upon Fees and mileage whom he serves a notice or summons, and for all other

services rendered by him as sergeant he shall receive the same fees and compensation as is allowed by law to sheriffs for similar services, and collect his fee bills in the same manner. He shall also receive three cents for every mile neces. sarily traveled in the execution of any summons or other similar process, out of the county in which the court is held. But if more than one defendant is included in the same pro

Duties.

rected.

cess, and resides or be found on or near the same route, mileage shall be charged only for the one most remote. It shall be discretionary with the court to allow mileage to be taxed in the bill of costs against a party who did not order process to be directed to the sergeant.

5. The original or final process of the court may be di- Process—how directed to the sergeant or the sheriff of any county; but executions for costs in the Court of Appeals shall not be directed to or executed by the sergeant.

6. For any breach or neglect of duty the sergeant shall Penalties, be subject to the same fines and penalties as are prescribed by law against sheriffs for a like breach or neglect of duty.

§ 4. The like remedy and recovery may be had on the Remedy on his official bond of a sergeant as is allowed on the official bond of a sheriff. $ 5. For fees for services rendered the Commonwealth, Court of Appeals

to allow & certify the sergeant shall present his account, verified by affidavit, his claims. to the Court of Appeals, and upon its allowance and certificate the Auditor shall issue his warrant directing the same to be paid out of the Treasury. § 6. The sergeant and his deputy shall each receive three Myers' Sup., 130

Pay per diem dollars for each day they attend the sessions of the Court how paid. of Appeals, to be paid monthly upon the order of the court, certified to the Auditor, who shall draw his warrant on the Treasury for the same.

bond.

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Shall execute bond, and names of sureties certi.

§ 1. The clerk of the court in which a sheriff shall exe- 2 R. S., 339. cute bond shall certify the fact, and the names of the sheriff and each of his sureties, to the Auditor of Public Accounts. filiute Auditor

$ 2. Every sheriff, before he enters on the duties of his Form of oath. office, shall, in addition to the oath prescribed in the constitution, take the following oath in the county court of his county : “I, A B, do swear that I will do right, as well to the poor as to the rich, in all things belonging to my office of sheriff; that I will do no wrong to any one for any gift, reward, or promise, nor for favor or hatred; and in all things

Form of bond.

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I will faithfully and impartially execute the duties of my office, according to the best of my skill and judgment-50 help me God.”

$ 3. He shall also, on or before the first Monday in January next succeeding his election, give bond to the Commons wealth, in substance as follows: “We, A B, principal, and CD and EF, sureties, hereby covenant to and with the Commonwealth of Kentucky, that the said A B, sheriff of

county, shall, by himself and deputies, well and truly discharge all the duties of said office, and pay over to such persons, and at such times as they may respectively be entitled to the same, all money that may come to his or their hands as sheriff. This

-.(a) $ 4. The sureties in the bond must be good for the amount Sufficiency of the of all moneys, except what is payable into the State Treaby court, bond sury, which will probably pass through the sheriff's hands clerk, and suit during his continuance in office. They shall be approved upon by whom.

by the county court, and the bond taken by its clerk under its supervision, and witnessed by him or his deputy, and may be put in suit, from time to time, at the cost of any person injured by the acts or omissions of the sheriff or any of his deputies.

$ 5. Whenever a sheriff shall cease to be a resident of the from county in which he shall be sheriff, or shall accept any office ance of other of trust or profit under the Federal government, or any inof felony, vacates compatible office under the State government, or shall be

convicted of treason or felony, the county court shall enter such fact on its records, and that his office is thereby vacated.

$ 6. Every sheriff may, by and with the approval of the May appoint dep county court, appoint his own deputies, and may revoke the uties.

appointment at his pleasure. Before any deputy shall proceed to execute the duties of his office, he shall take the oath required to be taken by the sheriff,

$ 7. A sheriff may, by writing, empower any person May make spe execute an original or mesne process. The person so apcialappointments

pointed shall indorse his action on the instrument empowturned by such.

ering him, and shall make affidavit to the truth of the in(a) NotE.—See Constitution, article 6, sections 9. 2. See notes to section 1, article 8, Revenue and Taxation; also section 12, Office and Officer.

3. Section 4, of article 6, of the Constitution, prescribes the time when sheriffs elected at the regular biennial elections shall quality, and has no application to sheriffs elected to fill vacancies

, The latter may qualify at the first term of the county court after he receives his certificate of election. (Cates vs. Ross,

Duvall, 244-5.)

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