until tax is paid.

§ 31. No deed shall be held to be legally lodged for rec- Not legally lodged ord until the tax be paid thereon. (a)

unrecorded deeds

§ 32. It shall be the duty of each county court clerk, once Duty to advertise in each year, at the April or May term, to advertise, in writing, at the court-house of his county, a list of all deeds in his office unrecorded, and the reason why each one has not been recorded.

$33. The clerk of each county court shall make and keep an alphabetical cross-index of all conveyances heretofore or hereafter recorded in his office; and he shall, when a mortgage or deed of trust, or any other conveyance, is lodged in his office for record, forthwith place the names of the parties to the same upon the cross-index of his office.

Cross-indexes to

be made to all

deeds.

of unsound mind.

fore conveyance, not necessary to revive.

34. Nothing contained in this chapter shall be held to Infants & persons enlarge the powers of infants or persons of unsound mind. $35. If by the judgment of any court of this Common- If party die bewealth having jurisdiction thereof, real estate shall be sold, and any party to the action shall die after the sale hath been confirmed, or if any conveyance of real estate shall be or- Acts 1865. dered by such court to be made by a commissioner, and a party to the proceeding die before the conveyance is perfected, it shall not be necessary on that account to revive the action; but such sale or conveyance, when perfected, shall be effectual to pass title to the same extent as if all the parties were living.

Agent may convey estate of nonresident married

§ 36. Any married woman, resident elsewhere than in Acts 1856, 39. this Commonwealth, may, by agent, convey any interest she may have in personal or real estate, situate in Kentucky, and woman. which she could lawfully convey in person. But to make such conveyance effectual it must be made in virtue of a power of attorney, executed and acknowledged, as deeds by married women, are by law required to be.

§ 37. If a deed or power of attorney, written in any language other than the English, be produced to the proper recording officer, and offered for record, and if the person offering the same produce a correct English translation thereof, to be filed in the office and recorded with the deed or

1R. S., 286; MyUnless in the English language, not to be record

ers' Sup., 112.

ed.

(a) Unless the State tax be paid, a deed, though properly acknowledged and lodged for record, is not even constructive notice to creditors or purchasers. (Philips vs. Clark, 4 Metcalfe, 352.) But as between vendor and vendee, the legal title passes; and any subsequent purchaser, holding through the vendee, may pay tax and fees, and have the deed recorded. (Knight vs. Whitman, 6 Bush, 51.)

2. The additional enactment respecting title derived from the heirs and devisees of the grantor in an unrecorded deed, supersedes the decisions of the Appellate Court found in 6 B. M., 532, and 18 B. M., 312.)

Memorandum of

indorsed by dep

uty, may be writ

ten out by principal clerk.

power of attorney, it shall be the duty of the clerk to record, in the proper book, both the original and copy.

38. If the deputy of any county clerk shall take the Acts 1854, 157. acknowledgment of a deed or other instrument of writing, acknowledgment and indorse a memorandum thereof on such deed or instrument of writing, but shall fail from any cause to write out and sign the certificate thereof, it shall be lawful for the clerk to write out and sign the certificate, setting forth in such certificate the facts, including the indorsement, and thereupon record such deed or instrument and certificate, and the deed or instrument and the certificate shall be as good and effectual as if certified and signed by such deputy.

$ 39. The form of the certificate provided for in the foreForm of certifi- going section may be in substance as follows, varied to suit the difference in parties and nature of the deed: COMMONWEALTH OF KENTUCKY,

cate in such cases

COUNTY OF

I (A B), clerk of the county of

day of

}

sct:

do certify that on the —, 18—, this instrument of writing, from C D and E F, his wife, was produced to, deputy clerk of said county, by the parties, which was acknowledged by C D to be his act and deed, and the contents and effect of the instrument being explained to the said E F by said deputy, separately and apart from her husband, she thereupon declared that she did freely and voluntarily execute and deliver the same to be her act and deed, and consented that the same might be recorded, all which appears by an indorsement of said deputy on said deed, in words and figures as follows (here insert the memorandum): wherefore, &c.

give bond.

CHAPTER 25.

CORONERS.

§ 1. Every coroner, before he enters on the duties of his Must be sworn & office, shall be sworn to diligently and impartially discharge the duties thereof, and enter into bond to the Commonwealth in the county court, with good sureties, in substance as follows: "We, A B, coroner of county, and CD and E F, his sureties, do covenant to and with the Commonwealth of Kentucky, that the said A B shall well and truly

Form of bond.

perform every duty which may be required of him by law, during his continuance in office, and will well and truly pay over to such persons, at such times as they may be entitled thereto, any moneys that may come to his hands as coroner. Given under our hands, this day of."

§ 2. The bond shall be witnessed by the clerk or his deputy, and the sureties shall be approved by the court, and it shall be held to embrace every duty which is by law imposed on the coroner. It may be put in suit from time to time by any person injured by the acts or omissions of the coroner.

Bond must

be witnessed by the

clerk, & approved

by the court.

quest.

duties.

3. It shall be the duty of the coroner, upon request, to Duty to hold inhold an inquest upon the body of any person slain, drowned, or otherwise suddenly killed, or where any house be broken. His jury shall be composed of six good and lawful house- Jury and their keepers of the county, summoned and sworn by himself, who, upon their oaths, shall inquire and say, in writing, if they know in what manner the person came to his death, or the house broken; when, where, how, and by whom, and who were present, and who are culpable of the act.

Coroner shall ar

rest the guilty

person, or cause commit him to

it to be done, and

jail.

