1802. Enacting clause. Clerks of the general and district likewise to the auditor. ference of salary formerly received, and that which was received since the first of January, one thousand eight hundred and two, amounting to fifty-one dollars, sixty-six cents, each quarterly payment, to Joseph Jackson, clerk of accounts in the auditor's office; and that the salary of the clerk of accounts be, and the same is hereby raised equal to that received by the first clerk in the said office. (a) 2. This act shall commence and be in force from and after the passing thereof. CHAP. IV. An Act to provide more effectually for the collection of fines for the use of the Commonwealth.* [Passed January 12, 1803.] 1. E it enacted by the General Assembly, That if the clerk of the general court, or the clerk of any district court, shall fail to courts to trans- transmit to the sheriffs, lists of fines imposed by the said courts to the mit lists of fines use of the commonwealth, or to transmit copies thereof to the auditor to sheriffs and of public accounts, as now required by law; or if no such fines shall be imposed by such courts within the year preceding the period before which he ought to transmit such lists, and such clerk shall fail to certify to the auditor accordingly, he shall, for every such failure, forfeit and pay one hundred and fifty dollars, to be recovered by the auditor of public accounts on motion in the general court, to be applied to the use of the commonwealth, upon the parties having ten days previous notice of such motion. Penalty for ne glect of duty and how recovered & appropriated. ary, Clerks of the 2. And be it further enacted, That the clerks of the several councounty and cor- ty and corporation courts, shall annually, before the last day of Januporation courts instead of the first of July, transmit to the sheriffs a list of all subject to the same duty, &c. as fines imposed by their respective courts in the year next preceding, clerks of the ge- to the use of the commonwealth, and certify copies of such lists to neral and district the auditor of public accounts; and the said sheriffs shall collect, le courts. vy and account for the said fines in the same manner and upon the same conditions, and be liable to the same penalties for failure therein, recoverable in like manner, as if they had been imposed by the general court, or a district court. How fines collec- 3. And be it further enacted, That all fines heretofore collected by ted and not paid the sheriffs of this commonwealth, or by any attorney prosecuting for into the treasury the commonwealth, and which shall not be paid into the treasury on may be recoveror before the first day of January next, shall be recoverable by the auditor, on motion in the general court, in the same manner as is directed by law for the recovery of the public taxes. ed. Clerks to issue writs against de inquents. Commencement. 4. And be it further enacted, That the clerk of any court imposing a fine to the use of the commonwealth, shall, immediately after the term at which such fine was imposed, issue a writ of fieri facias or capias ad satisfaciendum against the defendant or delinquent for the amount of such fine, which execution shall be directed, levied and accounted for as in other cases of executions on behalf of the commonwealth, and in every such case, the clerk shall note in his list of fines, that execution did issue for such fine or fines. 5. This act shall be in force from the passing thercof. (a) See Revised Code, vol. 1, ch. 212, pa. 368. *See R. Code, v. 1, ch. 65, pa. 71, sec. 17-ch. 66, pa. 83 sec. 63-ch. 67, pa. 93, sec. 74 This act further amended by act of 1805-see post ch. 76-see also, post ch. 24, sec. 3 1. CHAP. V. An Act for altering the time of holding Elections.† [Passed January 13, 1803.] 1802. BE it enacted by the General Assembly, That the elections of Days for holding the members of the legislature of this commonwealth, and elections. of the members of the house of representatives of the United States, to which state is entitled, shall be held in the several counties and corporations, on their respective court days in the month of April. The meeting of the returning officers conducting the elections Officers conduc. of senato, shall be within five days, (a) and of members of con- ting elections, gress, within ten days (b) after the last day of said elections, at the where and what courthouse of the county, the name of which is first mentioned in the law describing the district, and the said returning officers shall in all respects be governed by the rules and regulations at present established by law. time to meet, A freeholder shall only give one vote in a dis 2. Be it further enacted, That no freeholder shall vote more than once for a senator or member of congress in the same district, at any trict for a senator one election. or member of congress. 3. This act shall commence and be in force from and after the Commencement. passing thereof. 1. CHAP. VI. An Act for the distribution of Arms in certain cases.* [Passed January 13, 1803.] WHEREAS the distribution of arms to certain towns has Preamble. not been deemed completely adequate to the purpose intended, and the security of the good people requires, that some further steps should be taken, to enable them effectually to defend themselves in certain emergencies. 