Remedy by motion against delinquent subscribers to James river and Potow.

mack compa: nies.

CHAP. XXIV.

An act giving a more speedy remedy against delinquent subscribers to the Potowmack and James river companies.

[Passed the 1st of December 1787.]

1. WHEREAS it hath been represented to the gen eral assembly, that the opening of the navigation in Potowmack and James rivers, hath been retarded by the failure of many of the members of the companies, instituted for the purpose of effecting the same, to pay their respective subscriptions: And whereas the mode of recovery now established by law hath been found wholly inadequate thereto; and works of such general utility to which the commonwealth hath already advanced several sums of money from time to time, as the same have been called for, ought not to be frustrated by the delinquency of individuals:

11. Be it therefore enacted by the General Assembly, That if any subscriber to the Potowmack or James river company now is, or hereafter shall be in arrear for any sum or sums of money called for in pursuance of either of the two acts of general assembly, the one intituled "An act for opening and extending the navigation of Potowmack river," and the other intituled "An act for opening and extending the navigation of James river," it shall and may be lawful for a majority of the directors of each company to recover any such sum or sums of money from such subscriber in the general court at any additional or other session thereof, together with all legal costs, by way of motion to the court; provided the person against whom such motion may be made, hath ten days previous notice thereof. Provided also, That if the person against whom such motion may be made, or his attorney, shall desire a jury to be impannelled, the court shall direct a jury to be immediately charged to try whether he did assume to pay, and whether he hath paid: But the said directors shall not be required to prove that he did so assume, until he shall have first made oath that he did

not so assume. And it shall be lawful for the said court to direct judgment to be entered up on the verdict rendered, with costs, and execution shall issue thereupon, returnable to any day of the said session of the general court which the said court shall direct.

III. So much of the said recited acts of assembly, as comes within the purview of this act, is hereby repealed. IV. Provided always, That so much of this act as relates to the Potowmack company, shall be suspended, until the legislature of the state of Maryland, shall pass a law to the saine effect.

CHAP. XXV.

An act for the preservation of the entries made for lands in the district of Kentucky.

[Passed the 20th of December, 1787.)

transcribed

I. WHEREAS it has been represented to this gene- Entries for ral assembly, that the entry-books now in posses- lands in Kension of the county-surveyors respectively, within the tucky, to be district of Kentucky, are from continual use so much in well bound worn and defaced, that many entries for lands are books. scarcely legible, and as the title of many good people of this commonwealth to the lands held by them within the aforesaid district, may eventually depend on their entries for the same;

II. Be it enacted, That the surveyor of each county within the district aforesaid, shall transcribe in their regular order, into well bound books, all original entries for lands made in his office since the county took place, whereof he is surveyor. And as it is represented, that the surveyor of Jefferson is in possession of the entry-books, containing the entries made in the county of Kentucky, before the division of the same into the Counties of Lincoln, Jefferson, and Fayette,

III. Be it enacted, That the said surveyor of Jefferson, shall, in like manner, copy all original entries.

made in the said county of Kentucky, until the division aforesaid took place,

IV. And be it further enacted, That the books into which the entries shall be so transcribed, shall be furnished to the surveyor by the county lieutenant of each county respectively, to be by him purchased out of the money which now may or hereafter shall be in his hands, arising from militia fines. And so soon as any surveyor shall have copied such entries as aforesaid, he shall give information thereof to the judges of the supreme court of the said district, who shall, and they are hereby authorised and directed, to appoint one or more person or persons, being magistrates in such county, together with such surveyor, carefully to examine the copies so made out, and compare the same with the originals; and shall, together with such surveyor, certify at the end of such book the number of copies of entries therein contained, and that they are faithfully transcribed; which said book or books shall be by them delivered to the clerk of the supreme court of the said district, to be kept in his office, and shall thereaf ter be deemed a legal record; and all copies therefrom certified by the said clerk, shall be admitted as evidence in any court of record, in the same manner as if taken from the original entry-book, and certified by the surveyor of the county.

