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1802. ference of salary formerly received, and that which was receive

H -- since the first of January, one thousand eight hundred and two

amounting to fifty-one dollars, sixty-six cents, each quarterly pay

ment, to Joseph Jackson, clerk of accounts in the auditor’s office; an

that the salary of the clerk of accounts be, and the same is here!,

raised equal to that received by the first clerk in the said office. Ca. Enacting clause. 2. This act shall commence and be in force from and after th passing thereof.


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An Act to provide more effectually for the collection assines for the is of the Commonwealth.*

| Passed January 12, 1803.

Clerks of the ge- 1. B E it enacted by the General Assembly, That is the clerk of th metal and district general court, or the clerk of any district court, shall fail t colo to trans transmit to the sheriffs, lists of fines imposed by the said courts to th moto o use of the commonwealth, or to transmit copies thereof to the audito **". ... of public accounts, as now required by law; or if no such fines shal auditor. be imposed by such courts within the year preceding the period before which he ought, to transmit such lists, and such cler! shall fail to certify to the auditor accordingly, he shall, for every - such failure, forfeit and pay one hundred and fifty dollars, to be re. r: o o ... covered by the auditor of public accounts on motion in the genera i." o court, to be applied to the use of the commonwealth, upon the par. ap, repriated, ties having ten days previous notice of such motion.

ce, is of the 2. And be it further enacted, That the clerks of the several coun. county and cor-ty and corporation courts, shall annually, before the last day of Janu. o o: ary, instead of the first of July, transmit to the sheriffs a list of al. o so 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 nond 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 there. in, recoverable in like manner, as if they had been imposed by the general court, or a district court,

Irow fines collec. 3. And be it further enacted, That all fines heretofore collected by ted od not paid the sheriffs of this commonwealth, or by any attorney prosecuting for * ..."; the commonwealth, and which shall not be paid into the treasury of may be recover- th cd. or before the first day of January next, shall be recoverable by the

aujitor, on motion in the general court, in the same manner as is di.

rected by law for the recovery of the public taxes.

Clerks to issue 4. And be it further enacted, That the clerk of any court imposing

.** a fine to the use of the commonwealth, shall, immédiately after the

linquents. -- - - - - term at which such fine was imposed, issue a writ of fieri facias of 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.

Commencement. 5. This act shall be in force from the passing thereof.

—— -
(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, sce. 7. This act further amended by actof 1803—see postch. 76–see also, postch, 24, scov. 3. This act shall commence and be in force from and aster the Fossing thereof.


“the members of the house of representatives of the United States, which this state is entitled, shaii be held in the several counties : corporations, on their respective court days in the month of Aol. 1 ne meeting of the returning officers conducting the elections rotors, shall be within five days, (a) and of members of consos, within ten days (b) after the last day of said clections, at the

:::::::::se of the county, the name of which is first mentioned in the - describing the district, and the said returning officers shall in all sects be governed by the rules and regulations at present estab“hed by law. *

2. Be it further enacted. That no freeholder shall vote more than oce for a senator or member of congress in the same district, at any of election. - -

3. This act shall commence and be in force from and after the losing thereof.


An Act for the distribution of Arms in certain cases.* [Passed January 13, 1893.] 1. V IIEREAS the distribution of arms to certain towns has not been deemed completely adequate to the purpose in

orded, and the security of the good people requires, that some furto-stops should be taken, to enable them effectually to defend them“kes in certain emergencies. -

2. B. it therefore enacted, That the governor with the advice of or council of state, be, and he is hereby authorised, at his discretion, to arm such volunteer companies, and troops of cavalry, being com*te, as from their particular situation may require it.

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* 4t to amend an act, entitled “An act to impose certain taxes on
Iaw process, and for other purposes.”f
[Passed January 14, 1803.]
W HEREAS it is represented to this generalassembly, that sun-
dry notaries public have failed to account for and pay into
I See R. Code, vol. 1, ch. 17, page 10–chap. 232, page 370.—chap. 250, pa. 391.
- ... " Tormerly 20 days. See Revised Code, vol. 1, chop. 17, sec. 8. Afterwards
* -ovo wo 5 days. Sec Revised Code, vol. 1, chap. 250, sec. 5.
* Formerly 8 days. See Revised Code, vol. 1, chap. 304, pa. 433, sec. 4.
* See Revised Code, vol. 1, chap. 263. po. 400, as to the distribution of arms a-
for it motia. Also, “cts of 1603, post chap. 36, sects. 57,58, 59, 60, 61, 62–
*" or provision for the distribution of aros by act of 1995, nos' ci. p. 84–see : iso,
loop. 112. Arms to be distributed to certain towns by act of 1899, chap. 45,
jo 24. -
- * one of the provisions of this act being of a permanco nature, it was though.
** to P wish the whole law.


