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license, the manager shall have power to pursue, retake and bring him back, and to require all necessary aid for that purpose; and when brought back, the manager may confine him to his work by fetters or shackles, or in such manner as he may judge necessary, or may put him in close confinement in the county jail or elsewhere, until he shall submit to the regulations of the house of correction; and for every escape each offender shall be held to labor in the house of correction for the term of one month in addition to the time for which he was first committed.

Code, s. 791; 1866, c. 35, s. 6.

1371. Vagrants may be released, when. If any person committed as a vagrant shall behave well and reform, he may, on the certificate of the manager, be released by the directors. But if otherwise committed, he may be released by the committing authority, upon the certificate of the manager and directors, upon such conditions as they may deem proper.

Code, s. 792; 1866, c. 35, s. 7.

1372. Suits in name of county. All suits brought on behalf of the institution shall, unless it be otherwise prescribed, be brought in the name of the county, to the use of the directors of the work house, without designating such directors by name.

Code, s. 798; 1866, c. 35, s. 13.

VII. JOINT HOUSES OF CORRECTION.

1373. Two or more may join. Any two or more counties, acting through their respective boards of commissioners, may jointly establish one or more convenient houses of correction, as is provided in the preceding sections, for the joint use of the counties so agreeing together; and the same may be established at such place or places, and be in all respects managed under such by-laws, rules and regulations as a majority of the general board of directors, to be appointed as hereinafter directed, shall determine.

Code, s. 799; 1866-7, c. 130, s. 1.

1374. Board of directors appointed. The board of commissioners of each of the respective counties agreeing as aforesaid to the establishment of one or more houses of correction for use jointly with any other county or counties shall annually appoint five directors in behalf of their several counties, and the directors so appointed by each of such counties shall together constitute the general board of directors of any such joint establishment.

Code, s. 800; 1866-7, c. 130, s. 2.

1375. General managers appointed. Said general board of directors shall appoint a manager or superintendent for every such joint establishment, and such assistants and servants as they may deem necessary. The manager shall give bond with two or more able sureties, to be approved by said board, in such sum as may be required, payable to the state of North Carolina, and conditioned for the faithful performance of his duties. He shall hold his office during the pleasure of the general board of directors, and be, at all times, under their supervision; and of his misconduct they shall be the sole judges, and they may at any time remove him. He shall perform all such duties as may be prescribed by such general board of directors, and all such as may be incident to the office of manager by virtue of this chapter. The compensation of the manager and such subordinate officers, assistants and servants, as may be appointed by the general board, shall be fixed by said general board. Code, s. 801; 1866-7, c. 130, s. 3.

CHAPTER 25.

COUNTY REVENUE.

I. TAXES AND FINES.

1376. Taxes collected by sheriff. The county taxes shall be collected by the sheriff of the county, who shall be entitled to the same commissions and be subject to the same rules and regulations in respect to his settlement of the said taxes with the county treasurer as he is in his settlement of the public taxes with the treasurer of the state; and he shall also settle with the county treasurer or board of commissioners for the taxes on the unlisted property in his county, under the same rules and regulations as he accounts with the auditor of the state.

Code, s. 723; R. C., c. 28, s. 2; 1798, c. 509, s. 2; 1811, c. 823. See also sections 2867, 4378, 5241-5253. For construction of the words "county taxes,'' see Board v. Comrs., 137-66.

County taxes must be collected by sheriff: Board v. Comrs., 137-65; King v. Hunter, 65-603. Legislature cannot deprive him of right to collect: King v. Hunter, 65-603; see also the "office holding cases" cited under section 827 and especially Mial v. Ellington, 134-138, which gives as reason why sheriff can not be deprived of right to collect that it is fixed by the constitution, not that sheriff has property right in office. Sheriff insane, his sureties may collect current tax list: Somers v.

Comrs., 123-582. Sheriff or tax collector is an insurer of the safety of all money officially received by him against loss by any means whatever, including such losses as arise from act of God or public enemy: Comrs. v. Clarke, 73-255; Smith v. Patton, 131-397, and cases there cited.

All school taxes are included in the accounting to be made between county treasurer and sheriff: Tillery v. Candler, 118-888.

No appeal lies from refusal of commissioners to allow a credit to sheriff in his settlement of taxes; remedy of sheriff is by civil action: McMillan v. Comrs., 90-28; Jones v. Comrs., 88-56, and cases cited. Commissioners have no power to release sheriff from liability to pay over county taxes: Fidelity Co. v. Fleming, 132-337; Comrs. v. Clarke, 73-255. As to commissions allowed, see section 5246.

1377. Statement of fines kept by clerk. It shall be the duty of the clerks of the several courts, and of the several justices of the peace, to enter in a book, to be supplied by the county, an itemized and detailed statement of the respective amounts received by them in the way of fines, penalties, amercements and forfeitures, and said books shall at all times be open to the inspection of the public. Code, s. 725; 1873-4, c. 116, s. 4; 1879, c. 96, s. 1.

1378. Fines paid treasurer, when; for schools. All fines, forfeitures, penalties and amercements collected in the several counties. by any court or otherwise, shall be accounted for and paid to the county treasurer by the officials receiving them within sixty days after receipt thereof, and shall be faithfully appropriated by the county board of education for the establishment and maintenance of free public schools; and the amounts collected in each county shall be annually reported to the superintendent of public instruction on or before the first Monday in January, by the board of commissioners.

