TITLE 6. $ 18. The clerk of the court by which such order shall be made, shall immediately deliver to the sheriff of the county a copy of every delivered to such order. Order to be sheriff. Duty of sheriff. Proceedings on return. When proceedings to cease. Orders for fines to be $19. Such sheriff shall serve such order on the defaulting juror named therein, personally; and shall return such order, and his proceedings thereon, to the court and at the time, at which such juror shall be required to show cause. $20. 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 served personally, 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. Such orders shall be entered from term to term, until the same shall be personally served, or the juror appear. $ 21. But if it appear from the return of the sheriff, or from any other evidence, that such juror is dead, or insane, or has permanently removed from the state; or if any satisfactory excuse shall be rendered by any person in behalf of such juror, for his default, the court may abstain from any further proceedings in relation to such default. 42 $ 22. When a fine shall be imposed by any court of law upon any delivered to grand or petit juror, or upon any constable, for non-attendance, or for any other cause, or upon any officer of such court, or upon any 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 district attorney of the county in which such court shall be sitting. district attor ney. Process to be issued by bim. Schedule to be annexed. $ 23. The district attorney shall immediately after the adjournment of such court, issue process under the seal of the court of common pleas of 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 the county; and that at the time of collecting the same, he notify such persons respectively, that if they have sufficient matter to show for remitting such fines, they may show the same to the court of common pleas of the county, on the first day of the then next term thereof. $24. 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: and, (42) 1 R. L. p. 331, § 19. 4. The cause of such fine being imposed: Which schedule shall be certified by the district attorney to contain a true abstract of the orders imposing such fines, delivered to him by the clerk. ART. 2. process. $ 25. The sheriff to whom such process shall be directed and de- Execution of livered, shall proceed to collect the amount of such fines respectively, 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. of. S 26. Every sheriff to whom any such process shall be delivered, Return thereshall return the same at the then next term of the court of common pleas of his county, after such delivery, with his proceedings thereon; and such return may be compelled in the same manner as civil pro cess. when to be S 27. If it shall appear by any such return, that any fine has not New process been collected, the district attorney shall issue new process similar in issued. all respects to the first process herein directed; and such process shall be issued from time to time, until such fines shall be collected, and the same proceedings in all respects shall be had thereon, as herein provided. included $28. But whenever a district attorney shall issue any process for Who to be the collection of any fine, he shall include in the schedule annexed to therein. such process, the names of all persons upon whom any fine 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. nizances. $29. Whenever any recognizance to the people of this state shall Suit on recoghave become forfeited, the district attorney of the county in which such recognizance was taken, shall prosecute the same, by action of debt for the penalty thereof; and the proceedings and pleadings therein, shall be the same in all respects, as in personal actions for the recovery of any debt, except that it shall not be necessary to allege or prove any damages by reason of a breach of the condition of such recognizance; but on such breach being found or confessed, or upon a judgment by default being entered against the defendants, the judgment shall be absolute for the penalty of the recognizance. therein. $30. Executions shall be awarded and executed upon such judg- Executions ment in the same manner as upon judgments in personal actions, and with the like effect in all respects. TITLE 6. Estreating re $31. Whenever any recognizance is directed by law to be estreat ed, such estreat shall be made by the entry of an order directing the cognizances. same to be prosecuted; and the same shall be prosecuted as herein directed. Monies collected, how paid over. Fines by mayor's courts. Account by district attor $ 32. The district attorney of every county, shall pay over to the county treasurer thereof, the amount of all monies collected by him upon recognizances, or for penalties or forfeitures belonging to the county, after deducting therefrom his reasonable costs and expenses, and such reasonable counsel fee as the court of common pleas of his county shall think fit to allow, if any, by an order to be entered in their minutes. $33. But whenever any fine shall have been imposed by any mayor's court of any city, such fine, subject to the deductions specified in the last section, shall be paid into the treasury of such city. S 34. The district attorney of any county, at the term of the court ney. of common pleas of his county, held in the month of January, in each year, or if there be no such term, then at the first term held after the month of January, in each year, shall render to such court, on oath, an account in writing, of all suits brought by him upon recognizances, or for penalties or forfeitures belonging to the county or to the state; of his proceedings in such suits; and of all monies, collected by