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No appeal shall be hereafter granted in any cause in chancery, until a final decree is pronounced, unless where the court in which any such cause is or may be depending, shall think necessa- No appeal till firy to prevent a change of property under an interlocutory decree, na decree, ce and before the final decree can be pronounced. (a)

nal certain cases ex

cepted.

3. If either party shall hereafter enter an appeal from any de- Record of appeal cree pronounced in any of the inferior courts of this commonwealth, not filed before to any of the superior courts of chancery, and shall fail to file the during second record with the clerk of such superior court before or during the term, cause to stand dismissed second term of such court after the same shall have been granted, with costs with such appeal shall be dismissed with costs, unless good cause be out good cause shewn to the contrary, in which case the same may be docketed shewn. and heard as if the record had been filed in proper time.

after bill filed.

4. And be it further enacted, That if the defendant in any suit Defendant to in a chancery district court, does not file his answer within three file his answer months after the plaintiff shall have filed his bill, having also been within 3 month served with the subpoena at least three months before the said time for filing his answer, the plaintiff may proceed to take his bill for confessed, and proceed in the same manner as in the case of an attachment returned executed. (b)

court may direct publication in

5. And be it farther enacted, That in suits against absent defen- Suit against abdants in the courts of this commonwealth having chancery juris- sent defendant diction, it shall and may be lawful for the court in which such any suit is or shall be depending, to direct publication to be made in a- newspaper. ny newspaper printed within this commonwealth, the circulation of which in their opinion is best calculated to apprise the absent defendant or defendants of the pendency of such suit. (c)

6. And be it further enacted, That the terms of the chancery dis- Richmond chantrict court holden at Richmond in the months of May and Septem- cery terms to ber, shall hereafter commence on the first day of May and fifth commence on 1st May & 5th Sepday of September in every year, unless the same shall happen on tember. Sunday, in which case the same shall commence on the succeeding day.(d)

collected

7. Be it further enacted, That the commissioners in chancery Commissioners shall be authorised to charge for copies of reports, or such other in chancery, how papers as the parties in the suits referred to them may require, the to charge & how their fees to be same fees as the clerks of the respective courts from whence they receive their appointment are authorised by law to charge for similar services; and that their tickets for the same shall be collected by the sheriffs and sergeants and accounted for by them in the same manner, and under the like penalties, as the fees of the said clerks : Provided, Such charges shall be confined to the services for which no allowance is or shall be made by the rules of the respe

(a) Amendatory of an act in the Rev. Code, vol. 1, ch. 223, pa. 375.

(b) By an act of 1790, ch. 12, sec. 3, incorporated in the Rev. Code, vol. 1, ch. 64, sec. 25, pa. 66, an attachment was made necessary, in suits depending in the high court of chancery. The law is now restored to what it was before the act of 1790.

(c) Formerly in a newspaper convenient to the place where the court was heldSee Rev. Code, vol. 1, ch. 78, sec. 3, pa. 115.

(d) The terms were heretofore on the 1st of March, 12th of May, and 10th of September-See Rev. Code, vol 1, ch. 64, sec. 3, pa. 63.

S

1806.

Certain allowan

courts establishing the fees of their commissioners; and such fees being certified to the respective clerks, shall be charged in the bills of costs, if the same would have been so chargeable in case the same services had been performed by such clerks. And every commissioner, for asking, demanding or receiving any other, or further fees for services performed than those allowed by law, or for asking, demanding or receiving any fees for services not performed, shall be liable to the same penalties and proceedings as clerks of courts are liable to in the like cases.

8. Be it further enacted, That the clerks of the several chancery ces to clerks of district courts in this commonwealth shall be allowed the same chancery courts. fees for issuing executions and taxing damages and costs, or for taxing damages and costs where no execution is issued, on decrees entered on appeals, as by law are allowed to the clerks of the common law district courts for similar services.

Commencement.

Additional allowance to veniremen.

Proviso.

Certain allowan

ces heretofore men to be paid.

made to venire.

Commencement.

9. This act shall commence and be in force from and after the first day of April next.

CHAP. CIV.

An Act to amend an Act concerning Grand Juries, Petit Juries and Veniremen.*

1.

