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1. Discretion as to disclosures made by defendant.
It is within the discretion of the public prosecutor to determine whether or not, the defendant, who is an accomplice, shall be permitted to become "state's evidence," and also whether, if he does, he is afterward entitled to exemption from further prosecution by reason of what he has done. Runnels v. The State,
2. When appointed pro tem., how paid.
The salaries of prosecuting attorneys are entirely under the control of the legislature, and under the act of March 27, 1871, the auditor is authorized, in settlement of the same, to deduct any amount that may have been paid a prosecuting attorney pro tem. for the same district. White v. Berry, Auditor,
See JURISDICTION, 3–5.
See CONSTITUTIONAL LAW, 2.
See AGENCY, 1, 2.
See BAIL. BANKRUPTCY, 2.
See VENDOR'S LIEN, 2.
What constitutes filing for record.
To secure a party his full rights under our registry laws, the substantial act to be done is to take the writing or instrument and cause it to be placed on file, for record, in the office where such instrument are to be recorded, and to pay the fees allowed by law for recording, and such deposit may be made with the person in charge or custody
of the office; and being so deposited, with one having the control of the office for the time being, it does not devolve on the party to show that his deed or instrument was put in the hands of the recorder or a regular deputy; the one in charge, and performing the duties of the office, has sufficient authority for such purpose. Oats v. Walls, 244
See EXECUTION, 2. TAX SALES, 1.
RENTS AND PROFITS.
DECREE OF FORECLOSURE: When not necessary to revive, to make sale under, etc.
Where an execution and decree of foreclosure are put in the hands of proper officers to be executed during the lifetime of the plaintiff, and the plaintiff dies before the execution is completed, it is not necessary to revive the action and bring in the heirs or legal representatives of the deceased plaintiff as parties. Pace v. Rust,
RIGHT OF WAY.
See CONSTITUTIONAL LAW, 2.
See CRIMINAL LAW, 3.
See PROSECUTING ATTORNEY, 2.
See CONTRACT, 1.
See BAIL, 1. BANKRUPTCY, 2. CLAIMS AGAINST ESTATES, 2
Test as to tranfer of title.
The test as to whether, upon a contract of sale, the property vests in the vendee or remains in the vendor, is, could the vendee recover of the vendor, either in a court of law or equity, the interest or property he claims to have purchased of the vendor? Pierce v. Lyman et al., 550
See CONSTITUTIONAL LAW, 1.
See BAIL, 3, 4. JURISDICTION, 4.
What mistakes in, may be corrected, etc.
The sheriff made actual entry and levy upon the proper lands of the judgment debtor, but made a mistake in his return as to the numbers of the land, and carried such mistake into his advertisement, and the lands were sold and deed executed therefor and filed for record, without knowledge on the part of the purchaser of such mistake; subsequently, under another judgment, the same lands were levied upon and sold by their proper description and deed executed therefor, the purchaser having notice of the misdescription in the former deed. On bill to cancel the deed under the second sale: Held, 1. That the continuance of the mistake in the advertisement did not deprive the sheriff of the power to sell, and the bona fide pur chaser was not affected by any irregularity or omission by the sheriff in advertising or conducting the sale; 2. That such accident, mistake or irregularity, after the deed has been acknowledged in court, cannot, at a subsequent period, be corrected by the law court, but is relievable in equity. Steward and wife v. Pettigrew, 372
GROCERY LICENSE. TAXES, 1. TAX SALES, 1.
See COUNTY SCRIP. FEES, 1.