him therein, and recovered by him of any person belonging to such county or to the state. Ib. first return. Contents of returns. Remitting fines and re $35. Such return shall be made at the first January term of the court of common pleas of every county which shall be held in the year next after this Title shall take effect as a law; or if there be no such January term, then at the first term which shall be held after the month of January, in such year; and shall be made annually thereafter. S36. Such first return shall embrace all suits and proceedings instituted by him, for the recovery of the penalty of any recognizance; all process issued, and proceedings had by him, for the collection of any fines; and all monies received by him, belonging to the county or to the state; since his appointment to such office of district attor ney; and every subsequent return shall include all such matters since the previous return made by him. $ 37. Upon the application of any person, who shall have been cognizances. 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 court of common pleas of 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, and may discharge such recognizance, upon such terms as to such court shall appear just and equitable. If any such fine shall have been paid, the officer or county treasurer in whose hands it may be, shall pay the same, or such part as shall have been remitted, according to such order.43 ART. 2. upon power. $ 38. But the last section shall not authorise such court to remit Rescrictions any fine imposed by any court of oyer and terminer or general sessions of the peace, upon a conviction for a criminal offence; 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 court of the county in which such person shall be bound to appear. $39. No such application shall be heard until reasonable notice Nature of apshall have been given to the district attorney of the county, and until plications. he shall have had an opportunity to examine the matter, and prepare to resist such application. concur. $ 40. No such application shall be granted, without the concur- Firet judge to rence of the first judge of the county courts of such county, if there be one, and he be present; and such concurrence shall be expressed in the minutes of the order granting any remission of a fine, or of the penalty of a recognizance, or of any part thereof.43 S41. Nor shall such application in any case be granted, without Costs to be payment of the costs and expenses incurred in proceedings for the col- paid. lection either of such fine or the penalty of such recognizance. ed by justi S 42. When any person shall have been fined by any court of spe- Fines imposcial sessions of the peace, or by any justice of the peace, upon a con- ces, &c. viction for any offence, and shall have been committed to jail, until such fine shall be paid, the court of common pleas of 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. $43. The provisions of this Title respecting the collection of fines New-York and recognizances, or the payment over of the amount thereof, shall excepted. not apply to the city and county of New-York, but the proceedings for such purpose in that county, shall be according to the laws now in force. (43) Laws of 1818, p. 307, § 8. TITLE 7. To what court widow to apply. Service of petition and notice. How made. TITLE VII. OF PROCEEDINGS FOR THE ADMEASUREMENT OF DOWER. SEC. 1. When and to whom widow may apply for assignment of dower. 2. Petition aud notice, when and on whom to be served. 4. Guardians to be appointed for infant heirs and owners. 9. Powers of court on application to order admeasurement. 12. Vacancies in commissioners how supplied, &c. 13. Duties to be executed by commissioners. 14. Enlarging time for report; compelling report, &c. 15. Report to be filed and entered at large. 16. Report may be set aside; or confirmed. 17. Effect of admeasurement upon being confirmed. 18. Widow may maintain ejectment; subject to taxes, &c. 19. Appeals from common pleas and surrogate, when to be made. 20. Appeal how made; bond to be given. 21. Papers to be certified to supreme court. 22. Proceedings of supreme court on the appeal. 23. Upon reversal of admeasurment, further proceedings. 27. Practice in hearing appeals; notices, &c. S1. Any widow who shall not have had her dower assigned to her, within forty days after the decease of her husband, may apply, by petition for the admeasurement of her dower, to the supreme court; or to the court of common pleas of the county in which the lands subject to dower lie; or to the surrogate of the same county; specifying therein the lands to which she claims dower. 44 S2. A copy of such petition, with notice of the time and place when it will be presented, shall be served, at least twenty days previous to its presentation, upon the heirs of her husband; or if they are not the owners of the lands subject to dower, then upon the owners of such lands claiming a freehold estate therein; or their guardians, when any such heirs or owners are minors. be $ 3. Such notice may be served personally, on any party of full age; or upon the guardians of minors; or by leaving the same with any person of proper age, at the last residence of such party or guar dian, in case of his temporary absence; and if any such heir or owner be a resident out of this state, the service of such notice may upon the tenant in actual occupation of the lands, or if there be no tenant, by publishing the same for three weeks successively, in some newspaper printed in the county where such lands are situated. Guardian for S 4. Where such heirs or owners are minors, and have no guardian, the court or surrogate, on application of the widow, shall appoint infant heirs, &c. (44) 1 R. L. p. 62, § 12. |