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CHAP. 11. shall continue to compose and constitute a district for the registry of deeds, and be called the eastern district of Lincoln county, and the register shall keep his office at Thomaston.

Western dis

county.

SECT. 9. The towns of Hiram, Porter, Brownfield, Denmark, trict in Oxford Fryeburg, Sweden, Lovell, Stoneham and Stow, in the county of Oxford, shall continue to compose and constitute a district for the registry of deeds, and be called the western district of the county of Oxford; and the register shall keep his office at Fryeburg.

Mass. laws.

Feb. 26, 1806.

Clerk of the courts to be

register in case of vacancy.

SECT. 10. In case of vacancy in the office of register, in any county or registry district, the clerk of the judicial courts of the county, within which such vacancy may be, being first sworn to the 1825, 287, § 1. faithful discharge of his duty, shall perform all the duties and services required of a register of deeds, during such vacancy; and be entitled to the same compensation, and subject to the like liabilities, as a register of deeds.

In certain cases, clerk may appoint a substitute.

SECT. 11. In any county, where there are or may be, two or more registry districts, such clerk shall have power to appoint some suitable person under him, to take charge of, and perform the duties 1825, 287, § 2. of said office, in the district or districts, in which the registry is not kept in the shire town, during such vacancy.

Substitute to be

sworn.

SECT. 12. The person so appointed shall be sworn to the faithful discharge of the duties of his appointment, and said clerk shall Clerk to be re- be responsible, in all cases for the doings of such person.

sponsible.

How vacancies may be filled.

1821, 98, § 5.

County commissioners to examine returns.

1821, 98, § 5.

Removal in

duct or incapac

ity.

1821, 98, § 4.

SECT. 13. For the purpose of supplying such vacancy, by a new election of a register, the chairman of the county commissioners shall issue his warrant to the selectmen of the towns, and assessors of the plantations, in said county, or registry district in such county, wherein the vacancy may exist, directing them to convene the qualified voters in the towns and plantations in such county or district, to proceed to the choice of some suitable person to fill the vacancy.

SECT. 14. The chairman of the commissioners shall make his warrants returnable at a day certain, and notify the other county commissioners to attend at the return day, who shall examine the returns made, as directed, and the person having the majority of votes, after being duly sworn, and having given bond as aforesaid, shall be the register until the time, by law appointed, for the next election of register throughout the state.

SECT. 15. Whenever, on presentment of the grand jury, or case of miscon- information of the attorney general, to the supreme judicial court, any register of deeds shall, by default, confession, demurrer, or verdict, after due notice, be found guilty of misconduct in his office, or incapable of discharging its duties, said court shall enter judgment, that he be removed from office, and issue a writ to the sheriff, to take possession of all the books and papers belonging to the office, and deliver them to the clerk of said court, that he may perform the duties of register of deeds, in the manner prescribed in the tenth and eleventh sections of this chapter.

Quality of paper
for records.
1821, 109, § 2.

Of deeds left to be recorded. 1821, 98, § 6.

SECT. 16. The records, in each registry office, shall be made and entered on paper of a firm texture, well sized and finished, the principal ingredient of which shall be linen.

SECT. 17. Every register shall, at the time of receiving any deed or instrument to be recorded, make a memorandum thereon, of the

day, and the time of the day, when it was so received and filed; CHAP. 11. and every such deed or instrument shall be considered as recorded,

at the time such memorandum is made; and he shall suffer no deed or instrument for the conveyance of real estate to be altered, amended, or withdrawn, until it is fully recorded and examined.

SECT. 18. Every register shall receive all copies of special at- of recording tachment, made and attested by any officer, of real property situate attachments. 1838, 344, § 3. in the county or district, of which he is register, and minute on the same the time when they are received, and keep the same on file for the inspection of those, who may be interested, and shall enter the same in a book kept for that purpose.

SECT. 19. The register of deeds in each county, in which there is Office to be but one register, shall keep his office in the shire town of the county. kept in shire

town.

CHAPTER 12.

OF THE CHOICE, POWERS AND DUTIES OF COUNTY TREASURERS.

SECT. 1. Present treasurers to continue in SECT. 18. Of duties paid on the admission of

office.

2, 3. Time and mode of choice.

4. Oath, bond, and tenure of office.
5. In certain cases to be appointed
by the county commissioners.
6. Persons disqualified from holding
the office.

7. Of the treasurers disbursements,
accounts and compensation.

8. To enforce county taxes.

9, 10. His duty, as to bills of cost
against the state.

11. Of his commissions. Balance to
be paid to the state treasurer.
12. Penalty for his neglect of duty.
13. Balance still to be paid over.
14, 15. Annual accounts to be render-

ed to the governor and council.
16. Account to include commissions.
17. Statement of financial concerns of
the county to be published, an-
nually.

attorneys.

19. Registry of all fines and bills of

costs.

20. Penalty for neglect of rendering
accounts to the governor and
council.

21. Schedules of securities taken for
fines, &c. on liberation of poor
convicts.

22. Copy of sheriffs' account to be
transmitted to the secretary of

state.

