CHAP. LXXVIII. 1801 Company shall not lessen the rates of toll. the payment of the said tenth part of the said net profits, at or before the respective times herein before limited and appointed, then all the estate hereby granted to the said Chesapeake and Delaware canal company, in the lands and tenements which may be purchased or condemned as aforesaid, shall cease and determine, and all and every the said lands and tenements shall revert to their former owner or owners thereof, or their heirs, and the benefit of taking tolls granted by this act, shall cease and determine. SECT. 18. Provided nevertheless, and be it enacted, That it shall not be lawful for the said Chesapeake and Delaware canal company, to lessen the Repealed, 4 vol. rates of tolls fixed by this act, without the assent of the legislature of the State of Delaware. 348. The Corporation not complying with the terms contained in this act, shall be dissolved. 348. SECT. 19. And be it enacted, That it is on the condition of the Chesapeake and Delaware canal company, making the payments and complying with the terms mentioned in the seventeenth and eighteenth sections of this act, that this present Repealed, 4 vol. act of incorporation is passed, and in case the same and every part thereof shall not be complied with by the Chesapeake and Delaware canal company aforesaid, according to the true intent and meaning thereof, the authority, estate, right, privileges and tolls, hereby given to them, shall cease and determine, and the said corporation shall ipso facto be dissolved, and this act be repealed, any thing herein contained to the contrary in any wise notwithstanding. Books of the company shall be open to the inspection SECT. 20. And be it enacted, That the books, papers and transactions of the said Chesapeake and Delaware canal company, shall at all times be open to the inspection and examination of the auditor of accounts, or such other person or per- of the auditor. sons as shall be appointed by the general assembly of this State for that purpose, in order that the net Repealed, 4 vol. profits arising from the said tolls may be ascertained and reported to the general assembly. of 348. This act to be the State of of no effect until laws. SECT. 21. And be it enacted, That this act general assembly shall be of no force or effect until the State of Pennsylvania shall pass a law to au- Pennsylvania thorize and empower an agent or agents to be appass certain pointed by the governor of this State, to have free access to the papers in their land office, and to transcribe and copy, or procure to be transcribed and copied under his or their care and direction, in one or more well bound books, in folio, all such warrants, surveys, resurveys, patents, grants and other original papers, as may be found in the land office, or in any other office of the State of Pennsylvania, which in any wise relate to, or make the title or part of the title to lands, tenements or hereditaments, within this State, and which cannot be removed without injuring or spoiling the records or other papers in the said office or offices, [and also until such transcripts and copies shall be actually made and compared with such warrants, surveys, resurveys, patents, grants and other original papers by such agent or agents as aforesaid, and be brought into this State by the said agent or agents for the use of the citizens of the State, and also until all such original warrants, surveys, resurveys, patents, grants and other papers which can be taken and separated from other records and papers in said land office or other offices of the State of Pennsylvania, shall be first selected by and delivered whole and undefaced as they now remain, to such agent or agents, and he or they be allowed to bring the same into this State, and to be kept here for the use of the citizens of the State;] [So much of this tween crotch. Sec. as is be ets, repealed 3 vol. 248.] СНАР. 1801. and as soon as the said transcripts and copies, and original warrants, surveys, resurveys, patents, grants, and other original papers, shall be so procured and brought into this State, the governor is hereby directed and required to give public notice thereof by proclamation, from the date whereof this act shall have operation, and be in full force and effect, and not before, upon the terms and conditions mentioned in this act. SECT. 22. And whereas it is the opinion of this Legislature, that the ports of Wilmington and NewCastle in this State, have been materially affected by the operation and effect of certain provisions and regulations contained in the quarantine laws of the Commonwealth of Pennsylvania, it is hereby expressly provided, and be it enacted, that this law shall be of no force or effect whatsoever, until the Legislature of the Commonwealth of Pennsylvania shall repeal such part or parts of their quarantine laws, as do require a longer term or time, for the admission into the port of Philadelphia, of goods, wares and merchandizes, which have been unladen within this State from on board any ship or vessel coming from any sickly port or place into this State, or which may have been originally bound for Philadelphia, or elsewhere, or for the admission into the city of Philadelphia, of the crew or passengers of such ship or vessel, than is required by the same laws for the admission into the said port of Philadelphia, of goods, wares and merchandizes, unladen within the Commonwealth of Pennsylvania, from on board any ship or vessel coming from any sickly port or place into the Commonwealth of Pennsylvania, or of the crew or passengers. Passed at Dover, January 29, 1801. CHAP. LXXIX. A Supplement to an act, entitled, "An act for regulating and establishing fees," and for other purposes. СНАР. LXXIX. 1801 E it enacted by the Senate and Bill of costs to be entered at SECTION 1. State of Delaware, in General Assembly met, That dockets. from and after the passing of this act, every clerk, prothonotary, or register, shall on every non-suit, discontinuance, abatement, or retraxit, decree, judgment, or other final order, or sentence, of every suit, action, bill, or indictment, enter on the docket of the courts they respectively officiate in, a bill of all the costs, specifying therein each officers, several fees, each particular article and the charge for it; and the Sheriff shall on all process, directed to him, return thereon his several fees on such process, specifying the particular articles and charges thereon, and in case of neglect to enter and return the fees as aforesaid, such officer so neglecting shall forfeit and pay thirty Penalty for ne dollars for each offence, to be recovered as is di- glect. rected by the act to which this is a supplement. And for every such bill of costs, the said clerk or prothonotary shall be entitled to twenty-five cents, to be charged to the party against whom the same is properly chargeable; and for advertising the trial of causes, the clerk or prothonotary shall be entitled to eight cents for each cause, and for entering a judgment or a justice's transcript, to sixty BHouse of Representatives of the larger the seven cents. Clerks fees. courts. SECT. 2. And be it further enacted, That it shall Duty of the be the duty of the respective courts in this State, and they are hereby required and enjoined to tax all bills of costs upon application made to them СНАР. w at any time by the party or parties concerned, or his, her or their agent or attorney, and to ascertain and make out the true costs, and to cause the entries on their respective dockets, if erroneous, to be corrected, so that no other than the costs allowed by law may be recovered. SECT. 3. And be it enacted, That whenever any Sheriff's duty. Sheriff, or person who hath held the office of Sheriff, shall levy or receive by means of sale, or in any other manner whatever, any debt, damages or costs contained in any writ of execution, or any part thereof, or shall by any means whatever procure a settlement of any such debt, damages or costs, or any part thereof, the said Sheriff, or person who hath held the office of Sheriff, his executor or administrator, shall within thirty days after levying, receiving or settling any such debt, damages or costs, or part thereof, appear in the office of clerk of the Supreme court, or prothonotary, as the case may be, and endorse upon every such execution, if the same hath been returned, such sum or sums of money so levied, received or settled, and the dates thereof; and if the said execution hath not been previously returned, then the return of such execution shall contain and specify the levying, receiving or settling such sum or sums of money as hath or have been levied, received or settled as aforesaid, and the dates thereof; and the said clerk or prothonotary shall enter on his docket the said endorsement and return, and whenever it shall appear by such endorsement or return, that the said execution hath been fully satisfied, the said clerk or prothonotary shall note the same on the original judgment, upon which such execution hath issued; and if any Sheriff, clerk or prothonotary, shall neglect or refuse to do and perform the several things Clerk and pro. thonotary's duty. |