TITLE XXIV. CHAPTER 128. SEC. 13. It shall be the duty of every other township officer, who shall know or have good reason to believe that any penalty or forfeiture has been incurred within his township, forthwith to give notownship officers. tice thereof to the supervisor. Duty of other When supervisor to give notice to prosecuting attorney. Duties of prosecuting attorney. Moneys to be paid over to SEC. 14. Whenever any supervisor shall know or have good reason to believe that any penalty or forfeiture has been incurred within his township, which cannot be recovered before a justice of the peace, it shall be his duty forthwith to give notice thereof to the prosecuting attorney of his county. SEC. 15. In the cases mentioned in the last preceding section, and in all other cases where the prosecuting attorney shall know or have good reason to believe that a penalty or forfeiture has been incurred within his county, it shall be the duty of such prosecuting attorney, without delay to prosecute for such penalty or forfeiture; and in all cases where any suit shall be instituted by the supervisor as provided in this chapter, it shall be the duty of such prosecuting attorney, if requested by such supervisor, to attend to and conduct such suit on behalf of the plaintiffs. SEC. 16. All sums of money collected on account of any penalty county treasurer. or forfeiture, in pursuance of the foregoing provisions of this chapter, shall be paid by the officer collecting or receiving the same, to the treasurer of the county within which such penalty or forfeiture was incurred, within twenty days after the collection or receipt thereof. Payment over, SEC. 17. If any sheriff, justice of the peace or other officer, shall how compelled. neglect to pay over any moneys collected or received by him on account of any penalty or forfeiture, within the time limited in the preceding section, the county treasurer shall proceed by attachment in the circuit or county court for the county to collect the moneys so required to be paid over to him, in the same manner, and with the like effect, as in case of an attachment against a sheriff for neglecting to return an execution in a civil suit. When order to be entered that defaulting juror show cause. Certified copy of order to be de Fines and forfeited Recognizances. SEC. 18. When any grand or petit juror shall have been summoned to attend any court, by leaving a written notice at his residence, and such juror shall not attend pursuant to such summons, the court shall cause an order to be entered in its minutes, that such defaulting juror show cause, on some day to be specified in such order, in the same term, or on the first day of the then next term of such court, why a fine should not be imposed on him for such default. SEC. 19. The clerk of the court by which such order shall be made, shall immediately deliver to the sheriff of the county, a certified copy livered to sheriff. of every such order. Service and return of order. Proceedings on return. SEC. 20. Such sheriff shall serve such order on the defaulting juror named therein, personally, by showing such certified copy, and delivering to him a copy thereof; and shall return such order, and his proceedings thereon to the court, at or before the time when such juror shall be required to show cause. SEC. 21. If the sheriff shall return such order personally served, the court shall proceed to impose such fine as shall be proper; and if the same be returned not personally served, the court shall make a further order, that such defaulting juror show cause, at the then next term, why such fine should not be imposed; and the same proceedings shall be had upon such order, as herein provided in respect to the first order, and such orders shall be entered from time to time, until the same be personally served, or the juror appear. TITLE XXIV. CHAPTER 128. SEC. 22. But if it appear from the return of the sheriff, or from any When proceed. other evidence, that such juror is dead, or insane, or has permanently ings to cease. removed from the state; or if any satisfactory excuse shall be rendered by any person in behalf such juror, for his default, the court may abstain from any further proceedings in relation to such default. be delivered to ney. SEC. 23. When a fine shall be imposed by any court of law upon Order for fines to any grand or petit juror, or upon any constable, for non-attendance, prosecuting attoror for any other cause, or upon any officer of such court, or upon any 14, p. 119. § 1. other person, without being accompanied by an order for the immediate commitment of the person so fined, until such fine be paid, it shall be the duty of the clerk of such court immediately to deliver a copy of the order imposing such fine, to the prosecuting attorney of the county in which such court shall be held. 1844, p. 119, § 2. SEC. 24. The prosecuting attorney shall, immediately after the ad- Process to be isjournment of such court, issue process under the seal of the circuit sued by him. court for the county, to the sheriff thereof, commanding him to collect of the several persons named in the schedule annexed to such process, the several sums affixed to their names respectively, in such schedule, and to pay over the same to the treasurer of his county. SEC. 25. To such process shall be annexed a schedule, containing in separate columns, 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. Schedule to be cess. SEC. 26. The sheriff to whom such process shall be directed and de- Execution of prolivered, shall proceed to collect the amount of such fines respectively, 1844, p. 119, § 4. 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. SEC. 27. Every sheriff to whom any such process shall be deliver- Return of proed, shall return the same at the then next term of the circuit court for cess. 1844, p. 120, § 5. 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. sued. SEC. 28. If it shall appear by any such return, that any fine has New process, not been collected, the prosecuting attorney shall issue new process, when to be issimilar in all respects to the first process herein directed; and such 1844, p. 120, § 6. 