1. The names of the persons fined;

2. Their respective places of residence;

3. The amount of the fine imposed on each;

4. The cause of such fine being imposed;

Which schedule shall be certified by the Prosecuting Attorney to contain a true abstract of the orders imposing such fines, delivered to him by the Clerk.

cess.

4.

(5136.) SEC. 26. The Sheriff to whom such process shall be Execution of prodirected and delivered, shall proceed to collect the amount of 1844, p. 119 Sec such fines respectively, of the several persons named in such schedule, by a levy and sale of the personal property of such persons, in the manner provided by law in the service of executions against property in civil cases, and shall be entitled to collect the same fees; and in case sufficient personal property cannot be found to raise such amount, such Sheriff shall take the body of the person named in such schedule and detain him in custody, until he shall satisfy such sum, in the same manner as on executions against the body in civil cases, and shall be entitled for his services to the like fees.

cess.

(5137.) SEC. 27. Every Sheriff to whom any such process Return of proshall be delivered, shall return the same at the then next term 1844, p. 120, Sec. of the Circuit Court for his County, after such delivery, with his proceedings thereon; and such return may be compelled by such Circuit Court, in the same manner as civil process.

when

sued.
1844, p. 120, Sec.

(5138.) SEC. 28. If it shall appear by any such return, that New process, any fine has not been collected, the Prosecuting Attorney shall to be isissue new process, similar in all respects to the first process 6. herein directed; and such process shall be issued from time to time, until such fines shall be collected, and the same proceedings shall be had thereon, in all respects, as herein provided. (5139.) SEC. 29. But whenever a Prosecuting Attorney shall who to be incluissue any process for the collection of any fine, he shall include in the schedule annexed to such process, the names of all persons upon whom any fine shall at that time have been imposed, and the process against whom has been returned unsatisfied, or against whom no process shall have been issued for the collection of such fine.

ded in process.

zances.

13 Ill. Rep., 696.

(5140.) SEC. 30. Whenever any recognizance to the People Suits on recogniof this State shall have become forfeited, the Prosecuting 4 Wend., 387. Attorney of the County in which such recognizance was taken, shall prosecute the same by action of debt, or of assumpsit; and the pleadings and proceedings therein shall

Execution there

Estreating recognizances.

to be paid over

Attorney.

be the same in all respects as in personal actions for the recovery of any debt; and upon a breach of the condition of the recognizance being found or confessed, or upon a judgment by default being entered against the defendant, the judgment shall be absolute for the amount of the penalty of the recognizance.

(5141.) SEC. 31. Executions shall be awarded and executed upon such judgments in the same manner as upon judgments in personal actions, and with the like effect in all respects.

(5142.) SEC. 32. Whenever any recognizance is directed by law to be estreated, such estreat shall be made by the entry of an order, directing the same to be prosecuted, and the same shall be prosecuted as herein directed.

M reys collected (5143.) SEC. 33. The Prosecuting Attorney of every County by Prosecuting shall pay over to the County Treasurer thereof all moneys collected or received by him, on account of any recognizance, fines, penalties or forfeitures, within twenty days after receiving the same.

Account by Prosecuting Attorney.

and recognizan

.ces.

(5144.) SEC. 34. The Prosecuting Attorney of each County shall, at the first term of the Circuit Court held in his county, after the first day of January in each year, render to such Circuit Court, on oath, an account in writing, of all moneys collected or received by him on account of any recognizances, fines, penalties or forfeitures, during the year then next preceding, and of all such matters relating to any proceedings for the recovery of any fines, penalties or forfeitures, as such Court may require.

Pemitting fines (5145.) SEC. 35. Upon the application of any person who shall have been fined by any Court of law sitting in any county of this State, or of any person whose recognizance shall have become forfeited, or of his surety; the Circuit Court for the County in which such Court was held, or in which such recognizance was taken, may, upon good cause shown, remit any such fine, or any such forfeiture of recognizance, or any part of such fine, or of the penalty of such recognizance, upon such terms as to such Court shall appear just and equitable; and if any such fine shall have been paid, the officer in whose hands it may be, shall pay the same, or such part as shall have been remitted, according to such order.

Restriction of power to remit.

(5146.) SEC. 36. But the last section shall not authorize such Court to remit any fine imposed by any Court upon a conviction for any criminal offence; nor any fine imposed by any

Court upon any officer thereof, or any party therein, or upon any other person for an actual contempt of such Court, or for disobedience of its orders or process; nor to remit or discharge any recognizance taken in one county for the appearance of any person in another; but the power of remitting or discharging such recognizance, shall be exercised exclusively by the Circuit Court for the County in which such person is bound to appear.

cation.

(5147.) SEC. 37. No such application shall be heard until Notice of appl reasonable notice shall have been given to the Prosecuting Attorney, and until he shall have had an opportunity to examine the matter and prepare to resist the application.

(5148.) SEC. 38. Nor shall such application in any case be Costs to be paid. granted, without payment of the costs and expenses incurred

in the proceedings for the collection, either of such fine, or the penalty of such recognizance.

imposed by Jus

Peace.

