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The record book is ruled to this pattern, and it is requested that the clerks, in making out their lists hereafter, will conform to it; nothing more is required by law. Many of the clerks never perform this part of their duty at all, and others only once in four or five years, and the object of the law is thus defeated. Hereafter, the names of delinquent clerks, will, once in every year, be reported to the court.

Few clerks pursue the law in taking the acknowledgment of femes covert, when about to convey their real estate; if they do not, the deed passes nothing. The following certificate will embrace the case where the feme intends conveying her fee simple estate, or dower either, and no other form should be introduced.

"COMMONWEALTH OF KENTUCKY, Franklin County, to-wit: I, A. B. clerk of the county court for the county aforesaid, do certify, that this deed from C. D. and his wife E. F. to G. H., was, this day, produced to me in my office by the said grantors, and ac. knowledged by the said C. D. to be his act and deed; and the said E. F., being examined by me privily and apart from her husband, declared that she did freely and willingly seal and deliver the said writing, and wishes not to retract it, and acknowledged the said writing, again shown and explained to her, to be her act and deed, and consenteth that the same may be recorded. Whereupon the said deed, fogether with the foregoing certificate, hath been duly admitted to record in my office. Given under my hand, this 1828."

day of

According to the statute in the case made and provided, the foregoing instructions have been submitted to us, the Judges of the Court of Appeals, and are approved. Given under

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our hands, this 8th

GEO. M. BIBB,

WM. OWSLEY,
B. MILLS.

[By an act of January 22, 1829, p. 138, ante, a seal is not necessary to authenticate a record to be used on trial in the Court of Appeals.]

TITLE 45.

CONFESSION OF JUDGMENT.

Powers of attorney to confess judgment, &c. general releases or error,

&c. made before suit bro't, to be void.

Penalty for appearing under such power.

One person

other may con

1796.

IN FORCE FROM FIRST JANUARY 1797.

AN ACT to reduce into one the several acts for preventing vexatious suits, and regulating proceedings in civil cases: Approved Dec. 16, 1796.-1 Litt. 491.

SEC. 7. All powers of Attorney for confessing or suffering judgment to pass by default or otherwise, and all general releases of error made or to be made by any person or persons whatsoever in this Commonwealth before action brought, (a) shall be, and are hereby declared to be absolutely null and void; and if any Attorney or other person practicing as an Attorney, shall presume to appear under such power for any defendant in any court of record within this Commonwealth, such Attorney shall, for every such offence, forfeit and pay five hundred pounds, current money, to such defendant for his own use, to be recovered with costs by action of debt or information, in any court of record: and moreover, shall be liable to an action for damages at the suit of the party grieved.

1799.

IN FORCE FROM ITS PASSAGE.

AN ACT to permit debtors to Confess Judgment in a summary way: Approved
December 21, 1799.-2 Litt. 336.

SEC. 1. Be it enacted by the General Assembly, That where indebted to an- any person shall be indebted to another by bond, bill, note, acfess judgment. count, or in any other manner, it shall be lawful for such debtor to confess a judgment for such debt, before any court having jurisdic

(a) At common law, powers of attorney in hibited by the above statute, might be given. It was usual after a bond or note was drawn, to annex a warrant of attorney to the instrument, directed to some attorney by name, or generally to any attorney at law, authorizing him to confess a judgment without process or further notice to the obligor in the bond. To restrain this

practice and destroy the validity of such instruments, the above act was passed. The words, "before action brought," apply both to the confession of judgment and the" general releases of error," and such is the true construction of the letter and spirit of the act.-Ward, &c. v. Curcier, &c. 1 Litt. 205.

tion thereof: (b) [Provided, That before the said debtor shall be permitted to confess such judgment, he shall give special bail, to be approved of by the said court, if required by the creditor, for the full amount of what is due such creditor.]

SEC. 2. And be it further enacted, That where judgment shall be confessed, and special bail given or not given, as aforesaid, the same proceedings shall be had therein, by execution, as if a suit had been brought and regularly prosecuted to a judgment; (c) and where any debtor shall go before a court having jurisdiction of such debt, and offer to give special bail and to confess judgment as aforesaid, if the creditor shall refuse to accept of such bail and confession of judgment, and shall commence suit to recover such debt, he shall pay all costs which shall accrue thereby. No judgment confessed as aforesaid shall be liable to be appealed from, superseded or reversed. (d) And all bonds, bills, notes, and other documents, which may be evidence of any such debt, shall be filed by such clerk of the said court, and safely kept in his office; any law or laws to the contrary notwithstanding.

[See act of 1796 Sec. 44 page 327 ante.]

(b) An attorney at law may refer the suit to arbitration, admit facts on the trial or in plead ing, and confess judgment.-Talbot v. McGee, &c. 4 Mon. 377.

