revalued in cer tain cases. officer or person who impressed the property shall so certify: Upon the owner producing such appraisement and such certificate, the auditor of public accounts is hereby authorized and required to issue a warrant for the amount of the appraisement, on the treasurer, who is directed to pay the same out of any monies in the Property may be treasury. Should the property impressed as aforesaid be restored to the owner; and he should conceive it had been injured in the service of the commonwealth, he may, within five days thereafter, call on the same persons who first valued the said property if to be found, who shall be sworn to determine the value of such property at the time the same was restored to the owner, otherwise any justice in the county where the property was impressed, may cause two housekeepers to value the same upon oath as aforesaid. The justice or justices, as the case may be, shall certify to the auditor of public accounts such first and second valuation, with their true date and the time such property has been restored; who shall, if the second valuation amount to a less sum than the first, issue a warrant for the difference, to be paid out of any money in the treasury: Provided nevertheless, That in all second valuations, the hire of such property shall be taken into consideration by the appraisers. 2. And be it further enacted, That if it shall appear that such property has been injured by the officer or person who impressed it, or any other person, whereby the commonwealth has sustained an injury, it shall and may be lawful for any attorney prosecuting on behalf of this commonwealth, where such person resides, to recover the said damages, upon motion, before any court of record within the commonwealth, ten days notice thereof having been previously given: But such person may, if required, have such motion tried by a jury, provided he will not delay the trial. Proviso. When property is injured, common wealth may have remedy against persons injuring. Commencement. Fine on witness failing to attend before single magistrate. Commencement. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 17.-An ACT to amend the act, entitled, "An act to compel the attendance of witnesses before a single justice of the peace.' (Passed January 9, 1807.) 1. Be it enacted by the general assembly, That when any person who shall be summoned as a witness to attend before any magistrate of a county or corporation within this commonwealth, to give evidence in any matter depending before such magistrate, shall fail to attend accordingly, not having a reasonable excuse for such failure, such witness shall be fined by the magistrate before whom he shall fail to attend, in such sum as the magistrate shall think fit to impose, not exceeding five dollars, to the use of the party for whom such witness was summoned, and shall moreover be liable for damages in the manner now prescribed by law: Provided, however, That the witness failing to attend as aforesaid, may, for good cause shewn, be excused as heretofore. 2. This act shall be in force from and after the first day of June next. CHAP. 18.-An ACT to amend and explain an act, entitled, "An act to reduce into one all acts and parts of acts relating to the appointment and duties of sheriffs." (Passed January 10, 1807.) commission, ex 1. Be it enacted by the general assembly, That in all cases where Person first nomithe person first nominated in the commission to the office of sheriff nated as sheriff failing to give of any county, shall fail to give bond in two months after his ap- bond, or apply for pointment, as the law directs, and a certificate of such failure shall ecutive to comhave been transmitted by the clerk of such county to the governor mission some other without good or chief magistrate for the time being; or where the person first cause shewn. nominated to the said office of sheriff shall fail to make application to the governor or chief magistrate for a commission, within one month after such nomination, the governor, with the advice of council, is hereby authorized and required to issue a commission to some other person nominated by the court, unless good cause be shewn to the contrary, which commission, to all intents and purposes, shall supersede and annul the former commission; and if the person thereafter commissioned or nominated as aforesaid, shall be guilty of the like neglect, the governor, with the advice of the council, is hereby authorized and required, in either case, to commission any other person or persons nominated by the court, unless good cause be shewn to the contrary, which last commission shall in like manner supersede the former. of sheriff or sergeant, coroner to 2. And if hereafter there shall be a vacancy in the office of she- Vacancy in office riff or sergeant in any county or corporation within this commonwealth, the coroner or coroners of such county or corporation shall act. execute, do, and perform all the duties which appertain to the office of sheriff or sergeant, except such as relate to the collection of the public revenue, levies, fines, forfeitures, amercements and officers' fees. And, in case of any neglect or breach of his or their duty, such coroner or coroners shall be subject to the same pains, penalties, forfeitures and damages, and to the same proceedings, judgment and execution, as sheriffs or sergeants are subject to in like cases. certain dues. appoint collector. 