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which shall be paid to him out of the public treasury, on warrant of the Audilor of public accounts, after his list of licenses shall be returned to the Auditor as aforesaid. Clerks of courts shall annually, on or before the first day of Octo- Clerks of courts to reber, return to the Auditor a list of all hawkers’and pedlars' licenses granted by turn a list of pedlars"; their respective courts, previous to the first day of September in every year, and licenses to the Auditos. every clerk neglecting this duty, shall forfeit fifty dollars, to be recovered in the General Court, by motion on ten days previous notice. The clerks of courts shall also on or before the fifteenth of December in every year, account on oath to the Auditor of public accounts for all taxes received by them, by virtue of their offices, previous to the first day of September in such year. So much of the act passed at the last seflion, intituled, “An act to impose certain takes on law process, and for other purposes,” as is contrary hereto, shall be and is hereby repealed. V. AND for the more effe&tual collection of the taxes as aforesaid, and Notices on motions a
gainst theriffs and other others, which may become due to the commonwealth, Be ir further enacted, officers herein meniThat ten days previous notice thall hereafter be necesary to any theriff, col- tioned. le&tor, clerk, inspector, or notary public, for the purpose of recovering a judgment for any taxes, fine, or public dues of any kind, where by law the auditor is authorised to proceed against them, or any of them, by motion. No fheriff or other collector shall at any time be allowed to return any list of insolvents, or have any credit therefor, after twelve months Thall have expired, from the period of the taxes becoming payable by such sheriff or collector, to which such lift relates. A commission of five per cent. and no more shall be allowed to Commiffion allowed for sheriffs and collectors for the collection of the taxes on licenses to be granted to
collecting tax on li.'
censes. merchants under this act, and on licenses to be granted to hawkers and pedlars, under an act, intituled, “ An act concerning hawkers and pedlars;" any law to the contrary notwithstanding. A list of all licenses granted to merchants Commissioner to return
liit of licenses to counfall be returned by the commissioner granting the same, to the county or cor
or corporation court poration courts for their examination, after which the raid lifts shall be deli- for examination. vered to the sheriffs or collectors, who shall annually, on or before the first day of October next, after the receipt thereof, account for and pay the same into the public treasury. vi. THIS ace shall commence and be in force from the passing thereof.
Commencement of shio ad.
... [Passed the 6th of January, 1800.] I. E it enaked, That the several clerks of courts of this commonwealth, Clerks of courts au
thorised to adminifter oaths in all cases wherein an affidavit is necessary as the foundation of any official act to be performed by any such clerk, which affidavit shall be filed, and kall in every respe& be as efféctual as if the oath thereto had been adminiftered by a justice of the peace. And if any person sworn by any clerk or his deputy, by virtue of this act,'shall give any evidence under such circu instances as would have constituted the same to be perjury, if done in presence of a court of record, the fame 'shall be deemed perjury to all intents and por: poses.
II. THIS act shall commence and be in force from and after the passing Commencement of this thereof.
An Act concerning the Service of certain Procefi, and the returns therein.
[Passed the 28th of January, 1800.) 1. E it enacted by the General Assembly, That where any sheriff or other
officer shall return on any original or mesne process to him directed, that he has been kept off by force of arms, it shall and may be lawful for the plaintiff in the action in which the process fo returned was issued, either to issue an alias or pluries, as the cafe may be, or to proceed in the said action againft the defendant or defendants, as if such process had been returned exe, cuted.
II. TH ; act shall be in force, fron and after the passing thereof.
incurred by Sheriff, and Collectors, in certain cafesa
[Passed the 4th of January, 1800.) The act authorising the I. Eit enacted, That the act of Affembly, intituled, “ An act authorifExecutive to remit da
ing the Executive to remit the damages and fines incurred by the Mages, &c. repealed,
riffs and collectors, in certain cafes,” Mall be and the same is hereby repealed; with an exception,
except in this, that the Executive shall ftill be authorised to remit' damages or fines incurred by sheriffs or collectors before the twenty-fixth day of December, in the year one thousand feven hundred and ninety-four, on the terms in
the said above recited act set forth and contained. Provided however, That The court before whom when a motion is made by the auditor of pubic accounts against any delinquent the auditor moves agailift lieriffs or collectors, and notice as heretofore required being first given, the delinquents vefted with citciction io remit da. court in pronouncing judgment upon the case, shall and may take into conmages.
fideration all circumstances which may, in their opinion, entitle the party to a remiffion of damages, and give judgment for the same or not, as they say
think proper. The 6th rection of the
I. AND be it further enacted, That the sixth redtion of the act, intitulcd, act laying taxes ilpealed.
“An acı laying taxes for the support of government," shall be, and the same is
hereby repealed. Commencement of this
III. THIS act shall commence and be in force, from and after the pafling thereof.
[Passed the 6th of January, 1800.] Pisamble.
THEREAS in the act, intituled, “ Anaet concerning the election of the V menbers of the General Assembly," no provision is made for hoicing an election 13 case of the death of the high sheriff, whereby many of the good people of this Commonwealth are sometimes unrepresented for remedy
whereof, Ele&ione, by whom to
1. BE it enasted by the General Aff:mbly, That in all cases whatsoever where he held in case or the
by law the theriff is directed to hold an election, in case of the death of the said high therif's death.
Periff, the senior magittrate, and in his absence, inability, or incapacity by being a candidate, the second, and fo on in succession to the junior magiftrate
, is hereby authorised, empowered, and required to perform the duties of the she
riff prescribed by law in similar cases. Penalties on magif. Lİ. AND be it further enacted, The said magistrates, in case of refusal, ihal
! trates refusing to act.
be subject to all the penalties to which sheriffs are liable, and Mall be entitled
to the lame compensation. Repealing clause.
ALL acts within the purview of this act, are hereby repealed. Commencement of this IV. THIS act shall commence and be in force, from and after the paling qa.
[Pafied the 25th of January, 1800.] State attornics howa • I. Dwealth, shall hereafter be appointed in the district and all other infe.
E it enacted, That attornies to prosecute on behalf of the Common. pointed. rior courts of this commonwealth, by an order of such courts respectively
, which said attornies thall be entitled to recover of delinquents the fees allowed by law, and moreover the attornies for the commonwealth in the diftrict courts, shall be allowed the salary as now fixed by law, and every such attorney in the county or corporation courts, shall be allowed a reasonable fum for their services, and for which no oi her fee or reward is allowed by law, as heretofore an
nually to be levied by fuch court, on the county or corporation. Au litor dior to allow 11. HND be it firtier enacted, That it shall not hereafter be law ful for the 1.L101Dies claims.
auditor of public accounts to allow the claim of any attorney for any county