Imagens das páginas
PDF
ePub

&c., to be con

$7. He shall, when so directed by the county court, insti- Suits, motions, tute and conduct suits, motions, and prosecutions of every ducted by. description before any of the courts of this Commonwealth in which the county shall be interested.

$ 8. He shall be allowed annually, at the court of claims, Salary. a reasonable salary out of the county levy.

$ 9. That in all prosecutions for misdemeanors before any S. A. 1859-'60, 49 county judge, police judge, justice of the peace, or other magistrate, the county attorney shall receive thirty per cent. When to receive

portion of fines & of all fines and forfeitures imposed or recovered in such pros- forfeitures. ecutions: Provided, Said county attorney is present and prosecutes the offenders, but in no other event: And provided further, He shall not receive his portion until the whole of such fine shall have been collected; or if the whole judgment should not be collected, he shall only receive his pro rata on the amount collected.

$ 10. The provisions of this article do not apply to the What attorneys police or city court of Louisville, or any other police or the provisions of city court in this Commonwealth, wherein an attorney has been specially elected or appointed to prosecute.

$11. The county attorney shall prosecute all charges of Duty of in re felony or other public offense before any examining court tions before exheld in his county; and it is hereby made the duty of the magistrate before whom the party, when arrested, is first brought for trial, to cause notice in writing to be conveyed to the attorney of the fact of such arrest, that his presence is required before the examining court about to be organized.

$ 12. If any bail bond taken by an examining court in Proportion of per which the county attorney has appeared and prosecuted feited bail bond shall afterwards be forfeited in the circuit court, one half attorney–when. of the per centum on such forfeited bond allowed by law to the Commonwealth's Attorney shall be paid to the county attorney.

this article.

allowed

County

ARTICLE IV.

Attorney for the Commonwealth. $ 1. It shall be the duty of the Attorney for the Com- R. S., 188. monwealth to attend each circuit court holden in his dis- for the Commontrict, and prosecute all violations of the criminal and penal laws therein, and discharge all other duties assigned him by

Duty of attorney

wealth.

S 2. Each Commonwealth's Attorney shall receive, annu- Salary.

ance to.

.

allowance.

ally, a salary of five hundred dollars, payable monthly out of the Treasury, commencing from the time of his qualification under his commission.

S 3. In the absence of the Commonwealth's Attorney at When another at any term or part of a term of a circuit court, the judge of pointed. Allow- such court shall appoint some suitable attorney to act in

his place during his absence. He shall enter up an order making a reasonable allowance to be paid out of the Treasury to the person so appointed, and the same shall be deducted from the salary of the Commonwealth's Attorney; a copy of which order shall be forwarded by the clerk of the court to the Auditor of Public Accounts.

$ 4. He shall have no taxed fee in any case in which the When no taxed right of trial by jury is not guaranteed by law. When any

law gives an Attorney for the Commonwealth a part of what is recovered in a prosecution, the part so given shall be held to be his fee in that case.

$ 5. That hereafter the Attorney for the Commonwealth S. A. 1858. shall receive, to his own use, thirty per centum of all judgPerquisites and

ments rendered in favor of the Commonwealth in the several courts of his district, and this shall be in lieu of all taxed fees and perquisites, except that in cases where, upon the verdict of a jury, a judgment shall be for less than fifty dollars, in which cases there shall be a fee of five dollars taxed as cost, and which shall belong to him. It shall not be lawful for Commonwealth's Attorneys to receive any portion of any fine, forfeiture, or recovery, in the name of the Commonwealth, and to which, by existing laws, they are entitled to a part, until the collecting officer shall have received the same, unless that portion belonging to the Commonwealth shall be remitted by the Governor; and it it is hereby further provided that when, by reason of insolvency or absconding, only a portion of a fine or forfeiture can be collected, then the Attorneys for the Commonwealth shall receive, pro rata, their shares of such fraction of the fine.

§ 6. He shall give the trustee of the jury fund in each Duty to give ad. county of his district all necessary advice in regard to mojury fund. tions against delinquent collecting officers for failure to re

turn executions, and shall prosecute such motions. For his services he shall be allowed five per cent. out of the

vice to trustee of

to whom, d draw

damages imposed by law against such officers for such failure.

ARTICLE V.

Attorney General. § 1. It shall be the duty of the Attorney General, upon R. S., 189; S. the application of any executive or ministerial officer of this Duty of Attorney Commonwealth, to give such officer his opinion, in writing, written opinion touching any of the duties of his office; and when requested contracts. by any of the executive or State officers, to prepare proper drafts of contracts, obligations, or other instruments of writing which may be required for public use.

§ 2. The Attorney General shall attend, in behalf of the Duty in attendCommonwealth, to all cases in which she may be interested, which commonwhether in the Franklin circuit court, the Court of Appeals, ested. or the Courts of the United States for the District of Kentucky; and shall institute the proper procedure to coerce payment of all demands of the Commonwealth payable at the Treasury not discharged in proper time. $ 3. The Attorney General may prosecute an appeal, May prosecute

appeals, when. without security, in any case from which an appeal will lie to the Court of Appeals, whenever, in his opinion, the decision of the inferior court is erroneous and prejudicial to the interest of the Commonwealth. $ 4. The annual salary of the Attorney General shall be Salary and per

quisites. five hundred dollars, to be paid monthly at the Treasury. In addition thereto, there shall be added to all judgments rendered in the fiscal courts in favor of the Commonwealth two per cent. upon the amount thereof, except as to damages awarded, which shall be collected and accounted for to the Auditor by all collecting officers, in the same manner and under like responsibilities as other moneys of the Commonwealth collectable by them. This sum, when received into the Treasury, shall, upon the warrant of the Auditor, be paid to the Attorney General as compensation for services rendered. It shall be the duty of the court to specify in the judgment the amount of this two per cent., and of the clerk to note the same upon any execution which may issue thereon. If the total amount of the judgment be not received into the Treasury, there shall be paid to the Attorney General his pro rata of whatever sum is received.

