of the county levy, and he shall, at the term of the court when the county levy is imposed, or at any subsequent term of said court, before he proceeds to collect the county levy, execute bond, payable to the Commonwealth of Kentucky, with one or more sureties, whose aggregate estate, subject to execution, after the payment of all their debts and liabilities, shall be equal to double the amount of the whole levy ordered to be collected, in form substantially as follows: We, A B, sheriff of county, and C D, his surety, Form of bond. jointly and severally bind and oblige ourselves to the Commonwealth of Kentucky, that the said A B, as sheriff, shall well and truly collect, account for, and pay over to the person entitled to receive the same, according to law, the county levy and public dues of the county of, for the year —; and that he shall, when called upon by the county court, settle his accounts, and pay over the amount, if any, of public money in his hands belonging to said county; and that the said A B shall, in all things, well and truly demean himself, and perform the duties of collector of the county levy of said county. Witness our signatures this day of ——. Which bond may be sued upon in the name of the Commonwealth, for the use and at the costs of any person aggrieved by a violation of the same. 5. If the sheriff shall fail to give such bond, when required by the county court, he shall forfeit and vacate his office of sheriff; and in such case, the county court may appoint a collector of the county levy, who shall give bond, with surety, in such form, suited to the occasion, as is prescribed herein, and whose powers and liabilities shall be the same as those of the sheriff, acting as such. § 6. The clerk of the county court shall, on or before the first day of June in each year, deliver to such sheriff or collector a list of the persons chargeable with the payment of county levy, and the sum to be paid by each; a list of the sums due, and from whom due, to the county; and also a list of persons to whom the county is indebted, and the amount to be paid by the sheriff or collector to each one. The sheriff or collector shall immediately proceed to collect from the persons chargeable with county levy, or otherwise indebted, the amount due, with the same powers, duties, responsibilities, and for the same commissions given and allowed the collectors of the public revenue; and shall pay If sheriff fail to to appoint a col give bond, court lector. Clerk to furnish tax list and list of creditors. sheriff for failing creditors. the same to the county creditors, according to their respective demands, and in obedience to the requirements of law. § 7. If the sheriff or collector of county levy shall fail to Remedy against pay or satisfy the county creditors whose names are upon the to pay the county list furnished him by the clerk, ninety per cent. of the claims due them respectively on or before the first day of October in each year, if demanded of him, and the residue on or before the county court day in January following, he and Acts 1853-4, 157 his sureties, their heirs, devisees, and personal representatives, shall be jointly and severally liable to such county creditor for his demand, with ten per centum upon the amount due, which sum may be recovered by a suit on the bond in the circuit court, or by motion in the county court. Notice in writing of such motion shall be given to each party sued, and served at least ten days before the day of trial; and if not fully served, other notices shall be issued by the clerk to the next term, and the motion continued from court to court, until the parties originally named in the motion shall all be before the court, unless the plaintiff abates as to those upon whom the notice is not served. (a) § 8. If the clerk fail to perform the duty required of him Penalty against in this chapter, he shall forfeit and pay for the use of the clerk for failing in duty. county the sum of thirty dollars for each offense, to be recovered by indictment in the circuit court of the county, or by action before a justice of the peace. 1 R. S., 299. § 9. A collector of county levy, appointed by the county court, and with its consent, may appoint one or more depuCollector may ap- ties; he and his sureties shall be liable for their acts as such, and their liabilities to him shall be the same as the liabilities of deputy sheriffs to their principals. point deputies. I R. S., 301. January term. § 10. It shall be the duty of the sheriff, or the collector of the county levy, at the county court in January, in the delinquent list at same manner that the sheriff is required to do in relation to the return of his delinquent list of the public revenue, to return to the county court all delinquents in the payment of the county levy; and he shall, for all such as are allowed by the county court, be credited in his settlement with said court. (a) No motion or action can be maintained against a sheriff and his sureties for balance in his hands until after a refusal to make settlement with the appointed commissioner; or having made such settlement, refuses or fails to pay the money to such person, as by order of county coun he is directed to pay. (Owens vs. Ballard County Court, 8 Bush, 611.) § 11. The county court may relist the delinquents returned, or place the collection of the same in the hands of other persons; and in cases where the delinquents have removed to other counties, cause them to be listed with the sheriffs of such counties, who shall collect and account for the same as other public dues placed in their hands for collection, or the court may make such contract for the collection of such delinquent taxes as it may think proper. 