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Sect. 25. He shall have the custody of all records, deeds, instru- Land agent, duments, plans, maps, charts, surveys, and other documents, relating to tesories, said property or appertaining to the lands in Maine, and safely keep the 1869, 103. same in the land office at the state house; he may make and certify copies thereof, and shall keep said office open at stated hours, as public convenience may require.

SECT. 26. All sales, contracts, leases, deeds, and instruments, made sales, &c., by, by him, shall be approved by the governor and council and recorded in to be approved the records of the land office, and without such approval and record, Resolves. the same shall be of no effect.

Sect. 27. He shall annually report to the legislature in detail all sales, to make releases, contracts, and other transactions, of said office for the previous year, port. to legislaand such other facts relating to said office and property as may be See Ch. 4. necessary or useful.

1859, 103.

MATTERS OF FINANCE. Sect. 28. Every public officer or board having charge of any depart- Public officers ment of the public service requiring an expenditure of money from the to make and state treasury, other than the payment of salaries, shall on or before the mates to speakfifteenth day of January in each year, submit in writing to the speaker of 1868, 168, gei. the house of representatives, a detailed estimate of the sums which will be necessary for the maintenance of the department for the current year.

Secr. 29. Every public officer or board having charge of the dis- Officers disburbursement of money, appropriated from the ordinary revenue or from sing money to the income of any funds belonging to or under the charge of the common- or wealth, shall annually in the first week of January, report in detail to 1869, 221, $ 2. the auditor, in such form as he shall prescribe, all expenditures made by them, and the objects to which such expenditures have been applied. Sect. 30. No money shall be paid from the treasury, but upon

the

Money to be warrant of the governor drawn in accordance with an appropriation in paid hom treassome act or resolve passed within the same political year, except for warrant of the payments required on account of the principal or interest of a public 1949, 56, 2 debt, or for the salaries of the judges of the supreme judicial court, and 1858, 1, $f 1, 2. of the governor, as established by standing laws. Said principal and interest shall be paid when due, and said salaries in the same manner as if a specific appropriation therefor were included in a separate law passed each year. No warrant shall be drawn for the payment of any account or demand except for the pay rolls of the council

, senate, and house of representatives, unless the same is certified by the auditor.

Sect. 31. The preceding sections shall not prevent the payment from Balances of apthe treasury in any year, to a person to whom the same is due, of any may be paid in appropriation or unexpended balance of an appropriation made in the succeedingyear, preceding year. If such an appropriation or balance shall not be called for by the person to whom it is due, or shall not be applied to the objects 1858, 1, $ 3. for which it was designed, within the political year in which it is made, or the succeeding year, it shall revert to the general treasury, and shall not afterwards be paid out, except upon a new appropriation.

Sect. 32. No appropriation law shall be construed to require any Payments to be payments to a person with whom the state has an unadjusted account. withheld from But the governor, upon receiving satisfactory information that any unadjusted acmoney is illegally withholden from the state by such person, shall instruct 1858, 11, $ 2. the treasurer to withhold all payments of money to him while such 1858, 158, § 13. default continues. SECT. 33. Payments authorized by laws appropriating money shall

from ordinary be made from the ordinary revenue, if no other provision is expressly revenue, &c. made therefor. Cash from the ordinary revenue on hand at the begin- Cash at beginning of each year, shall be carried to the account of the ordinary revenue 1853

, 11, 58. of that year.

1858, 158, $ 10, Sect. 34. All notes for money borrowed in anticipation of the reve

but not atterwards.

to be made

13.

Limitation of amount.

1858, 158, $ 13.

tion to super

1858, 11, $ 6.

year.

Yotes, how nue, shall be signed by the treasurer, approved by the governor, and signed, &c. Resolves,

countersigned by the auditor. 1855, 13.

Sect. 35. The interest on temporary loans to the state from banks, Payments of interest, &c. corporations, or individuals, shall be paid semi-annually, on the first days 1858, 158, $ 17.

of April and October in each year. of salaries,&c. Sect. 36. Salaries payable from the treasury shall be paid quarter. 1859; 11,99$ 3, 4. yearly on the first days of April, July, October, and January, and shall 1858, 158, § 13. be in full for all services rendered to the state by the persons to whom 1859, 272, § 4.

they are paid. No salary shall be paid to any person for a longer period than that during which he has been actually employed in the duties of the office. When a salary is diminished, no greater rate shall be paid by reason of any previous appropriation therefor. No person shall at

the same time receive more than one salary from the state treasury. Accounts for SECT. 37. Accounts for expenditures incurred or services rendered uuder orders of under an order of either or both branches of the legislature, shall be ho vlagpreved, approved by the presiding officer of the branch by which the same is &c.

passed, and thereupon the auditor shall audit and certify the same, and

the governor may draw his warrant therefor. But no such order shall 1858, 158, § 11. authorize the expenditure of more than one hundred dollars, unless & Resolves, 1857, 19. specific appropriation of a larger sum has been previously made. “ Incidental ex

Sect. 38. The term “incidental expenses,” when used in an appropenses." 1853, 11, $ 5.

priation, shall include expenses of postage, printing, and stationery.

