CHAP. 121.-An ACT concerning contempts of court." (Passed February 18th, 1826.) sign bills of ex record. from what courts 1. Be it enacted by the general assembly, That hereafter, in pro- Judges, &c. to ceeding against any person or persons, in any court of record with- ceptions to their in this commonwealth, for any contempt of such court, or of any proceedings. judge or justice thereof, it shall be the duty of the judge, judges or justices, before whom such proceeding is pending, to sign and seal any bill of exceptions, tendered to the court during the progress thereof; provided the truth of the case be fairly stated in such exceptions: And thereupon the said exceptions shall, by the clerk of To be entered of the said court, be entered in the record of such proceeding, and become, to all intents and purposes, a part thereof. Error appa- For what, and rent on the record, in any judgment for contempt, rendered by any writs of error will court other than the court of appeals, or in the proceedings on lie. which such judgment is rendered, may be corrected by writ of error; and to that end, the writ shall lie to the county and corporation courts, from the superior courts of law; to the superior courts of law, from the general court; to the general court and superior courts of chancery, from the court of appeals; or any judge of the said courts respectively, in vacation: Provided, That such writ, Proviso. from the court of appeals to the general court, shall not extend to any judgment affirming or reversing a judgment of a superior court of law. tive. 2. When judgment shall have been rendered against any person Power of pardon for a contempt, and there shall be any thing in the nature of the given the execuoffence, or condition of the offender, strongly recommending him to mercy, the executive shall have power to pardon the offence, and remit the punishment, whether corporal or pecuniary, either wholly or in part. 3. Nothing in this act contained shall be construed to extend to Act not to extend any proceeding by attachment to compel the performance of any attachment. to proceedings by decree or judgment, or to enforce obedience thereto. 4. This act shall be in force from and after the passing thereof. Commencement. CHAP. 122.-An ACT concerning the making of elections, appointments, and recommendations or nominations by the courts of record of this commonwealth.t (Passed February 10th, 1831.) recommendations voce vote. 1. Be it enacted by the general assembly, That in every election Appointments and or appointment of any person to any public office, place or trust, by courts of rewhich now is, or which shall hereafter be authorized or required by cord to be by viva law to be made by any of the courts of record, now, or which may hereafter be ordained and established within this commonwealth, and in every recommendation or nomination of any person to the executive of this commonwealth, to fill any public office, place or trust, which now is, or which shall hereafter be authorized or required by law to be made by any of the said courts, the votes shall be given viva voce in open court; and in every such election, ap- Votes how to be pointment or recommendation, the vote of each judge, justice, ed. mayor, alderman or other judicial member of the court, voting Acts 1825-6, ch. 18, p. 20. For further provisions on this subject, see ante. ch. 109, § 25; acts 1830-31, ch. 11, pp. 48, 49. + Acts 1830-31, ch. 19, p. 78. See ante. constitution, ch. 5, art. iii. § 15, polled and record be transmitted to therein, shall be polled and recorded in the order or minute book to Copy of votes to the person for whom the same may be given. And in each case of recommendation or nomination, a copy of the final voting as polled, and the proceedings of the court thereon, taken from the order or minute book, shall be transmitted with the order of recommendation to the executive. executive with recommendation. Commencement. Where fine does not exceed two 2. This act shall be in force from and after the first day of March next. CHAP. 123.--An ACT concerning grand juries.* (Passed March 3d, 1821.) 1. Be it enacted by the general assembly, That hereafter no ofdollars, grand ju- fence, on which the fine imposed by law does not exceed the sum ry not to present. Of two dollars, shall be presentable by a grand jury. Repealing clause. Commencement. Tenure of office of clerks. Proviso. Clerks removable at discretion of court. Magistrates in county courts to be summoned and number required. 2. All acts, and parts of acts, within the purview of this act, are hereby repealed. 3. This act shall be in force from the passing thereof. CHAP. 124.-An ACT regulating the appointment of clerks of courts, and the tenure of their offices.t (Passed March 18th, 1831.) 1. Be it enacted by the general assembly, That hereafter the office of clerk of any court of record within this commonwealth, shall continue and be held and enjoyed for and during the term of seven years, from the commencement of the term of service and no longer: Provided, however, That nothing herein contained shall be so construed, as to prevent the re-appointment of any clerk. 2. Be it further enacted, That any clerk of any court of record within this commonwealth may be removed from office at any time during the term for which he may have been appointed, at the discretion of the court of which he is clerk: Provided, however, That before any such removal, by any county or corporation court, all the acting magistrates of such county or corporation court, shall be summoned for that purpose, a majority of whom shall be present, and two-thirds thereof concur in the propriety of such removal: And provided, also, That the clerk of any court of record within movable for mal- this commonwealth, shall and may be removed for malfeasance or corruption in office, on conviction thereof, upon information or indictment in the superior court for the county or corporation wherein How clerks re feasance or cor ruption. When office of appeals, and coun such clerk shall reside. 