SECT. 39. The commissioner of the school fund shall be associa- Same subject. ted with the said auditors and comptroller, in the performance of their said duties, so far as the same relate to or are connected with the school fund. paid. SECT. 40. Whenever the treasurer shall be plaintiff in any action, Costs against and judgment shall be rendered against him for costs, no execution treasurer, how shall be issued, but the party, in whose favor such judgment is rendered, may exhibit the same to the comptroller, who may draw an order on the treasurer for the payment thereof. Clerk of state SECT. 41. No person shall enter upon the discharge of his duties 1860. as clerk in the treasury department of this state, without first giv- treasurer requir ing bond in the sum of ten thousand dollars, with sufficient surety, ed to give bonds. approved by the governor of the state, payable to the treasurer of the state or his successor in office, as an indemnity for any loss occasioned by the fraud, defalcation, or fault, of such clerk during his continuance in office; which bond shall be lodged on file in the office of the secretary of this state. CHAPTER V. OF THE DUTIES OF COUNTY TREASURERS. treasurer. SECT. 42. The person, who shall be appointed treasurer of any 1861. county in this state, shall, before he enters upon the execution of his County treasurer required to give office, give bond to the treasurer of the state, in the sum of five thou- bonds to state sand dollars, with surety, which bond shall be kept by said treasurer of the state, and shall continue during the time for which such person shall be elected county treasurer, and exercise the office ; and the said county treasurer shall give new bonds, whenever the same shall be required by the treasurer of the state. &c. SECT. 43. The treasurer of each county shall keep an accurate To keep an acaccount of the county taxes, of the fines and forfeitures belonging to count of receipts, the county, and of its receipts and expenses; and shall make an annual statement of such account, which statement shall be audited by the county commissioners. SECT. 44. The county treasurer shall pay out the moneys of the Pay out county county, upon the order of the county commissioners, whenever such moneys, on the order shall be warranted by law. SECT. 45. orders, &c. tam suits, how Whenever a penalty of forfeiture shall be imposed, in Penalties in qui a qui tam suit, part of which shall be for the use of the treasurer oft collected. the state, or of the treasurer of the county, the attorney for the state shall collect such part, and pay it to such treasurer; and if, in the opinion of the court, the plaintiff in such qui tam suit cannot be safely intrusted with the collection of the penalty or forfeiture, such attorney may obtain execution for such part, in the name of such treas urer. TITLE LXII. AN ACT RELATING TO SURVEYORS. Surveyor, how Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That a surveyor-general shall be appointed by the appointed, &c. general assembly, whose duty it shall be to superintend the surveying of land in this state, according to the provisions of this act; and who may appoint a deputy in each county, for the purpose hereinafter mentioned. To keep standard compass, and chain, &c. County survey ed, and their powers. SECT. 2. The surveyor-general and his deputies, in their respective counties, shall, at all times, keep a field compass, on the improved plan of the Rittenhouse compass, for a standard compass, and a standard chain, sixty-six feet in length, according to the standard measure of this state, and shall examine all compasses, presented to them for examination by any county surveyor, by such standard compass, and all chains, so presented, by such standard chain, and shall seal such as are found essentially correct, with the capital letter C, and with the letter which begins the name of the county; and if any county surveyor shall use any compass, or chain, which shall not have been examined and sealed, as aforesaid, he shall be liable to a penalty of five dollars, one-half of which shall belong to him who shall sue for the same, and the other half to the town where the offense is committed; and if the surveyor-general, or any dep uty-surveyor, shall neglect his said duty, he shall be liable to the like penalty, to be recovered in the same manner, and for the same use. SECT. 3. The county commissioners, in their respective counties, ors, how appoint- shall appoint one or more persons in each county, to be a county surveyor, or surveyors, who, having taken the oath prescribed by law, may lay out lands, renew the bounds of lands already laid out, according to the original grants, run lines, survey and measure lands, and perform any other service proper for a surveyor; but no person shall be appointed county surveyor, unless he shall produce a certificate from the surveyor-general, or his deputy within the county, that he is duly qualified for the office, and understands the business of surveying lands in the most approved method; and the surveyorgeneral, or his deputy, for examining any person who may apply for such certificate, or for examining any compass, or chain, presented to him for examination as aforesaid, shall be entitled to receive one dollar from the person applying for such certificate, or presenting such compass, or chain, for examination. SECT. 4. The surveyor-general may, as a public officer, survey land in any county in the state; and the deputy-surveyors, and county-surveyors, may survey land in the county for which they are respectively appointed; and shall be entitled, each, to one dollar and fifty cents per day, for their services, besides their expenses. Powers of sur veyor-general; compensation of surveyors. · SECT. 5. The surveyor-general shall give his assistance and coun- Surveyor-general to solve questions sel, in solving doubts and questions, that may arise in practice be- of practice. tween any two or more surveyors, in respect to the rules of the art; for which service he shall be entitled to two dollars per day, from those who employ him. to chainmen. SECT. 6. Whenever any surveyor shall be employed in surveying Surveyors may lands, in laying out lands, in renewing lost boundaries, in running administer oath lines, or in performing any service appertaining to his office, and there shall be occasion to employ men to carry the chain, such chainmen shall take the oath prescribed by law; and such surveyor shall have power to administer the same. run lines, &c., pass. SECT. 7. Whenever a surveyor shall be called out, to run a line Surveyors may between adjoining proprietors, and in order to find the true course, without being from bound to bound, shall be obliged to run a random line, and shall, guilty of tresin so doing, run on the land of adjoining proprietors, such surveyor shall not be guilty of trespass, in so running such random line, but may run the same; provided it be done in the months of March, April, October, or November. 