Sect. 39. An appropriation for a service or object for which a larger Less appropria- or different appropriation has been made in some previous act or resolve,

shall supersede the other. sede larger.

Sect. 40. Laws making appropriations for a specified year shall not 1858, 158, § 13.

be construed to prevent the application in the following year of any 1859, 272, $ 6. Appropriations unexpended balance, to the same objects. for a specified

Sect. 41. Public functionaries charged with the execution of any 1858, 158, $ 15.

service for which an appropriation is made, shall use every effort to public function- accomplish the same for a less sum than the amount of the appropriation, ring liabilities,

when it can be done conformably to the interests of the state. No

public functionary shall make purchases or incur liabilities in the name

7. 1838; 153, ss 13, of the commonwealth for a larger amount than that which has been

appropriated by law for the service or object; and the state shall be subject to no responsibility for the acts of its servants and officers beyond the several amounts duly' appropriated by law. But this section shall not prevent public officers or boards from continuing the several departments of service under their charge during the month of January, until the pleasure of the legislature is made known, at the rate of expen

diture authorized by the appropriations for the preceding year. Same subject.

SECT. 42. No public officer or board shall incur any new or unusual 1855, 158, § 14.

expense, make any permanent contract, increase any salary, or employ any new clerk, assistant or other subordinate, unless an appropriation sufficient to cover the necessary expense thereof has been previously

made by the legislature. Improvements, Sect. 43. No permanent improvements, alterations, or additions, buildings, not

shall be made in any of the buildings belonging to the commonwealth, to be made with until specific descriptions of such intended changes, and estimates of antite an appropri- the expenses thereof, have been submitted to the legislature, and special 1859, 177, $ 1. appropriations made therefor; but this shall not prohibit expenditures

necessary for keeping said buildings and the grounds appurtenant thereto

in good order and condition. Bills exceeding SECT. 44. Before any charges are paid in bills or schedules for articles biety dollars. to purchased, services rendered, or expenses incurred, for the common; 1859, 221, $ 3.

wealth, except for salaries fixed by law or payments otherwise provided for, the auditor may, and where the amount exceeds fifty dollars shall, require affidavit to be made that such articles have been purchased, ser: vices rendered, and expenses incurred. All original bills, and original

Directions to

aries in incur

&c.

14.

&c., in public

for witness fees may be applied

bills included in such schedules, shall, within one month after the money has been paid, be delivered to the auditor to be retained by him.

Sect. 45. No committee of the legislature shall incur any expendi- Committees not ture or liability in behalf of the state, after the close of the regular ses- unless, &c. sion, unless there is a subsisting appropriation therefor; and the amount 1858, 168, § 12. of the expenditure or liability shall be limited by the appropriation.

SECT. 46. Any appropriation for fees of witnesses before committees Appropriation of the legislature, may be applied so far as necessary to pay.

the

expense of taking depositions ordered or authorized by such committees. Bills to taking depofor such fees or expenses of depositions shall be approved and audited 1869, 221, $ 1. as provided in section thirty-seven.

SECT. 47. In cases not otherwise provided for, the compensation for Compensation the services of committees of the legislature appointed to act during ers, &c., to be the recess, and that of legal counsel and commissioners appointed by determired by the executive, shall be determined by the governor and council

, who council. shall approve such claims before they are sent to the auditor of accounts. 1850, 143.

Sect. 48. Commissioners and other public officers having jurisdiction Travelling exthroughout the commonwealth, to whom travelling expenses are allowed, lic officers? shall receive for each mile actually travelled, not more than three and 1859, 221, $ 7. one-half cents a mile each way, nor more than the amount actually expended.

Sect. 49. No bill of charges against the state shall be allowed and Bills of charges paid, unless it specifies the items.

SECT. 50. The secretary, treasurer, auditor, land agent, and adjutant- 163233 general, shall lay before the legislature, at the commencement of the to lay before annual session, an account of the salaries and allowances received by leantstufen them and their clerks, and all other expenses of their offices, for the penses, &c.

Resolves, 1810, preceding year, with a statement of the names and periods of service of each clerk employed.

to contain iterus.