V. And be it further enacted, That each surveyor shall be allowed the sum of four-pence halfpenny, for each entry by him copied as aforesaid; for which sum the judges of the supreme court aforesaid, are hereby authorised and required to grant to such surveyor or surveyors, their certificate or certificates, which shall be receivable in payment of all taxes arising in said district.

Oath of judg

es district courts.

CHAP. XXVI.

An act prescribing the oaths of office to judges of the district courts.

[Passed the 8th of January, 1788.j

1. WHEREAS by an act passed the present session of assembly, intituled "An act establishing district

courts," it is enacted that each of the judges, besides the oaths now particularly required, shall take another as judge of the district courts, according to the direction of an "Act for establishing a general court," but no provision is made for conforming the oath of office to the nature of district courts;

II. Be it enacted, That all the judges, besides the oaths by law prescribed for their separate departments, shall, as soon as may be, after the commencement of the first recited act, take the oaths prescribed by the act, intituled "An act establishing a general court," adapting the same to the nature of district courts, to be administered by any court of record, or before a judge or justice thereof, and the taking thereof shall be recorded in some district court. Provided always, That any judge may act as a judge of any district court until the next succeeding session of his particular court, before he shall have taken the oath prescribed to him as a judge of such particular court.

III. So much of the above recited act as comes within the purview of this act, shall be, and the same is hereby repealed.

CHAP. XXVII.

An act for establishing several new ferries.

[Passed the 19th of December; 1787,]

I. BE it enacted by the General Assembly, That New ferries public ferries shall be constantly kept at the following established, places, and rates for passing the same as followeth, that and their is to say: From the land of Henry Fitzhugh, at the rates. upper end of the town of Fredericksburg, across Rappahannock river, to the land of William Fitzhugh on the opposite shore, for a man three pence, and for a horse the same; from the land of Jesse Martin, near the mouth of Crooked run, in the county of Monongalia, across Monongalia river, to James Hord's on the opposite shore, for a man three pence, and for a horse the

same; from the land of the said Jesse Martin, near the mouth of Robertson's run, in the county of Monongatia, across Monongalia river to the land of David Scott on the opposite shore, for a man three pence, and for a horse the same; from the land of Charles Lynch, at the lead mines, in the county of Montgomery, across New river to the opposite shore, for a man three pence, and for a horse the same; from the land of Cuthbert Bullit, in the county of Prince-William, across the mouth of Quantico creek to the opposite shore, for a man six pence, and for a horse the same; from the land of James Cleland, in the county of Monongalia, across Cheat river to the opposite shore, for a man three pence, and for a horse the same; from the land of Andrew Ramsey, in the county of Monongalia, across Cheat river to the land of William Morgan on the opposite shore, for a man three pence, and for a horse the same; from the land of William Morgan, in the county of Monongalia, across Cheat river to the land of Andrew Ramsey, on the opposite shore, for a man three pence, and for a horse the same; from the land of Robert Wood, in the county of Ohio, across Ohio river to the opposite shore, for a man six pence, and for a horse the same; from the land of Joseph Echolls, in the county of Halifax, across Staunton river to the opposite shore, for a man three pence, and for a horse the same; and from the land of John Henderson in the county of Ohio, across Ohio river to the opposite shore in the state of Washington, 'for a man six pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keepers may respectively demand and take the same rates as are by law established at other ferries. If any ferry-keeper shall demand or receive from any person or persons whatsoever, any greater rates than are hereby allowed for the ferriage or carriage of any thing, he shall for every such offence forfeit and pay to the party grieved the ferriage demanded or received, and ten shillings to be recovered, with costs, before a justice of the peace of the county where the offence shall be committed.

11. And be it further enacted, That it shall and may Court of Nor- be lawful for the court of the county of Norfolk, anuufolk to let fer ally, to let to the highest bidder, the ferries across lizabeth river Elizabeth river, and the branches thereof, taking bond

ries across E