be duly registered according to law, but no sale thereunder shall be made without giving at least twenty days' public notice of the time and place of such sale.

Code, ss. 1273, 1274; 1870-1, c. 277, ss. 1, 2. For fees for probate and registration, see sections 2773, 2776. For joinder of chattel mortgage and lien bond, see section 2055. See also section 982. Mortgages good inter partes without registration: Williams v. Jones, 95-504; Robinson v. Willoughby, 70-363; Leggett v. Bullock, 44-283; Pike v. Armistead, 16111. Mortgage may be registered after death of mortgagor: Williams v. Jones, 95-504. Registration of mortgage after commission in bankruptcy is good against assignee. Ibid. Where husband mortgaged horse, but not registered until after his death, and prior to registration horse assigned to widow as part of year's support, widow took property subject to mortgage lien: Williams v. Jones, 95-504.

Assignment of chattel mortgage need not be registered under section: Hodges v. Wilkinson, 111-56. Mortgages are, as between parties thereto, when registered, effectual from their delivery: Brem v. Lockhart, 93-191. As to where mortgages to be registered, see under section 982.

As bearing upon section, see Thomas v. Cooksey, 130-151; Chemical Co. v. Johnson, 98-123.

1041. Mortgages of household and kitchen furniture. All conveyances of household and kitchen furniture by a married man, made to secure the payment of money or other thing of value, shall be void, unless the wife join therein and her privy examination be taken in the manner prescribed by law in conveyances of real estate.

1891, c. 91. Section not applicable to note signed by husband and wife binding her separate personal property: Harvey v. Johnson, 133-352and not applicable to absolute sale of such property, Kelly v. Fleming. 113-133-but only to conveyance by chattel mortgage or other way by which lien can be fixed thereon, as by deed of trust or conditional sale, Ibid. As to sufficiency of instrument to convey property under section, see Kelly v. Fleming, 113-133.

XIII. MORTGAGE SALES.

1042. Advertised at courthouse door. All property, real and personal, sold under the terms of any mortgage or other contract, expressed or implied, whether advertised in some newspaper or otherwise, shall be advertised by posting a notice at some conspicuous place at the courthouse door in the county where the property is situated, such notice to be posted for at least twenty days before the sale, unless a shorter time be expressed in the contract.

1889, c. 70.

For notice of sale under chattel mortgage, see section 1040. See also section 641. Presumption is that sale properly advertised: Cawfield v. Owens, 129-288. Parties may affix such terms and conditions to mortgage

as they see fit, provided creditors or others interested at time not affected thereby: McIver v. Smith, 118-73.

Expense of advertising charged as cost against the land: Turner v. Boger, 126-300.

1043. Description of property in advertisements. In sales of real estate under deeds of trust or mortgages, it shall be the duty of the trustee or mortgagee making such sale to fully describe the premises. in the notice required by law, substantially as the same is described. in the deed or authority under which said trustee or mortgagee makes such sale.

1895, c. 294.

1044. Power of sale barred when. The power of sale of real property contained in any mortgage or deed of trust for the benefit of creditors shall become inoperative, and no person shall execute any such power, when an action to foreclose such mortgage or deed of trust for the benefit of creditors would be barred by the statute of limitations. Wherever an action to foreclose any such mortgage or deed of trust in now barred by the statute of limitations, the authority to execute the power of sale contained therein shall be barred on the first day of January, one thousand nine hundred and

seven.

Revisal, 1905. Statute of limitations does not begin to run against principal of mortgage of land until due, and power of sale contained in mortgage may be exercised within ten years after maturity of principal: Scott v. Lumber Co., 144-44-and statute does not begin to run upon default in payment of annual interest upon principal, when power of sale in mortgage is optional with mortgagee upon default of either interest or principal of debt, Ibid. Section changes law as laid down in Menzel v. Hinton, 132-660; Cone v. Hyatt, 132-810. Where debt payable in two installments, payable at different times, creditor may wait until second installment due, and statute of limitations will not begin to run until that time: Cone v. Hyatt, 132-810; see also Capehart v. Dettrick, 91-344. Power of sale in mortgage not affected by mortgagor's death, and may be exercised without notice to heirs: Carter v. Slocomb, 122-475.

XIV. REVOCATION AND DISCHARGE.

1045. Deeds to persons not in esse revoked. The grantor in any voluntary conveyance in which some future interest in real estate is conveyed or limited to a person not in esse, may at any time before he comes into being, revoke by deed such interest so conveyed or limited. This deed of revocation shall be registered as other deeds; and the grantor of like interests for a valuable consideration may, with the joinder of the person from whom the consideration moved, revoke said interest in like manner.

1893, c. 498.

1046. Mortgages and deeds of trust released, how. Any deed of trust or mortgage which hath been or which hereafter may be registered in the manner required by law, may be discharged and released in the following manner, to-wit:

1. The trustee or mortgagee or his or her legal representative, or the duly authorized agent or attorney of such trustee, mortgagee or legal representative may, in the presence of the register of deeds or his deputy, acknowledge the satisfaction of the provisions of such deed of trust or mortgage, whereupon it shall be the duty of the register or his deputy forthwith to make upon the margin of the record of such deed of trust or mortgage an entry of such acknowledgment of satisfaction, which shall be signed by the said trustee, mortgagee, legal representative or attorney, and witnessed by the register or his deputy, who shall also affix his name thereto; or,

2. Upon the exhibition of any mortgage, deed in trust or other instrument intended to secure the payment of money, accompanied with the bond or note, to the register of deeds or his deputy, where the same is registered, with the endorsement of payment and satisfaction appearing thereon by the payee, mortgagee, trustee or assignee of the same, the said register or his deputy shall cancel the mortgage or other instrument by entry of "satisfaction" on the margin of the record; and the person so claiming to have satisfied the debt may retain possession of the bond and mortgage or other instrument: Provided, if the register or his deputy shall require it he shall file a receipt to him showing by whose authority the mortgage or other instrument was cancelled.

