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Auditor may employ attorneys and agents

to prosecute such suits, and transact bu

tion.

or either of them, may be brought in the general court or in the circuit court of the county in which any land which may be the subject of controversy may be, or in which the defendant or defendants or either of them may live or be found; it shall be lawful for the auditor for the time being, and it is hereby made his duty to cause such suits to be brought whenever he shall be of opinion the Commonwealth will be benefited thereby. And for the purpose of prosecuting such suit or suits with effect, he is hereby authorized and empowered to employ one or more attorney or attorneys to attend to and prosecute such suit or suits, and one or more agent or siness relating agents to transact all or any business relating thereto out of court, thereto, and agree in writing and to agree by a written contract with such attorney or attorneys, for a compensa- agent or agents, for a certain compensation to be paid out of the public treasury, when the business, which he or they have undertaken, be completed; or for a sum to be paid in case of success, or for a per cent. on the money actually collected by virtue of such suit If compensa- or suits: Provided however, such conditional compensation so agreed tion be condi- to be paid to the attorney or attorneys, and agent or agents, in one cause shall not exceed the sum of twenty per cent. on the first three hundred dollars, and ten per cent. on the residue of the money actually collected by virtue of such suit: Provided also, That nothing residue collect in this act shall authorize the attorney general to receive any other Officer collect- compensation for any suit he may prosecute on behalf of the Coming the money monwealth, than is now allowed by law. Nothing in this act connot to pay it to tained shall authorize any agent or attorney employed by the auditor to receive the money collected on behalf of the Commonwealth, but the same shall be paid into the treasury by the officer who may collect it, as heretofore directed by law. When any agent or attorney employed by the auditor, in pursuance of this act, hath performed the services stipulated by him to be performed, the auditor shall issue his warrant on the treasury for the sum such agent or attorney shall be entitled to, which shall be paid by the treasurer.

tional, not to

exceed 20 per

cent on the first $300, and 10 per cent. on the

ed.

agent or attor

ney, but into the treasury.

When agent

or attorney has performed the services,

war

rant to be issued

by the auditor in their favor.

1813.

Sheriffs and collectors to

have until first

IN FORCE FROM ITS PASSAGE.

AN ACT remitting certain damages to Sheriffs of this Commonwealth, and altering the December term of the General Court: Appproved Feb. 1, 1813.--5 Litt. 45. SEC. 3. And be it further enacted, That the respective sheriffs Monday in De- or collectors of the public revenue shall hereafter have until the first Monday in December in each year to pay the amount thereof into the public treasury, any law to the contrary notwithstanding.

cember to pay

revenue into the

1815.

IN FORCE FROM ITS PASSAGE.

AN ACT altering the December term of the General Court, and regulating motions against delinquent Clerks, and for other purposes: Approved February 8, 1815. 5 Litt. 284.

SEC. 3. Be it further enacted, That if a court shall not be held at any term prescribed by law, all motions authorized to be made without notice, at such term, may be made in like manner, at the next term at which a court shall be holden.

And whenever a notice shall be given in a suit of the Commonwealth, of a motion to be made at any term of said court, at which a court shall not be held, such motion may without any other notice be made on the corresponding day of the next term at which a court shall be held.

1831.

When court is not held, mo

tions to be made at the succeeding court without notice. When notice

of motion given to such term, it may be made on corresponding day of next

term.

IN FORCE FROM ITS PASSAGE.

AN ACT to regulate the mode of accounting for taxes received by Clerks, &c. on law process, deeds, seals, &c. collected for revenue purposes: Approved December 13, 1831.-Session Acts, p. 113.

SEC. 4. Be it further enacted, That on or before the first day of January in each year, it shall be the duty of the several clerks or other officers named in this act, to return to the auditor of public accounts, an account, containing the aggregate amount of the taxes received as aforesaid, for revenue purposes; and in case of a failure thereof, shall be subject to any fine, in the discretion of the court, not exceeding the penalty of their bonds, recoverable by motion of the auditor of public accounts, in the general court. And if any clerk or other officer, after returning their accounts of taxes received, shall fail to pay into the treasury any money by him payable there, on or before the first day of January in each year, the auditor of public accounts shall, on the third day, or any subsequent day of the June term (e) of the general court, move for judgments against such clerks or other officers, and his securities, for the amount due from him; and a memorandum shall be lodged by the auditor, with the clerk of the general court, on or before the third day of the term, mentioning what clerk, or other officers, he means to move against, and the days the motions are to be made against each: and the court shall proceed and enter up judgment for what may appear unpaid against such clerk or other officer, and his securities, as heretofore

(e) Now August term -See note (a) to this title, ante, p. 345.

The several

clerks, &c. to return to audi

tor an account of the aggregate amount receiv

ed by them repreceding year. spectively, for

Penalty for a

failure of duty.

be had against Judgment may them and their securities, for a failure to pay

the amount into

the treasury.

No notice ne

cessary.