300. Sheriff to make delinquents re § 12. The sheriff of each county shall, at the county court 1 R. S., next preceding the expiration of his office, make a return return on oath of in writing, verified by his oath, of delinquents relisted with listed." him by said court, and the amount collected of the same during the time he was in office; and where he has not collected the money from any delinquent, he shall, if known to him, state his residence. ARTICLE III. 1. The county court, except for the county of Jefferson, unless composed of a majority of the justices of the peace of said county in commission, shall not have power to make appropriations of the county revenue or levy, or to make any charge thereon greater than fifty dollars for any one object; nor shall any such appropriations or charges exceed, at any one term, the sum of one hundred dollars in the aggregate. § 2. The court, in imposing the levy, may add a sum, over and above the claims allowed and debts due by the county, which, in their opinion, will be sufficient to meet the probable deficit or loss in collection. 3. A county creditor, though his claim is ordered to be paid by the court, after the county levy for the year has been imposed, may, nevertheless, sue for and recover his claims of the sheriff or collector, or their respective sureties, as other county creditors, if there be in the hands of the sheriff or collector a sufficient sum to pay him, after deducting the previously allowed claims. (a) Towns that pro § 4. The inhabitants of every city and town whose corpo- vide for their poor rate authorities, by law, have power to provide for their exempt from the county tithes. (a) In a proceeding by motion, the case should be heard by the court; and although no defense is made, still the averments made in the notice must be established by proof; and it must be shown that there were funds in the hands of the sheriff to pay the claim after satisfying all claims ordered to be previously paid. (Todd vs. Caines, 18 B. M., 621.) GEN. STAT.-18 settle with sher iff, etc. poor, to keep their streets and alleys in order, and who do the same, shall not be deemed tithables, or required to pay county levy under the provisions of this chapter. 5. The county court shall, in the month of October in County court to each year, and oftener, if it be advisable, cause a settlement of the sheriff's or collector's accounts concerning the county levy to be made and reported to the court; and in the month of January thereafter shall cause a final settlement to be made and reported to court; and for these purposes shall appoint some competent person as commissioner; and upon receipt and approval of said report, shall make such order concerning the remainder of the money, if any, due to the county, as they may deem necessary for its safe-keeping. County courts may give further time to sheriffs and county collectors to return delinquent lists of county levies and make settlements; but they shall do so but once in respect to any list or settlement. filed. § 6. The several reports of settlement required by this Settlement to be chapter shall be filed in court, and if approved, shall be spread at large on the order-book; for which service the court shall make a reasonable allowance to the clerk, to be paid out of the county levy. § 7. Services rendered for the county by a jailer or conCertain claims to stable, not legally payable at the treasury, shall be paid by allowance out of the county levy. be paid out of the county levy. If sheriff or col lector fail to set tle, to be proceed ed against. May appoint receiver, who shall execute bond. § 8. If the sheriff or collector, after reasonable time given therefor by the requirements of the commissioner, shall, without sufficient excuse, fail to make any settlement provided for in this chapter, he and his sureties may be proceeded against, jointly or separately, by proper action, in the name of the county court, to compel a settlement, and for judgment for any sum ascertained to be due the county. If upon the trial of such action it shall appear that the sheriff or collector was in default in failing to settle, he and his sureties, defendants to the action, shall be adjudged to pay the cost thereof, although it may be determined that there was no money in his hands due the county. $9. If from the report of settlement it shall appear that there is money in the hands of the sheriff or collector, due the county, the county court may appoint a receiver, to whom the same shall be ordered to be paid. Before the receiver so appointed shall act as such, he shall be required to execute bond to the Commonwealth, with sufficient surety, Judge, attorney, or justice, shall not speculate in county claims. appeal. § 11. Any person presenting a claim for allowance before Claimant may a county court of levy and claims for twenty dollars or upwards, shall have the right to appeal to the circuit court from the judgment or order of said court rejecting said claim or any part thereof, as appeals are now taken from judgments of the quarterly court; service of summons on the appeal shall be sufficient, if served upon the county judge of the county. |