346
306

161

241

CONSTRUCTION OF STATUTES—Continued.

PAGE
How preceding and following are to be understood

246
Will means codicil, wills, and last will.

246
Issue includes lawful lineal descendants ,

246
When a repealed law is revived .

247
No new law construed to repeal former law as to offenses, etc.

247
A violation of a statute gives cause of action to party injured.

247
Legatee, devisee, devise, bequest, and legacy, what held to mean.

247
Writing to be signed, must be signed at the close or end thereof.

247
“Action” includes all proceedings in any court. . .

247
“ Circuit court means any court of similar jurisdiction .

247
CONSPIRACY-

To aid one another to carry on or institute a prosecution against another in the name

of the Cominonwealth

Unlawfully confederating together
CONSTABLES-

May execute warrants in bastardy cases .
Fees for killing. distempered cattle, dogs, &c..

178
Bond .

239
The sureties shall be approved by the court.

240
Oath of office, and to be noted of record

683, 684, 240
That oath of office had been administered to be noted of record

240
Failure to execute bond for thirty days forfeits office.

683, 240
What process he may execute

240
When he may return precept “not found".

240
What precepts, etc., not compelled to receive.

241
When voluntarily received, he and his sureties liable

241
Penalty for failing to return process.

241
Process to be returned in district where defendant resides.
Exceptions to the foregoing

241
May exercise the duties of his office in every part of the county

241
Not to act on process in which he is interested

241
Shall not levy on or sell land, or any interest therein.

241
May distrain for his own fees or fees of other officers

241
Shall account for fees six months after placed in his hands

241
Certain fees to be paid out of county levy

274
When to be elected.

377
Remedies against for defalcation.
Any person injured may prosecute action or motion on bond

242
Ten days' notice, specifying grounds, must be given.

242
What may be recovered on motion :

242
Remedy for failure to return execution .

242
When receipt is presumptive evidence that money is collected

242
When liable for fee bills and other claims .

242
His receipts to state the amount paid him

243
Penalty for illegal charge . .

243
May be ruled to give additional security.
County court may rule him to give other sureties .

243
His sureties may rule him to give counter-security

243
Ten days' notice specifying grounds must be given

243
Failing to comply, court may vacate his office

243
Shall return and account for all claims, etc., in his hands

243
Miscellaneous provisions.
Executions, etc., shall be levied and satisfied according to priority.

243
Shall not buy or become interested in claims in his hands

243
Such purchase a bar to action and grounds for vacating judgment or quashing execu-
tion.

243
Shall, after their term of office, execute and return all processes, etc., in their hands
at termination of office.

243
May replevy or collect executions and fee bills in their hands at the termination of
their office.

243

PAGE.

386

.

390

CONSTABLES-Continued.
They and their sureties liable for all official acts

244
Quarterly courts and justices' courts have jurisdiction under this chapter .

24+
Defense that execution, etc., was stayed by plaintiff not good unless it was in
writing. .

244
May execute process from quarterly court

301
Vacancy in office of, how filled..
CO-OBLIGORS-
See Sureties and Co-obligors.

796
CORNER TREES.

Fraudulently or willfully removing, defacing, or destroying corner tree or stone 339
CORONERS-
Must be sworn and execute bond.

683, 264
Bond must be witnessed by the clerk and approved by the court

263
Duty to hold inquest

263
Shall arrest person guilty of murder, etc.

263
Shall commit to writing substance of evidence

263
Shall recognize the witnesses

263
Shall bury the person or deliver him to his friends

263
May execute process in criminal, penal, and civil cases

263
When so acting, laws in regard to sheriff apply to him

263
When office vacated by removal .

264
May prosecute appeal from order declaring office vacant

264
How vacancy filled.

386, 264
May have a post mortem examination .

264
Fees for arresting felons and summoning witness

195
May execute process from quarterly court

301
Justice of the peace may hold inquest.

311
Contested election of.
Must execute bond in thirty days .

683
CORPORATIONS

See Incorporated Companies and Foreign Incorporations.
Tax on corporations .

711
When and how paid .

739
To give security for costs when they sue. .
Duty of revenue agent in regard to taxes against

755, 756, 757
To give bond for faithful application of bonds subscribed by city, town, county, or

district ..
Felony to misappropriate same..
Corporations or persons in the use of corporate powers to execute bond where the

law requires it.
Failure to execute bond, forfeiture of charter.

843, 844
May be indicted for using franchise before executing bond .
CONTEMPT

Court shall not fine exceeding $30 or imprison exceeding thirty hours without inter-
vention of a jury

356
In trials by jury, truth of the matter may be given in evidence
Witness, jurors, and officers of court may be fined

265

843
843

843

844

356
180
248
248
248
2.48
248

.