2. After the defendant confesses judgment, it is still necessary for the court to go on and give judgment in the ordinary form. But where the court has no jurisdiction either between the parties or over the subject matter, the confession is a nullity, and no judgment can be rendered thereon. It is the consideration of the court that constitutes the judgment; it should be certain and definite, and nothing should be left to the clerk to ascertain or sum up by reference to other parts of the record; otherwise, no execution can be issued.-Bonta v. Clay, 1 Litt. 27.

(c) In a joint action against several, if one of the defendants confess judgment, and plaintiff accept his confession and take judgment against him separately, the action is thereby discontinued

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as to the other defendants, and it is error at a subsequent term to reinstate the case on the docket, and proceed to trial of the cause as to them.-Elledge,&c. v. Bowman, 5 J.J.Mar. 595.

2. To render a judgment by confession valid, the face of the record must show that all the defendants who are to be bound have actually confessed judgment, or that some of them particularly named have done so.-Ibid.

(d) This section does not embrace errors subsequent to the confession, but applies to the steps previous thereto; and every prerequisite to uphold the judgment, such as that the declaration or writing is filed, &c. is confessed by acknowledging the judgment.-Payne v. Lewis, 1 Bibb. 165.

2. When the order setting aside a judgment for costs, is itself set aside, by consent, at a subsequent term, the first judgment is restored and stands as a judgment confessed, and cannot be reversed.-Bonner, &c. v. Smith, &c. 7 Mon, 380,

TITLE 46.

CONSPIRACIES.

of bakers,brew

the rate of wa

den.

1548.

2 & 3 Edward VI. chapter 15.

The Bill of Conspiracies of Victuallers and Craftsmen.-2 Litt. 546.

any

SEC. 1. It is enacted by the king our sovereign lord, the lords Conspiracies and commons in this present parliament assembled, and by the auers, artificers, thority of the same, that if any butchers, brewers, bakers, poulterlaborers, &c. in relation to the ers, costermongers or fruiterers, shall at any time from and after the price of provi- first day of March next coming, conspire, covenant, promise, or sions, &c. or make oaths that they shall not sell their victuals but at a cerges, &c. forbid- tain price, or if any artificers, workmen, or laborers, do conspire, covenant or promise together, or make any oaths that they shall not make or do their works but at a certain price or rate, or shall not enterprize or take upon them to finish that another hath begun, or shall do but certain work in a day, or shall not work but at cerPenalty for tain hours and times, that then every person so conspiring, covefirst offence. nanting, swearing, or offending, being lawfully convict thereof, by witness, confession, or otherwise, shall forfeit for the first offence, ten pounds to the king's highness, and if he have sufficient to pay the same, and do also pay the same within six days next after his conviction, or else shall suffer for the same offence twenty days imprisonment, and shall have only bread and water for his sustenance; and for the second offence shall forfeit twenty pounds to the king, if he have sufficient to pay the same, and do pay the same within six days next after his conviction, or else shall suffer for the second Penalty for offence, punishment of the pillory; and for the third offence, shall forfeit forty pounds to the king, if he have sufficient to pay the same, and also do pay the same within six days next after his conviction, or else shall sit on the pillory and lose one of his ears; and also, shall at all times after, be taken as a man infamous, and his saying, depositions or oath, not to be credited at any time, in any matters of judgment.

Penalty for second offence.

third offence.

415

1786.

AN ACT against Conspirators.-Hening's Statutes at Large, vol. 12, p. 334; 2 Litt. 568.

Be it declared and enacted by the General Assembly, That conspirators be they that do confederate and bind themselves by oath, covenant or other alliance, that every of them sha!! aid and bear the other falsely and maliciously, to move or cause to be moved any enticement or information against another on the part the Commonwealth, and those who are convicted thereof at the suit of the Commonwealth, shall be punished by imprisonment and amercement, at the discretion of a jury.

of

Conspirators defined and punished.

TITLE 47.

CONSTABLES.

1803.

IN FORCE FROM ITS PASSAGE.

AN ACT to amend and reduce into one the several acts concerning Constables, and authorizing Coroners to summon a jury: Approved December 23, 1803.-3 Litt. 127.

Constables to

execute bond with security.

SEC. 2. Every person being appointed a constable, and accepting the appointment, shall, in his county court, enter into bond with one or more good and sufficient securities, to be approved of by the court, in the penalty of five hundred dollars, with the following condition, to-wit: "The condition of the above obligation is such, that if the above named A. B. as constable of the county of C. shall by himself, well and truly collect all officers' fees and dues the bond. put into his hands to collect, and account for and pay the same, at such time and in such manner as is directed by law, and shall well and truly execute, and due return make of all process and precepts to him directed and to him delivered, (a) and pay and satisfy all

(a) A constable executing a distress warrant issued by a justice of the peace, is justified by the warrant, though no rent was due.-Roberts, &c. v. Tennell, 4 Litt. 288.

2. In an action of trespass against a constable, where he justifies under an execution issued by a

Condition of

justice of the peace, oral testimony that such justice has acted as such for a number of years, is sufficient without record evidence.-Noland v. Moore and Cole, 2 Litt. 367.

3. A settlement between an acting constable and his predecessor, and the payment over by the

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