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1805. out of the public treasury, on warrant from the auditor of public ac\-2 counts, after his list of licenses shall be returned to the auditor as “aforesaid. Clerks of courts shall annually, on or before the first day of October, return to the auditor, a list of all licenses granted to tavern keepers, hawkers and pedlars, by their respective courts, previous to the first day of September in every year; and every clerk neglecting this duty, shall forfeit fifty dollars, to be recovered by motion in the general court, on ten days previous notice. The r clerks of courts shall also on or before the fifteenth day of DecemMoscow ber in every year, account on oath to the auditor of public accounts, - for all taxes received by them by virtue of their offices, previous to commissioneror the first day of September in such year. A list of all licenses grantclerk to return ed to merchants, shall be returned by the commissioner or clerk list of licenses to granting the same, to the county or corporation courts, for their ....” examination, a certified copy of which list shall be transmitted to when list to be the auditor of public accounts, by the commissioner granting the sent auditor. same, in the city of Richmond, the borough of Norfolk, and the towns of Petersburg, Manchester, Falmouth, Portsmouth and FreTax of certain dericksburg, on or before the twentieth day of May ; and the shetowns, when riffs or collectors for the said city, borough and towns, shall, on or payable into trea- before the twentieth day of May next, and annually on or before sury. the same day, pay into the public treasury, all monies so received in the city of Richmond, the borough of Norfolk, and the towns of Petersburg, Manchester, Falmouth, Portsmouth and Fredericksburg ; and all other monies so received shall annually be accountéd for and paid on or before the first of October.
Person aggriev- 4. And be it further enacted, That where the owner or proprietor ..o.o. of any house or lot subject to taxation, shall think himself aggrievoner's valuation * ... - • * , ... pp. ..." ed by the valuation of the commissioner, he may appeal to the court the court. . . . by whom he was appointed, whose judgment as to the yearly rent ... or value shall be final. The said commissioners, or either of them, be o to ascertain the rent paid on houses or lots actually rented or leased, may call on the tenant or proprietor, to declare on oath or solemn affirmation, what is the amount of rent paid for the same : and every person so called on and refusing to declare, shall forfeit and pay the sum of three hundred dollars, to be recovered by motion, on ten days previous notice, at the instance of the commissioners of the revenue, or either of them.
Penalty on own. 5. And be it forther enacted, That every covering horse or jacksolo ass which shall not be duly entered as such, with the commissionto...ow, ers of the revenue, and all such horses and asses brought into this commonwealth subsequent to the ninth of March next, shall be li able to a treble tax, to be paid by the owner of the place where he shall stand, upon whom itshall be distrainable by the sheriff, as if the same had been entered on the commissioner's book in his name : • for two thirds whereof the sheriff shall be accountable to the public, and for every failure so to account, shall forfeit two hundred dolo lars, to be recovered with costs, on ten days previous notice, by the auditor, for the use of the commonwealth : Provided, That any person bringing such horse or ass into this commonwealth, entering him with the commissioner within ten days thereafter, and paying the tax to which he is liable, shall be absolved from said penalty, and such commissioner shall subjoin such horse or ass to the list o taxables.
6. And be it further enacted, That when any person shall remove 1806. any stud horse or jack-ass out of the limits of the county or com- missioner's district wherein he is resident, after the ninth of March Rule to be obin any year, it shall be the duty of such person removing such horse ... ass or ass as aforesaid, to produce to the sheriff of the county into is removed. " which such horse or ass is removed, a certificate from the commissioner of the county or district from which such horse or ass is removed, that such horse or ass has been duly entered with such commissioner, and the sum for which such horse or ass is entered for the season ; every person failing as aforesaid, shall forfeit and pay treble the amount of the sum at which such horse or ass shall cover for the season, to be collected and accounted for by the she
riff on oath, for the use of the commonwealth.
7. And be it further enacted, That no court shall hereafter grant Person wishing to any person a license to keep an ordinary, until such person shall ...P.": - - inust produce to Produce to such court, the receipt of the sheriff, collector, or serge-jo receipt ant, for the tax by law imposed on such license, which tax shall be for tax. refunded to the person paying the same, by such sheriff, collector,
or sergeant, if such license be refused.
