Rutland herald. [volume] (Rutland, Vt.) 1823-1847, 1846-03-19

VI hll ptilCf nv w NlAA ralN Nl lH'
act, relating to the fcos Of Clerks, n 's
provided, that they shall receive such
sums, rs shall hc allowed by the Courts
aud Il ~ supposed lha, the Courts, ~
terprciins The whole net together, would
regard ~ provision oI The 2ud Section
and apporiioa the allowance, ~ as to H.
IA conformity 90 tho law. Still thN
discretionary power of allowing nc
counts, by many different bonds, has
been an occasion ut great diversity e
practice, and n serious waste ol the pull
he funds The Statue evidently was
framed to ScCurChllowauccS IN all cases,
propor,loncd 10 the fees established hy
law. Such Is the phrascology of the
X. y and slmllrr provision has been
| retained IN alt the acts on the subject
SINCE 1898, aud still 1t Is impossible to
reconcile the allowance Of such claims,
with the Statute. Scarcely would III,
practice have been more variant, had
there been no law on the subject By
the law of 1877, States Attorneys and
Clerks were required 10 EXHIBIT thcIr
accounts for allowance al each stated
, scssion eg 'sise -. SiAt8gss.t Sss.assyB,
lowed and signed by one Of the Judges
of the ). Court" and il was provided.
that no money shall be paid ont of the
! Treasury, on the sad accounts, until
they should be examined aud allowed
by the Legislature, This law remain.
ID IN force only years before the prac
tee became So variant, as to arrest the
notice OF the Legislature, aud sull the
! three Judges Of the :. Court were the
only !, .sons authorized to allow all
sign those accounts, The law toruu
cdy this evil, III regard to Clerks oc-
counts commences with "WhcrDas
there ism want of uniformity IN the
several accounts, made ont aud cAlll.
ltcd 10 the General Assembly, by Tie
Clerks of the :. Court &c, therefore
it was enacted that the Judges # Tire
5. CouIt-or quorum of th"ul, hc and
| they were thereby authorized AID 'm.
! powered, &c, To C&Hmuc, audit ana
adjust those accounts, and draw order,
on the Treasurer of the State for tiu
amount thereof This act wa, Iass,d
! November 1901. II may be remarked
/ that to secure the desired uniformity.
the settlement of these accounts W."
committed to one board 1T lNoi A..
same disposition was made m rcciri
To States Attorneys account Th'
law Of 1921, rrcmactrng the fee bal,
/ gave the settlement of these rCc0unt1
To the Judges ct the Supreme and
4 4 81
1872, the law remained essentially 80
same. That law authorized moro linu
thirty individuals 10 allow iho'c &C..
counts, and il III lNOl, whcu only tho
three Judges OF the : Count were
) clothed with Jurl' d.ctiuu IN this n,1ttcr
the Legislature had uccos,ol TO com
I plain of the want of uniformity ~ al
lowing those account, The cVd would
bc proportouob'y mrguiiiod hy Ia, low
,of ISL. The phr rolo.y # iii ,r',
IS ",uch sum a, Shall /, allowed ~,
the Court" ludcr tu- o.' 900 count
allowed 10y a single Jul-, .on.,. ul
allowance ~ the Court .uI go Nh,
practice has Lccn, and 10, Dr cour'r -
very great want OF uniformity b.. ~
tanned, ~ many cases cA'.uimytO iUu
or 600 per cont, and slill the .,r.mr
were duly certified as allowed acr,.
ding to law TIN, resulted lloIna,sIr
which must OF necessity have Iru.
dnccd dScrcIaucr Of WarIcr. Ih"
construction of the law, md tic con
!, pcnsatlon testing IN discretion. v,r.
committed to several tribunals. fr.r.
whose decision there was no olrcnl
Another defect IN the law wa. tlmt
III some cases II united ~ mlovng and
paying DEPARTMENTS ~ tn same Ter.
son; thus the law, Revised Statute.
Chapter llth, Section 5Glh, made %
the duty Of the Treasurer 10 soto
= States Attorney accounts, and hua-
r. ~ 10 adjust and close the samc.' The
} law was also too complicated Ia srcrua
% correct accounting II made Tins r,.
! suit depend on The concurrent ncts or
several different officers either ID,
when Ealing, Il correct account cou.d
not be kept. Thus Clerks Of Cour
were required 10 make returns 10 he
Clerk Of the General Assembly, or ai
- State causes, entered ON the durl..
r. &c, and before the revision iu 1890.
, the Clerk Of the General Assembly was
not required 10 transmit thee ici-u,
70 to the Treasurer. ny S.,i.u Insh
- Chapter stI Revised Statutes. II ga.
D tho duty Of the Treasurer TO commerce
j. suit, against States Attorney who
J. had been delinquent, WITHIN 80 day.
e after the close Of each stated session oI
p the Legislature and # hcu,gl,croi ,o
p 10 do he should be- accountable fr
r such delinquency 10 he unc iurau,r
- as II the sum- 80 ~ Wrur hul l,u
F. paid INTO thc Tron.WY whom ono.
Suppose a County clerk had omitted
70 make hls returns o. The C.o.. olrl.
. General Assembly Of ID r,,,,r. l....