ART. 57. ] CLERKS OF COURTS.

lieves himself to be in danger of suffering from his securityship,
from the defalcation of such clerk or register or from other malfeas-
ance in office, the judge of such court shall forthwith pass an order
requiring a copy of the said petition to be served on such clerk or
register within five days, and shall within ten days thereafter take
up the case, and if he shall be satisfied, from the evidence of the
truth of the matters alleged, he shall pass an order requiring such
clerk or register within a specified time to give counter security, to
be approved in the same manner as his original bond; and for every
day after the expiration of such specified time that such clerk or
register shall fail to give such counter security he shall be subject

535

to a penalty of fifty dollars, which may be recovered by separate
action for each penalty in the name of the State in the same manner
provided for the recovery of small debts, and upon judgment for any

Penalty for non-
compliance.

such penalty the fees of office of such clerk or register, whether for
office work or for State tax on commissions, may be attached by way
of execution; and such penalty shall inure and be payable to the
sureties of such clerk or register to insure them against any loss
which they may sustain by the defalcation, misfeasance, or malfeas-
ance of such clerk or register.

ACCOUNTS WITH COMPTROLLER, ETC.

Fees of office
attachable.

49. Every clerk shall, on or before the first Monday of June and
first Monday of December in each year, transmit to the comptroller
a list of all executions issued by the court of which he is clerk, for
fines, penalties, or forfeitures, and also a list of the fines, penalties,
and forfeitures imposed by his court, and a list and account under
oath of all public money received by him, which lists shall contain
the names of the parties, the amount of the fines, penalties and
forfeitures, and to whom payable, with the costs thereon, and shall
embrace all cases not included in former lists returned by him, and
shall show from whom and on what account public money has been
received.

Art 18, s 6
1777, c. l3, s 4;
1795, c 74, s 5
What returns to
be made to
comptroller.

50. Each clerk shall, on the first Mondays of March, June,
September, and December, in each and every year, pay to the treas-
urer all public money which he may have received, and on his
failure to do so within thirty days thereafter, his bond may be put
in suit for the use of the State, in which suit recovery shall be had
for the amount appearing to be due the State, with interest at the
rate of ten per cent per annum, from the date or dates when the

1868, c 197
Payments into
treasury.

same became payable as aforesaid; and a failure on the part of any
clerk to make such payment shall amount to a forfeiture of the
commissions to which he would otherwise be entitled, and recovery
on the bond of the clerk, for the non-payment of public money re-
ceived by him, shall be evidence of a misdemeanor in office, for
which, upon conviction, he may be removed.

Penalty.