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Surry, Tazewell, Warwick, Wood, Westmoreland, York, Lancaster, and the cities and boroughs of Richmond, Williamsburg, Petersburg, Fredericksburg, Winchester, Staunton and the borough of Norfolk, shall compose the third class, and the courts of the said counties, cities and boroughs, may appoint one commissioner of the revenue therein.
2. Each commissioner shall receive for an alienation, fifty cents : and for an alteration, except made to correct an error of a commissioner, fifty cents.
commencement. 3. This act shall commence and be in force from and after the
office judgments, interest on, how to be calculated.
Interest on cer. tain judgments, how to be fixed.
[Ante ch. 29.]
An Act to reform the Practice of the District, County and Corporation Coarts in certain cases.
[Passed January 29, 1805.]
1. Bo it enacted by the General Assembly, That when any final judgment shall be entered up in the office of any court in this commonwealth, against any defendant or defendants, and their securities, or against any defendant or defendants, and sheriff, or other officer, by default, in any action of debt founded on a single bill, promissory note, or other writing signed by the party, for the payment of money or tobacco, it shall be the duty of the clerk to issue execution thereon, as well for interest until paid, from the time the said bill, promissory note, or other writing as aforesaid, was payable, as for the principal sum and costs, unless the said judgment shall have been set aside in the same manner as other of fice judgments may now be set aside,
2. And be it further enacted, That nothing contained in the fifth section of the act, intituled, “An act concerning proceedings in chancery and other purposes,” shall be so construed as to allow interest on costs, or compound interest in any case whatsoever; and that hereafter, in all actions founded on contracts, the jury shall ascertain the principal sum due, and fix the period at which interest shall commence (if interest be allowed by them) and judgment shall be rendered accordingly, carrying on the interest till the judgment shall be satisfied.
Costs of motice in 3. And be it further enacted, That in all cases where the district
district & chan
Clerk may send process out of
courts of common law and chancery are authorized to render judgments or award executions upon motions, wherein the plaintiff or plaintiffs shall prevail, fifty cents shall be taxed in the bill of costs for each notice proved to have been delivered ; and it shall be the duty of the sheriffs, and other officers, when required, to give notices of such motions.”
4. And be it further enacted, That whenever an injunction shall
#... be obtained in any county or corporation court, to stay proceedings at
law upon a judgment of such court, or a bill exhibited to foreclose the equity of redemption in mortgaged premises, (which is hereby declared to be sustainable in the court of the county or corporation where the land lies, notwithstanding the defendant or defendants,
* See Revised Code, vol. 1, ch. 270, pa. 405, same fee for notices in county and Corporation courts.
or any of them, may reside out of such county or corporation) it shall and may be lawful for the clerk thereof to issue any legal process against such defendant or defendants, as do not reside within the said county or corporation, directed to the sheriff or sergeant of aty county or corporation within this commonwealth, upon whose
return the same proceedings shall be had, as if the process had been terved by the proper officer of the county or corporation, in which
the suit may be depending. *
- CHAP. LVIII. &n Act to amend an Act, entituled, “An Act, reducing into one the several Acts for the Inspection of Tobacco.”
[Passed January 30, 1805.].
1. E it enacted, That whensoever hereafter a hogshead of tobacco shall be refused at any warehouse, the owner thereof may have it picked as at present or dispose of it at pleasure.
2. And be it further enacted, That whosoever shall ship, or otherwise send out of the state, one or more hogsheads of refused tobacco, shall forfeit and pay for every such hogshead, four hundred dollars, recoverable in any court of record in this state, one half to the informer, and the other half for the use of the commonwealth. - - - -
3. This act shall be in force after the first of April next.
An Act making Compensation to Witnesses attending on the part of
the Commonwealth in Čivil Cases, and for other purposes.
1. Bo it enacted by the General Assembly, That every person
summoned and attending as a witness on behalf of the commonwealth, before any court, in a civil case therein depending, shall be entitled to the same compensation for his or her attendance, as is allowed by law to witnesses attending such courts on behalf of individuals in like cases; and on a certificate of such attendance, under the hand of the clerk of the court wherein the same was entered, being produced to, and filed with, the auditor of public accounts, he shall issue his warrant for the amount thereof, payable out of the public treasury. And in every civil case where the commonwealth shall prevail, all costs which it is liable to pay, shall be taxed in the bill of costs, and recovered in like manner as is provided in the case of individuals.
