Massachusetts § 47 - Clerks; duty to make payments and to account; penalty

§ 47. Clerks; duty to make payments and to account; penalty

Section 47. Clerks of district courts, except Boston municipal court department, shall, on or before the tenth day of each month, account for and pay over to the state treasurer all money received by them from civil business, including fees for the blanks and copies, and to city and town treasurers all fines and forfeitures received by them payable to said cities or towns, and render to said treasurers a detailed account on oath of the same. Such payments shall include the balances due and payable at the end of the month last preceding the day of payment. They shall, at the end of a criminal case, pay the fees and expenses of officers entitled thereto from the funds in their hands payable to the city or town liable for the payment of such fees and expenses, if they have sufficient funds therefor, and all such fees and expenses not so paid shall be certified at the end of each month to the treasurer of the city or town liable therefor, who shall pay them to the parties entitled thereto. They shall, at the end of a criminal case or inquest, pay the fees of witnesses for the commonwealth and the fees and expenses of officers at inquests who are entitled thereto, from the funds furnished them by the state treasurer for that purpose, or out of any funds which may be paid into court and are payable to the commonwealth. They shall be allowed for the amounts so paid in their settlement with the state, city and town treasurers. If they do not have in their hands sufficient funds returnable to the commonwealth with which to pay such fees, as herein provided, that may make written requisition therefor upon the state treasurer, who shall pay to them not more than two hundred dollars each in any one month; but if it appears necessary to the commissioner of administration, he may approve in addition thereto a requisition for not more than two hundred dollars in any one month, and, upon receipt of a requisition so approved, the state treasurer may pay to them such amount as may be called for therein. They shall account therefor in their regular settlements with the state treasurer and shall be liable therefor on their official bonds. A clerk violating any provision of this section shall be punished by a fine of not more than one hundred dollars.