3. The office and duties of the present clerk of the court of apclerk of court of peals, and of the present clerk of every county and corporation ty and corporation Court within this commonwealth, shall terminate on the first Monday courts to termi- in July next; and it shall be the duty of the court of appeals, at its Court of appeals first session after the adjournment of the present legislature, to prowhen to appoint ceed to the appointment of a clerk thereof: whose office and duties shall commence and run from the said first Monday in July next. nate. *Acts 1820-21, ch. 33, p. 34. + Acts 1830-31, ch. 20, p. 78. For the mode of appointment of clerks, see ante. ch. 122. Under the former constitution the clerks held their offices during good behaviour, to be judged of by the general court; 1 Rev. Code 1819, ch. 4, § 15, p. 36. Former laws on the subject of clerks, ibid. ch. 77, pp. 272276; duelling oath to be taken in addition to the oaths required in revised act; acts 1830-31, ch. 37, § 3, p. 104. And it shall be the duty of every county and corporation court with- When clerks for in this commonwealth, at its May term next, to cause an order to be ration courts to be county and corpomade, directing all the acting magistrates of such county or corpo- appointed. ration to be summoned to the next succeeding court, whose duty it shall be, being so summoned, and a majority of such justices being present, to proceed to the appointment of a clerk, to fill the vacan cy created by this act; and the office and duties of the clerks thus When clerks to appointed, shall commence and run from the said first Monday in commence duties. July next. clerks elected to 4. In all cases of vacancy in the office of clerk of any court in Term of office of this commonwealth, occasioned by death, resignation, removal from supply vacancies. office, or by the expiration of the term of office, the election shall number requisite. be for the term of seven years: Provided, That before any county Magistrates to be or corporation court shall make such appointment, the acting jus- summoned, and tices of the peace for such county or corporation, shall have been summoned for that purpose, by an order of such court previously made, and a majority thereof be present; and, in the mean time if necessary, such court may appoint a clerk pro tempore. made. 5. The first appointment of clerks, to any courts within this com- First appointmonwealth, either now existing, or which may be hereafter estab-ments how to be lished, not enumerated in this act, shall be after such manner and form as may be hereafter prescribed by law.. act concerning 6. Nothing in this act contained shall be so construed, as to re- Only so much of peal or in any manner impair the provisions of an act concerning clerks of courts, clerks of courts, passed the ninth day of January, eighteen hundred conflicting hereand nineteen, so far as they agree with the provisions of this; but the same are hereby declared to be in full force. with, repealed. 7. This act shall commence and be in force from the passing Commencement. thereof. CHAP. 125.-An ACT requiring indexes of records.* certain indexes. 1. Be it enacted by the general assembly, That from and after the Clerks to make commencement of this act, it shall be the duty of the clerks of all the courts of this commonwealth, to make and keep an index of all orders made by such courts respectively: also, an index, in the names of both plaintiffs and defendants, of all final judgments and decrees rendered by their respective courts; also, a like index of all executions issued by such clerks respectively; and an index of all wills, inventories and appraisements, executors, administrators and guardians' accounts, admitted to record in their several courts. Duties imposed by former laws not dispensed with. 2. Nothing in this act contained shall be construed to dispense with any duty required, or penalty imposed, by any other law. 3. This act shall be in force from the fifteenth day of June next. Commencement. CHAP. 126.-An ACT concerning indexes to deeds.t [Passed February 27th, 1829.] 2. And be it further enacted, That it shall be the duty of the Clerks of courts to clerks of the several county and corporation courts within this com- all deeds recorded index hereafter, monwealth, to index all deeds hereafter admitted to record in the in their courts. *Acts 1830-31, ch. 21, p. 79. See post. ch. 126. + Acts 1828-9, ch. 27, p. 29. The preamble and first section of this act omitted, being a special appropriation to David Dorrington for indexes to deeds in the general court. 2 Commencement. Clerks to transmit to the auditor, annually, copies of sheriffs' bonds. said courts respectively, and the offices thereof, as well in the name of the grantee as of the grantor. 3. This act shall be in force from its passage. CHAP. 127.—An ACT concerning the clerks of county and corporation courts.* (Passed February 22d, 1820.) 1. Be it enacted by the general assembly, That it shall be the duty of each clerk of a county or corporation court within this commonwealth to transmit to the auditor of public accounts, annually, an attested copy of the bond entered into by any sheriff or other Within what time. collector of the public revenue in his court, within ninety days after such bond shall have been taken by the court aforesaid; and, in Penalty for failure. failure of so doing, such clerk shall be liable to a fine of one hunHow recoverable. dred and fifty dollars, to be recovered against him or his representative, by the auditor of public accounts, upon reasonable notice, in the general court. Copies of such bonds, heretofore entered into bonds heretofore at any time since the first of January, eighteen hundred and nineso transmitted. teen, as have not been transmitted to the auditor, shall be transmitted to him, duly attested as aforesaid, by the said clerks, on or before the first day of June next; and any clerk failing herein shall be liable to the like fine, recoverable in like manner as is above prescribed. (a) Copies of such executed, to be al Commencement. Clerks to furnish ly, with registers trates. 