2. Constables shall be allowed for arrests in criminal cases and summoning witnesses, the same fees as are allowed the sheriff in civil cases for the like services; and constables and guards employed in conveying prisoners to the county jail, shall have the same al
* See ante ch. 37 and the notes subjoined.—Further regulations concerning refused tobacco, post. sh. 73, sec. 4.
lowances as are made to sheriffs and guards removing prisoners to the penitentiary ; which fees and allowances shall be paid out of the public treasury.
CHAP. LX. , ; } An Act further to amend the Act, entituled, “An Act to reduce into
one the several Acts concerning Slaves, Free Negroes and Mulattoes.”% -
[Passed January 31, 1805.]
Penalty for car. 1. E it enacted by the General Assembly, That whosoever here
rying slayes off.
after shall carry or cause to be carried any slave or slaves out of this commonwealth, or who shall carry or cause to be carried any slave or slaves out of any county or corporation within this
commonwealth, into any other county or corporation within the
same, without the consent of the owner or owners of such slave or slaves, or of the guardian of such owner or owners (if he, she or they, be a minor or minors) and with intention to defraud or deprive such owner or owners of such slave or slaves, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than one hundred, nor more than five hundred dollars, and shall also be imprisoned in the jail or penitentiary house, for a period not less than two, nor more than four years; which fine and imprisonment shall be fixed and ascertained by a jury. And the person offending herein shall moreover be subjected to pay to the owner or owners of the slave or slaves carried away as aforesaid, double the value of such slave or slaves, together with double the amount of all costs and expenses by him, her or them incurred in regaining or attempting to regain such slave or slaves, to be recovered by an action on the case in any court of record in this commonwealth, having original jurisdiction over such actions.
Mail may be re-In all actions instituted for the recovery of the penalty imposed
quired as of right.
Construction of this act.
by this act, bail may be required of the defendant or defendants as of right.
2. And as doubts may arise as to what shall be considered a carrying away or removal, within the meaning of this act, Be it further enacted, That not only all those who shall willingly and designedly carry away slaves as aforesaid, but all masters of vessels, who, having a slave or slaves on board their said vessels, shall sail beyond the limits of any county, with such slave or slaves on board, shall be considered as carrying off or removing such slave or slaves, within the true intent and meaning of this act. And any person travelling by land, who shall give countenance, protection, or assistance to such slave or slaves, for the purpose of preventing him, her, or them, from being stopped or apprehended, shall also be considered as carrying off or removing such slave or slaves, within the true intent and meaning of this act.
Penalty on mas- 3. Be it further enacted, That any master or skipper of a vessel,
ters of vessels for allowing slaves to come on
who shall permit any slave to come on board his vessel without. leave or consent of his master, overseer, or owner, or shall buy, re
board their ves. ceive of or from a slave, any commodity whatsoever, without the sels in certain leave or consent of the master, owner, or overseer, as aforesaid,
i. *; Revised Code vol.1, ch. 103, pa. 186, and notes subjeined ; also post.
#all forfeit and pay for every such offence, in addition to the pe- 1804. malties now imposed by law, the sum of two hundred dollars ; one \-ythird thereof, shall go to the master or owner of such slave, one o oo:: third to the informer, and one third to the overseers of the poor for 4 33.j' . 399, Pthe use of the poor.
4. In any action which shall be brought against the master or skipper of any ship or vessel, in pursuance of this act, the defendant may be held to bail.
s. And to it further nacted. That it shall not be lawful for the ...". overseers of the poor who may hereafter bind out any black or mu- ... ...d. latto orphan, to require the master or mistress to teach such or- writing or arith
phan reading, writing or arithmetic. nactic.
6. All acts, and parts of acts, coming within the purview of this : possing' act, shall be, and the same are hereby repealed. clatuse. .
7. This act shall commence and be in force from and after the Commencement. passing thereof. -
Defendant may be held to bail.