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. SEC. 29. But whenever a prosecuting attorney shall issue any pro TITLE XXIV. CHAPTER 128. cess 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 Who to be inclu- 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. Suits on recogni. 4 Wend., 387. zances. Execution there on. Estreating recog. nizances. Moneys collected to be paid over by prosecuting attorney. Account by pros. SEC. 30. Whenever any recognizance to the people of this state shall have become forfeited, the prosecuting 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 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. 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. 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. SEC. 33. The prosecuting attorney of every county, 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. SEC. 34. The prosecuting attorney of each county, shall, at the ecuting attorney. 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. Remitting fines ces. SEC. 35. Upon the application of any person who shall have been and recognizan 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. Notice of appli cation. 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 of fence; 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. SEC. 37. No such application shall be heard until reasonable no CHAPTER 129. tice shall have been given to the prosecuting attorney, and until he TITLE XXIV, shall have had an opportunity to examine the matter, and prepare to resist such application. SEC. 38. Nor shall such application in any case be granted, without Costs to be paid. payment of the costs and expenses incurred in the proceedings for the collection either of such fine, or the penalty of such recognizance. justices of the SEC. 39. When any person shall have been fined by any justice of the Fines imposed by peace, upon a conviction for any offence, and shall have been com- peace. mitted 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. to pay over same to treasurer. SEC. 40. All officers or other persons, who shall collect or receive All other persons receiving moneys any moneys, on account of any fine, penalty or forfeiture, in any case for penalties, &c. not hereinbefore provided for, shall 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 hereinbefore provided. Treasurer, how to account for SEC. 41. Every county treasurer shall keep an accurate account of all moneys paid to him on account of fines, penalties, forfeitures and such moneys. 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. Punishment for not paying over SEC. 42. All the moneys belonging to such library fund, shall be Moneys to be ap apportioned by the treasurer at the times and in the manner provided portioned. in the preceding fifty-eighth chapter, and shall be paid over to the treasurers of the several townships, according to such apportionment. SEC. 43. Any officer who shall collect or receive any moneys, on account of any fine, penalty, forfeiture or recognizance, and shall moneys. 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. CHAPTER 129. OF ARBITRATIONS. mitted to arbitra whom. SECTION 1. All persons, except infants and married women, and What controver persons of unsound mind, may, by an instrument in writing, submit sies may be subto the decision of one or more arbitrators, any controversy existing tion, and by between them, which might be the 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. TITLE XXIV. CHAPTER 129. Claims to real estate. Submission to be acknowledged. Time, &c., of hearing. Oath of arbitrators, &c. Witnesses. All to meet; who may award. Confirming award. 5 Wend., 402. 6 do. 520. Grounds of vacating award. 10 Wend., 589. Grounds of correcting award. SEC. 2. No such submission shall be made respecting the claim of any person to any estate, in fee or for life, in real 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. SEC. 3. Every such submission shall be acknowledged by the parties signing the same, before some officer authorized to take the acknowledgment of deeds, who shall certify such acknowledgment thereon. SEC. 4. The arbitrators so selected, shall appoint a 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. SEC. 5. Before proceeding to hear any testimony, the 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. SEC. 6. Witnesses may be compelled to appear before such arbitrators, by subpoenas, to be issued by any justice of 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. SEC. 7. All the arbitrators must meet together, and hear the proofs and allegations of the parties; but an award by a majority of them shall be valid, unless the concurrence of all the arbitrators be expressly required in the submission. SEC. 8. Upon such submission, and the award made in pursuance thereof, being filed with the clerk of the court designated in such submission, within one year after the 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. SEC. 9. Any party complaining of such award, may move the court designated in such submission, to vacate the same, upon either of the following grounds: 1. That such award was procured by corruption, fraud, or other undue means: 2. That there was evident partiality or corruption in the arbitrators, or either of them: 3. That the arbitrators were guilty of misconduct, in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear any evidence, pertinent and material to the controversy, or any other misbehavior by which the rights of any party shall have been prejudiced: 4. That the arbitrators exceeded their powers, or that they so imperfectly executed them, that a mutual, final and definite award on the subject matter submitted, was not made. SEC. 10. Any party to such submission, may also move the court 10 Wend., 589. designated therein to modify or correct such award, in the following cases: |