ART. 19.] UNSETTLED BALANCES. 241
of the principal debt, in his discretion, so as best to 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 the settlement as aforesaid;
provided, however, that the governor and treasurer, for the time
being, shall each approve, in writing, any such abatement, before
the same shall be effective; and provided further, that no dis-
charge or acquittance under this section shall be effective, unless
the party or parties to be benefited by the same, shall first pay
the attorney who shall have the case in hand, the legal fees and
all fees of clerks or sheriffs.
1881, ch. 116, sec. 2.
38. For the purpose of bringing all unsettled balances due the
State to a speedy settlement, the comptroller is directed to employ
such attorney or attorneys as in his judgment will best subserve
the interest of the State.
Ibid. sec. 3.
39. In all cases where the comptroller shall require the ser-
vices of an attorney or attorneys to assist him in executing section
37 of this article, he may allow such attorney or attorneys, aa
compensation, a commission of ten per cent, on any State claim
such attorney or attorneys may collect or assist him in collecting,
where the amount of such claim does not exceed the sum of five
hundred dollars, and a commission of five per cent, on all sums
which such attorney or attorneys may collect or assist in collect-
ing as aforesaid, where the claim exceeds the sum of five hundred
dollars.
Ibid. sec. 4.
40. Whenever any claim of the State shall be compromised or
settled by the comptroller, without payment in full, he shall
make and keep among the records of his office, a statement of the
evidence or facts upon which such settlement was made.
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