§ 4. If any person by such inquest be found culpable of murder, manslaughter, or of house-breaking, or of being accessory thereto, the coroner shall forthwith arrest and commit such person to the jail of the county in which the inquest was held, or cause it to be done by his precept, there to be confined and dealt with according to law. If the person has fled, the coroner, or a person deputized in writing by him, may summon aid, and pursue and apprehend him wherever he may be found in this State, and take and commit him to the jail, as above directed. $5. The coroner shall swear witnesses, and commit to He shall commit writing the substance of the evidence given before such jury, designating each witness and his testimony. He shall, fur- jury. thermore, recognize the witnesses examined before him to appear before the circuit court on the first day of the next term, and shall forthwith return the recognizances, with the inquest and testimony so taken, to the circuit court clerk's office of the county.

to writing the substance of the evidence before the

§ 6. The coroner shall bury the person over which an He shall bury the inquest is held, or deliver him to his friends, if required.

person.

cess

§ 7. He may execute process in criminal, penal, and civil May execute procases, and when so acting, the laws in regard to sheriffs shall apply to and govern him.

If coroner ceases to reside in the county, the county court shall en

ter the fact on its

record, and also

that his office is

vacated.

The coroner may

appeal from the

order declaring

his office vacant.

§ 8. Where the coroner of a county ceases to reside therein, the county court of the same shall enter the fact on its record, and also that his office is thereby vacated. Any act or omission for which the office of sheriff may be declared vacant, shall authorize the county court to declare the office of coroner vacant.

§ 9. The coroner may prosecute an appeal to the circuit court, and thence to the Court of Appeals, from the decision of the county court, to reverse any order declaring him to have vacated his office. But such appeal shall not, during its pendency, have the effect to suspend such order.

§ 10. A writ of election to fill a vacancy in the office of County judge, or, Coroner shall be issued by the county judge, or if the county judge is not at the time in the county, then by the county clerk. The election required to be held by such writ shall always be held at the next August election after the vacancy

in his absence, county clerk, to issue writ to fill vacancy.

Myers' Sup., 454.

shall fill vacancy

election.

until next August Myers' Sup., 462.

occurs.

§ 11. A vacancy in the office of coroner shall be filled by The county court the county court of the county in which it exists, until the next August election, and until the successor then chosen shall qualify; and if from any cause an election is not held, or the vacancy is not then filled, the county court shall fill the vacancy for the unexpired term, if it be less than one year.

mortem examina

tion.

§ 12. When, in the opinion of the coroner, it shall be May have a post necessary to have a post mortem examination of a dead person during an inquest, he may employ a competent surgeon or physician for that purpose. The court of claims of the county in which the services may be rendered shall allow expenses the surgeon or physician a reasonable sum therefor. The expenses of inquests and post mortem examinations held in the cities of Louisville and Covington shall be paid by them.

How paid.

I R. S., 286.
Poor persons.

CHAPTER 26.

COSTS.

§ 1. A poor person residing in this State may be allowed by a court to prosecute or defend actions therein, without paying cost, whereupon he shall have any counsel that the court may assign him; and from all officers all needful services and process, without any fees, except such as may be included in the costs recovered from the opposite party.

§ 2. The laws of costs are not penal.

Law-how con. strued.

give security.

§ 3. When a non-resident or any corporation shall insti- Non-residents to tute an action in any court, whether suing in his own right or as the representative of another, he shall, before the commencement thereof, give bond, with surety resident in this R. S., 287. State, payable to the defendant, to pay all costs that may accrue in consequence thereof, either to the opposite party or the officers of court. (a)

Plaintiff remov

ing to give secu

rity for costs.

§ 4. If a plaintiff, in his own right or in his representative character, pending an action, remove from this State, he shall give bond, with surety, for the costs of the action. § 5. If the plaintiff fail to give surety for costs, as required Action to be disby the provisions of this chapter, his action shall be dismissed.

missed.

costs against the

§ 6. If the Commonwealth shall be unsuccessful in any No judgment for case prosecuted in her own right, no judgment for costs Commonwealth. shall be rendered against her.

§ 7. If a party to an action obtains a continuance, he shall Costs on continpay the costs accruing at that term.

uance.

§ 8. When a judgment shall be arrested, the party com- Costs on arrest of mitting the error shall be adjudged to pay the costs occa

sioned thereby.

judgment.

Costs on amendments and continuance.

$9. When the pleadings in an action shall be amended by R. S., 288. either party, and such amendment shall be the ground of a continuance, the party making such amendment shall pay the costs of the term.

§ 10. When a witness is attached, he shall pay the costs On attachment of of such attachment, unless it appear, from evidence, he is

free from neglect or blame; then the party, if in a civil action, moving the attachment, may be adjudged to pay the costs thereof.

witness.

§ 11. A defendant convicted of a misdemeanor shall be To pay costs if adjudged to pay the costs.

12. The party succeeding in any civil action, on the merits or otherwise, shall recover costs, unless differently provided in this chapter. If the plaintiff shall succeed against part of the defendants and not against others, he

convicted of misdemeanor.

How costs regu

lated in equity

suits.

(a) An attorney for a non-resident, who prays and prosecutes an appeal to the Court of Appeals, is not responsible for costs, even if no bond is given. (Chrismas vs. Russell, 2 Metcalfe, 112-14.)

2. He is liable for costs in the inferior courts if he cause process to issue in an action in which, by law, the plaintiff could be required to give surety for cost, and none is given. (Idem, 114.)