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An Act directing the method of preferring Petitions to the
General Assembly, and of acting thereon.
shall be lodged in Secretary's office-
eral assembly to be continued-bond
given-citation issued. 3. Time to be assigned for hearing peti
tions-docket to be made.
-executions to issue for costs—when
returnable. 5. Party obtaining new trial to pay costs,
&c., in case. 6. Suit may be brought on bond-dama
ges low ascertained.
It is enacted by the General Assembly, as follows:
SECTION 1. Whenever any person shall prefer a petition to the general assembly, praying that any judgment, rule of court or determination, may be set aside, or that execution may be stayed, or for any matter or thing whereby any action or proceeding in any court may be stayed or delayed, or the place of trial of any action may be changed, he shall, three weeks before the session of the general assembly to which such petition shall be preferred, deliver and lodge his petition in the secretary's office, together with his bond to the adverse party, with one sufficient surety, in such sum as the secretary, considering the nature of such petition, shall think meet; the condition of such bond shall be for the payment of all lawful costs and damages, which the adverse party shall sustain by means of preferring such petition : and thereupon the secretary shall issue a citation for the adverse party to appear, if he shall think fit, at the session of the general assembly to which such petition shall be preferred, to show cause why such petition should not be granted; and the adverse party shall be served with such citation, and a copy of such petition, by the sheriff of the county or his deputy, where he may dwell, ten days at least before such session of the general assembly; and if such person cannot be found by the sheriff or his deputy, then the leaving a copy of the petition and citation at the usual place of his abode shall be deemed a good service; and the sheriff or deputy shall make a return of all his doings to the said secretary, at the first opening of the general assembly.
Sec. 2. When any petition shall be received by the general assembly, the granting whereof may, by any means, relate to or concern the interest, property or character of any other person whomsoever, every such petition shall be referred to some future session of the assembly, and the person so
petitioning shall, at least thirty days before the sitting of the said assembly, give bond in manner as before directed, and all persons so concerned shall be duly served with a copy of such petition, and the vote of assembly thereon, and be cited in manner as aforesaid.
SEC. 3. At the beginning of every session of the general assembly, a time shall be assigned for the hearing and determining of all petitions pending before them; and the secretary of state shall make a docket of all such petitions, which docket shall be set up in view in the house where the assembly shall sit, with a note at the bottom thereof of the time appointed for their being heard.
Sec. 4. No petition shall be received by the general assembly, unless the petitioner shall pay the fees established by law; and the same costs shall be allowed the parties and taxed upon petitions preferred to the general assembly, as are allowed by law in causes before the supreme court; and the bills of cost shall be taxed by the secretary, who shall issue execution for the same, returnable to the next succeeding session of the assembly.
Sec. 5. Whenever any new trial shall be awarded by the assembly to any person, the party obtaining any such new trial shall pay all lawful costs and damages, that he has put the adverse party to, in defending against such petition, unless he shall, upon such new trial, obtain some alteration of the former judgment, in his favor.
Sec. 6. When any person shall sustain any damage, by reason of any petition preferred to the general assembly, concerning which bond shall have been entered into as aforesaid, the secretary shall deliver such bond to the person so aggrieved, who may bring a suit thereon; and the court before whom such suit shall be brought, are hereby empowered by themselves or by a jury, at the election of either party, to hear the parties concerning all matters of damages as herein before expressed; and on a hearing, justly and equitably, to determine what damages the party complaining may have sustained, by staying the execution, or other proceedings in such cause, or by granting a new trial therein ; and may reduce the sum mentioned in such bond to just damages ; and the court shall award execution accordingly.
An Act in relation to the Secretary of State.
SECTION 1. Secretary may appoint a deputy-de- 3. Number of commissions issued, to be
puty to be sworn-duties of-secreta re to general treasurer. ry answerable for his neglect.
4. Secretary's salary. 2. Public letters to be registered.
It is enacted by the General Assembly, as follows:
SECTION 1. It shall and may be lawful for the secretary of state, by writing, to appoint a deputy under him, who being duly sworn before the governor, lieutenant governor or one of the senators or some judge of a court of record, for the faithful discharge of the duties of his office, is hereby authorized and empowered to act and do, in the absence of the secretary of state, all things by law required of him, as fully and amply, and to all intents and purposes, as the secretary himself might or could do; and the secretary shall be responsible and liable in law for all and every misconduct, neglect or default of such deputy.
Sec. 2. It shall be the duty of the secretary, to register all letters sent from this state, in a book for that purpose, and also all such public letters as shall be sent to this state from the secretary of state of the United States or other person or officers, in another book to be kept for that purpose. .