Every such entry thus made by the register of deeds or his deputy, and every such entry thus acknowledged and witnessed. shall operate and have the same effect to release and discharge all the interest of such trustee, mortgagee or representative in such deed or mortgage, as if a deed of release or reconveyance thereof had been duly executed and recorded.

Code. s. 1271; 1891, c. 180; 1893, c. 36; 1901, c. 46; 1870-1, c. 217. Attorney can not cancel or discharge mortgage unless authorized by client: Christian v. Yarborough, 124-72-but if client, after being informed, retains benefit from the unauthorized action of his attorney, it is a ratification, Ibid.

Trustee has no power hereunder to release portion of premises from an unsatisfied trust: Woodcock v. Merrimon, 122-731; Brown v. Davis, 109-23 -but if he is authorized to do so, he should state his authority, the consideration for the release, and the name of the grantee. Ibid.

Entry of satisfaction of a mortgage on margin or registry, witnessed by register of deeds, is competent evidence of payment of debt secured thereby: Robinson v. Sampson, 121-99. Purchaser at sale made in pursuance of mortgage, without notice of unrecorded release of timber rights in land, obtains good title: Barber v. Wadsworth, 115-29; Lumber Co. v.

Dail, 111-120. Mortgage can only be released so as to affect purchasers at sale by cancellation hereunder, or by reconveyance duly recorded: Barber v. Wadsworth, 115-32. Where decree adjudges deed void, no marginal cancellation, as in case of mortgages and deeds of trust, is required, but same is commendable practice: Smith v. King, 107-273. When mortgage debt has been satisfied, mortgage is no longer operative, though not marked satisfied of record: Blake v. Broughton, 107-220; Walker v. Mebane, 90-259. Release of debt secured by mortgage need not be under seal: Adams v. Battle, 125-158.

Section merely referred to in Bank v. Mfg. Co., 96-305.

CHAPTER 19.

CORONERS.

1047. How elected; clerk appoints for special cases. In each county a coroner shall be elected by the qualified voters thereof, as is prescribed for members of the general asembly, and shall hold their offices (his office) for two years. # * When there is no coroner in a county, the clerk of the superior court for the county may appoint one for special cases.

Const., Art. IV, s. 24. In case of a vacancy the county commissioners appoint, see section 1321.

1048. Oath of office to be taken. Every coroner, before entering upon the duties of his office, shall take and subscribe to the oaths prescribed for public officers, and an oath of office.

Code, s. 661.

1049. Vacancy, clerk may appoint special. Whenever there is a vacancy existing in the office of coroner in any county, and it shall be made to appear by the affidavit of some responsible person that a deceased person whose body has been found within the county probably came to his death by the criminal act or default of some person, it shall be the duty of the clerk of the superior court of such county to appoint some suitable person as special coroner to hold an inquest over the body of the deceased.

1903, c. 661.

1050. Powers, penalties and liabilities of special. The special coroner appointed under the provisions of the preceding section shall be invested with all the powers and duties conferred upon the

several coroners in respect to holding inquests over deceased bodies, and shall be subject to the penalties and liabilities imposed on the said coroners.

1903, c. 661, s. 2. See section 299.

It shall be

1051. Holds inquests; when physician summoned. the duty of the several coroners, whenever it is made to appear, by the affidavit of some responsible person, that the deceased probably came to his death by the criminal act or default of some person or persons, to go to the place where the body of such deceased person is and forthwith to summon a jury of six good and lawful men: whereupon the coroner, upon oath of said jury at the said place, shall make inquiry when, how and by what means such deceased person came to his death, and his name if it was known, together with all the material circumstances attending his death; and if it shall appear that the deceased was slain, then who was guilty either as principal or accessory, if known, or in any manner the cause of his death. And as many persons as are found culpable, by inquisition in manner aforesaid, shall be taken and delivered to the sheriff and committed to jail; and such persons as are found to know anything of the matters aforesaid and are not culpable themselves, shall be bound in a recognizance with sufficient surety to appear at the next superior court to give evidence; of all which matters and things the coroner must make a record of his inquisition signed by the jurors, and return the same to the next superior court of his proper county. It shall be the duty of every coroner, when the jury investigating the case shall require it, to summon a physician or surgeon, except that in Buncombe county, when the coroner is a physician or surgeon, he shall, if requested by one or more of the jurors, make the investigation.

Code, s. 657; 1903, c. 586; 1899, c. 478; 1905, c. 628.

INQUEST. Time of death of party must be sufficiently stated, inferred from State v. Morgan, 86-731, 85-581. The inquest is the court of the coroner: State v. Knight, 84-789. Justice of peace can not administer oaths at: Ibid-but witness must be sworn by coroner, Ibid. Proceedings at inquests discussed: Ibid.

1052. Acts as sheriff, when; special coroner. If at any time there be no person properly qualified to act as sheriff in any county, the coroner of such county is hereby required to execute all process and in all other things to act as sheriff, until some person shall be appointed sheriff in said county; and such coroner shall be under the same rules and regulations, and subject to the same forfeitures, fines, and penalties as sheriffs are by law, for neglect or disobedience of the same duties. And if at any time the sheriff of any