BE

[Passed January 15, 1807]

E it enacted by the General Assembly, That the district courts shall have power to make an allowance not exceed ing one dollar and twenty-five cents per day, to each venireman, who shall hereafter be impannelled and sworn in any criminal case triable before said courts, for every day they shall be detained upon such trial, after the first day, in addition to the allowance now made by law Provided, The court, from the circumstances of the case, shall deem it proper that such allowance ought to be made; and on the same being certified to the auditor of public accounts, he is hereby authorised and required to liquidate and adjust the said claims, and grant warrants on the treasury to the respective claimants, for the amount of their claims.

2. And be it further enacted, That all allowances heretofore made by the said courts for expenses incurred in supporting venires detained upon criminal trials, shall, on being certified to the auditor, be liquidated and paid as aforesaid.

3. This act shall be in force from the passing thereof.

CHAP. CV.

An Act giving power to the County Courts to establish Ferries, and to regulate the Rates of Ferriage.t

Power given to 1.

County courts to

establish ferries.

BE

[Passed January 17, 1807.]

E it enacted by the General Assembly, That when any per son or persons shall own the land on both sides of any Person wishing water-course through which a public road is or shall be establish to establish a fer- ed, and shall desire to keep a ferry across such water-course, he,

* See Rev. Code, vol. 1, ch. 73, pa. 99.

See Rev. Code, vol. 1, ch. 116, pa. 221.

1806.

she or they, shall make application to the court of the county wherein the said land lieth, who shall order the sheriff to impannel a juof twelve disinterested freeholders, who shall view the place ry, how to pro ceed. proposed for keeping such ferry, being first sworn, and on their oaths say, whether in their opinion, public convenience will result from the establishment of such ferry. The jury shall certify their opinion under their hands, and deliver it to the sheriff, who shall return it to the court, who thereupon, as well as upon any other evidence that may be offered, shall have full power to establish such ferry, and fix the rates for passing the same, observing that the Restrictions as rate for a man be the same as for a horse, for every wheel of a carriage the same as for a horse, for each head of neat cattle the same as for a horse, and for each hog, sheep or goat one fifth part of the rate for a horse.

to rates of ferri,

age,

2. No such ferry shall be established unless the applicant shali Person applying have previously advertised his intentions, and the time of applicati, to advertise his intentions, on, at the door of the courthouse, on two several court days.

3. The like proceedings shall be had where the person or persons who shall desire the establishment of a ferry, shall own thẹ land on one side of the water-course only.

Similar proceedings where applicant owns and on one side of a stream.

divides two

4. And be it further enacted, That if any person or persons shall How to proceed desire to establish a ferry over any stream or water-course, which where stream now is, or hereafter may be, the division line between any two counties. counties, such person or persons shall make application to the court of one of the counties bounded by such water-course, under the regulations herein before prescribed, and such court shall pro ceed in the manner herein before directed. And if, upon the return of the inquisition of the jury, such court shall be of opinion that public convenience will be promoted by the establishment of such ferry, they shall certify the same, and the rates of ferriage they think proper to be allowed, to the court of the other county, bounded by such water-course, who shall thereupon proceed as herein before directed. And if, upon the return of the inquisition, such court shall be of opinion, all circumstances considered, that it is expedient to establish such ferry, the same shall from thenceforth be established: Provided, That the applicant shall advertise his intention to apply to such last mentioned court, and the time of his application, at the door of the courthouse of such county, on two several court days.

5. And be it further enacted, That if any person or persons shall Courts may raise own a ferry now established by law, or hereafter to be established rates of ferriage. under the provisions of this act, and shall conceive that the rates of ferriage are insufficient, such person or persons may make application to the court of the county wherein such ferry is situated, who are hereby authorised and empowered to hear such application; and, if it shall appear to them, all circumstances considered, that it is just that the rates of ferriage should be increased, they may establish such new rates, as in their opinion, shall be deemed equitable. And where such ferry shall be on any water-course, which is the boundary between two counties, the consent of the courts of both counties shall be obtained; without which no increase of ferriage shall be allowed: Provided, That no court shall Provise allow or consent to any increase of ferriage, unless it shall appear

1806.

Person aggrieved by judgment

of county court may appeal to district court.

Penalty on own

of ferries for misconduct.

to them that the intention of the applicant and the time of his application has been advertised on two several court days, at the door of the courthouse of such county.

6. Where any person or persons shall think himself, herself or themselves, aggrieved by the judgment of any county court, on an application for the establishment of a ferry, or for an increase in the rates of ferriage, he, she or they may enter an appeal from such judgment, to the next court to be hoiden for the district within which such county is.