23. Treasurer's account to be trans-
mitted to the secretary of state,
with the county estimates.
24. To account for money or effects
of the county, annually.

25. Expenses of keeping poor con-
victs in prison.

26. Treasurer to account for money
received of the United States for
́use of jails.

Present treas

SECTION 1. Each county treasurer now in office shall continue to hold it, till his successor shall be appointed, or chosen, and qual- urers to continified according to law.

ue in office.

Time and mode

SECT. 2. In each county, there shall be annually chosen on the second Monday of September, by the ballots of such persons, as of choice. are by the constitution authorized to vote for representatives in the several towns, some person resident in such county, for a county

treasurer.

SECT. 3. The meetings for the election of county treasurers Same subject. shall be notified, held, and all proceedings therein regulated, returns 1821, 99, § 1. made, and proceedings thereon had, as provided in section three of chapter eleven, for the election of register of deeds.

1821, 99, 1. 8 Mass. 275.

CHAP. 12. SECT. 4. The person having a majority of the votes, and Oath, bond and accepting the office, shall be sworn to the faithful discharge of the tenure of office. trust before said commissioners, or any two justices of the peace, and give bond, with sufficient sureties, approved by the commissioners, in writing, under their hands, on said bond, in such penal sum as the commissioners shall order, to the clerk of the commissioners in the same county, and to his successor in that office, and shall hold his office for one year, and till a successor shall be chosen and qualified as above mentioned.

In certain cases to be ap

county commis

sioners.
1321, 99, § 1.

Persons dis

qualified from holding the office.

1821, 99, § 4.

Of the treasurer's disbursements, accounts and compensation. 1821, 99, § 2.

To enforce county taxes. 1821, 99, § 3.

His duty as to bills of cost against the state. 1821, 82, § 5.

Same subject. 1821, 99, § 5.

Of his commissions.

1821, 82, § 5.

Balance to be paid to the state

treasurer.

Penalty for his

SECT. 5. If no person shall have a majority of all the votes returned, or if any person chosen shall decline to accept the office, and also in case of a vacancy in the office from any cause, said commissioners may appoint a suitable person of the county to that office, who, having accepted the trust, given bond, and being duly sworn as prescribed in the preceding section, shall be treasurer for the remainder of the year, and until some person shall be chosen and qualified as provided in this chapter.

SECT. 6. No person holding the office of attorney general, or attorney for the state within the county, nor any justice of the district court, clerk of said court, or sheriff of said county, shall hold the office of county treasurer.

SECT. 7. The treasurer shall apply all moneys received by him for the use of the county, in defraying the expenses of it, as the county commissioners, the district court, and the supreme judicial court, shall, according to law, by their written order, direct; and each treasurer shall account with the commissioners of the county, of which he is treasurer, for all receipts and payments, and they may allow him a reasonable compensation for his services.

SECT. 8. Each county treasurer is empowered to enforce the payment of all county taxes, assessed by direction of law, by the same rules, which are prescribed for the state treasurer to observe in enforcing the payment of state taxes.

SECT. 9. Every county treasurer shall, within two months after the rising of the supreme judicial court, transmit to the state treasurer an account on oath, charging the state with all bills of costs taxed and allowed by said court, and by the district court, when holden in the county whereof he is treasurer, and the certificate of the clerk of said courts shall be a sufficient voucher.

SECT. 10. The costs in all civil actions, in the name of the state, on scire facias, or other process, which may be paid before execution issued, shall be paid to the clerk of the court where the suit is pending, and by him be paid over, without any deduction, to the treasurer of the county, who shall account for, and pay the same to, the state treasurer, as in case of adjustment of accounts by county treasurers, of fines, penalties, forfeitures and costs, in criminal cases.

SECT. 11. He may charge a commission of five per cent. on all fines, forfeitures and costs, received and paid by him, and shall give credit for all fines, forfeitures and costs, accruing to the state, and by him received, and pay the balance due to the state, if any, to the treasurer thereof.

SECT. 12. For the neglect of any duty required in the three

neglect of duty. 1821, 82, § 5.

preceding sections, he shall forfeit and pay a sum not exceeding one CHAP. 12. hundred dollars, to the use of the state, to be recovered in an action of debt; and on requirement of the state treasurer, the attorney general shall prosecute such action, forthwith, to final judgment and execution.

rendered to the

SECT. 13. Such county treasurer, notwithstanding the recovery Balance still to of such penalty, shall be held to pay the balance of such fines, be paid over. 1821, 82, § 5. forfeitures and costs, into the treasury of the state. SECT. 14. Each county treasurer shall also make out and exhib- Annual acit, on the third Wednesday of January, annually, to the governor and counts to be council, a general account of his proceedings, crediting the state for governor and all moneys by him received by warrants on the treasury, or for fines, forfeitures and costs, and from whom, and charging the state for all payments made before that time; and the balance due, if any, he shall credit to the state, in a new account.

council.

1821, 82, § 6.

