The New-Jersey gazette — Burlington [N.J.], 1782-01-23 00:00:00, page 1

STATE OF NEW-JERSEY,
J^ AC Tfor the more speedy settlement of the
publick accounts.
WHEREAS in and by the Ad, intitled,
" An Aft for the more easy and cx
" peditious recovery of penalties on
" forfeited recognizances, and for the
" appropriation of monies arising from, the fame,
" and from fines and amercements, and for other
" purposes therein mentioned," palled the twenty
fecond day of September, in the year one thousand
seven hundred and seventy-seven, it is directed,
" That every Sheriff shall annually, at the close of
" his office, pay to the collector of the county in
“ which he resides, the sum of money he shall have
" collected and received by virtue of executions
" issued against recognizors;" and also, " That every
" such Sheriff, who, since the second day of July,
" in the year one thousand seven hundred and seven
" ty-fix, hath received, or hereafter shall receive any
" money arising from fines and amercements, award
" ed by any court within this state, against any of
" fender whatever, shall yearly and every year, at
" the close of his office, pay the fame to the collec
" tor of the county in which he resides:” And
whereas by the supplement to the said Ad, passed
the eleventh day of June, in the year one thousand
seven hundred and seventy-nine, it is dire&ed, that
the clerks of the several courts shall make out and
transmit to the Legislature in the firft week bf their
firft fitting after the annual eledion, a complete
hit of all the tines and amercements which shall
have been awarded in such court, and also of the
amount of every judgment entered onfeire facias, for
the forfeiting of any recognizance; neither of which
laws appear to have been fully complied with, inso
much, that considerable sums are yet outstanding in
some of the counties, and complete returns of the
fame are not now in the hands of the Legislature;
and the said returns being directed to be made to a
colledive body, it is found by experience, that fuf
ficient attention cannot be paid thereunto;
SECT. I. Beit therefore enabled by the Coun
cil and General Assembly of this state, and it is
hereby enabled by the authority of the fame, 1 hat
all monies which have been received by any Sheriff
of any county in this state, and which ,by the said
laws was direded to be paid by him to the county
collector, and have not yet been paid accordingly,
shall be paid to the Treasurer of the state, any
thing in the said law to the contrary notwithstand
ing; and every Sheriff who has received any such
monies, and has not already paid the fame agreea
bly to the directions of the said recited A&, is
hereby required to pay the fame into the treasury
on or before the fitft day of June next cnfuing.
2. And be it enabled by the authority aforefaid,
That every Sheriff shall annually, at the close of
his office, or within one month after, pay into the
treasury of this state, such sums of money as he shall
nave collected or received in virtue of executions
issued against recognizors, or arising from fines and
amercements awarded by any court within this state,
against any offender whatever, (except those award
ed in virtue of the fourth fe&ion of the above recit
ed supplement) retaining in his own hands five per
cent, for his trouble in collecting, receiving, and
paying in the fame; and every Sheriff who shall
neglect or refufe to pay all such sums of money into
the treasury agreeably to the directions of this \&,
NEW-JERSEY GAZETTE.
shall forfeit for every offence the film of Fifty
Pounds, to be recovered by the Treasurer of the
state for the time being, in any court of record
where the fame shall be cognizable, with cost of suit,
and applied to and for the use of the state, and fhali
also be fubjeC tto an a&ion of debt at the suit of the
said Treasurer, on behalf of the state, for recovery
of the^whole sum so by him received, with interest
and cost of suit.
3. And be it enabled by the authority aforefaid.
That every county collector who has received any
monies in virtue of the directions of the said recited
Act, and who has not or shall not pay the fame into
the treasury on or before the said firft day of June
• [Vol. V.]
WEDNESDAY, January 23, 1782.
next ensuing, shall forfe : t for every futh offence
-.the sum of Fifty Pounds, to be recovered and ap
plied in manner aforefaid and shall likewise be fub
je& to an action of debt at the suit of the Treasurer
on behalf of the state, for the recovery of the whole
sum so by him received, with interest and costs of
suit.
4 And he it further enabled by the authority
aforefaid, That the clerks of the several courts in
this state refpeflively, shall make out true and full
extracts from the minutes of such courts of the
amount of every judgment entered in such court,
on feire facias, for the forfeiting of any recog
nizance since the twenty-fecund day of September,
in the year one thousand seven hundred and feventy
leven; and of all the fines and amercements award
ed in rich court, and which were payable into the
treasury by the directions f those laws, since the
second day of July, in the ear one thousand seven
hundred and fevtnty-fix; which extra&s shall like
wise fpecify the names of the persons who were
fherifF and collector in such counties refpedively,
at the time such judgment was entered, or fine or
amercement awarded, and shall also make out true
extra&s of all final judgments entered on forfeited
estates, and transmit the fame to the Auditor of
accounts on or before the firft day of May next en
suing, and the laid clerks frail in future, within ten
days after the expiration of any session or term,
make out a true extract from the minutes of all
fines and amercements awarded during such session
or term, which are payable into the treasury of the
state, and also the amount of every judgment enter
ed on fei: e facias for the forfeiting any recog
nizance during such session or term with extra&s of
all final judgments entered on forfeited estates, and
shall transmit rhe fame to the Auditor of accounts
of the state for the time being, on or before the
fu ll: day of November yearly and every year; and
any clerk who shall negled or refufe to make out
such extraft and transmit the fame to the Auditor
on or before the firft day of May next, and on or
before the firft day of November yearly, shall for
such offence forfeit and pay the sum of Twenty-five
Pounds, to be recovered with colls of suit, by the
T reafurcr of the state in any court of record where
the fame shall be cognizable, and applied to and
for the use of the state; and the said Auditor is
hereby required within ten days after the said firft
day of May next, and within ten days after the said
firft day of November yearly, to make return to the
Treasurer of the names ofall such delinquent clerks,
if any there be, who is hereby required, immedi
ately upon receipt thereof, to commence actions
against hem for the penalties hereby inflicted on
them for such their default.