An Act to further define the duties of Commonwealth and County Attorneys. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That hereafter, before the court shall permit any Commonwealth's Attorney dismiss any indictment or enter

CHAPTER 6.

AUDITOR.

Art. 1. Who eligible for–His duties.

2. His duties in relation to Sinking Fund and School Fund.

Auditor.

sistant.
ance to Assistant
and clerks.

ARTICLE I. S 1. No person shall be elected or appointed Auditor of IR. S., 192.

Public Accounts who is not at the time over the age of Qualification of

twenty-four years, nor unless he shall have been a citizen of the United States, and also a resident of the Commonwealth of Kentucky, at least two years next preceding the period of his election or appointment.

§ 2. The Auditor shall enter upon the duties of his office Bond of and duty on the first Monday in January next succeeding his election of appointing AsAlow. or appointment; he shall, on or before that day, take the

oaths of office, and execute bond to the Commonwealth, with surety worth at the time, jointly or separately, two hundred thousand dollars, to be approved by the Governor, and filed in the office of the Secretary of State, conditioned for the faithful discharge of the duties of his office; upon which, for any breach thereof, suit may be instituted from time to time, and recovery had to the extent of the damages sustained by the Commonwealth or by others. If any appointment of Auditor be made by the Governor under the

twenty-sixth section of the eighth article of the Constitution, a nolle prosequi in any case, such attorney shall file a statement, in writing, setting forth the reasons for such dismissal or such failure to prosecute, which statement shall be signed by said Commonwealth's Attorney, and an order shall be made on the record-book of said court, and it shall remain with the papers of such prosecution as a part of the record.

2. That hereafter, before any court shall permit the county attorney to dismiss any warrant or enter a nolle prosequi in any case, such attorney shall file a statement, in writing, with such warrant, setting forth the reasons for such dismissal or such failure to prosecute, which statement shall be signed by said county attorney, and an order shall be made noting the filing of same, and it shall remain with the papers of such prosecution as a part of the record. & 3. This act shall take effect from and after its passage.

Approved April 9, 1873. An Act to protect the interest of the Commonwealth of Kentucky in certain cases. 21. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That in all actions and proceedings in the courts of this or any other State, or the courts of the United States, to which the Commonwealth of Kentucky is a party, or in which it has an interest, and for the defense or prosecution of which provision is not otherwise provided by law, the Gov. ernor of this State shall have power to employ counsel to represent and attend to such interest, and may direct the Auditor to draw his warrant upon the Treasurer for a reasonable fee for said counsel, and such other cost, including witness claims, as may be incurred in prosecuting or defending said actions and proceedings, and the same shall be paid. § 2. This act shall take effect and be in force from and after its passage.

Approved February 24, 1873.

- duration of of

tion and oath

he shall, upon the execution of bond and taking the oaths of office, forthwith enter on the discharge of the duties of his office. The Auditor shall receive an annual salary of twentyfive hundred dollars, payable monthly at the Treasury, upon the requisition of the Governor. He shall have power to appoint one assistant, whose salary shall be two thousand dollars per annum; and the further sum of eight thousand dollars is hereby allowed to the Auditor, annually, to enable him to employ and pay such clerks as he may deem necessary for the proper discharge of the business of his office.

$ 3. The term of office of the Assistant Auditor and clerks Assistant & clerks shall be the same as of the Auditor, and expire at the same fice and qualificatime, unless sooner terminated pursuant to the provisions of this chapter. No one shall be appointed to said offices who is not a citizen of the United States, and resided in the State of Kentucky two years. They shall severally take the oaths of office, and may be required by the Auditor to execute to him bond, with surety, for the faithful discharge of the duties of the office.

§ 4. The Auditor and his assistant shall reside and keep Office of, where his office at the seat of government. Upon his resignation or the expiration of his term of office, he shall, with the aid nation or expiraof the Secretary of State, make an inventory of the books, stationery, and implements belonging to the office, file the same in the office of Secretary of State, and deliver the bonks, furniture, stationery, and implements of office over to his successor.

$ 5. If the Auditor be absent, or for any cause is rendered Vacancy, in case incapable of performing the duties of his office, or if a vacancy in the office of Auditor occurs, the Assistant Auditor shall perform the duties of Auditor until the necessity therefor hath ceased to exist.

$ 6. A warrant of the Auditor upon the Treasury shall Warrant of, what state upon its face the date, amount, and the name of the person to whom payable, and on what account, and out of what fund to be paid; and shall not be issued unless the money to pay the same has been appropriated by law.

$ 7. The Auditor shall keep a separate account of all Duty of in retaxes collected, so as to exhibit the amount collected under lected and baleach law. He shall keep a correct list of all balances due to the Commonby the Commonwealth to individuals, and by individuals to the Commonwealth, and report the same to the General As

- what done with in case of resig.

tion of term.

to state.

wealth.

« AnteriorContinuar »