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CONSTRUCTION OF STATUTES-Continued.

How preceding and following are to be understood
Will means codicil, wills, and last will.
Issue includes lawful lineal descendants

When a repealed law is revived.

No new law construed to repeal former law as to offenses, etc.
A violation of a statute gives cause of action to party injured.
Legatee, devisee, devise, bequest, and legacy, what held to mean.

Writing to be signed, must be signed at the close or end thereof.
"Action" includes all proceedings in any court.

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"Circuit court" means any court of similar jurisdiction.

CONSPIRACY—

To aid one another to carry on or institute a prosecution against another in the name
of the Commonwealth
Unlawfully confederating together

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That oath of office had been administered to be noted of record

Failure to execute bond for thirty days forfeits office.

What process he may execute

When he may return precept "not found"

What precepts, etc., not compelled to receive.

When voluntarily received, he and his sureties liable

Penalty for failing to return process.

Process to be returned in district where defendant resides.

Exceptions to the foregoing

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

Not to act on process in which he is interested

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

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When receipt is presumptive evidence that money is collected
When liable for fee bills and other claims.

His receipts to state the amount paid him.
Penalty for illegal charge..

May be ruled to give additional security.

County court may rule him to give other sureties.
His sureties may rule him to give counter-security
Ten days' notice specifying grounds must be given

Failing to comply, court may vacate his office

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

Miscellaneous provisions.

Executions, etc., shall be levied and satisfied according to priority.
Shall not buy or become interested in claims in his hands

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

tion

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

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

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CONSTABLES-Continued.

PAGE.

They and their sureties liable for all official acts

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

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

writing.

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May execute process from quarterly court

Vacancy in office of, how filled. .

CO-OBLIGORS-

See Sureties and Co-obligors.

CORNER TREES-

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Fraudulently or willfully removing, defacing, or destroying corner tree or stone. . 339

CORONERS-

Must be sworn and execute bond.

Bond must be witnessed by the clerk and approved by the court.

Duty to hold inquest.

Shall arrest person guilty of murder, etc.

Shall commit to writing substance of evidence

Shall recognize the witnesses

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Shall bury the person or deliver him to his friends

May execute process in criminal, penal, and civil cases

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

When office vacated by removal.

May prosecute appeal from order declaring office vacant
How vacancy filled. .

May have a post mortem examination.

Fees for arresting felons and summoning witness

May execute process from quarterly court

Justice of the peace may hold inquest.

Contested election of.

Must execute bond in thirty days.

CORPORATIONS-

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To give bond for faithful application of bonds subscribed by city, town, county, or
district..

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843

Felony to misappropriate same..

Corporations or persons in the use of corporate powers to execute bond where the
law requires it.

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

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

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Court nor judge to proceed by process of contempt to impose a fine for words or
writing published not in the presence of the court or judge during the sitting of
the court.

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Justices' court, county, quarterly, police, or inquiring court, may fine not exceeding
$3 or imprison more than six hours..

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Judge or justice violating section one or eleven shall be removed from office

Witness summoned to attend before arbitrator, or refusing to testify, how punished, 144

357

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

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Applies to banks or other incorporated institutions.

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When surety bound by act of agent.

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Certain promissory notes placed on same footing as foreign bills.
Gaming contracts void

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Contracts with peddlers, or sale of spirituous liquors, or service of stud, jack, or
bull, without license, void..

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CONTESTED ELECTIONS—

See Elections . .

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CONTINUANCE-

Application for change of venue at appearance term good cause for continuance if
made during the term...

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Party obtaining continuance to pay costs at that term

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

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

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CONTRIBUTION-Continued.

Allowed devisee when widow's dower is taken.
When widow loses her jointure or renounces the same.
Then devisee shall have contribution

When one prosecutes for the benefit of all.

In case of property devised subject to lien, no contribution.
Interest allowed on contribution from time right accrues

CONVEYANCES-

May be acknowledged before foreign commissioner.

No seal or scroll necessary

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Any interest in lands not in adverse possession may be conveyed

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Deed of release effectual without the execution of a lease
What words constitute a warranty, general and special.

No estate greater than a term of one year to pass without deed or will
Deed transfers the possession

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

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conveyance.

Within what time deeds to be lodged for record.

May correct error, and sign predecessor's name.

No commission necessary to take acknowledgment of proof.

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

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

On what proof deed executed in Kentucky may be recorded.

On what proof deeds executed in another State may be recorded

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

If husband join with wife, how certified

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Deeds not recorded in time, good from day of record

Duty of clerk when deed is lodged for record

Duty of each succeeding clerk as to unrecorded deeds.

If not fully proved, may complete proof.

Deeds of trust or mortgages not good as to creditors, etc., unless lodged for record, 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.

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.
Deed to be recorded in county where land lies . . .

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Deeds of married women made evidence that the same was duly executed
Not legally lodged for record until tax is paid
Clerk to advertise unrecorded deeds

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Power of infants and persons of unsound mind not enlarged by this chapter
If party die before conveyance revivor not necessary

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

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Escaping from penitentiary or guard

Escaping from cell, hospital, or lock-up.

CONVICTS-

Burning or attempting to burn any house within the walls of the penitentiary.

Deed for more than grantor owned to operate as a conveyance of all he does own
When heir or devisee to make good the warranty of ancestor.

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

Falsely personating another in acknowledging conveyance

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Franklin circuit court has jurisdiction.

Duty of keeper of penitentiary to issue warrant for escaped convict

Reward for recapture of..

Penalty of officer for refusing to obey warrant of keeper.

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

The laws of costs not penal.

Non-residents and corporations to give security for costs

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

Suit dismissed if plaintiff fail to give security.

No judgment for costs against the Commonwealth.

Costs on continuance.

When judgment arrested, party in error to pay costs.

When pleadings amended, and cause continued, party amending to pay costs

Who to pay costs on attachment of witnesses.

Party convicted of misdemeanor to pay costs.

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When clerk to indorse costs for benefit of officers and witnesses

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No attorney's fee to be taxed if amount in controversy is less than fifty dollars.

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

To attend all county courts held in his county.

Their duty touching the rights or interest of the county

To give advice to county officers .

To attend court of claims and oppose improper claims.

To oppose improper granting of tavern licenses. .

May prosecute appeal if he thinks license is improperly granted.
To prosecute cases of riots, breaches of the peace, etc.

To oppose wrongful alteration or discontinuance of public road.
When directed by county court, to prosecute suits, etc.

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