7. And be it further enacted, That if any owner or keeper of a ers or keepers ferry, which is or may hereafter be established according to law, upon due application to him made, by any person, to be set over by such ferryman, every such owner or keeper of a ferry, refusing to set over such person in a reasonable time after such application being made, shall forfeit and pay the sum of two dollars for every such refusal, to be recovered by warrant before any justice of the peace for the county or corporation wherein such offence may be committed, the one half to the use of the informer, and the other half to the use of the poor of the precinct wherein such offence may be committed.

Proviso.

Certain parts of the law regulating ferries to apply to this act.

All the magis

trates to be sum

moned, & a majority necessary to act under this

law.

Fees to the officers.

Commencement.

8. Provided nevertheless, That if it shall appear to the satisfaction of the justice of the peace, before whom such warrant shall be returned, that from the cause of wind, rise of water, driving of ice, or other good cause in such water-course, over which such ferry may be established, that the life of such owner or keeper would have been in danger, then such owner or keeper shall not incur the penalty aforesaid,

9. The fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth and thirteenth sections of the act, entituled, "An act reducing into one the several acts, for the settlement and regulation of ferries," (a) passed the twenty-sixth day of December, one thousand seven hundred and ninety-two, shall apply to all ferries to be established by virtue of this act, in like manner as if the same were enumerated in the said recited act.

10. And be it further enacted, That the whole of the acting magistrates within the respective counties, to whose courts any application may be made for the establishment of a ferry, or for the increase of the rates of ferriage, under the provisions of this act, shall be summoned by the sheriff, and a majority of them shall be present to act on such application.

11. The sheriffs and clerks shall be allowed for all services required in this act to be performed by them, the fees allowed in similar cases, to be paid by the person for whom the services shall be rendered.

12. This act shall commence and be in force from and after the passing thereof.

Ya) See Rev. Code, vol. 1, ch. 116, pa. 227.

1.

CHAP. CVI.

An Act to empower the Executive to appoint persons to collect the

Arrears of Taxes.

[Passed January 19, 1807.]

1806.

BE it enacted by the General Assembly, That it shall be law- Excepive to ap ful for the governor, and he is hereby authorised and re- collect arrears of point persons to quired, by and with the advice of council, to appoint a fit and dis- taxes. creet person, either in the brigade districts, or they may appoint one or more in each district for the superior courts of chancery, as may be deemed most eligible, whose duty it shall be to collect all arrears of taxes due this commonwealth prior to the first day of November, one thousand eight hundred and two.

2. Every agent appointed as aforesaid, shall, before he enters up- Agents to give. on the duties required by this act, give bond and sufficient securi- bond, &c. ty, to be approved by the executive, conditioned for the faithful performance of the duties required by this act.

3. All executions on judgments obtained in behalf of the com- Auditor to send monwealth for the aforesaid arrearages, shall be sent by the audi- executions on tor to the agent of the proper district, noting on each the cause of behalf of comsuch arrears, and all matters pertinent thereto.

4. And it shall moreover be the duty of the auditor to transmit to such agent information of all debts due the commonwealth on account of any of the aforesaid taxes within his district, for which judgments have not been rendered; and such agent is hereby empowered and directed to use the most effectual means for the recovery of such debts.

monwealth to such agents. Auditor to giv

information of debts.

5. And be it further enacted, That it shall be the duty of every Duties of agents. such agent to superintend the execution of all original and mesne process in his district, against any public defaulter and his security or securities, his, her, or their heirs, executors or administrators, and transmit the same from time to time to the auditor of public

accounts.

executive.

6. And be it further enacted, That it shall be the duty of every a- To render ac gent appointed by virtue of this act, to render an account of all his count of his proceedings to the executive once in every year, and moreover to proceedings to pay into the treasury all monies received by him, on account of the Penalty for neg public, on or before the first of January annually. Every agent lect of duty. failing herein shall be dismissed from office; and he, his security, or securities, his, her, or their executors, or administrators, shall also be liable by motion in the general court, on ten days previous notice, for all sums of money by him received, with interest at the rate of fifteen per centum per annum from the time the same came into his hands: Provided, That no agent shall be dismissed from office for failing to pay any money pursuant to the provisions of this act, where the same shall not have been in his hands more than one month.

government of

7. And be it further enacted, That the executive shall be and Executive to a they are hereby authorised from time to time to adopt such rules dopt rules for and regulations for the government of such agents, or any one of such agents. them, as, in their opinion, will most effectually tend to ensure the collection of the taxes herein before mentioned, or any part thereof; and such agent or agents shall govern themselves accordingly.

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