Fixecutive to distribute arias



\\ - - - * * is The TwrxTY-SEvrXTH YEAR of Trr CoMMONWEALTH. * CHAP. V. o 18O2. o An Act for altering the time of holding Elections.# -Y[Passed January 13, 1803.] - * o - * * * 1. D E it cricctes Ay the General Assembly, That the elections of Days for holding t the members of the legislature of this commonwealth, and elections.


Time fixed for all taxes received y notaries public previous to the 1st Qct. last to be accounted for.

Penalty for failure and how recovered,

Time fixed for all notaries public to accouns for taxes

A person taking a false oath beforc a notary public shall be consi

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 heretofore accounted for and paid into the treasury the amount of taxes received by him previous to the first day of October last, shall, on or before, the first day of October next, account upon oath 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, deducting 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.

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 necessary to the due and legal execution of any writing or document whatever, to be attested, protested, or published, under the seal of his

dered guity of office, any notary public may administer an oath, and make certifi


Justices to appoint constables, who shall give bond & security.

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.


An Act concerning Constables.*
[Passed January 21, 1803.]

1. Bo it enacted by the General Assembly, That the justices in the

several counties and corporations within this commonwealth, shall, in the month of June next, or so soon thereafter as shall be convenient, 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 more 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 appointment, and the person so appointed a constable, whether he has be fore served or not, shall in like manner take the oaths prescribed by law, and enter into bond with security as aforesaid; that in case of the death, resignation or removal of any constable, the justices shall in like manner, make a new appointment, for the purpose of supplying the vacancy, and the person so appointed a constable, shall take the oaths prescribed by law, and enter into bond with security as aforesaid; that every such bond shall be recorded in the court wherein it shall be executed, and may be sued in the same manner as sheriffs’ 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.

2. And be it further enacted, That the fees of constables shall be as 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 ". the owner, fortytwo cents; for serving an attachment returnable before a justice, sixty-three cents; for summoning every garnishee on an attachment, twenty-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 awarrant of distress, sixty-three cents; for serving attachment for rent accruing and becoming due under amy 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 pay any money or tobacco received by him by virtue of his office, 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


Their fees.

* Fees of constables altercd 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 witncsses and guards in criminal cases.

Penalty for sailure of duty.

1 *O2. son or persons to whom such money or tobacco ought to have been

*—Y-4 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 thercon, from the time he ought to have paid the same, hotwithstanding the amount thereof shall exceed ten dolors, which execution of all be directed to the she is of the county, to be by him served in the same manoer as in the case of executions issued against sherisis for like delinquencies, and directed to coroners.j

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mows...mayne 4. And to it further cnocted, Thot the secs clowed by law to collected. constaos, and oute for services rendered to persons residing out of the county or district, in which such constable hath been appointcd, shall be hereasier delivered by them to the sheriff or other of ficer of the coot, or corporation, by whom the same shall be collected and accooted for in the same manner as is provided in the case of sheriffs' sees, and in case of failure on the part of such sherisi or other officer, to collect and account for the same, they shall be liable to notion for the same, in the same manner as is provided in the case of other sees, put into their hands for collection : Provio'ed overer, That nothing herein contained shall be construed to revent a constable from collecting or distraining for any fees due in within the precinct of the county, for which he is appointed.

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1'-onertv taken 5. And or it forther enacted, That it shall be the duty of every
t o do . constable levying an execution, to advertise the property taken by
9 iMe a civ citise - . . . - - - -
* “*” him, at some public place in the neighborhood, at least ten days
previous to the sale thereos. -

Commencement. 6. This act shall commence and be in force from and after thc first day of May next.

CHAP. IX. An act authorizing the judges of the District Courts to make an additional allowange to the Commonwealth's Attornies in the said s courts.” ! [Passed January 21, 1803.] a fitthor allow. 1. F. it enacted by the General Assembly, That the respective :ance to ot) nnnnon- - District Courts of this Commonwealth, shall be, and they

You's attor- are hereby authorised to make to the attornies prosecuting for the . tlits. 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 1866, ch. 7, sect. 16 (post chap. 85) the sam- remedy is giver a rainst a constable or officer and their securities, receiving money under an execution issuo • by a magistrate and failing to pay it to the person entitied, as is granted against a sheriff in like cases, for money received on an execution grounded on the Judgment of a court of law.

* Soc Revised Code, vol. 1, chan. 58, pa. 56, as to their former allowance—chap. 200, pa. 398, as to their appointment.

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