bail. 1851. force of judgments, and, upon executions thereon, no replevy shall be allowed, and sales shall be for cash. § 713. An objection to bail for insufficiency, can only be Objection to made by motion within ten days after the return of the bail bond. § 714. An indemnifying bond given pursuant to section Indemnifying 607, to obtain a levy upon, or sale of property, in Jefferson county, under an execution from the court, shall be returned to it. bond. • Bond to sugpend sale to be § 715. A bond pursuant to section 611, to suspend a sale of property levied upon in Jefferson county, under an exereturned with cution from the court, shall be returned to it, and the proceedings authorized in section 614, may be had therein. execution. § 716. Process of the court to other counties may be isProcess to other sued and directed, and shall be executed and returned, as such process from a circuit court. counties to executed. be Sheriff may Louisville chan mean Marshal cery court. debts incurred by receiver or depositary. § 717. Wherever, by the provisions of this code, any process is to be directed to the sheriff of the county in which an action or proceeding is brought or is pending, or any act is required or permitted to be done by him, the word 'sheriff' shall, in reference to any action or proceeding in the Louisville chancery court, be taken to mean the marshal thereof. And where the marshal is a party to or interested in any action or proceeding in the court, any process therein may be directed to the sheriff of Jefferson county, or if he is interested, to the coroner or jailer thereof. § 718. A debt incurred by any person or corporation, as Priority of receiver or depositary of money paid into the court, shall rank with debts due to the commonwealth, and shall have priority over other debts owing by such receiver or depositary, and precedence over any mortgage or lien upon his property made after his appointment. Accounts shall be kept of all moneys paid into the court, and with every receiver or depositary of such moneys, by the clerk or commissioner, as may be directed by the court. Action on of § 719. An action upon the official bond of the clerk or marshal of the court, may be brought and prosecuted therefical bond of in as other actions of which it has cognizance, subject to the right of the defendant to a trial by jury. clerk or mar. shal. § 720. The court may, from time to time, prescribe and enforce rules for the orderly conduct and dispatch of the business of the court and of its officers, pursuant to the provisions of this code and of the existing laws not inconsistent therewith. TITLE XVII. RULES OF CONSTRUCTION OF THIS CODE. $721. Words used in this code in the past or present Certain words tense, include the future as well as the past and present; ferent meanings. Words used in the masculine gender include the feminine in code have dif and neuter; the singular number includes the plural, and the plural, the singular; the word person includes a corporation as well as a natural person; writing includes printing or printed paper; signature or subscription includes mark, when, the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. §722. The terms explained in the following sections of this chapter have, in this code, the significations attached to them, unless it is otherwise apparent from the context. § 723. The words "real property" mean lands, tenements, and hereditaments. § 724. The words "personal property" include slaves, money, goods, chattels, things in action, and evidences of debt. § 725. The word "property" includes property, real and personal. §726. The word "clerk" means the clerk of the court in which the action is brought or is pending, or in which the proceeding is had; and the words "clerk's office" mean his office. § 727. The words "presiding judge of the county court" signify the presiding judge of the county court of the county in which the action is brought or is pending, or in which the proceeding is had. § 728. The word "sheriff" means the sheriff of the county in which the action is brought or is pending, or in which the proceeding is had, or to which the process is directed; and where it is used in connection with any process or order, or the execution thereof, or of any ministerial act, shall be taken to signify also any other officer to whom the process or order may be directed, and who may be acting under it, or by whom the ministerial act may be performed. 1851. Terms-significations. Real property. Personal property. Property. Clerk. Presiding judge of county court. Sheriff. Coroner, justice, jailer, con § 729. The words "coroner," "justice," "jailer," and "constable," mean officers of the county in which the action is stable. brought or is pending, or in which the proceeding is had, or to which the process is directed. § 730. The words "personal representative" signify the executor or administrator of a deceased person, or the officer or other person appointed to take charge of his estate. §731. A "foreign corporation" is one created by the laws of some other state or country. §732. The words "other country" signify any part of the world out of this state. §733. The words "United States" embrace every state in the union, all the territories thereof, and the District of Columbia. § 734. The words "person of unsound mind" include every person who is an idiot, lunatic, or deranged. § 735. The word "oath" includes affirmation in any case in which it may be substituted for an oath, and in like cases the word "sworn" includes "affirmed." Personal rep. resentative. Foreign corpo. ration. Other country. United States. Person of un. sound mind. Oath. 1851. Month. Writ. Provisions of rally construed, code to be libe Laws inconsistent with this code are repeal. ed, § 736. The word "month" means calendar month. $737. "Process" is a writ or summons issued in the course of judicial proceedings. § 738. "Writ" is an order or precept in writing, issued by a court, clerk, or judicial officer. §739. The rule of the common law that statutes in derogation thereof are to be strictly construed, shall not be applied to this code. The provisions of this code, and all proceedings under it, shall be liberally construed, with a view to promote its object, and to assist the parties in obtaining justice. § 740. All statutes and laws heretofore in force in this state in any case provided for by this code or inconsistent with its provisions, are hereby repealed and abrogated; but this repeal does not revive any statute or law which may have been repealed or abolished by the statutes or laws hereby repealed; nor does it affect any right already existing, or any proceeding already taken, except as provided in this code. §741. This act shall take effect on the first day of August next. Approved March 22, 1851. Whom a man may not marry. Whom a woman CHAPTER 617. AN ACT to revise the statutes. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the following chapters of the revised statutes of this commonwealth be adopted, and that they shall become the law of the land and take effect on the first day of July, 1852. CHAPTER I. ARTICLE I. Marriage. § 1. A man shall not marry his mother, grandmother, sister, daughter, or granddaughter; nor the wife of his father, grandfather, son, or grandson; nor the daughter, granddaughter, mother, or grandmother of his wife; nor the daughter or granddaughter of his brother or sister; nor the sister of his father or mother. A woman shall not marry her father, grandfather, brother, son, or grandson; nor the husband of her mother, grandmay not marry. mother, daughter or granddaughter; nor the son, grandson, father, or grandfather of her husband; nor the son or grandson of her brother or sister; nor the brother of her father or mother. Where relationship is founded on marriage, the prohibition shall continue, notwithstanding the dissolution of the marriage by death or divorce, unless the divorce is for a cause that rendered the marriage originally illegal or void. This section includes illegitimate children and relatives. Marriages prohibited by this section are incestuous and void. § 2. Marriage is prohibited and declared void1. With an idiot or lunatic; 1851. In what cases marriage clared void. pro 2. Between a white person and a negro, or mulatto, hibited and debond or free; 3. Where there is a husband or wife living from whom the person marrying has not been lawfully divorced, with a privilege to re-marry ; 4. When not solemnized or contracted in the presence of an authorized person or society; 5. When, at the time of marriage, the male is under the age of fourteen or the female is under twelve years. §3. The issue of an illegal or void marriage shall nevertheless be legitimate, except that the issue of an incestuous marriage, found such by the conviction, judgment, or decree of court, in the lifetime of the parties, or of a marriage between a white person and a negro or mulatto, shall not be legitimate; and except, also, that where one of the parties is an idiot or lunatic, the issue shall be legitimate only as to the other party. The issue of an illegal marriage. The issue of a marriage con. tracted with the belief that the § 4. Where the marriage is contracted in good faith and with the full belief of the parties that a former husband or wife then living was dead, the issue of such marriage, born other party was or begotten before notice of the mistake, shall be the legitimate issue of both its parents. § 5. The courts having chancery jurisdiction may nullify and declare void a marriage obtained by force or fraud; or at the instance of any next friend, where the male was under the age of sixteen or the female under that of fourteen at the time of the marriage, and the marriage was without the consent of the father, mother, guardian, or other person having the proper charge of his or her person, and has not been ratified by cohabitation after that age. § 6. Where persons resident in this state shall attempt to evade the provisions of this chapter, declaring marriages void by going to and marrying in another state and afterwards return to and reside in this state, such marriage shall be deemed and treated as if solemnized in this state; but this section shall not apply to such evasion of the rule herein as to the mode of solemnization. § 7. No marriage solemnized before any person professing to have authority therefor shall be invalidated for the want of authority to solomnize marriage, if it is consummated with the full belief of the parties or either of them that he had such authority, and that they have been lawfully joined in marriage. dead. Marriages obtained by force or fraud may be declared void. 1851. Who may sol emnize marri. ages. first obtained. § 8. Marriage shall be solemnized by the following persons only- 1. Ministers of the gospel or priests of any denomination in regular communion with any religious society. 2. Judges of the county court, and such justices of the peace as the county court may authorize. 3. Or, where either party belongs to a religious society having no officiating priest or minister, whose usage is to solemnize marriage at the usual place of worship and by consent given in the presence of the society, it may be so solemnized. § 9. No minister or priest shall solemnize marriage, until License to be he has obtained a license therefor from the county court of the county where he resides, upon satisfying the court that he is a man of good moral character and in regular communion with his religious society, and upon giving covenant, to the commonwealth, with good surety, not to violate the law of this state concerning marriage. The parties to such covenant may, for a breach thereof, be fined, on the presentment of a grand jury, not exceeding two thousand dollars. Such license may be revoked by any county court, after notice to the minister or priest. 10. No marriage shall be solemnized without a license How obtained therefor issued by the clerk of a county court. It shall only issue from the clerk of the county where the female usually resides, unless she is of full age or a widow and it is issued on her own application in person or by writing signed by her. License to be returned to the clerk of county court. Certificate to be filed. § 11. If either of the parties is under twenty-one years of age and never theretofore married, no license shall issue without the consent of his or her father or guardian; or, if there is none or he is absent from the state, without the consent of his or her mother, personally given or certified in writing to the clerk over his or her signature, attested by two subscribing witnesses, and proved by the oath of one of them administered by the clerk. Nor, where the parties are not personally known to the clerk, shall a license issue until bond with good surety, in the penalty of one hundred dollars, is given to the commonwealth with condition that there is no lawful cause to obstruct the mar riage. §12. The person solemnizing the marriage, or the clerk of the religious society before whom it was done, shall, within three months, return the license to the clerk of the county court whence it issued, with a certificate of the marriage over his signature giving the date and place of celebration, the names of some two or three persons present, of whom there shall never be less than two. For failing to make such return he shall be fined sixty dollars. § 13. The certificate shall be filed away in the office and a fair register made of the parties names, of the person be |