to be transmit

said Courts, shall be recorded by the respective Clerks in a book for that purpose to be provided and kept; and a fair copy of the said estimates shall be signed by the Chief Justice or senior Justice presiding in the said Courts, and attested by the Clerks thereof; and the said Clerks respectively ted to the See shall transmit the same to the office of the Secretary of the before the first State, on or before the first day of January annually, so that day of January the said estimates may be laid before the Legislature for their approbation, at the session thereof which may be thereafter next holden.

retary of State

annually.

County Treasurers to exhibit

their account estimates. &c.

annually, with

and deliver them to the Clerks.

SEC. 2. Be it further enacted, That the Treasurers of the several counties, be, and they are hereby directed to prepare and exhibit their accounts as county Treasurers annually, to the close of every year, to be accompanied with the esti mates for county taxes being first allowed and approved by the said Courts; and it shall be the duty of the said Treas urers to deliver the said accounts to the said Clerks of the Courts aforesaid; and it shall be the duty of the said Clerks them to Secre- to inclose and seal up the said Treasurers' accounts with the said estimate, and transmit them to the office of the Secretary of the State, that they may be examined and allowed by the Legislature, at the same time with the said estimates for county taxes.

Clerks to send

fary of State,

&c.

Treasurers, At.

hibit annually

sions account

SEC. 3. Be it further enacted, That it shall be the duty of tornies and the several county Treasurers, county Attornies, Sheriffs, Sheriff's to ex and all other persons holding money or effects belonging to to Court of Ses their respective counties, annually, or oftener, if thereunto of money, &c. required, to exhibit an account of the same to the said Court of Sessions, at such time as they shall appoint: and ized to adjust the same Courts are authorized to examine and adjust such them and cause accounts, and to make a reasonable allowance for all such payment of balances. services as are not provided for by law; and on settlement to cause the balances which shall be found due to be paid into, or from, (as the case may be,) the several county Treasu ries.

Courts author

C. Courts of

allow and or

SEC. 4. Be it further enacted, That the several Circuit Com. Pleas to Courts of Common Pleas in this State, be, and they are hereder payment of by authorized and empowered to receive, examine, and alcidental ex- low the accounts, and order payment out of the Treasury of Tenses in said their respective counties, for services and expenses incident to said Courts, any law to the contrary notwithstanding.

accounts of in

Courts.

Register of deeds to be

[Approved March 10, 1821.]

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CHAPTER XCVIII.

An Act concerning Registers of Deeds.

SEC. 1. BE it enacted by the Senate and House of Represent chosen by ballot atives, in Legislature assembled, That there shall be chosen in September, by ballot, in each county within this State, by such persons as

every 5 years

are qualified to vote for Representatives, at the town and 1821, and once plantation meetings, on the second Monday of September, in afterwards. the year of our Lord, one thousand eight hundred and twentyone, and every five years thence following, some discreet and suitable person to be Register of Deeds. And the Selectmen Mode of eles of towns, and Assessors of plantations shall receive, sort and tion. count the votes of the qualified electors present, and declare the same; and the town or plantation Clerk shall form a list of the persons voted for, with the number of votes for each person against his name, and having recorded the same, shall transmit a certified copy of the record to the Clerk of the Court of Sessions within the county, on or before the first day of the term of said Court next after the said month of September; and it shall be the duty of said Court, on the second day of said term to examine the certified copies of the records aforesaid, returned by the Clerks of the towns and plantations within their county; and the person having a majority of all the votes legally returned, shall be declared Register of Deeds, and shall hold his office for the term of five years, and until some other person shall be chosen and qualified to act in his place. And the said Register shall be sworn to the faithful discharge of the duties of his office, and shall give chosen, to be bond with sufficient suretics to the Treasurer of the county, in give bond to the sum of two thousand dollars for the faithful discharge of county Treas his trust Provided, That whenever the Register of Deeds of Sessions. shall be Treasurer of the county, such bond shall be given to the Clerk of the Court of Sessions.

