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28 COMPTROLLER. [ART. 22.
ARTICLE XXII.

Comptroller.

1863, c. 210 enacts:

1. That the comptroller of the treasury be and he is hereby fully authorized
and impowered to adjust and settle the claims of the state against all collectors,
sheriffs, clerks, registers and other collectors or receivers of public moneys, and
their securities in all cases where the said claims accrued prior to the year 1866,
and whether said claims be now in the form of judgment or otherwise, and for the
purpose of closing all such coses the comptroller is hereby fully authorized to com-
promise the same by abating the interest that has accrued or any portion thereof, or
any part of the principal debt in his discretion so as to best subserve the interest of
the state, and shall grant discharges to the said parties and their securities upon the
payment into the treasury of the amount required by him to be paid in settlement
as aforesaid, provided, however, that the governor and treasurer for the' time being
shall each approve in writing of any such abatement before the same shall be effec-
tive; and provided, further, that no discharge or acquittance under this act shall be
effective, unless the party or parties to be benefitted by the same, shall first pay to
the state's attorney, who shall have the case in hand, the legal fees and also all fees
of clerks and sheriffs.

2. That the state's attorneys shall when required, render unto the comptroller all
the assistance he may require in the adjustment and settlement of the aforesaid
claims, and the said state's attorneys shell have power to examine evidence and
take and certify to affidavits as to the solvency of any official bond that may be in
suit, or as to the solvency or insolvency of parties against whom fines and forfeitures
were rendered in all cases where such fines and forfeitures form part of the state's
claim against the principal and securities on the bond aforesaid; and the state's
attorneys shall generally perform and do all other acts and things germain to the
purpose of this act that may be required in writing by the comptroller as aforesaid
and shall certify and return to the comptroller all the aforesaid evidences.

3. That in all cases wherein the comptroller shall require the state's attorneys to
assist him in executing this act, he shall allow them or any of them as compensation
a commission of twenty per cent, on any state claim that he may collect or assist
him, the comptroller, in collecting, and which said claim accrued prior to 1861; a com-
mission of ten per cent on any claim he may collect or assist in collecting and which
said claim accrued between December 31, 1850, and January 1, 1861; and a commis-
sion of five per cent, on any claim he may collect or assist in collecting and which
said claim accrued between December 31, 1860, and January 1, 1866; and the comp-
troller is hereby authorjzed to expend in his discretion under the approval of the
governor and" treasurer as aforesaid the sum of $5,000, or so thereof as may be neces-
sary out of any moneys in the treasury not otherwise appropriated to pay the cost of
taking and collecting the aforesaid evidence, provided, that all affidavits and other
evidence that shall be taken in behalf of the party debtor to the state shall be
defrayed by said party and the state shall not be answerable for the same.

In force and approved March 28,1848. See sec. 21 of Art. XI, Public General
Laws, Attorneys.