Provided always, and be it further enacted, That ten days previ-Proviso. ous notice shall hereafter be necessary to any sherit, collector, clerk, inspector, or notary public, for the purpose of recovering a judgment for any taxes, fines, or public dues of any kind, where by law the auditor is authorised to proceed against them, or any of t them, by motion. No sheriff or collector shall at any time be al- within what lowed to return any list of insolvents, or have any crédit therefor, time sheriff to after eighteen months shall have expired from the period of the . list of intaxes becoming payable by such sheriff or collector, to which such solvents. list relates. A commission of five per cent. and no more, shall be allowed the sheriffs and collectors, for the collection of taxes on licenses granted to merchants, hawkers, or pedlars, any law to the contrary notwithstanding.
8. This act shall commence and be in force, from and after the Commencement passing thereof.
CHAP. LXXXVI. An Act concerning the attendance of Witnesses in the Inferior Courts. [Passed December 19, 1806. *
1. B” it enacted by the General Assembly, That in future the witnesses at
clerks of the county and corporation courts within this tendance in commonwealth, shall be, and they are hereby required and empow- . i. - - - - re
ed to administer the necessary oaths, and to receive and enter the to...t.
attendance of witnesses attending the said courts, and to grant cer
1806. tificates or orders therefor, in like manner as the clerks of the dis-— trict courts now do, as to witnesses attending those courts.”
commencement. 2. This act shall be in force from and after the first day of March The Xts * *
An Act to amend the several Acts empowering Securities to recover
[Passed December 20, 1806.]
Interest on mo. 1, ID E it enacted by the General Assembly, That when any court ney recovered in B of record within this commonwealth, shall hereafter ren...” * der judgment on motion, in favor of any security or securities, his, her or their heirs, executors or administrators, against any principal obligor or obligors, his, her or their heirs, executors, or administrators, for any sum of money, or quantity of tobacco, which may have been paid or satisfied by such security or securities, his, her or their heirs, executors, or administrators, on account of such principal obligor or obligors, his, her or their heirs, executors, or administrators ; such court shall allow interest in the said judgment, on the amount so paid or satisfied, from the time or times when the same shall have been paid or satisfied, until the said judgment shall be discharged. 2. This act shall commence and be in force from and after the
first day of April next.
An Act further to extend the jurisdiction of justices of the Peace-f - [Passed December 23, 1806.]
Jurisdiction of 1. B* it enacted by the General Assembly, That when any single justice ex- debt or penalty exclusive of interest, or the subject in ****** controversy in trover and conversion, or detinue, shall not exty dollars. y • “. o ceed twenty dollars, the same shall be cognizable and determinable by any one justice of the peace, who may give judgment thereon, according to the principles of law and equity, for the principal and - interest due thereon, or for the value of the subject in controversy, with damages, as the case may be, and costs, and award an execution to be directed to any constable or other officer within this commonwealth, against the goods and chattels of the debtor, or party against whom such judgment shall be rendered, to be executed and returned as other writs of fieri facias are by law directed to be executed and returned ; but no writ of capias ad satisfaciendum shall be granted by any justice of the peace : Provided, however, that no justice of the peace shall take cognizance of any attachment where o: sum demanded shall exceed ten dollars.
cause of aetion 2. The cause of action shall be stated in every warrant issued by to be stated in a justice requiring any person to appear before him, or some other Warrante justice, to answer in any suit for debt, detinue or trover ; and all
*see Rev. Code, vol.1, ch. 141, sec. 9, pa. 279.
# See Revised Code, vol. 1, ch.67, sec. 6, pa. 84, jurisdiction 5 dollars, ch. 271, Pa. 405, extended to 10 dollars.
such warrants shall be made returnable on a certain day not exceeding thirty days from the date thereof.
3. Executions shall be stayed on judgments given by a justice of peace for any sum exceeding ten dollars, exclusive of costs and interest, forty days ; the person requesting such stay giving such security as the justice rendering such judgment shall approve, for the payment thereof, with interest, until the same shall be satisfied. And, unless such judgment shall be paid and satisfied within the period before mentioned, execution shall thereupon be granted by such justice against the party and his security jointly, on which execution no security shall be taken.