268.

CHAPTER 16.

OF THE STATE BOARD OF AGRICULTURE.

SECTION

SECTION 1. Board, how constituted.

6. Board to provide forms and regulate re2. Tenure of office of members - Vacancies, turns of agricultural societies, &c. how filled.

7. to report to legislature. 3. Board to meet at state house. Members to 8. Secretary to publish for distribution ab

have no compensation, except for expenses. stracts of returns of agricultural societies. 4. Secretary and clerk, salaries of, &c. 9. may appoint agents. Agents to report 5. Board to investigate subjects relating to

agriculture, take donations, &c.

to.

SECTION 1. The governor, lieutenant-governor, and secretary of the Board, how concommonwealth, one person appointed from and by each agricultural 1852, 142, ; 1. society which receives an annual bounty from the state, and three other persons appointed by the governor with the advice and consent of the council, shall constitute the state board of agriculture.

Sect. 2. One-third of the appointed members of the board shall Tenure of office retire from office on the first Wednesday of February in each year, vacancies, How according to their appointments. The vacancies thus occurring shall be filled. filled by the governor and council, or the agricultural societies, as the 1862, 142, $$ 1, 2. offices were before filled, and the persons thus appointed shall hold their offices for three years from the expiration of the former terms. Other vacancies may be filled in the same manner for the remainder of the

72. 1859, 46.

Board to inves

vacant. terms. The present members of the board shall continue to

hold their offices during the terms for which they are appointed. Board to meet SECT. 3. The board shall meet at the state house at least once in at state house. each year, and as much oftener as may be deemed expedient. No compensation member thereof shall receive compensation from the state, except for except, &c. 1852, 142, § 4. personal expenses when engaged in the duties of the board.

secretary, &c. SECT. 4. They may appoint and prescribe the duties of a secretary 1852, 142, $ . Resolves, 1854,

of the board, who shall receive a salary of two thousand dollars a year;

and who at such times as the board approve may employ a clerk at a See Ch. 15, $ 36. salary not exceeding six hundred dollars a year.

SECT. 5. They shall investigate such subjects relating to improvement tigatin subjects in agriculture in this state as they think proper, and may taku, hold in riculture, take trust, and exercise control over, donations or bequests made to them for 1852, 142, $ 3. promoting agricultural education, or the general interests of husbandry.

to provide SECT. 6. They may prescribe forms for and regulate the returns forms, regulate required of the different agricultural societies, and furnish to the secre1853, 127, $ 2. tary of each, such blanks as they deem necessary to secure uniform and

reliable statistics. to report to Secr. 7. They shall annually on or before the fourth Wednesday of legislature. 1852, 142, $ 4.

January, by their chairman or secretary, submit to the legislature a See Ch. 4. detailed report of their doings, with such recommendations and sugges

tions as the interests of agriculture may require. Secretary to SECT. 8. The secretary of the board shall in each year cause to be publish ab

made and published for distribution, as full an abstract of the returns of 1847, 69, $ 4. the agricultural societies as he deems useful. 1852, 142, § 4. may appoint

SECT. 9. He may appoint one or more suitable agents, to visit the agents, &c. towns in this state, under the direction of the board, for the purpose of

agents to report to. inquiring into the methods and wants of practical husbandry, ascertain1859, 203, § 1. ing the adaptation of agricultural products to soil, climate, and markets,

encouraging the establishment of farmers' clubs, agricultural libraries, and reading-rooms, and of disseminating useful information in agriculture by means of lectures or otherwise. Such agents shall annually in October make detailed reports to the secretary of the board.

stracts, &c.

TITLE VI.

CHAPTER 17.

OF COUNTIES AND CERTAIN COUNTY OFFICERS.

COUNTIES.

SECTION SECTION

9. Counties of Suffolk and Middlesex to have 1. Boundaries, powers, &c., of counties.

common jurisdiction on Charles River. 2. Former conveyances to counties confirmed.

10. Courts in Suffolk county to have concur3. In Suffolk, county property to belong to

rent jurisdiction with courts of other counBoston.

ties. 4. How county lands may be sold. 5. Counties to provide public buildings ex

COUNTY COMMISSIONERS. cept, &c.

11. County commissioners to be sworn and to 6. In Suffolk, public buildings to be provided choose chairman. by Boston.

12. Proceedings, if any of board are interested. 7. County maps.

13. If opposing parties appear, three disinter8. Same subject.

ested commissioners must act.

72

SECTION

SECTION 14. Comissioners may punish for contempt. 57. Sheriffs, bond of, may be sued, &c. 15. processes of, sheriffs and other officers to 58. Actions for malfeasance, &c., of sheriffs or execute.

deputies to survive. 16. general powers of.