2. Be it therefore enacted, That the governor with the advice of Executive to dis the council of state, be, and he is hereby authorised, at his discretion, tribute aris to arm such volunteèr companies, and troops of cavalry, being com plete, as from their particular situation may require it. 3. This act shall commence and be in force from and after the Commencement. passing thereof. CHAP. VII. ¦ An Act to amend an act, entitled “An act to impose certain taxes on WH law process, and for other burposes." [Passed January 14, 1803.] HEREAS it is represented to this general assembly, that sun- Preamble. † See R. Code, vol. 1, ch. 17, page 19-chap. 232, page 379.--chap. 250, pa. 391. (a) Formerly 20 days. See Revised Code, vol. 1, chap. 17, sec. 8. Afterwards altered to 5 days. See Revised Code, vol. 1, chap. 250, sec. 5. (b) Formerly 8 days. See Revised Code, vol. 1, chap. 304, pa. 433, sec. 4. See Revised Code, vol. 1, chap. 263, pa. 400, as to the distribution of arms among the militia. Also, acts of 1803, post chap. 36, sects. 57,58, 59, 60, 61, 62— Further provision for the distribution of arms by act of 1805, post chap. 84-see also, post chap. 112. Arms to be distributed to certain towns by act of 1800, chap. 45, pa. 24. Some of the provisions of this act being of a permanent nature, it was thought best to publish the whole law. 1302. Time fixed for all 1st Oct.lest to be accounted for. the treasury the money received by them, by virtue of❝ An act to impose certain taxes on law process, and for other purposes," passed the twenty-third day of January, one thousand seven hundred and ninety-nine, and no remedy is given by the said act, by which payment can be enforced. 1. Be it therefore enacted, That each notary public, who has not taxes receivedly heretofore accounted for and paid into the treasury d mount of notaries public taxes received by him. Irevious to the first day of October fast, shall, previous to the on or before, the first day of October next, account upon oth to the auditor of public accounts, for the amount of all taxes received, or which ought to have been received by him, by virtue of the above recited act, up to the time of accounting, and pay the same into the treasury, deaucting thereout five per centum for receiving and paying the same; and if any notary public shall fail to account for, and pay the taxes aforesaid according to this act, he shall forfeit and pay for the use of the commonwealth, the sum of five hundred dollars, to be recovered by the auditor on motion at the next succeeding general court, with costs, upon ten days previous notice thereof. Penalty for faiLure and how re covered. Time fixed for all Lotariespublic to account for taxes A person taking a false oath be 2. Be it further enacted, That every notary public shall upon oath, on or before the first day of October in each year, account for the taxes imposed by law on every attestation, protestation, or other instruments of publication under his seal of office, received, or which ought to have been received by him, to the auditor of public accounts, and pay the same into the treasury; and shall be allowed the same commissions, and be subject to the same penalties and forfeitures, and be proceeded against in the same manner, as are given and prescribed by the first section of this act. 3. Be it further enacted, That in all cases where it be necesfore a notarypub. sary to the due and legal execution of any writing or document whatlic shall be consi- ever, to be attested, protested, or published, under the seal of his dered guilty of office, any notary public may administer an oath, and make certifiperjury. cate thereof, which shall have the same effect as if administered and certified by a justice of the peace; and any person making a false oath before a notary public, shall be guilty of perjury in like manner as if the same was made before any justice of the peace of this commonwealth, and be subject to the like penalties, forfeitures and disabilities, as are prescribed by law in the case of wilful and corrupt perjury. justices to appoint constables, 1. CHAP. VIII. An Act concerning Constables.* [Passed January 21, 1803.] BE it enacted by the General Assembly, That the justices in the several counties and corporations within this commonwealth, who shall give shall, in the month of June next, or so soon thereafter as shall be con bond & security. venient, appoint so many fit and proper persons as they may think necessary, to serve as constables within the same for the term of two years; and every person so appointed, shall, at the next court to be held for his county or corporation, take the oaths prescribed by law, and enter into bond with two approved securities in the penalty of five hundred dollars, (a) payable to the governor and his successors, * Amended by act of 1806-see post chapter 98. (a) By act of 1806, post chap. 98, sec. 1, not less than five hundred, nor mora than fifteen hundred dollars. with condition that he shall well and truly discharge the duties of the office of constable, in the county or corporation for which he has been so appointed; that at the end of every two years, the justices in each county and corporation as aforesaid, shall make a like appoinment, and the person so appointed a constable, whether he has beiere served or not, shall in like manner take the oaths prescribed by law, and enter into hand with security as aforesaid; that in case of the death, resignation or removal of any constable, the justices shall like manner, make a new appointment, for the purpose of supplying the vacancy, and the person so appointed a constabie, shall take the oaths prescribed by law, and enter into bond with security as afcresaid; that every such bond shall be recorded in the court wherein it shall be executed, and may be sued in the same manner as sherif's' bonds; that if any person so appointed shall perform any of the duties of his office before he takes the oaths and enters into bond as aforesaid, he shall forfeit fifty dollars for the use of the county or corporation in which he resides, to be recovered by action of debt, in the name of the governor for the time being, with costs. Provided nevertheless, That nothing herein contained shall be construed to prevent any justice of the peace from appointing any person to act as constable in criminal cases as heretofore. 