Register so

sworn, and to

urer, or

When no choice

people, what

proceedings are another trial.

to be had at

SEC. 2. Be it further enacted, That whenever it shall happen that no person shall have a majority of all the votes is made by legally returned, for a Register of Deeds in any county within this State, it shall be the duty of the Court of Sessions to issue their warrants to the Selectmen of towns, and to the Assessors of plantations, to call meetings of the qualified electors, to vote for a Register of Deeds; and the votes shall be received, sorted, counted and declared, and lists thereof recorded and certified to the Court of Sessions, in the manner prescribed in the first section of this Act; which certified lists shall be returned to the Clerk of the Court of Sessions previous to the time to which said Court shall adjourn, for the purpose of examining the same.

ceive 17 cents

deeds. &c. for

SEC. 3. Be it further enacted, That every Register of Deeds Register of in this State, for each deed or instrument made for the con- Deeds to reveyance of land, or any title therein, brought to his office to duty on all be recorded, shall, before he record the same, demand and re- use of county. ceive, of the person bringing the same, seventeen cents; and on or before the first day of April annually, shall account on oath for, and pay to the Treasurer of the same county, all the duties that shall be so received; and said Register shall be allowed for receiving and paying said duties, at the rate of two per cent. thereon.

When Register

is found guilty

&e in office,

Clerk of Su

Court.

SEC. 4. Be it further enacted, That when any Register of of misconduct, Deeds, upon the presentment of the Grand Jury, or informahis reco da to tion of the Attorney General, in the Supreme Judicial Court, be delivered to shall by confession, demurrer, verdict or default, after reasonpreme Judicial able notice, be found guilty of misconduct or misbehaviour in his said office; or that by reason of infirmity of body or mind, he is incapable of discharging the duties thereof; the said Court shall enter up judgment thereon that the same Register be removed and displaced from the said office; and thereupon issue a writ to the Sheriff of the same county, to take the books and papers, to the said office belonging, and them deliver over to the Clerk of said Court, to be by him carefully kept, until a Register shall be duly chosen and qualified as the law directs.

In case of death, resigna

of Register.

what proceed. ings are to be

had.

SEC. 5. Be it further enacted, That upon the death, resigtion or removal nation, or removal of any Register of Deeds, two or more Justices of the Sessions, living in or near the shire town of the county, shall issue their warrants, directed to the Selectmen of the several towns, and assessors of plantations, within such county, directing them to convene the inhabitants of their respective towns and plantations, qualified as aforesaid, and to proceed to the choice of some person qualified as aforesaid, to fill up the vacancy; and the said Justices shall make their warrants returnable to themselves at a day certain, and shall give notice to the other Justices of the Sessions of their proceedings therein, and request them to meet upon the day appointed for the return of the said warrants, at some certain place in the shire town; and the major part of the Justices of such Court, who shall meet at the time and place assigned as aforesaid, shall examine the returns made as before directed, and the person having the majority of votes, after being sworn, and giving bonds as aforesaid, shall be the Register of Deeds for such county, until the time appointed by this Act for the election of Registers of Deeds throughout the State.

In case of va cancy. Clerk of

cial Court to be sworn-and take charge

and perform

of Register, during such vacancy.

SEC. 6. Be it further enacted, That whenever a vacancy Supreme Judi- in the office of Register of Deeds in any county shall happen, the Clerk of the Supreme Judicial Court of such county, being first sworn to the faithful discharge of the trust, shall take into certain duties his custody the several books, wherein the deeds and conveyances of land are recorded, together with the deeds and other papers to the said office belonging. And the said Clerk shall receive all deeds and other papers brought to be recorded, during such vacancy, and he shall note thereon the time of their being received, and the record shall bear date accordingly; and such Clerk is also empowered during such vacancy, to make out attested copies of any such deeds and other papers and records to him committed as aforesaid; which copies shall be valid to all intents and purposes as though the same had been made out by any Register qualified as aforesaid; for which copies the said Clerk shall be

allowed the same fees as is or may be provided for Registers in similar cases. And upon the appointment of a Register as aforesaid, he shall deliver up the said books, deeds and papers, into his hands.

[Approved March 19, 1821.]

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CHAPTER XCIX.

