cified; but notwithstanding the same, he the said U. M. hath not appeared before us according to such summons. We, therefore, having duly examined into the matter of the said complaint, and the truth thereof having been fully proved before us upon oath, do discharge, &c.

NO. XXXVII.

of

County, ss. The complaint and information of A. M. in the said county, farmer, taken on oath before us, A. B. and C. D. two of the justices of the peace in and for the said county, the day of who saith that A. P. having been bound to him an apprentice by indenture, bearing date the &c. and having entered upon his apprenticeship accordingly, hath been refractory and disobedient to him the said A. M. and particularly (as the case may be)

day of

Taken the day above men

tioned, before us, A. B.

C. D.

A. M.

NO. XXXVIII.

A WARRANT FOR A DISORDERLY APPRENTICE BY TWO JUSTICES.

County, ss. Whereas oath hath been made before. us, A. B. and C. D. two of the justices of the peace in and for the said county, by A. M. of in the said county, farmer, that A. P. apprentice to the said A. M. hath committed divers misdemeanors against the said A. M. his master, and hath likewise run away from his said master. These are therefore

to require you forthwith to apprehend the said A. P. and bring him before us to answer the said complaint, and to be dealt with according to law. And you are to give notice to the said . M. that he appear before us at the same time to make good bis complaint. Given under our hands and seals, &c.

NO. XXXIX.

COMMITMENT OF AN APPRENTICE TO THE COMMON GAOL, ON COMPLAINT OF HIS MASTER, BY TWO JUSTICES.

of

County, ss. To the constable of

in the county

and to the keeper of the common gaol at in the said county. Whereas complaint hath been made before us, A. B. and C. D. two of the justices of the peace in and for the said county, upon the oath of A. M. of in the said county, farmer, that A P. apprentice of the said A. M. hath committed divers misdemeanors against him the said A. M. his master, and particularly (as the case may be.) And whereas upon examination thereof, and upon hearing the allegations of both parties, having come before us for that purpose, and upon due consideration had thereof, he the said A. P. is and stands convicted before us of the said offence. We do therefore hereby command you the said constable to take and convey the said A. P. to the said common gaol, and to deliver him to the said keeper thereof, together with this warrant. And we do hereby command you the said keeper of the said common gaol, to receive the said A. P. into your custody in the said common gaol, there to remain and be corrected for the space of Given under our hands and seals, &c.

NO. XL.

DISCHARGE OF AN APPRENTICE BY TWO JUS TICES ON THE COMPLAINT OF THE MASTER.

County, ss. Whereas complaint, &c. (as in the last precedent). We do therefore by these presents discharge the said A. P. from his apprenticeship to the said A. M. any thing in any indenture or indentures of apprenticeship betwixt them, or otherwise to the contrary notwithstanding. Given, &c.

NO. XLI.

TEES OF THE JUSTICES OF THE PEACE.

IN CRIMINAL CASES.

For a precept to summon a jury, to inquire of a forcible en ry or detainer, thirty-seven and a half cents.

Administering an oath, twelve and a half cents.

For swearing a jury to inquire of a forcible entry or detainer, twenty-five cents.

A precept to summon a jury to try a traverse of the force, thirty-seven and a half cents.

Swearing a jury to try the traverse, twenty-five cents.

Drawing a conviction of a forcible entry or detainer, one dolJar.

A warrant of restitution, thirty-seven and a half cents.

A mittimus for a fine or forfeiture, nineteen cents.

A warrant against a person for a breach of the peace, or a misdemeanor, nineteen cents.

A bond or recognizance, twenty-five cents.

A summons upon a penal law, twelve and a half cents.
Drawing a conviction, thirty-seven and a half cents.
A warrant to levy a penalty, nineteen cents.

I

The loan officer or commissioner of loan is a mere casual county officer. When his trust is completely executed, his office of course ceases to exist.

When at former periods, this state had more money in the treasury than it required for the purposes of government, the legislature have from time to time, as such occasions occurred, by special acts authorised the loaning certain specific sums of the public monies, to the citizens resident within this state, upon mortgage security on lands situated within the limits thereof; and that such monies should be invested in and distributed among the several counties, according to their relative wealth and population.

There yet remain at present three different loan-offices thus created at distinct periods of time in the counties which existed when those loans were directed to be made.

The officers, being generally two in each county, to whom these offices are entrusted, are variously distinguished. The most ancient are called "The Loan Officers," and in common parlance, the "Old Loan Officers." The next in order of appointment, are styled "The New Loan Officers," and those last created, are denominated " The Commissioners of Loan."

The acts creating the two former offices provide, that the Joan officers therein contemplated, should be appointed by the judges of the common pleas and the supervisors of the counties to which such monies were loaned. The commissioners of loan, however, were originally appointed by the council of appointment. But all vacancies which happen in either of the said offices by death or removal, continue to be filled by such judges and supervisors, in their discretion.

The statutes authorising loans uniformly provide that the supervisors shall take from the loan officer appointed, a bond with Such sureties as may be designated for the duel execution of his office, which must be deposited in the clerk's office of the county. And in some cases it is enjoined on the loan officer to take an oath of office.

By the constitution of this state, loan officers, county treasurers, and clerks of the supervisors, shall continue to be appointed in the manner directed by the present and future acts of the legislature.

A loan officer is disqualified by statute for the office of supervisor; for the obvious reason, that he ought not to be placed in a situation to be a judge of his own official acts.

DUTIES,

The principal duties of a loan officer, are as follows, viz.

1. It is his business to receive the interest monies and such instalments of principal, as annually become due and payable on such mortgages to the people of this state, as have been entrusted to his care and management.

2. In case of defalcation of payment of interest and principal, both or either, according to the tenor of any such mortgage and the statute or statutes in such case made and provided, it is incumbent on him to foreclose such mortgage, by selling the mortgaged premises at public auction, giving due notice of the intended sale, and thereupon to execute a deed to the purchaser; and after retaining out of the sale monies the principal and interest due the state, together with the expences accrued, to return the overplus, if any, to such mortgagor or his legal repre

sentatives.

3. It is his duty annually, at the time fixed by law, to pay into the state treasury the full amount of interest and principal monies by him received for the current year on such mortgages, except he has not been able to re-loan such principal received, only retaining in his hands the amount of his lawful fees. And the receipts in writing from the treasurer of the state for the time being, are the requisite vouchers he must exhibit to the supervisors of his county, in proof of the due execution of his office.

4. It is enjoined on him annually to account to the supervis ors of his county touching the exercise of all his official duties, and for that purpose it is made his special duty.

5. To provide proper blank books, and therein to enter the minutes of the proceedings in his office.

Where money is loaned on mortgage, by the loan officers, pursuant to the act of the 14th March, 1792, (sess. 15. c.25.) after a default of payment of interest by the mortgagee, for 22 days after the same is payable, all equity of redemption is forever foreclosed, by such default, and the loan officers become vested with an absolute and indefeasible estate in the land, so that this court cannot regard any estate as oxisting in the mortgagor. 9 Johns. Rep. 129.