An Act to explain and amend the Act, entituled, “An Act reducing into one the several acts concerning the Fees of certain Offcers, and declaring the mode of discharging the said Fees and County Le
1. E it enacted, That the clerks of the several courts of com- Fees allowed.
mon law and in chancery within this commonwealth, shall, for entering any rule in any cause at law or in chancery upon their rule docket, whereby one party shall require the other to file a declaration, plea, replication, rejoinder or other pleading, or for entering a common order, or a confirmation thereof, or filing any of the aforesaid pleadings at law, a bill, answer, replication, or other proceeding in chancery, the same fees as heretofore ; but no clerk shall be entitled to any fee for continuing a cause or rule upon his rule docket : But it shall be the duty of the clerk to continue the cause or rule monthly, when the same shall be necessary, upon the rule docket ; and for all which continuances, he shall be entitled to twenty-five cents quarterly, in lieu of all fees heretofore allowed for continuances, and no more.
' 2. Separate and distinct rule and court dockets shall be kept for Clerks to keep chancery causes in the county and corporation courts. separate dock
3. It shall not be lawful for any clerk to place any fee bill in the clerk to charge hands of any sheriff, or demand or receive any see, for a copy of a- no fee for copies ny writ, declaration, bill, or other pleading, or proceeding; or for "**** a copy of any judgment or decree, or of costs, in any cause, unless such copy hath been actually made out at the request of the party, his agent or attorney, nor shall any clerk place any fee bill in the hands of any sheriff, or demand or receive any fee, for making up a complete record in any cause, wherein it shall be necessary, until he shall actually have made up such record : Provided, That Proviso. nothing herein contained shall be so construed as to prevent witnesses from obtaining copies of orders for their attendance, or to
prevent clerks from taxing in the bill of costs, or execution, to be . recovered by the successful party, the fee for making up records as .
heretofore ; nor shall this act extend to copies of records necessa- .
ry in cases of appeal, writ of error or supersedeas.
Extortion, what 4. If any clerk of a court shall hereafter knowingly and fraudulent
ly charge demand, exact or take more for any business by him done, than is allowed by law, or shall knowingly and fraudulently, charge, demand, exact or take, any fee for business not actually done, every clerk so offending, shall be held guilty of extortion, and on conviction thereof in the general court, by indictment or information, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever.
Lawyers may in- 5. The lawyers practising in any court, shall be allowed, at all
In what cases clerks to make
Allowance to jailors.
times freely to inspect the papers and records of such court, without being constrained to take copies thereof. In future it shall not be the duty of the clerk of any court within this commonwealth, to
make up a complete record in any cause therein decided, except in up complete re- those cases, where the title, or bounds of land shall be determined,
and, in the case of appeal, writ of error or supersedeas.
6. And be it further enacted, That an annual allowance not exceeding twenty-five dollars per annum, shall be allowed by each county and corporation court, for the public services of their jailor; which sum shall be levied by the said courts at laying their respective levies.
jailor's sees how 7. And whereas, much injustice hath been done, by delay in re
covering the fees due to jailors, Be it enacted, That it shall be lawful for any jailor to demand, at the end of every three months, of the creditor at whose suit the debtor is in custody, or his agent, where by law the creditor is now liable, the amount of his account for maintenance of such debtor; and in case such creditor shall fail to make immediate payment thereof, it shall be lawful for such jailor, upon giving ten days notice to such creditor, or his agent, to recover by motion to his district, county or corporation court, the amount thereof; and the clerk of the court before whom such judgment shall be had, shall endorse upon any execution issued thereon, that no security is to be taken, and if the sheriff, or other officer, shall make return on two several executions that he cannot make the amount therein mentioned, it shall and may be lawful for such jailor to discharge such debtor out of his custody . But nothing in
this, or any other act, is to be construed so as to compel any credi
tor to pay for the maintenance of his debtor, or the jailor to support him, when such debtor hath taken the benefit of the prison bounds.
commencement. 8. This act shall commence and be in force from the first day of
F. it enacted by the General Assembly, That from and after the commencement of this act, the fees of the register of
* Sec Revised Code, yol. 1, ch. 86, Pa. 141, and notes subjoined.