CONTEMPT-Continued.

PAGE
Witness attached for contempt to pay costs.

265
Legislature may punish for contempt .

614, 615
CONTRACTS-

What contracts void for champerty . .
Contracts upon which no action lies unless in writing
Parol representation concerning another .
Promise to pay a debt during infancy.
Promise to answer for the debt of another
Promise in consideration of marriage, except mutual promises
Contract for sale of land ...

248
Agreement not to be performed within one year.

248
Seal not necessary to give effect to any writing :

249
State, county, or corporation seal not dispensed with.

249
Consideration may be impeached by plea verified

249
Plea denying execution of writing must be on oath

249
Contract in consideration of lottery tickets void..

249
Bonds, bills, and notes made assignable .

249
In action on assignment, consideration must be averred

250
Action may be had against heir, etc., of one jointly bound

250
Action may be had on obligation to dead person

250
What interest allowed on foreign bills after protest

250
Damages on all other bills disallowed ..

230
Bills, drafts, or checks deemed negotiable .

251
Notarial protest under seal evidence of dishonor

251
Note payable to maker's order and indorsed, how construed

251
Tholder may fill blank with promise to pay.

251
Stranger to title, indorsing note, becomes guarantor

251
May contract in writing for interest at ten per cent.

251, 564
Judgment to bear agreed rate of interest .

251, 564
When there is no agreement, then six per cent.

251, 364
After death of obligor and maturity, then six per cent.

251, 564
If contract exceed ten per cent., then whole of the interest forfeited.

252, 565
Applies to banks or other incorporated institutions.

252, 505
When surety bound by act of agent.

252
Certain promissory notes placed on same footing as foreign bills .

252
Gaming contracts void .

495
Contracts with peddlers, or sale of spirituous liquors, or service of stud, jack, or

bull, without license, void.
CONTESTED ELECTIONS-
See Elections

387
CONTINUANCE-

Application for change of venue at appearance term good cause for continuance if

made during the term . . .
Party obtaining continuance to pay costs at that term

265
When cause continued on account of amendments, party making amendments to pay
cost of that term ....

265
Causes not reached, continued without fee to clerk

287
CONTRIBUTION-
Recovery to be same at law as in equity.

252
How made between devisees.

252
When undevised estate is deficient

252
Residuary legatee or devisee not entitled to contribution

253
As to payment of debts, no distinction between specific and general devise, except
as herein provided .

252
When contribution allowed to heir as devisee,

253
Posthumous child, how portion made up.
Posthumous child a devisee under law of contribution

253
How insolvency or non-residence of one affects others

253
Contribution among heirs the same as among co-obligors.

253
Between all persons in a trust or official capacity.

253
Right of contribution survives.

254

716

183

253

PAGE.

249

256

256

256

CONTRIBUTION—Continued.
Allowed devisee when widow's dower is taken .

254
When widow loses her jointure or renounces the same.

254
Then devisee shall have contribution

254
When one prosecutes for the benefit of all.

254
In case of property devised subject to lien, no contribution.

254
Interest allowed on contribution from time right accrues .

254
CONVEYANCES-
May be acknowledged before foreign commissioner .

203
No seal or scroll necessary
Any interest in lands not in adverse possession may be conveyed

255
No estate greater than a term of one year to pass without deed or will

255
Deed transfers the possession

255
Deed of release effectual without the execution of a lease .

255
What words constitute a warranty, general and special. .

255
Deeds conveying interest in lands for more than five years, and marriage agree-

ments, unless recorded, void as to purchasers and creditors without notice . 255, 256
But not as to innocent purchasers of the heirs or devisees of grantors .

256
Deed to be recorded in county where land lies . ..
Deeds of trust or mortgages not good as to creditors, etc., unless lodged for recorr!, 256
To take effect in the order in which they are lodged for record .
Liens may be released by entry on margin of the record .

256
Power of attorney to convey land to be acknowledged and recorded as deeds of

conveyance.
Within what time deeds to be lodged for record .