(5149.) SEC. 39. When any person shall have been fined by Remission of fines any Justice of the Peace, upon a conviction for any offence, tices of the and shall have been committed to jail, there to remain until such fine shall be paid, the Circuit Court for the County may remit such fine, or any part thereof, and may discharge such person from his imprisonment; and shall exercise such power in the manner and subject to the provisions herein contained, in relation to fines and penalties of recognizances.

receiving moneys

etc., to pay over to Treas

urer.

account for such money s.

(5150.) SEC. 40. All officers or other persons, who shall All other persons collect or receive any moneys, on account of any fine, penalty for penalties, or forfeiture, in any case not hereinbefore provided for, shall same pay over the same to the County Treasurer, within twenty. days after the receipt thereof, and in case of failure so to do, the County Treasurer shall collect the same by attachment in the proper Circuit or County Court, in the manner herein before provided. (5151.) SEC. 41. Every County Treasurer shall keep an Treasurer, how to accurate account of all moneys paid to him on account of fines, penalties, forfeitures and recognizances, separate and distinct from all other accounts, and shall credit the same to the Library Fund, and he shall account therefor to the Board of Supervisors at each annual meeting of such board. (5152.) SEC. 42. All the moneys belonging to such Library Moneys to be apFund, shall be apportioned by the Treasurer at the times and in the manner provided in the preceding fifty-eighth chapter, Chapter 78. and shall be paid over to the Treasurers of the several Townships, according to such apportionment.

portioned.

Punishment for

not paying over moneys.

(5153.) SEC. 43. Any officer who shall collect or receive any moneys, on account of any fine, penalty, forfeiture or recognizance, and shall neglect or refuse to pay over the same according to law, or shall appropriate or dispose of the same to his own use, or in any manner not authorized by law, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, in the discretion of the Court.

R. S. of N. Y.,
Title 14, Chap. 8,

Part 3.

What controversies may be submitted to arbitra

Chapter One Hundred and Twenty-Nine of Revised Statutes of 1846.

(5154.) SECTION 1. All persons, except infants and married and women, persons of unsound mind, may, by an instrument tion, and by in writing, submit to the decision of one or more arbitrators, 1 Doug. Mich., any controversy existing between them, which might be the

whom.

1 Cal. Rep., 45.

106.

4 Denio, 250.

subject of an action at law, or of a suit in Chancery, except as herein otherwise provided; and may, in such submission, agree that a judgment of any County Court, or of any Circuit Court, to be designated in such instrument, shall be rendered upon the award made pursuant to such submission.

Real Estate.

(5155.) SEC. 2. No such submission shall be made respecting What claims to the claim of any person to any estate, in fee or for life, in real 5 Metcalf, 363. estate; but any claim to an interest for a term of years, or for one year or less, in real estate, and controversies respecting the partition of lands between joint tenants or tenants in common, or concerning the boundaries of lands, or concerning the admeasurement of dower, may be so submitted to arbitration.

acknowledged.

(5156.) SEC. 3. Every such submission shall be acknow-Submission to be ledged by the parties signing the same, before some officer 1 Doug. Mich., authorized to take the acknowledgment of deeds, who shall certify such acknowledgment thereon.

106.

hearing.

(5157.) SEC. 4. The arbitrators so selected shall appoint a Time, etc., of time and place for the hearing, and shall adjourn the same from time to time, as may be necessary; and on the application of either party, and for good cause, they may postpone such hearing to any time not extending beyond the day fixed in such submission for rendering their award.

tors, etc.

(5158.) SEC. 5. Before proceeding to hear any testimony, Oath of Arbitrathe arbitrators shall be sworn faithfully and fairly to hear and examine the matters in controversy submitted to them, and to make a just award thereon according to the best of their understanding, and either of such arbitrators shall have power to administer all necessary oaths to witnesses examined before them.

(5159.) SEC. 6. Witnesses may be compelled to appear before witnesses may be such arbitrators, by subpoenas, to be issued by any Justice of pear and testify. the Peace, in the same manner and with the like effect, and subject to the same penalties for disobedience, or for refusing

to be sworn or to testify, as in cases of trials before Justices of the Peace.

meet; majority

1 Gilman, 102.

(5160.) SEC. 7. All the arbitrators must meet together, and Arbitrators all to hear the proofs and allegations of the parties; but an award may award. by a majority of them shall be valid, unless the concurrence of all the arbitrators be expressly required in the submission. (5161.) SEC. 8. Upon such submission, and the award made confirming in pursuance thereof, being filed with the Clerk of the Courts Wend., 402. designated in such submission, within one year after the 5 Metcalf, 287. making of the award, such Court shall, by rule in open Court, confirm such award, unless the same be vacated or modified, or a decision thereon be postponed, as herein provided.

(5162.) SEC. 9. Any party complaining of such award, may

award.

6 do., 520.

7 do. 316.