44 TITLE LXIII. AN ACT RELATING TO TAVERNS AND SPIRITUOUS CHAPTER I. OF TAVERNS. Tavern keepers, how nominated and licensed. 1838. modations for travelers. Be it enacted by the Senate and House of Representatives, in General Assembly convened: SECTION 1. That the civil authority, selectmen, constables, and grand jurors, in each town, shall convene some time in the month of January, annually, and shall, by their major vote, nominate such person, or persons, as they shall judge suitable, to keep an house, or houses, of public entertainment in such town, for the year ensuing; and if any of the persons, so nominated, shall die, or refuse to take a license, or shall be denied a license by the superior court, or shall remove from the town, or be legally suspended, or if said civil authority, and other officers, shall judge it to be a matter of public convenience and necessity, to add to the number nominated in January, they may, at any other time within the year, convene, and by their major vote, nominate any suitable person, or persons, for that purpose; which nomination, certified under the hands of a majority of the civil authority and selectmen in such town, shall be transmitted by them to the next superior court in the county; and such court shall grant licenses to such, and so many of such, persons as they shall judge to be suitable and necessary, to keep houses of public entertainment, and to no other persons, and shall take a bond to the treasurer of the county, in the sum of seventy dollars, from every person to whom license shall be granted, for the due observance of all laws that are made, or shall be made, respecting tavern keepers, or houses of public entertainment; and the licenses, granted to persons nominated in January, shall be in force for one year, and no more; and the licenses, granted to persons nominated at a subsequent time, shall expire at the same time as those granted to persons nominated in January. SECT. 2. Νο person shall be licensed as a tavern keeper, who To keep accom- shall not keep in his house at least two spare beds, for guests, with the necessary bedding, and who shall not have, and keep, good and sufficient stabling, and provender or hay, or pasturage and grain, for four horses, or other cattle, more than his own stock, for the accom modation of travelers; and every person, licensed as aforesaid, who shall neglect, or refuse, to provide, or keep, either of said articles, shall forfeit his license. SECT. 3. No licensed tavern keeper shall suffer minors, appren- Not to suffer mitices, or servants, to drink intoxicating liquors in his house, on pen- drinking, &c. nors, &c., to sit alty of one dollar for every such offense. SECT. 4. No licensed tavern keeper shall suffer any of the inhab- Not to allow itants of the town to sit tippling, or drinking to excess, in his house, tippling. or any of its dependencies, on penalty of one dollar for every such offense. meetings on SECT. 5. No licensed tavern keeper shall permit persons to meet Not to allow in company at his house, on the Lord's day, except for religious pur-Lord's day, &c. poses, on penalty of seven dollars for every such offense. may admonish and revoke SECT. 6. The civil authority, and selectmen, shall inspect the civil authority conduct of the tavern keepers, in their respective towns; and when- and selectmen ever it shall appear to them, from their own observation, or the in- tavern keepers, formation of others, that any tavern keeper does not duly observe their licen the laws regulating houses of public entertainment, but suffers drinking, gambling, disorders, and irregularities, to be practiced, contrary to law, they, or a major part of them, may cite such tavern keeper to appear before them, and examine him with regard to the matters aforesaid, by any proper evidence; and if they find him in fault, they may admonish him to refrain from such misconduct, on penalty of having his license vacated; and if such tavern keeper shall disregard such admonition, and persist in his disobedience to the law, such civil authority, and selectmen, or a major part of them, may revoke his license; in which case, they shall cause a copy of such revocation, under their hands, to be left with such tavern keeper, and to be posted on the public sign-post in said town, and thereupon such tavern keeper shall no longer have the right to keep a house of public entertainment; but such tavern keeper may appeal to the next superior court, in the county, and said court, after due inquiry into the facts, may set aside, or confirm, such revocation. Victualing SECT. 7. The selectmen of any town may, at their discretion, au- 1838. thorize any person, sustaining a fair moral character, to keep a vic-houses pertualing-house, or house of refreshment, without being licensed as a mitted. tavern-keeper; provided, he shall previously lodge with the town clerk of such town, a bond, with surety, to the satisfaction of a major part of the selectmen of such town, in the penal sum of one hundred dollars, payable to said town, conditioned that during the time he shall keep such house, he will not sell, or keep on hand, any ale, wine, or spirituous liquors, and will, in all respects, conform to the next succeeding section of this act; and for every violation of said section, such person shall forfeit ten dollars, to be recovered in an action of debt on said bond; and the pendency of one suit, on said bond, shall not prevent other suits being brought on the same bond,. for subsequent violations of said section. person to without license. SECT. 8. No person, except such as are duly licensed to keep No houses of public entertainment, according to the provisions of this act, or such as are permitted to keep victualing-houses, by the next preceding section of this act, shall be a common victualer or tavern keeper, on penalty of forfeiting the sum of ten dollars for the first offense, and the sum of twenty dollars for the second offense, and so double for every offense of which he shall be convicted, one-half to him who shall prosecute to effect, and the other half to the treasury of the town where the offense is committed; and constables, and all |