2. This act shall commence and be in force from and after the passing thereof. CHAP. 128.-An ACT concerning the clerks of the several county courts within 1. Be it enacted by the general assembly, That it shall hereafter executive, annual- be the duty of the clerks of the several county courts within this of acting magis commonwealth, to furnish the executive, on or before the thirty-first day of December in each year, with a register of the acting magisPenalty for failure. trates in their respective counties. And if any clerk shall fail to perform the duty hereby required of him, he shall forfeit and pay, for every such failure, the sum of one hundred dollars, to be reand appropriated. Covered on motion, before the general court, thirty days previous notice thereof having been given by the auditor of public accounts, in behalf of the commonwealth, for the use of the literary fund. How recoverable Commencement. Mode of proceed 2. This act shall commence and be in force from and after the passing thereof. CHAP. 129.-An ACT for the relief of the securities of clerks and coroners. (Passed February 17th, 1823.) 1. Be it enacted by the general assembly, That it shall and may ing by sureties of be lawful for the security or securities of any clerk of the county or ners, to be reliev- other court, or of the coroner of the county, to enter upon the re clerks, or coro ed from surety ship. Court to make order. cord of such court, when in session, that he, she or they, their heirs, executors or administrators, or either of them, are no longer willing to remain bound in such securityship, and thereupon, it shall Acts 1819-20, ch. 14, p. 14. (a) Amended, post. ch. 133, § 5; acts 1820-21, ch. 29, § 5, p. 30. + Acts 1822-3, ch. 36, p. 38. be the duty of such court to make an order requiring the said clerk or coroner to appear at the succeeding term, and execute new bond New bond and seand security, as if none had ever been given by him; and it shall be curity to be given. the duty of the clerk or coroner to give such bond and security; leased. and the security or securities, their heirs, executors or administra- Sureties in former tors, bound in the original bond, shall be released and absolved bond, how far rofrom all responsibility for any act of the said clerk or coroner, done after the execution of the new bond required by this act; but the said responsibility shall continue in full force for all the actings and doings of the same clerk or coroner, prior to his giving such additional bond. or coroner failing to give such new bond. 2. Be it further enacted, That if the clerk or coroner, so requi- Penalty on clerk red to execute such new bond, shall refuse or omit to execute the same, he shall forfeit and pay, for the use of the literary fund, a sum not exceeding five hundred dollars, nor less than fifty dollars, to be recovered by action of debt in any court of competent jurisdiction and shall, moreover, be prosecuted and punished as he would be by law for any other breach or omission of official duty; and shall be removed from office upon conviction of default herein. Removal from of3. Be it further enacted, That whenever the security of any Same proceedings clerk or coroner shall remove out of the commonwealth, or become authorized, where insolvent, on a rule made, notifying such clerk or coroner of such or coroners reremoval or insolvency, the same proceeding may be had, and the state. same remedies applied as in the case of securities notifying the clerks and coroners, as provided in the foregoing section. fice. sureties of clerks move out of the 4. Be it further enacted, That it shall be lawful for the clerk Clerk of court of of the court of appeals, to appoint a deputy, with the approbation point a deputy. appeals, may apof the court; who after taking such oaths as are prescribed for other deputy clerks, shall have full power and authority to do and perform all the several acts and duties enjoined upon the principal clerk.(a) 5. This act shall take effect from its passage. CHAP. 130.-An ACT prescribing the fees of clerks of the county and corporation courts, and of the circuit superior courts of law and chancery.* (Passed March 15th, 1832.) Commencement. and county courts fees than allowed by this act. 1. Be it enacted by the general assembly, That hereafter it shall Clerks of circuit not be lawful for the clerks of county and corporation courts, and not to charge other of the circuit superior courts of law and chancery, to demand, receive or take any fees by virtue of the first section of the act passed on the second day of March, one thousand eight hundred and nineteen, entitled, "an act reducing into one the several acts concerning the fees of certain officers, and declaring the mode of discharging the said fees," nor by virtue of the first and second sections of an act to amend the same, passed on the third day of March, one thousand eight hundred and twenty-seven, nor by virtue of the first (a) See ante. ch. 92, § 3, p. 122. Acts 1831-2, ch. 68, p. 49. The first section of this act prohibits clerks from receiving any other fees than allowed therein; the several acts passed since the revisal of 1819, increasing or reducing their fees, are therefore omitted in this supplement. Former act 1 Rev. Code 1819, ch. 85, pp. 305 to 312. For subsequent omitted acts, see acts 1824-5, ch. 20, p. 20; acts 1826-7, ch. 23, p. 21; acts 1830-31, ch. 23, p. 80. The first and sixth sections only, of the last act are omitted, the residue, not being repealed by this act are inserted, post. ch. 131.. |