1. Act of April 25, 1873. Under the act of April 25, 1873, appointing commissioners to locate the county seat of Pope county, Russellville became the temporary county seat, and judgments rendered by courts held at that place were valid. McNair v. Williams,
2. When mandatory.
Where the legislature points out, specifically, how an act is to be done,
although without it, the court or officer, under their general powers, would have been able to perform the act, yet, if the legislature impose special limitations, they must be strictly pursued, and although performed by a discretionary officer, the limitations of the statute render the doing of the act ministerial in him performing it, in which no discretion can be indulged. Hudson et al. v. Jefferson County Court, 359
3. Creating new counties. How far conclusive as to area, etc.
When the constitutionality of an act of the legislature, creating a new county, is questioned because its area is less than the constitutional requirement, or that some county or counties out of which it has been organized has been reduced below six hundred square miles, to determine this fact, the courts cannot look beyond the act itself, or some other official record of like grade and character, or official survey or maps of which they are bound to take judicial notice The State ex rel. v. Dorsey County, 378
See APPEAL, 3.
Liability of sureties.
Singleton sued Neal and two others; judgment against defendants. Appeal to this court with supersedeas bond; judgment affirmed as to the two, and set aside as to Neal for the want of service. Suit on supersedeas bond and plea by sureties that the judgment was not affirmed. Held, that Neal, not having been served with process, was not prejudiced by the judgment and could not prosecute the appeal, and that on affirmance of the judgment as to the two, the sureties became liable. Porter et al. v. Singleton, 483
See JURISDICTION, 1. NEW TRIAL, 4. PRACTICE, 1, 2, 3.
SWAMP AND OVERFLOWED LANDS.
What certificates not a sale of.
Certificates issued by the board of swamp land commissioners, under ordinance nine, were not a sale of the land, but simply evidence of an application to purchase, which the commissioners might subsequently accept or reject, and such certificates secured to the holders no right as against any other purchaser who adopted legal means in securing his lands. Pence v. Sandford et al. 235
See LEGISLATURE, 2. TAX SALES.
1. Acts of July 23, 1868, March 24 1869, March 16, 1871, and April 29, 1873, construed; in what funds taxes payable.
All state, poll, county, municipal, district school, and license taxes may
be paid in five per cent. treasurer's certificates, commonly known as state scrip, except tax to pay interest on the public debt. State scrip issued since the passage of any act by the legislature levying a tax, or authorizing a county or city to levy a tax, to be paid in United States currency, cannot be taken in payment of that tax; bona fide holders of county bonds issued in pursuance of the act of March 28, 1871, cannot be compelled to accept treasurer's certificates issued after the passage of that act, nor could the counties be compelled to accept such scrip for the taxes levied for such pur. poses; state scrip issued since the 29th of April, 1873, cannot be received in payment of the tax levied pay interest on county bonds issued under the provisions of the act approved April 29, 1873; neither can the state liquor tax, levied for the benefit of the sinking fund, be paid in scrip issued since April 28, 1873. English v. Oliver, Collector, 317
2. COLLECTOR OF TAXES: What funds or parts of taxes must receive. When the amount of any fund or funds is tendered in money or such scrip as the collector is required to receive, he should accept the same. Whether the owner of real estate will pay all taxes, or pay one kind and not another, or let his lands go to sale for all or part, are questions for him and not the collector to determine. Coit v. Claw, Collector, 516
3. BOARD OF SUPERVISORS: Cannot order in what taxes shall be paid. The law prescribes in what taxes shall be paid, and the collector is bound by his bond and official oath to collect accordingly. There is no discretion in the matter conferred upon the county board, and any orders they may make, declaring in what kind of funds any division of taxes shall be paid, are extra judicial and of no effect. Ibid.
1. Redemption of lands sold for, etc.
Where a revenue act provided that lands sold for the nonpayment of taxes could be redeemed within a certain time upon the payment of a certain penalty, and such act is repealed by a subsequent one, changing the time for redemption and the amount of penalty, but providing that the former act shall remain in force for the collection of the taxes levied thereunder: Held, that an act in force for the purpose of collection is in force for the purpose of redemption, provided the penalty is tendered within the time prescribed by that act. Wolfe v. Henderson,
2. When set aside, what damages to purchaser.
Where, on application to confirm a tax title, the sale is decreed to have