Const., Art. IX, s. 5; Code, ss. 724, 726; R. C., c. 28, s. 3; 1879, c. 96, ss. 2, 5. See also section 5194. Only clear proceeds of all penalties that accrue to the state to go to school fund: State v. Maultsby, 139-583; School Directors v. Asheville, 128-249, 137-508; Carter v. R. R., 126-445; Bd. of Ed. v. Henderson, 126-695; Goodwin v. Fertilizer ('o., 119-122; Sutton v. Phillips, 116-502; Hodge v. R. R., 108-30; Katzenstein v. R. R., 84688-and likewise as to fines, the "clear proceeds' of which are indicated, State v. Maultsby, 139-585; Bd. of Ed. v. Henderson, 126-695; School Directors v. Asheville, 137-508. Power of legislature to appropriate or give fines and penalties to other causes discussed in State v. Maultsby, 139-583; School Directors v. Asheville, 137-503. For liability of municipalities for fines, penalties and forfeitures hereunder, see School Directors v. Asheville, 128-249; Bd. of Ed. v. Henderson, 126-689; Comrs. v. Raleigh, 88-120.

1379. Commissioners expend county funds. The board of commissioners is invested with full power to direct the application of

all moneys arising by virtue of this chapter for the purposes herein mentioned, and to any other good and necessary purpose for the use of the county.

Code, s. 753; R. C., c. 28, s. 16; 1777, c. 129, s. 4. For additional important annotations on this subject, see section 1318, subsections 2, 25, 27. Courts have right to say what are necessary expenses, but can not control discretion of commissioners in incurring debt when expenses are necessary: Black v. Comrs., 129-121; Mayo v. Comrs., 122-5; Vaughn v. Comrs., 117-429; but see McKethan v. Comrs., 92-243; Evans v. Comrs., 89-154; Satterthwaite v. Comrs., 76-153; Brodnax v. Groom, 64-244.

Legislature may confer upon county the right to create debts for necessary expenses without consent of majority of qualified voters of county: Evans v. Comrs., 89-154; Halcombe v. Comrs., 89-346. Neither county nor commissioners individually liable for misapplication of funds, where they act in good faith, but under mistake of law: Bd. of Ed. v. Comrs., 113-387. Expense of convicts is paid out of county fund: Chambers v. Walker, 120-401.

EXPENSES HELD NECESSARY. Working public roads: Crocker v. Moore, 140-429; Tate v. Comrs., 122-812. Building courthouse: Black v. Comrs., 129-121; Vaughn v. Comrs., 117-429; Halcombe v. Comrs., 89-350. Constructing public roads: Herring v. Dixon, 122-420. Building and repairing bridges: Herring v. Dixon, 122-420; Evans v. Comrs., 89-158; Satterthwaite v. Comrs., 76-153; Brodnax v. Groom, 64-244.

Summary of constitutional rules as to the levying of taxes for necessary expenses in Tate v. Comrs., 122-815.

II. REPORTS OF OFFICERS.

1380. Made annually. Sheriffs, treasurers, clerks of any court, register of deeds and all other officers of the several counties, into whose hands any public funds may come by virtue or under color of their office, shall make an annual account and report of the amount and management of the same, on the first Monday of December, or oftener if required, in each year, to the board of commissioners. Such report shall give an itemized and detailed account of the public funds received and disbursed, the amount, date and source from which it was received, and the amount, date and person to whom paid; shall be addressed to the chairman of the board of commissioners for the county, and shall be subscribed and verified by the oath of the party making the same, before any person authorized to administer oaths.

Code, s. 728; 1874-5, c. 151, s. 1; 1876-7, c. 276, s. 1. For sheriff's settlement of taxes, see sections 5241-5253.

1381. Compelled. If any person required to make any of the reports hereinbefore provided for shall fail to do so, or if, after a report has been made, the board of commissioners shall disapprove

the same, such board may take such legal steps to compel a proper report to be made, either by suit on the bond of such officer failing. to comply or otherwise, as said board may deem best.

Code, s. 730; 1874-5, c. 151, s. 3; 1876-7, c. 276, s. 3.

For liability and actions on bonds of county officers, see chapter "Bonds."

1382. Registered. The board of commissioners, if it shall approve of any of the said reports, shall cause the same to be registered in the office of the register of deeds in a book to be furnished to the register of deeds by the county, which book shall be marked and styled "Record of Official Reports," with a proper index of all reports recorded therein, and each official report shall, if approved, be indorsed by the chairman of the board with the word "approved," with the date of approval, and when recorded by the register of deeds he shall indorse thereon the date of registration, the page of the Record of Official Reports upon which the same is registered, sign the same and file it in his office.

Code, s. 729; 1874-5, c. 151, s. 2; 1876-7, c. 276, s. 2.

1383. Penalty for failure to make. If any clerk, sheriff, justice of the peace, or other officer, shall fail or neglect to account for and pay over as required by law any taxes on suits, or any fines, forfeitures and amercements as required by this chapter, or shall fail to make the returns herein specified, he shall forfeit and pay five hundred dollars, to be recovered in the name of the board of commissioners for the use of the public schools of the county.

Code, s. 764; R. C., c. 28, s. 7; 1808, c. 756; 1809, c. 769; 1813, c. 864; 1830, c. 1, ss. 11-13. "Account'' defined: State v. Dunn, 134-668. Penalty statutes must be strictly construed: Alexander v. R. R., 144-93. "Penalty'' defined: Board v. Henderson, 126-689. As to actions for recovery of penalties, see sections 378, 420, 1521.

III. CLAIMS.

1384. Demand before suit. No person shall sue any city, county, town, or other municipal corporation for any debt or demand whatsoever unless the claimant shall have made a demand upon the proper municipal authorities. And every such action shall be dismissed unless the complaint shall be verified and contain the following allegations: (1) That the claimant presented his claim to the lawful municipal authorities to be audited and allowed, and that they had neglected to act upon it, or had disallowed it; or (2) that he had presented to the treasurer of said municipal corporation the claim sued on, which had been so allowed and audited, and that such treasurer had notwithstanding neglected to pay it.

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