Proviso.

directed by law, on motions, except that no notice, of any kind, shall be required; and except that such judgments shall be for the principal sums due, with an interest at the rate of eighteen per cent. per annum, from the time the same shall become due, until paid. But nothing in this act contained, shall prevent a clerk or other officer, from appearing and making any defence, except the want of notice, which he could make, before the passage of this act; and if the auditor should not make such motion, at the first court after such failure, he shall give ten days' previous notice, as heretofore, to such clerk or other officer, before he moves for such judgment, whether in case of a failure to return his accounts or to pay the amount of such account, after he has returned it. Five per cent. shall be allowed for collection of all money received by the clerks of courts and secretary of state, for revenue purposes, under this act. SEC. 5. Be it further enacted, That if any county court clerk shall fail to return to the auditor of public accounts, the sheriff's courts for fail- bond (ƒ) for the collection of the revenue, each year, on or before ing to return the the first day of June, or should fail to return to the auditor of public for the collec- accounts, the commissioner's books, each year, on or before the first tion of revenue, day of December, he shall be fined the sum of three hundred dollars; sioner's books, in each case, recoverable by motion, in the general court, in the same manner as failing to account for taxes received, and without notice. All acts and parts of acts, that come within the purview of this act, A repealing shall be, and the same are hereby repealed.

Commission allowed clerks,

&c.

Penalty on

clerks of county

sheriff's bond

or the commis

in due time.

clause.

(ƒ) Under a law from which the above is nearly a literal transcript, it is decided that a motion will not lie against the clerk of a county

court for a failure to certify to the auditor the default of a sheriff to give bond for the revenue. Com'lth v. Craig, 6 Mon. 45.

TITLE 42.

CLAIMS ON THE TREASURY.

1794.

IN FORCE FROM ITS PASSAGE.

Governor may

offer a reward not exceeding $500, for any person charged with treason,

murder, or other capital crime, fleeing from justice.

AN ACT authorizing the Governor to offer a reward for apprehending criminals
in certain cases: Approved December 13, 1794.-1 Litt. 234.
SEC. 1. Be it enacted by the General Assembly, That if any
person charged with, or convicted of treason, murder, or other cap-
ital crimes, shall break prison, escape, or flee from justice and ab-
scond or secrete himself; that in such case it shall be lawful for the
governor for the time being, if he shall judge it necessary, to offer
any reward not exceeding five hundred dollars, for apprehending
and delivering such person into the custody of such jailer as he
may direct. And the person or persons so apprehending and de-
livering any such person as aforesaid, and producing the jailer's
receipt for the body of such person to the court of oyer and ter-
miner, it shall be their duty to certify to the auditor of public
counts, that such person or persons are entitled to the reward upon
the facts being proved to them, and the auditor shall issue his war- reward.
rant on the treasurer for the payment thereof.

1796.

ac

Court certifying

that the person is apprehended, auditor to issue

his warrant for

amount of the

IN FORCE FROM ITS PASSAGE.

AN ACT to reduce into one the several acts concerning the examination and trial of criminals, grand and petit juries, venires, and for other purposes: Approved December 17, 1796.-1 Litt. 472.

SEC. 30. The several courts of quarter-sessions within this commonwealth having jurisdiction in the examination of criminals, shall annually cause to be certified to the auditor of public accounts, all claims for expenses accruing from the examination and trial of criminals, for the guard and maintenance of criminals in their counties, [for misdemeanors or breaches of the peace,]* and all other charges properly chargeable to the public, together with the vouchers on which such claims have been allowed; and the auditor is

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hereby authorized and required to liquidate and adjust the said claims, and to grant warrants on the treasury to the respective claimants for the amount of their claims.

1797.

one or more

persons to car

IN FORCE FROM FIRST DAY OF MARCH.

AN ACT authorizing the Governor to employ expresses: Approved February 27, 1797.-1 Litt. 649.

SEC. 1. Be it enacted by the General Assembly, That the GovThe governor ernor may, and he is hereby authorized, when to him it may seem may employ necessary, to employ one or more persons to carry his dispatches to any place within this state, or to the executive of any of the adjary dispatches, cent states, and make such expresses any allowance, not exceeding allowance not four-pence per mile for going, and four-pence per mile for returning exceeding four for their services; and the auditor of public accounts is hereby directed to issue his warrant on the treasurer for red in compliance with this act.

and make an

re

pence per mile going and turning.

What shall

be deemed sufficient jail.

a

1798.

any expenses incur

IN FORCE FROM FIRST OF MARCH.

AN ACT to reduce into one the several acts establishing District Courts in this
Commonwealth: Approved February 12, 1798.-2 Litt. 130.

SEC. 25. To prevent doubts concerning what shall be taken to be a sufficient jail, Be it further enacted, That when the judges of a district court shall receive a county jail as a sufficient jail for the district, and cause the same to be entered on their records, the county thereafter shall be no longer chargeable for the expense of guards. Guards, in SEC. 26. The expense of guarding prisoners in the district jails certain cases, in other cases, shall be paid out of the treasury, for which the audito be paid out of the treasury. tor shall grant warrants upon a certificate from the district courts.

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IN FORCE FROM FIRST OF MARCH 1798.

AN ACT to reduce into one the several acts concerning the Auditor and Treasurer:
Approved February 6, 1798.-2 Litt. 135.

[SEC. 13.] "And the auditor and treasurer shall be allowed fuel, presses, blank books, paper, and other implements necessary for the use of their respective offices, to be paid out of the public treasury, on the governor's approving and certifying their accounts; and the auditor shall issue warrants on the treasurer for payment accordingly..

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