257
On what proof deed executed in Kentucky may be recorder! .

257
On what proof deeds executed in another State may be recorded

257
On what proof, when executed out of the United States .

257, 258
When proved by other than subscribing witnesses, how certified.
Married woman may convey:
May be by joint or separate instrument
How her deed acknowledged and certified
When acknowledged out of the State, how certified

258, 259
If husband join with wife, how certified

259
Deeds not recorded in time, good from day of record .

59
Duty of clerk when deed is lodged for record

259
Duty of each succeeding clerk as to unrecorded deeds.

259
If not fully proved, may complete proof..
May correct error, and sign predecessor's name.

260
No commission necessary to take acknowledgment of proof.

260
Certified copies of recorded instruments prima facie evidence.
When recorded, originals to be delivered

260
Deeds of married women made evidence that the same was duly executed

260
Not legally lodged for record until tax is paid

261
Clerk to advertise unrecorded deeds

261
Cross-index to be made to all deeds

261
Power of infants and persons of unsound mind not enlarged by this chapter

261
If party die before conveyance revivor not necessary

261
Agent may convey for non-resident married woman.

261
If not written in the English language, correct English translation to be filed, and
original and copy to be recorded.

261
Acknowledgment indorsed by deputy, may be written out by clerk, and he sign it, 262
Form of certificate in such cases.

262
Falsely personating another in acknowledging conveyance .
Deed for more than grantor owned to operate as a conveyance of all he does own.

587
When heir or devisee to make good the warranty of ancestor.

587
CONVICTS-

Burning or attempting to burn any house within the walls of the penitentiary.
Escaping from penitentiary or guard
Escaping from cell, hospital, or lock-up.
Franklin circuit court has jurisdiction. .

341
Duty of keeper of penitentiary to issue warrant for escaped convict

341
Reward for recapture of...

341
Penalty of officer for refusing to obey warrant of keeper.

341

258
258
-58
258

.

259, 260

260

338

328
341
341

PAGL

.

695

202

200

267

CONVICTS—Continued.
No examining court to be held .

342
Harboring escaped convict

342
County court to appoint curator for

509
Duty and powers of curator .

509
Wife or her nominee to be preferred

509
To be confined within the walls of the penitentiary
COSTS-

Clerk shall tax costs of each party at termination of suit .
Poor person may sue or defend without costs.

264
The laws of costs not penal.

265
Non-residents and corporations to give security for costs

205
When plaintiff removes from the State, security for costs to be given

265
Suit dismissed if plaintiff fail to give security.

205
No judgment for costs against the Commonwealth.

265
Costs on continuance.

265
When judgment arrested, party in error to pay costs.

265
When pleadings amended, and cause continued, party amending to pay costs 265
Who to pay costs on attachment of witnesses,

265
Party convicted of misdemeanor to pay costs .

265, 334
In civil suits, against whom costs to be taxed.

265
In equity suits, against whom costs to be taxed .
Defendants, necessary nominal parties, not to recover costs

266
Garnishees making only a just defense not to pay costs

266
On appeals in inferior courts.

266
Tender before appeal is taken

266
Personal representative to pay costs out of assets

266, 267
Next friend, etc., when to recover and pay costs
Costs on dissolution of injunction. .

267
Party obtaining further time to plead or amend to pay costs.

267
Applicant for passway, etc., to pay costs.

267
Party taking steps to remove officer to pay costs.

207
Court giving final decision to adjudge costs.

267
Clerks, etc., to tax costs at termination of action

267
Taxation subject to inspection and revision.

267
Taxation of costs on continuance.

267
Motion or rule of court considered an action.

267
But no attorney's fee to be taxed on motion made in an action

267
When new trial granted—when costs to be paid.

268
Alimony and divorce, when husband to pay costs

268
When clerk to indorse costs for benefit of officers and witnesses

268
In habeas corpus cases judge to award costs as may seem right .
Insolvent estates, if claim not allowed, party to pay costs.

268
No attorney's fee allowed claimant against insolvent estate .

268
Only one attorney's fee to be taxed in a suit .
No attorney's fee to be taxed if amount in controversy is less than fifty dollars. 269
Court may confine allowance to witnesses not exceeding two

269
Costs to be given on dismissal for want of jurisdiction.

269
Court of Appeals has discretion as to costs. .

269
A male convicted of petty larceny to pay costs

334, 265
In contested elections.

391
Surety for costs, how relieved

799
COUNTY ATTORNEYS

Duty of to prosecute attorneys at law who fail to pay over money collected by
them..

149
To attend all county courts held in his county

150
Their duty touching the rights or interest of the county

150
To give advice to county officers

150
To attend court of claims and oppose improper claims.

150
To oppose improper granting of tavern licenses.

150
May prosecute appeal if he thinks license is improperly granted.

150
To prosecute cases of riots, breaches of the peace, etc.

150
To oppose wrongful alteration or discontinuance of public road.

150
When directed by county court, to prosecute suits, etc.

151

268

269