Sec. 3. It shall be the duty of the secretary to make return to the general treasurer, on or before the first Monday of October annually, of the number of commissions issued, and to whom by him delivered, on which a tax of one dollar each is payable into the general treasury,
Sec. 4. The secretary of state shall receive as a salary the sum of seven hundred and fifty dollars per year, to be paid him quarterly out of the general treasury.
An Act in relation to the Attorney General. Attorney general to attend the general assembly and courts; duties of. It is enacted by the General Assembly, as follows :
SECTION 1. The attorney general shall give his attendance at the general assembly, and at the supreme court, and courts of common pleas, for the service thereof: and shall give unto such courts, due advice and information, concerning any criminal matters, breaches of the peace, or wrong done to the state, or any of the citizens thereof, that shall come to his knowledge ;
and draw and present to such courts, all informations and indictments, or other legal process, against any such offenders, as by law is required, and diligently, by a due course of law, prosecute the same to final judgment and execution.
An act in relation to the General Treasurer.
SECTION 1. General treasurer to give bond.
in May, of receipts. &c., for the whole 2. General treasurer to present semi-an year preceding; school'fund.
nual report of receipts and expendi- 7. No money paid out of the treasury untures.
less by order of the general assembly, 3. General treasurer to classify receipts,
except, &c. &c., in a tabular statement.
8. Treasurer to deposite funds in bank. 4. Same subject.
9. Claims against the state, to be present5. General treasurer to report all sums ed to treasurer for examination, &c.
due from any persons, &c., under the 10. Treasurer shall establish rules, &c., revenue laws.
for the presentation of claims. 6. General treasurer to present statement 11. Treasurer's salary.
It is enacted by the General Assembly, as follows :
, previous to entering on the duties of his office, give bond to this state, with sufficient sureties, to the satisfaction of the governor, in the sum of forty thousand dollars, for the true and faithful discharge of the duties of his said office; which bond shall be deposited with, and kept by the secretary of state.
SEC. 2. The general treasurer shall present to the general assembly at their May and October sessions in every year, a particular account of receipts and expenditures of public money, from what sources the state revenue shall have been derived, and what amount thereof from each source; and what amount from each town and the citizens and corporations thereof, and on what account; putting the towns and citizens and corporations thereof in each county by themselves. And also how, and for what purposes the money in the state treasury shall have been applied or expended : and what amount in each county, and for what purposes. And he shall at the close of his report, furnish a general summary of receipts, expenditures and balances transferred and on hand during the preceding six months.
Sec. 3. In the tabular statement accompanying the semiannual reports of the general treasurer, exhibiting the receipts and expenditures by towns and counties, he shall classify the expenditures of the state under the following heads, as nearly as can be done.
C. Pay of representatives.
D. Courts.—Specifying the amount paid in each of the courts for the following purposes: 1. Attorney general. 2. Jurors. 3. Witnesses. 4. Clerks. 5. Officers. 6. Other costs, waiters and incidental expenses.
E. Orders of the governor.
H. Accounts allowed by the assembly under the following heads: 1. Repairs, furniture, &c. of state prison. 2. Do. of court houses. 3. Do. of jails. 4. Do. of Bridges. 5. Do. of other public works. 6. Expenses incurred by or on account of any bank commissioners. 7. Boundary law suit. 8. Printing. 9. Clerks, officers and incidental
ers and incidental expenses of assembly. 10. Accounts allowed to jailers. 11. To justices. 12. To witnesses. 13. To officers for services in criminal cases. 14. Militia and military affairs. 15. Indian tribe. 16. Miscellaneous.
Sec. 4. In the account of moneys received from the different courts he shall state separately, the amounts received from the following sources : 1. Entries. 2. Jury fees. 3. Other costs. 4. Taxes on clerk's fees. 5. Fines. 6. Miscellaneous.
Sec. 5. It shall be the duty of the general treasurer, to connect with each of his semi-annual reports, a report of all such sums of money as within his knowledge shall be due to the state, from any persons, corporations or towns, by virtue of
any of the revenue laws; and what amount from each. And also to report all such breaches or want of enforcement of the license, or any other of the revenue laws of the state, by any persons or towns, as shall come to his knowledge, or as may in his opinion exist, whereby the state may be defrauded of any of its revenue.
Sec. 6. The general treasurer shall present with his semiannual report, at every May session, in addition to the statements now or herein before required, a statement of the receipts and expenditures for the whole of the preceding year, classified according to law. He shall also report at every May session, the receipts and expenditures on account of schools and school fund, under appropriate heads, together with the state and amount of said fund, and how the same is invested. He shall also, in his semi-annual reports, state any other expenses particularly, under such heads as he may deem necessary, for the better information of the general assembly.
Sec. 7. No money shall be paid out of the general treasury to any person, unless he produces an order therefor, from