페이지 이미지
PDF
ePub

the drawers or endorsers jointly or severally, or against
either of them separately, and judgment shall and may be
given for such principal, damages and charges, and inter-
est upon such principal after the rate aforesaid, to the
time of such judgment, together with costs of suit.
Sec. 3. And be it further

enacted, That when any inland Damages bill of exchange shall be drawn or endorsed within this on inland

bills. State, for the payment of any sum of money without the same, and such bill shall be protested for non-acceptance or non-payment, the drawer or endorser shall be subject to the payment of five per cent. damages thereon, and charges of protest, and the bill shall carry an interest of six per cent. per annum, from the date of the protest until judgment be rendered as aforesaid.

[graphic]

An act concerning Promissory Notes. Section 1. Be it enacted by the General Assembly, and Actions by the authority thereof it is enacted, That when any person maxntainor body corporate, by themselves or by any person by ed on pro. them lawfully authorized for the purpose, shall hereafter missory make or sign any promissory note, whereby such person or body corporate shall promise to pay to any other person or body corporate, any sum of money or specific article mentioned in such note, the same shall be taken and construed to be, by virtue thereof, due and payable to such person or body corporate, and such person or body corporate may maintain an action for the same against the person or body corporate who shall have made the same.

Sec. 2. And be it further enacted, That a note made as May be aforesaid, containing a promise for the payment of money endorsed only, made payable to order or bearer shall be assigna- in the ble or endorsable over, in the same manner as bills of ex-name of

the endorchange are or may be, according to the custom of mer- see. chants, and the assignee or endorsee of such negotiable note may maintain an action against the maker of such note, or any prior endorser, for the recovery of the money due thereon.

Sec. 3. And be it further enacted, That all actions com- Actions menced on any promissory note, in the name of an as- where ta signee or endorsee, against the original promiser, shall be be commenced in the same county wherein such action brought. ought by law to have been commenced if no assignment or endorsement of such note had been made, ard that no

more costs shall be taxed in any such action than would be by law taxable if the same had been commenced in the name of the original promisee.

[ocr errors]

Fines to be

court.

them to

er.

1800 '18 An act requiring the Clerks of the Courts to account, and for

other purposes. Section 1. Be it enacted by the General Assembly, and by paid to the the authority thereof it is enacted, That all fines, penalties the sup. and forfeitures, (except such as shall be received by jus

tices of the peace, and the clerks of the courts of common pleas and general sessions of the peace,) and all costs due or payable into the general treasury, shall be paid to the clerk of the supreme judicial court for the county in which the same shall be imposed, assessed or taxed, and

be by him accounted for and paid into the general treasAnd by

ury: that it shall be the duty of the sheriffs, deputy-sheriffs the gener. and jailers, forthwith to pay to the clerk of the supreme jual treasur- dicial court for their respective counties, all fines and costs

by them received, due or payable into the general treasury, and that it shall be the duty of the said clerks of the supreme judicial court to prosecute all delinquents under

this act according to law. Costs un. Sec. 2. And be it further enacted, That all costs paid out claimed of the general treasury, or by defendants or others in criintbe paid minal prosecutions, which shall remain unclaimed by the treasury. persons to whom the same shall be due for the space of

six months after the same shall be received, shall be paid by the officer or person holding the same to the clerk of the supreme judicial court for the county, who shall account for and pay the same as aforesaid into the

general treasury. Orders for Sec. 3. And be it further enacted, That all orders drawn costs, how drawn, &c.

on the general treasury for bills of cost, shall be accompanied with copies of the said bills of cost, and all orders drawn on the general treasury for incidental and extraordinary expences or services in criminal prosecutions, shall contain a statement of the particulars of such expences or services, and a description of the prosecutions or causes

in which the same were paid or rendered. Clerks to

Sec. 4. And be it further enacted, That each of the clerks transmit to of the supreme judicial court and courts of common pleas treasurer and general sessions of the peace shall, within twenty days

after the rising of the court of which he is clerk, at every

of fines.

term thereof, render a true and particular account to the general treasurer of all fines, penalties and forfeitures, imposed or declared forfeit at that term of said court, and copies of all bills of costs taxed in criminal prosecutions, or any other cases in which the State or the general treasurer may be a party, and of all allowances for extraordinary and incidental services or expences, and also of all money by him received in pursuance of the act entitled “ an act apportioning each town's quota of jurors to attend the several courts in this state, and directing the method of choosing them, and regulating their attendance at said courts;" and shall, if a clerk of the supreme judicial court, also make like return of all monies received for en- And montries of cases, petitions or motions, and also of all other ies receivmoney by either of said clerks received and payable into the general treasury, which account shall be accompanied by a certificate from the chief justice or presiding justice of said court, verifying the same, and specifying therein the number of said entries, if in the supreme judicial court, and the number of cases tried before or opened to the jury, and the amount of fines imposed by either And pay of said courts for non-attendance of jurors; and all such over the monies shall be paid into the general treasury at the time same. of rendering said account.