5. A"d be it enabled by the authority aforefaid,
That the second, third and fourth fedions of the
said recited law, and the second fedion of the
supplement to the fame, shall be, and the fame here
by are repealed.
6. And be it further enabled by the authority
aforefaid, That the Auditor of accounts shall, im
mediately upon the receipt of such extrads, open
an account in the publick books in his office against
such county respectively, in which he shall charge
toe amount of such extract to the debit of the fheriff
who ought to have collected the fame, and shall
credit his said account by all such monies as shall
appear to have been paid into the treasury or to the
county collector on account of the fame; and if on
dating the said accounts there shall appear to be a
balance due to the date, after the said firft day of
May next, or after the firft day of November yearly,
then the said Auditor shall immediately write to
the delinquent, acquainting him with the amount of
such deficiency, and requiring him to difeharge the
fame, or give in his reasons why a suit should not
be commenced against him for the recovery thereof;
and if the said delinquent shall not pay the fame
before the next fitting of the Legislature, the Au
ditor shall make return of the said deficiency to the
Legislature, with the reasons if any be rendered,
and if no fufficient reasons shall be rendered, to be
THE
judged of by the Legislature, then the Auditor
shall make return of such neglect and deficiency to
the Treasurer of the state, who is hereby authoriz
ed and required immediately to commence an a&i
on or actions against such defaulter for the recovery
of the fame, and of the penalty inflicted by this act
for such his negled of duty; and if it shall appear
that any monies have been paid to any of the county
collectors by any fheriff, as directed in the before
recited laws, which tave not been nor shall be paid
into the treasury before the said firft day of May
next, then the Auditor shall make return of such
delinquency to the Treasurer of the state, who is
hereby authorized and required immediately to
commence an adifyi or actions against such delin
quent collector for th&fums so deficient, and the
penalty inflicted by thi^d, for such his neglect of
duty.
7. AND whereas the act for expediting the set
tlement of the accounts of the commifhoners of
forfeited estates pa/Ted the fifteenth day of June,
one thousand seven hundred and eighty, doth not
appear to have the desired effeff, and it appearing
probable that the business in future will not be lo
extensive nor attended with so many difficulties,
Be it therefore enabled by the authority ajorefaid,
That the commiffione; s who have been appointed
for taking charge of the forfeited estates in the
several counties, by or in virtue of any law of this
state heretofore passed, shall be dilcharged from
their appointments on the firft day of February
next, and each of them are hereby dilcharged ac
cordingly. Provided always, T hat nothing in
this att contained shall be taken or construed to
extend to the preventing such commifhoners from
giving the necessary deeds of conveyance for lands
which they may have already fold, or from giving
such deeds after the time above mentioned, but ail
such deeds shall be taken and deemed to be good
and valid notwithstanding their having been given
after the firft day of February next enluing, nor to
prevent the suing for (if need be) and receiving all
such debts as shall be outstanding at the time afore
laid for goods or chattels, lands or tenements, by
them fold in pursuance of their appointment.
8. And be it enabled, That the cominiffioners
of the several counties appointed as aforefaid, shall,
and they are hereby required to render fair, just and
true accounts of all monies by them received cr
paid in pursuance of their appointment, with the
proper vouchers to fuppoit the fame, together with
a just and true inventory of all toe persons estates,
and a fair lift of all real elates which remain un
fold to the Auditor of accounts, anc pay the balance
into the treasury, on or before the firft day of June
next; and each and every commilhoner who shall
refufe or negie& to perform the duty hereby re
quired of him at the time before mentioned, mall
forfeit and pay the sum of Five Hundred Pounds,
to be recovered by the Attorney-Genetal, in an ac
tion of debt at the fun of the date, in any court of
lecord, wheie the fame may be cognizable, with
coils of suit.
9. And be it enabled, That the Auditor of ac
counts ihall, immediately after the aforefaid firft
day of June, make return of every commillioner
delinquent of the duties in this ad required, to the
Attorney-General, who is hereby direded to pro
secute the said delinquents without delay, for the
recovery of the fine incurred by such ne°led or
refufal.
10. And be it enabled by the authority aforefaid,
That the Auditor of accounts shall, from time to
time, make return to the Treasurer of the state, of
all such accounts as are or shall be produced to and
fettled by him, with the balance due from each
commissioner; and every commissioner having monies
in his hands or possession, arising from the file of
any estate real or personal, forfeited to the state in
manner aforefaid, and who fliall negle& or refufe
to account for the fame, or shall make default in
paying the said monies into the treasury, shall be
fubje&to an a&ion on the case, at the suit of the
("For the remainder fee the fourth page.)
[Numb. 213.]