4. If either party, in any suit hereafter to be brought before any justice of the peace, shall think himself, herself or themselves griev. ed, where the debt or subject of trover, or detmue, or damages, exclusive of interest, shall exceed ten dollars, or the sum demanded
on any penal statute shall exceed five dollars, such party, within .
five days from the rendition of such judgment, may enter an apPeal to the next monthly term of the county or corporation court, giving such security as the justice rendering the judgment shali sleem sufficient for the payment thereof, and all costs and damages, in case the same shall be affirmed.
5. The verbal acknowledgment of any security required to be verbal acknow. taken under this act shall be sufficient, and the endorsement by the ledgment of sejustice of the name of such security upon the warrant, on which the ****
judgment shall be rendered, shall be conclusive evidence of such acknowledgment.
6. Appeals granted under this act shall be tried in a summary way without pleadings in writing on the day to which such appeal shall be returnable, unless good cause be shewn by either party for a continuance; and the courts, in rendering judgments thereon, shall govern themselves by the principles of law and equity. And where judgment is affirmed, the same shall be entered for the amount of the original judgment and the costs of appeal, together with damages after the rate of ten per centum per annum upon the whole amount of the original judgment and costs from the date thereof until payment, and such judgment shall be entered against the principal and his security jointly, and execution thereon shall issue accordingly, and be endorsed, “no security to be taken.”— And if the judgment of the justice shall be reversed the appellant shali recover full costs. *
7. Every justice of the peace from whose decision an appeal is
Appeals, how tried.
Justice to trans
prayed, shall on or before the day to which the same shall be return- mit papers to able, transmit to the clerk the original warrant, with the judgment court.
and the name of the security endorsed thereon. And the clerk shall docket the same, and be entitled to the same fees upon such appeals as clerks of district courts are entitled to for similar services. Any person or persons who shall be compelled to pay money under this act as a security, his, her, or their executors and administrators, shall have the same remedy against the principal or principals, his, her, or their executors and administrators, by motion, for the amount so paid, with interest and costs thereon, as other securities are by law entitled to.
8. When the constable or cther officer to whom any execution shall hereafter be directed by a justice of the peace shall not be able to find goods and chattels to satisfy the sare, he shall make return therect to the clerk of his county or corporation, who shall docket the same ; and the party shall be entitled to such writ or writs of execution for the recovery of the amount due thereon, as if the judgment upon which such execution issued had been rendered in court. And the same proceedings shall be had upon executions to be issu
ed by the clerks under this act, as upon executions founded up on
judgments rendered by courts of law, and the clerks shall be entitled to the same fees ior the services hereby required of them, to which they would have been entitled if such judgments had been rendered in court.
9. Every justice of peace shall have power to issue executions and subpoenas for witnesses to be directed to the constable or other officer of any county or corporation within this commonwealth, where the party or witness resides.
10. If any constable or other officer shall sail to make return of any execution to him to be directed under this act, cm or before the return day thereof (which shall in no case exceed sixty days from the date thereof) it shall be lawful for any justice of the peace, ten days notice being given, upon the motion of the party injured, to fine such constable or other officer, in any sum not exceeding five per centum per month, upon the amount of such execution, counting from the return day thereof.
11. Whosoever shall bring any action or suit, if it shall appear, either by his own shewing or the verdict of a jury, that a justice of the peace had cognizance under this act, shall be non-suited.
12. The same fees for counsel or attornies shall be taxed in the bills of costs upon appeals under this act, as were heretofore taxed upon petitions and summonses.
13. If any constable or other officer shall hereafter receive any money or tobacco upon any execution hereafter to be directed by any justice of the peace, and shall not pay the same to the party or his agent entitled thereto, upon the return of such execution, the party or parties, his, her, or their executors or administrators injured thereby, shall be entitled to the same remedy, by motion, for the sum so received, with interest and costs, against such constable or other officer and his security or securities, his, her or their executors and administrators, to which he would have been entitled against a sheriff for money received on an execution issued upon the judgment of a court of law. And the court of the county or corporation in which the bond of such constable or other officer is, or shall be deposited, shall have power to hear such motion, and to render judgment thereon.*
14. And be it further enacted, That every court within this commonwealth, on reversing any judgment of any justice of the peace, shall pronounce such final judgment, as, in their opinion, such justice ought to have rendered.
15. All acts and parts of acts contrary to this act, and particularly so much of the act, entituled, “An act, reducing into one all acts 4.
* See ante chap. 8, sec. 3.