Sec. 5. And be it further enacted, That the general trea-General surer shall furnish the clerks of said courts, from time to to furnish time, with such forms of accounts and returns as he shall blank think proper and convenient, and the said clerks shall make return to the general treasurer according to law, agreeable to such forms by him prescribed.

Sec. 6. And be it further enacted, That if any officer or Penalty other person shall neglect or refuse to pay to any clerk in paying of the supreme judicial court, any costs payable to him, costs. at the time when the same ought to be paid, or if any of said clerks shall neglect or refuse to pay into the general treasury, any costs payable thereunto, at the time when the same ought to be paid, the person so offending shall forfeit and pay treble the value or amount of the costs so withheld or not paid, to be recovered by action of debt to be commenced by the general treasurer, for the use of the State, or by an action of debt by any person who may think proper to commence the same, one half to the use of such person, and the other half to and for the use of the State.

[graphic]

General

Sec. 7. And be it further enacted, That it shall be the treasurer duty of the general treasurer to report semi-annually to semi-an- the general assembly on the operation and execution of

this act, and to cause prosecutions to be commenced for all neglects of the duties hereby imposed, and for all breaches thereof.

nual report.

1756 '60 '68 71 72 1820 °22.

office.

tain a

statement

An act for the relief of Insolvent Debtors. Who may

Section 1. Be it enacted by the General Assembly, and by petition, the authority thereof it is enacted, That it shall be lawful for

any inhabitant of this State, who shall have resided therein for the space of two years next preceding the prefer

ring of his petition, and who is or hereafter shall be insolPetition to vent, to prefer his petition to the general assembly for be filed in the benefit of this act, which petition shall be filed in the

secretary's office at least three weeks before the session

of the assembly to which it shall be preferred; and the And con- petitioner shall exhibit and file therewith, under oath,

a just and true statement of all his debts, and of all the of debts, losses which he has sustained within three years next inventory preceding that time; and also a just and true inventory of proper- of all his property and estate of every kind and nature, ty.

in possession, remainder and reversion, (except wearing apparel not exceeding in value one hundred dollars,) and said oath shall be taken by said petitioner before any

judge, justice of the peace or warden in the county in Secretary which the petitioner resides : and the secretary shall noto notify . tify the creditors of said petitioner of the pendency there

of, which said notification shall be published at least three successive weeks next before the session of the general assembly to which such petition is preferred, in one of the public newspapers printed in this State: Provided

however, That before the secretary causes the creditors creditors have been of any petitioner to be notified, the petitioner shall make notified, to application to the clerk, either of the supreme judicial appoint as court or the court of common pleas in the county wherein

the said petitioner resides, to issue notification to his creditors to appear before the court whose clerk issues such notification, on the second day of the next succeeding

term, to nominate assignees of the property of said petiClerk to tioner; and it shall be the duty of said clerk to issue such issue such notifica

notification on request, which shall be issued and pubtion. lished in some newspaper nearest to the place where the

the ors.

After

open court.

Sworn.

court is to be holden, at least three successive weeks

pre

Petitioner

to make vious to the sitting of said court; and the said petitioner assignshall make, execute, acknowledge and deliver, in open ment in court, good and sufficient deed or deeds, assignment or assignments, of all his said property or estate as aforesaid, to the said assignees in trust for the benefit of his creditors; which assignees, before they proceed to act, shall Assignees be sworn or affirmed to the faithful discharge of their duties.

Sec. 2. And be it further enacted, That the court to whom Court to application shall be made as aforesaid, is hereby author-appoint

assignees. ized, on the second day of the term aforesaid, to appoint one or more, not exceeding three, discreet and disinterested persons, to be nominated by the creditors as aforcsaid, assignees as aforesaid ; and if the creditors neglect or refuse to nominate one or more discreet and disinterested persons for that purpose, the said court shall proceed to appoint such assignee or assignees without such nomination; and the said assignee or assignees shall, imme- Assignees diately after their appointment, notify the creditors of to notify said petitioner, by publication in one of the newspapers pointment. printed in this State at least four successive weeks, to exhibit and prove their claims against the insolvent's estate within six months from the publication of said notice; and the creditors who do not exhibit and prove their Creditor: claims within that time, shall be debarred of all dividend their out of said estate ; and at the expiration of said six months, claims. or as soon thereafter as may be, said assignees shall ratably and proportionably divide and pay to the creditors Dividend who have proved their claims as aforesaid, the estate of tot said insolvent, first deducting therefrom the expences of settling said estate, and a reasonable compensation to themselves, (to be allowed by said court,) for their trouble; and having finally completed their trust, shall, as soon as may be thereafter, make report of all their doings to the court from which they received their appointment; and if the prayer of said petition be granted by the general assembly, the court before whom he has made application as aforesaid, shall thereupon render judgment, order or decree, exonerating and discharging the body of said petitioner from all debts incurred, and from all contracts, agreements and covenants, made and entered into, conformably to the provisions of this act.

Sec. 3. And be it further enacted, That in all cases in which the prayer of any petition for the benefit of this

be made.

« 이전계속 »