59. Treasurer to furnish copies of bonds. 17. to examine and allow treasurers' ac- 60. Sheriffs not to be arrested. Executions to counts, &c.

run against property only. 18. to make estimates annually.

61. liabity of, when execution is returned un19. Penalties.

satisfied. 20. Commissioners and treasurer to publish 62. upon removal of, alias execution may county receipts and expenditures.

issue against their bodies, &c. 21. Commissioners to apportion county taxes. 63. Defaults of deputies, &c., after death, &c., 22. Limit of county debt.

of sheriff, to be adjudged a breach. 23. Contruts above $300, to be made in writing 64. Sheriff and deputy not to act as attorney. after sposals issued, &c.

Penalty. 24. When recognizances shall be required of 65. shall serve all writs, &c.; may serve parties who apply for damages, &c.

where their towns, &c., are parties, &c.; 25. Costa, &c., of applications for damages, to may attend juries for assessing damages, be ineluded in commissioners' estimate.

&c. 26. Proceedings not confined to the regular 66. may serve demands, &c., by copy. meetings of commissioners.

67.

may command aid. 27. to be returned to the regular or special 68. may serve writs after sheriff's removal meeting, &c.

from office. 28. Commissioners to furnish blanks, &c., to 09. to attend courts, &c. cities and towns.

70. compensation allowed to, in each county. 29. compensation of.

71. to render account to county treasurers 30. Costs when petition is disallowed.

of all money received. 31. Commissioners, times and places for meet- to make returns of moneys received, &o., ings of.

and number of days' attendance upon 22. Selectmen of Nantucket to have powers of courts. Penalty.

commissioners ; town may raise money for 73. Secretary to furnish blanks.

county expenses. 33. Aldermen of Boston to have powers of com

CORONERS. missioners, except, &c.

74. Coroners to be sworn, and give bond. 21. In Chelsea, North Chelsea, and Winthrop, | 75. Superior court to examine into sufficiency commissioners of Middlesex to act.

of coroner's bonds ; if insufficient, new to 33. To wbom powers and duties of commis- be given. sioners appertain.

76. Surety of coroner, may petition to be dis

charged. COUNTY TREASURERS.

77. Penalty for neglecting to give bonds. Suits 36. County treasurer to be sworn and give on coroner's bonds. bond.

78. Coroner to execute process where sheriff is 37. compensation of.

a party, &c. vacancy in office of, how filled.

79. shall perform duties of sheriff during to pay over moneys according to order vacancy in sheriff's office. of commissioners.

so. may require aid ; not to act as counsel, &c. 40. to account with commissioners. 41. Further assessments not to be made until

COMMISSIONERS OF INSOLVENCY. treasurer's accounts are allowed.

81. Commissioners of insolvency to be sworn. 42. Treasurer may sue on bonds, &c., given to Vacancies in office of, how filled.

predecessors, and prosecute for injuries. 43 proceedings when public officer fails to

REGISTERS OF DEEDS. pay over money to.

82. Districts in Berkshire, middle, northern, H. of Suffolk.

southern. 4. of Nantucket.

83. in Bristol, southern, northern. 46. Incompatibility.

84. in Middlesex, northern, southern. BOARD OF EXAMINERS.

85. Registry of deeds in other counties.

86. Register to be sworn, and give bond. 4. Board of examiners in each county, except, 87. may be appointed in certain cases. &c., of whom to consist.

88. may be removed. 48. duty of in respect to commissioners' ac- 89. must reside where office is kept. counts.

90. Deeds to be recorded in county or district 49. compensation of.

where the estate lies.

91. Special provision respecting Barnstable. BOARD OF ACCOUNTS IN SUFFOLK.

92. Register to keep book for noting receipt of 50. In Suffolk, board of accounts to examine deeds. and settle accounts, &c. Compensation.

93. Deeds to be noted therein when received.

94. Manner of recording instruments, &o. SILERIFFS.

05. Certificate to be made on deed, when re51. Sheriffs, to be sworn and give bond.

corded. 52. vacancies in office of, how filled.

96. Form of indexes to be kept by registers. may appoint deputies.

97. Entries to be made within twenty-four bonds of, to be annually examined by hours, &c. superior court, &c.; ff insufficient, new to 98. Provisions respecting entry of name of be given.

grantor of estates conveyed by sheriffs, &c. 5. suretics of, may be discharged, when, &c. 99. Deeds of executors, &c., and partitions of 56. penalty on, for neglect to give bond. land, how indexed.

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