1802.

Time fixed for all

taxes received by notaries public previous to the 1st Oct. last to be

accounted for.

Penalty for fai lure and how re

covered,

Time fixed for all notariespublic to account for taxes

A person taking a false oath be

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 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.

CHAP. VIII.

An Act concerning Constables.*

[Passed January 21, 1803.]

1. E it enacted by the General Assembly, That the justices in the Justices to ap. several counties and corporations within this commonwealth, point constables, who shall give shall, in the month of June next, or so soon thereafter as shall be conbond & 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 more 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 appointment, and the person so appointed a constable, whether he has before 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.

1802.

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, twen ty-one cents; for whipping a slave, to be paid by 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 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 faipay 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.

1802.

Howfies maybe collected.

son or persons to whom such money or tobacco ought to have bee 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 inter est thereon, from the time he ought to have paid the same, notwith standing the amount thereof shall exceed ten dollars, which execu tion shall be directed to the sheriff of the county, to be by him servei in the same manner as in the case of executions issued against she rifis for like delinquencies, and directed to coroners.†

4. And le 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 herefter delivered by them to the sheriff or other of ficer 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 hawener, 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.

Property takeń, 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 said courts.*

A further allow. 1.

ance to common

wealth's nies.

[Passed January 21, 1803.]

E it enacted by the General Assembly, That the respective District Courts of this Commonwealth, shall be, and they attor- 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. 15 (post chap. 25) the same remedy is given against a constable or officer and their securities, receiving money under an execution issu el 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-chap. 260, pa. 398, as to their appointment.

Act to amend and explain the laws respecting executions on bealf of the Commonwealth, against sheriffs, or other public collec

[Passed January 21, 1803.]

HEREAS it is provided by the laws as they now stand, Preamble. Whese where the land of a pubile ceitor taxen un

execution, cannot be sold for three-fourths of its value in the tion of the valuers of the county, it shall be sold on three months edit; and as there is in some counties a deficiency of values, wherethe sales of the lands of public debtors, are in many instances peded.

perty taken un

2. Be it therefore enacted by the General Assembly, That it shall Court to appoint the duty of the court of every county and corporation within this valuers of proCommonwealth, to appoint six persons to judge of the value of pro- derexecution on terty taken under execution in behalf of the commonwealth, where beh.if of the the law, as it now stands, requires such property to be valued; and commonwealth. 10 sale of lands under an execution on behalf of the commonwealth,

tall take place, but in the presence of at least two of the said valu

es. There shall be paid to each of the valuers appointed by virtue Their allowance. of this act, two dollars for each day's attendance at any sale, to be aised by the sheriff out of the property of the defendant, which shail be so sold, where there is one execution, or where there are more than one, to be raised from the property of each proportionably, to

Not more than

three valuers to be paid in any

casc.

the amount of the several executions. The sheriff shall pay the said To be paid by the Jowance to the commissioners, and in default thereof shall be liable sheriff. judgment and execution therefor, in the county or district court, nten days notice, with full costs; Provided, that not more than three valuers shall be allowed for their attendance in any case. Every vaher before he takes upon him to act as a valuer of property under this act, shall take an oath for the faithful and impartial discharge of the duties of his office; and any valuer called upon by the she- Valuers to take riff or coroner, or other person authorised by law, to value property, an oath faithfully and failing to attend, unless prevented by sickness or other good their duties. cause, shall forfeit and pay to the use of the commonwealth, twenty Collars, to be recovered by motion in the court of the county, corpo- Forfeiture for ration or district, in which he resides, ten days previous notice be- failure of duty. ing given.

to discharge

3. Whenever a vacancy happens in the office of valuer under this How vacancies act, by death, resignation or otherwise, it shall be the duty of the shall be filled. court of the county or corporation to supply the said vacancy by a

new appointment.

the executive au

And whereas the land of public debtors, taken under executi- When lands of on, cannot in some instances, be sold for want of bidders; Be it there- public debtors fore enacted, That the auditor of public accounts, whenever such cannot be sold, case occurs, or whenever, for other cause, the land of a public debt- thorised to apor cannot be sold, may represent the case to the executive, who are point an agent to hereby authorised to appoint an agent in the county where the land purchase and selt es, to purchase it for the benefit of the commonwealth, which land benet of the purchased, they may authorise the said agent, or any other, to commonwealth. sell at such time and on such terms, whether for cash, or for credit,

11, pa. 280-chap. 235, pa. 381-chap. 295, pa. 425.

† Sec Revised Code, vol. 1, chap. 84, pa. 134-chap. 114, sec. 5, pa. 217-chap.

the same for the

1802.

Agents'compen
Bation.

on good security, as at their discretion may seem best for the public interest; to which agent, in either case, the executive may make a reasonable compensation, to be raised out of the money arising from the sale of such land, where the same is sold for cash; or otherwise out of the public treasury,

5. And whereas by an act passed the thirtieth November, one thousand seven hundred and ninety-two, it was intended, that a fine should be inflicted on sheriffs and others, authorised to levy executions on behalf of the commonwealth, and failing so to do according to law, and the said act being found defective; for remedy thereof, Be it enacted, That all sheriff's, coroners or other persons, authorised to levy executions of any kind, on behalf of the commonwealth, Forfeiture for and failing so to do according to law, shall forfeit and pay to the officers failing to commonwealth, fifteen per centum on the amount of such execution, levy executions to be recovered by the auditor, on behalf of the commonwealth, by commonwealth. motion in the general court, giving ten days previous notice there

of.

Writs of fieri fa- 6. And be it further enacted, That in all cases of writs of fieri facias against pub- cias against the lands and tenements, goods and chattels, of any public debtors to be lic debtor, that it shall be the duty of the sheriff or coroner to levy levied first on the same on the goods and chattels, in the first instance, and if no goods and chattels, and in case goods and chattels can be found, or not a sufficiency to satisfy the of a deficiency on said execution, that then the said sheriff or coroner shall proceed to satisfy the said execution by levying it on the lands and tenements of such debtor.

their lands.

CHAP. XI.

An Act to compel the attendance of witnesses before a single Justice

1.

BE

of the Peace.*

[Passed January 22, 1803.]

Witnesses comE it enacted by the General Assembly, That when any person pelled to attend who shall be summoned as a witness to attend before any before a single justice of the peace, in any county or corporation within this comjustice. monwealth, to give evidence in any matter depending before such justice, shall fail to attend accordingly, not having a reasonable excuse for such failure, such witness shall be fined by the justice for by whom the summons was issued, two dollars (a) for the non-attendance,, use of the party for whom such witness was summoned, and the

Forfeiture

Compensation for attending.

witness so failing, shall farther be liable to the action of the party for all damages sustained by his or her non-attendance; but if sufficient cause of his or her inability to attend, be shewn to the said justice at the time he or she ought to have appeared, or at any time within one month after, (the said witness being first served with a copy of the order imposing such fine) then no fine shall be incurred by such failure.

2. And be it further enacted, That every witness summoned and who shall attend to give evidence as aforesaid, and being an inhabitant of the same county, shall be paid by the person or persons at whose suit the summons issued, twenty-five cents for every day's

Amended, post chap. 96.-See also post chap. 88, sec. 9, by which magistrates may issue executions and subpoenas for witnesses, directed to the constable or other officer of any county or corporation in the state.

(a) Extended to five dollars, by act of 1806-see post chap. 96.