vices rendered or to be rendered, and expenses incur-
red or to be incurred in the prosecution of said claims,
except the commission contingent upon their success,
and hereinbefore allowed them, on such amount as
may be recovered by them as aforesaid, and paid
into the Treasury of said State.
SEC. 2. And be it further enacted, That the Comp-
troller of the Treasury be and lie is hereby author-
ized and directed to issue his warrant to the Treas-
urer, to pay to the said Daniel Clarke and Sidney J.
Wailes* a commission of thirty per cent. on the first
ten thousand" dollars, and a commission of twenty
per cent. on such further sum as shall be recovered
by them and paid by the Government of the United
States into the Treasury of said State upon the said
claims, and that the said commissions shall be payable
upon the several amounts received on said claims as
they are paid into the Treasury.
SEC. 3. And be it further enacted, That unless the
said Commissioners shall, within thirty days after the
passage of this Act, notify the Governor of their
acceptance of their appointment as such Commis-
sioners, in writing, under the terms and provisions
of this Act, they shall be deemed to have refused to
accept said appointment and to act as such Commis-
sioners; and in the event of the death, refusal or
failure to accept said appointment, and to act as such
of the Commissioners hereinbefore named, or either
of them, the Governor is hereby authorized to fill
the vacancy caused by such death, refusal or failure,
and the Commissioners or Commissioner appointed
to fill such vacancy, shall be invested with all the
power and authority, and entitled to the same com-
pensation, to be drawn from the Treasury in the
same manner as if the said Commissioners or Com-
missioner were named in this Act, in the stead of
the Commissioners or Commissioner, so as aforesaid
dying, or refusing, or failing to act as such.
SEC. 4. And be it enacted. That this Act shall take
effect from the date of its passage.
Approved April 1, 1872.
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Comptroller
directed to
issue warrant
to pay.
Kate of com-
missions.
Failure to
notify the
Governor of
acceptance to
be deemed
refusal to
serve.
In force.
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