An Act directing the time and manner of appointing County Treasurers, and for other purposes.

en annually on

September.

of votes to be

to next Court

and give bond,

SEC. 1. BE it enacted by the Senate and House of Repre- County Treatsentatives in Legislature assembled, That there shall be annu- urer to be chos ally chosen in each county within this State, on the second 2d Monday of Monday of September, by the written votes of such persons as are by the Constitution qualified to vote for Representa- Mode of choos tives in the several towns and plantations, a discreet suitable ing person, being a freeholder and resident in the same county, for a county Treasurer; the votes to be counted and sorted in the town or plantation meeting by the Selectmen or Assessors thereof, and town or plantation Clerk; the names of the persons voted for, and the number each person had, shall be recorded by the Clerk in the town or plantation book, and Copy of record an attested copy of such record shall be transmitted under sent under seal seal to the next Court of Sessions to be held within and for of Sessions. the same county, on the first day of the Court's sitting; there to be opened and compared with the like returns from the several towns and plantations in such county and the per- Person chosen son having the majority of the said votes, and accepting of to be sworn the said office, after being sworn to the faithful discharge of' the trust before the said Court, or any two Justices, quorum unus, and giving bond for the faithful discharge of the trust, with sufficient sureties, in such penal sum as the Court shall direct, to the Clerk of said Court for the same county, for the time being, and his successor in that office shall continue in and to continue the said office for the term of one year, and until some other in office till person shall be chosen and qualified as aforesaid in his room. en and qualifi. And in case upon comparing the votes returned as aforesaid, In case of no no one person shall have a majority of the whole number of proceedings are votes returned, or the person chosen shall decline accepting the office, or after accepting, shall die or resign, or remove out of the county within the year; then, and in such case, it shall be lawful for the Justices of the same Court to appoint, by ballot, a suitable person, being a freeholder in the same county, to that office; and the person thus appointed by the Court of Sessions, and accepting the office, and being sworn to the faithful discharge of the trust, and giving bond as before directed, shall be 'Treasurer of said county for the remainder of the year, and until some other person shall be chosen and qualified in manner aforesaid.

another is chos

ed.

choice what

to be bad,

County Treasurer's duty as to paying

SEC. 2. Be it further enacted, That all monies received by the county Treasurer, for the use of the county, shall be county charges improved and employed by him for the defraying county charges, as the Court of Sessions, Circuit Court of Common Pleas, and the Supreme Judicial Court, shall, pursuant to law, from time to time, by their order in writing, direct and ap-1 point; and each county Treasurer shall account with the Court of Sessions for the same county of which he is Treasurer, for all his receipts and payments; which Court shall make him such allowance for his executing the duties of his office as to them shall seem reasonable.

To enforce payment of @ounty taxes

in same manner as State Treasurer.

Tolay an ac

SEC. 3. Be it further enacted, That each county Treasurer, respectively, be, and hereby is authorized and empowered to draw in and enforce the payment of all county rates and taxes, assessed agreeably to the directions of law, by the same rules and methods prescribed for the Treasurer of the State to gather in the rates and taxes assessed for the use of the State, and shall annually lay before the Legislature an account of all Count annually monies that shall have been raised in the county to which he belongs by assessments on the several towns and places therein, or by any other way or manner by him received as county Treasurer, and how the same have been disposed of; and no further assessments shall be made on the several towns and places in the county to which he belongs until the said account has been offered to the Legislature and allowed by them.

before the Legislature, of monies raised. &c. and how disposed of.

Persons not eli

gible to te of

'Treasurer.

SEC. 4. Be it further enacted, That from and after the passfice of county ing of this Act, no person shall be eligible as county Treasurer, who holds the office of Attorney General, or who is empowered to act as Attorney for the State within the county, nor any person holding the office of Justice of the Circuit Court of Common Pleas, Clerk of the said Court, or Sheriff.

Costs paid to clerks to be

SEC. 5. Be it further enacted, That in all civil actions, in paid to county which the State shall be a party, whether by scire facias, or Treasurer, who other suit or process, the costs which may be taxed in favor State Treasur- of the State, and which may be paid before any execution fines, penalties, shall issue, shall be paid to the Clerk of the Court in which

shall settle with

er, as in case of

&c.

County Attor

said suit shall be pending, and by him immediately paid over, without any deduction, to the Treasurer of the county, who shall account for and settle the same with the State Treasurer, in the same manner as is provided by law for the settlement and adjustment of accounts by county treasurers of fines, penalties, and forfeitures and costs in criminal prosecutions.

[Approved March 15, 1821.]

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CHAPTER C.

An Act respecting the Offices and Duties of the Attorney General and County Attornies.

SEC. 1. BE it enacted by the Senate and House of Reprepointed and sentatives, in Legislature assembled, That the Attornies for the