1809. 2. And be it further enacted, That the fees of constables shall be as Their fees. follows; for serving a warrant, thirty cents; for summoning a witness, twenty-one cents; for summoning a coroner's jury and witnesses, three dollars and fifteen cents; for putting in the stocks, twenty-one cents; for whipping a slave, to be paid by the owner, fortytwo cents; for serving an attachment returnable Lefore a justice, sixty-three cents; for summoning every garnishee on an attachment, Iwenty-one cents; for selling property taken by execution or attachment, where the amount does not exceed five dollars, twenty-five cents, and when the amount exceeds that sum, five per centum on the balance, and when the property is not sold, but the money paid to him, the same fees as if sold; for serving an attachment to a county court, against a debtor removing his effects out of the county, sixty-three cents; for serving a warrant of distress, sixty-three cents; for serving attachment for rent accruing and becoming due under any lease or other contract, sixty-three cents; and for every bond taken from the purchaser or purchasers of any property sold under the act directing the sales of property distrained for rent, sixty-three cents; for removing any person suspected to become chargeable to the county, to be paid by the overseers of the poor, for every mile four cents; for carrying any person to jail upon a warrant from a magistrate, for every mile ten cents. Any process of attachment against absconding debtors, or against a tenant or tenants for rent under any lease or other contract, may hereafter be executed and returned by a constable in the same manner as by law sheriffs are directed to execute and return the same. 3. And be it further enacted, That if any constable shall fail to Penalty for fai pay any money or tobacco received by him by virtue of his office, lure of duty. to the person or persons to whom the same ought to be paid, at the time when by law he ought to pay such money or tobacco, it shall be lawful for any justice of the peace, upon application of any per • Fees of constables altered from acts of 1792-see Rev. Code, vol. 1, pa. 219, sec. 8-See post chap. 59, sec. 2, allowance to constables for arrests, summoning witnesses and guards in criminal cases. 100%. How fees may be eollected. Property taken son or persons to whom such money or tobacco ought to have been paid, and upon ten days notice having been given to such constable, to award execution against him for the debt, interest and costs, which ought so to have been paid by him, together with legal interest thereon, from the time he ought to have paid the same, notwithstanding the amount thereof shall exceed ten dollars, which execution shall be directed to the sheriff of the county, to be by him served in the same manner as in the case of executions issued against sheriffs for like delinquencies, and directed to coroners.† 4. And be it further enacted, That the fees allowed by law to constables, and due for services rendered to persons residing out of the county or district, in which such constable hath been appointed, shall be hereafter delivered by them to the sheriff or other officer of the county or corporation, by whom the same shall be collected and accounted for in the same manner as is provided in the case of sheriffs' fees, and in case of failure on the part of such sheriff or other officer, to collect and account for the same, they shall be liable to motion for the same, in the same manner as is provided in the case of other fees, put into their hands for collection: Provided however, That nothing herein contained shall be construed to prevent a constable from collecting or distraining for any fees due him within the precinct of the county, for which he is appointed. 5. And be it further enacted, That it shall be the duty of every under execution constable levying an execution, to advertise the property taken by to be advertised him, at some public place in the neighborhood, at least ten days previous to the sale thereof. Commencement. 6. This act shall commence and be in force from and after the first day of May next. CHAP. IX. An act authorising the judges of the District Courts to make an additional allowance to the Commonwealth's Attornies in the sai courts.* A further allow. 1. ance to common wealth's attor nies. [Passed January 21, 1803.] E it enacted by the General Assembly, That the respective BDistrict Courts of this Commonwealth, shall be, and they are hereby authorised to make to the attornies prosecuting for the Commonwealth in such courts, such allowances for their services therein, as the said courts shall think reasonable, not exceeding one hundred dollars per annum, which allowances the said attornies shall be entitled to receive in addition to the salaries now allowed them by law. By act of 1806, ch. 7, sect. 13 (post chap. 88) the same remedy is given againsẽ a constable or officer and their securities, receiving money under an execution issued by a magistrate and failing to pay it to the person entitled, as is granted against a sheriff in like cases, for money received on an execution grounded on the judg ment of a court of law. *See Revised Code, vol. 1, chap. 58, pa. 56, as to their former allowance-cham 260, pa. 398, as to their appointment. |