3. And be it enacted, That it shall and may be lawful for all de- High sheriff dying, puty sheriffs to collect and make distress for any levies, fines, for- deputy may collect feitures or amerçements, which may be due at the time of the death of their high sheriffs; and also, to collect and make distress for all officers' fees which may have been received by such high sheriff, or any of his deputies to collect, and which may remain due at the time of the death of such high sheriff; and such deputy shall be accountable for such levies, fines, forfeitures, amercements and fees, in like manner as if the sheriff had lived. It shall be lawful for the Sheriff and deputy county courts within this commonwealth to qualify any person or dying, county to persons for the purpose of completing the collection of levies, fines, forfeitures, amercements and officers' fees, in any county where the sheriff and his deputy shall die before such collection shall be completed. And the person or persons so appointed, after having given bond and security to the executors or administrators of such sheriff, to be approved of by the court, for the faithful performance of the duties of the office, shall have the same power, in all respects, for collecting such levies, fines, forfeitures, amercements and fees, as the high sheriff would have had; but the acting executors or administrators of such high sheriff, if any there be at the time of such appointment, shall be summoned by order of court to shew cause, Remedy against securities of sheriffs, &c. Repealing clause. Commencement. Bond to be taken of constables. County to be laid for constables. if any they can, against the person whom the said court shall nominate. The person or persons so appointed shall, in all respects, be subject to the same penalties for any neglect of duty, or failing to account for and pay to the person or persons authorized to receive the money by him or them so collected, and may be proceeded against by such executors or administrators in the same manner as deputy sheriffs are liable to, and may be proceeded against by their principals. 4. And be it further enacted, That the same remedy is hereby given against the securities and representatives of sheriffs, sergeants and coroners, as is given against the sheriff, officer, or under sheriff, or securities of such under sheriff, by the fifty-first section of the act, entitled, "An act for further continuing and amending the act, entitled, 'An act reducing into one the several acts concerning executions, and for the relief of insolvent debtors.'" 5. All acts and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed. 6. This act shall commence and be in force from and after the passing thereof. CHAP. 19.-An ACT to amend the act concerning constables. [Passed January 10, 1807.] 1. Be it enacted by the general assembly, That every constable hereafter to be appointed by a county or corporation court, shall enter into bond in such penalty, not being less than five hundred dollars, nor more than fifteen hundred dollars, as such court in their discretion shall direct, and in the manner and form now prescribed by law. 2. And be it further enacted, That the several county courts off into districts within this commonwealth shall, from time to time, when they appoint constables under the act concerning constables, lay off their respective counties into so many districts as they may deem convenient, and assign one or more constables to each. And it shall be the duty of every constable to confine himself in the service of warrants and executions to the limits of his district, and return all warPenalty on consta- rants to some place within his district. And every constable who shall execute any warrant, or levy any execution contrary to the provisions of this act, shall forfeit and pay the sum of five dollars for every offence, to be recovered against such constable and his security or securities, his, her or their executors or administrators, before the court of the county wherein such constable was appointed, by motion, on ten days previous notice. bles for misconduct. Penalty for demanding higher than legal fees. Commencement. 3. And be it further enacted, That every constable who shall demand and receive any fee or compensation, when by law he is not entitled to any, or shall demand and receive more than is allowed by law, shall forfeit and pay to the party injured three dollars for every offence; and shall moreover be liable to double the sum so improperly received, to be recovered on motion in the court of the county where such constable has been appointed, against him and his security or securities, his, her or their executors or administrators, by motion, on ten days previous notice. 4. This act shall be in force from the passing thereof. CHAP. 20.-An ACT to amend the act, entitled, "An act to reduce into one the several acts concerning mills, mill dams and other obstructions of water courses. (Passed January 12, 1807.) 