of like force and obligation, as if such additional bond had not been given. SEC. 24. Whenever the sureties in either bond shall have been compelled to pay any sum of money on account of the principal obligor therein, they shall be entitled to recover of the sureties in the remaining bond, a distributive part of the sum thus paid, not exceeding the penalty of the bond by which such sureties are bound. SEC. 25. Whenever any sureties for an officer wish to be discharged from their liability, they and such officer may procure the same to be done, if such officer will file a new bond, with sufficient sureties, in like form and penalty and with like conditions as the original bond of said officer, to be approved and filed as such original bond. Upon the approval and filing of such new bond, such first sureties shall be exonerated from all further liability, but their bond shall remain in full force as to all liabilities incurred previous to the approval and filing of such new bond. The liability of the sureties in such new bond shall in all respects be the same, and may be enforced in like manner as the liability of the sureties in the original bond. SEC. 26. Unless otherwise expressly provided, there shall be at least two sureties upon the official bond of every officer. SEC. 27. When any surety in an official bond, or the heirs, executors, or administrators of such surety, shall petition the circuit court to be discharged from such bond, the said court shall cause the officer to be served with an attested copy of such petition, and shall require him to give a new bond, at such time as may be ordered, in the same manner as if none had been given by him. SEC. 28. Upon such new bond being given, approved and filed according to law, the sureties in the former bond and their estates shall be discharged from all liability for any breach of duty committed by such officer after that time. SEC. 29. If any such officer, being so required, shall fail to give such new or additional bond within the time required by said circuit court, he shall be deemed to have been guilty of a breach of official duty, and his office shall be declared vacant. SEC. 30. The provisions of this chapter, from the twentieth section to the twenty-ninth section, both inclusive, shall apply to the bonds of executors, administrators, and guardians; and the orphans' court, as to such bonds, shall have and exercise the jurisdiction and authority conferred upon the circuit court therein. SECTION 1. Where any statute imposes a fine, unless it shall be otherwise provided, it shall go to the United States. SEC. 2. Justices of the peace shall have jurisdiction for the recovery of fines imposed by the laws of this District only where the same is expressly conferred. SEC. 3. When any fine imposed by the laws of this District is collected by any constable, so much thereof as accrues to the United States shall be paid over to the marshal, and the remainder, if any, with the costs, shall be paid over to the parties entitled thereto. SEC. 4. Each justice of the peace shall, on the first Monday in January and July of every year, return to the clerk of the criminal court a list of fines imposed by him, and the proceedings had thereon. If any justice shall violate the provisions of this section, he shall forfeit one hundred dollars. SEC. 5. It shall be the duty of the district attorney to issue execution for the recovery of fines, with the costs thereon, imposed by the criminal court. It shall also be his duty to cause all delinquencies in relation to the service or return of any execution to be duly prosecuted. SEC. 6. So much of any fine collected or received by the marshal, as accrues to the United States, shall be paid over by him for the benefit of public schools within this District, and the remainder, if any there be, with the costs, shall be paid over by him to the parties entitled thereto. Such payments for the benefit of public schools shall be made by the marshal at least once in every six months to the mayors of Washington city and Georgetown, and the president of the levy court, in the proportion of the number of scholars in the public schools within their respective jurisdictions. SEC. 7. The clerk of the criminal court shall annually, on the first Monday of March, transmit to the corporations of Washington City and Georgetown, and the levy court, a list of all fines imposed by the criminal court, or by any justice of the peace, during the year preceding, where the fine accrued wholly or in part to the United States. With such list of fines there shall also be stated the several sums of money accruing to the United States, and the several sums of money returned as collected or acknowledged to be received by the marshal on the same. The said clerk shall also state whether execution hath been issued upon such fines, and if so, when; and if any return be made, the nature thereof. For making out each of said lists, the said clerk shall receive two dollars, to be paid out of such fund. SEC. 8. If any informer, to whom by law a fine wholly or in part accrues, shall fail to recover in any prosecution for a fine, such informer alone shall be liable for costs and fees. If, however, such informer be an officer, whose duty it is to commence such prosecution, and the judge of the criminal court, or justice of the peace, as the case may be, shall certify there was reasonable ground for the same, he shall not be so liable. SEC. 9. The provisions of sections five, six, and seven of this chapter shall apply to forfeited recognizances in criminal proceedings as well as to fines. SEC. 10. When any fine or forfeiture accrues wholly to any other party than the United States, a civil action may be maintained for the same by such party, and at his cost. If any such fine or forfeiture be less than one hundred dollars, justices of the peace may have jurisdiction as in civil cases. |