SECT. 15. He shall, at the same time, transmit, as aforesaid, an Same subject. account of all sums due, and the persons to whom, on bills of costs, 1821, 82, § 6. taxed and allowed by the supreme judicial court or district court, and account for all fines, forfeitures and bills of costs, within his county, belonging to the state, and then unpaid, and from whom they are due. And he shall exhibit such other statements, accounts and returns, as the governor and council may require.

SECT. 16. The amount charged by the treasurer for his com- Accounts to inmissions, as prescribed in the eleventh section of this chapter, shall clude commisbe included in the accounts required to be rendered to the treasurer 1821, 82, § 5. of the state.

sions.

cerns of the

SECT. 17. It shall be the duty of each county treasurer to pub- Statements of lish, annually, in the month of January, in some newspaper in the financial concounty, if any there be, to be designated by the county commission- county to be ers, otherwise in the public newspaper of the printer to the state, a published annually. full and fair statement of the financial concerns of the county, of 1822, 188, § 3. which he is treasurer, with the items of receipts and expenditures. SECT. 18. He shall pay over to the treasurer of the law library of duties paid association in the same county, all moneys, received of persons ad- on the admismitted as attorneys in the district court, and shall, annually, file in the state treasurer's office, before the second Wednesday of January, a list of the names of the persons, who paid the same.

sion of attorneys.

1822, 192, § 2.

Registry of all fines and bills 1825, 303, § 4.

of costs.

ing accounts to

SECT. 19. Each county treasurer shall enter, in a book kept for that purpose, an account of all fines, forfeitures and bills of costs, accruing to the state, and which shall, from time to time, be certified to him by the clerk of the judicial courts of the county, and shall note in said book, when all or any part of said sums shall be paid. SECT. 20. If any county treasurer shall neglect to perform the Penalty for negduties required of him by the fourteenth and fifteenth sections of this lect of renderchapter, he shall forfeit and pay a sum not exceeding one hundred the governor dollars, to be recovered in the manner described in the twelfth section. and council. 1828, 396. SECT. 21. Each county treasurer shall, annually at least, and Schedules of sewithin three months before the first Wednesday of January in each curities taken year, lay before the county commissioners a schedule of all notes on liberation of and securities, taken by the sheriff of such county, for fines and costs, 1930, 464, § 5. on the liberation of poor convicts from prison, and which by him had been delivered over to said treasurer.

for fines, &c.

poor convicts.

СНАР. 12.

Copy of sheriffs account to

be transmitted

to the secretary
of state.
1829, 445,

§ 6.

Treasurer's account to be

transmitted to

SECT. 22. Each county treasurer, at the expense of his county, shall make out and transmit to the secretary of state, within ten days after the first day of January, annually, a true and attested copy of the account, rendered and returned to him by the sheriff of such county, showing the amount thereof retained by said sheriff, and the amount paid over to such treasurer.

SECT. 23. Every county treasurer shall prepare and deliver his account as treasurer, annually, to the close of every year, to the the secretary of clerk of the county commissioners, to be by him enclosed, with the estimates for county taxes made by said commissioners, and transmitted to the secretary of state.

state with the

county esti

mates.

1821, 97, § 2.

To account for money or effects of the

county, annual

ly.

1821, 97, § 3.

Expenses of keeping poor

SECT. 24. Every treasurer, holding any money or effects belonging to his county, shall annually, and oftener if required, exhibit an account thereof to the county commissioners, for adjustment.

SECT. 25. Each treasurer may charge to the state, the several sums he shall pay from the treasury, to the jailer of the same county, for keeping and supporting poor convicts in prison, which had been convicts in pri- allowed to him by the county commissioners, and may also charge two and a half per cent for his services in this particular duty, and the same shall be included in his account to be rendered to the treasurer of the state as aforesaid.

son.

1821, 82, § 9.

Treasurer to account for money received of the U. States

SECT. 26. Each county treasurer is authorized and directed to receive, for the use of the county, all such moneys as the United States have agreed to pay for the use and keeping of county jails, for use of jails. and to account for the same according to law. 1821, 110, § 16.

How notice of

petition may be

given.
1821, 166, § 1.

8 Greenl. 365.

Same subject.

CHAPTER 13.

OF NOTICES OF PETITIONS TO THE LEGISLATURE.

SECT. 1, 2. How notice of petition may be, SECT. 3. Either mode as valid, as if ordered
given.
by the legislature.
4. Fees of the officer.

SECTION 1. When a petition is presented to the legislature by any corporation or individual, and the rights of other corporations or individuals may be affected by the grant of the prayer thereof, the petitioner may cause notice to be given to those interested, if known, by serving them with an attested copy of the petition, at least sixty days before the commencement of the session of the legislature, by a sheriff, deputy sheriff, coroner or constable.

SECT. 2. When those, whose rights may be affected as before 1821, 166, 1. mentioned, are not known, a copy of the petition shall be published in the newspaper published by the printer to the state, three weeks successively, the last publication to be thirty days at least before the commencement of the next session of the legislature.

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SECT. 3. Notices, given in either of the modes before described, shall be as valid, as if ordered by the legislature after the presentment of such petition.

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