1. Be it enacted by the general assembly, That where any per- Regulations, &c. son owning lands on one side of a water course, the middle of the bed whereof shall be the dividing line between the lands of himself and any other person or persons, shall desire to build a water grist mill or other machine or engine useful to the public, on his said land, and to erect a dam across the same for working such mill, machine or engine, and shall not himself have the fee simple property in the lands on the opposite side of such water course, against which he would abut his dam, he shall make application for a writ of ad quod damnum, to the court of the county wherein the lands proposed for the abutment are, having given ten days previous notice to the proprietor thereof, if he be to be found in the county, and if not, then to his agent therein, if any he hath; whereupon such proceedings shall or may be had, as would have been authorized or required by law, in case the whole bed of such water course, at the time of the said application, belonged to the person desiring to build such mill, machine or engine, or to the commonwealth. millers. 2. And be it further enacted, That the ninth section of the act Restrictions on to which this is an amendment, with the proviso thereto, shall be, and the same is hereby repealed. And all millers shall well and sufficiently grind the grain brought to their mills for the usual consumption of the persons bringing the same, and their families, and in due turn as the same shall be brought; and may take for the toll one eighth part and no more of all grain of which the remaining part shall be ground into meal, and one sixteenth part and no more of all grain of which the remaining part shall be ground into hominy or malt. And every miller, or occupier of a mill, who shall not well and sufficiently grind as aforesaid, or not in due time as the same shall be brought, or take, or exact more toll, shall, for every such offence, forfeit and pay two dollars and fifty cents to the party injured, recoverable with costs, before any justice of peace of the county where such offence shall be committed. And where the miller shall be an indented servant, or slave, he shall, upon the first conviction for such offence, receive ten lashes; and upon a second conviction, twenty lashes on his or her bare back well laid on in lieu of the forfeiture aforesaid; but, upon a third conviction, the master of such servant or slave, or his overseer, or agent, shall be liable to pay two dollars and fifty cents; and so for every such offence by such servant or slave afterwards committed: Provided, Proviso. That every owner or occupier of a mill shall have a right at any time to grind his or her own grain for the consumption of his or her family And provided also, That no miller shall be obliged to run more than one pair of stones for the purpose of grinding grain brought to his mill for the consumption of the persons bringing the same and their families. 3. This act shall be in force from the passing thereof. 38 Commencement. Regulations as to abatement of suits. As to conduct of executors and ad ministrators. Proviso. Repealing clause. Commencement. CHAP. 21.-An ACT concerning the abatement of suits, and executors and administrators. [Passed January 13, 1807.] 1. Be it enacted by the general assembly, That where any action at law or suit in equity is now, or shall be depending in any court of this commonwealth, and either of the parties shall die before final judgment or decree be had, such action or suit shall not abate, if the same were originally maintainable by, or against, an executor or administrator; but the plaintiff, or if he be dead, his executor or administrator, shall and may have a scire facias against the defendant, or if he be dead, then against his executor or administrator, to shew cause generally why such action or suit should not be proceeded in to a final judgment or decree; and if such executor or administrator, upon the return of a scire facias executed, shall neglect or refuse to enter his or her appearance to the suit, the court may proceed to a final judgment or decree therein, in the same manner as if such executor or administrator had entered his or her appearance. And if the executor or administrator shall appear to the suit, upon the return of such scire facias executed, or if, without a scire facias, he or she shall voluntarily enter himself or herself defendant to such suit, then, and in either case, such executor or administrator shall have liberty to plead de novo to the plaintiff's action, every such plea or pleas as an executor or administrator may lawfully plead; or as the deceased party might, or could have pleaded, if he or she had lived. And if such executor or administrator should not desire to plead de novo, or if no issue shall have been joined, or pleadings entered before the death of his or her testator or intestate, or if any interlocutory judgment or decree shall have been entered in the lifetime of the deceased party, and the executor or administrator shall refuse to plead, or shall not desire to set aside the interlocutory judgment or decree, the court shall proceed to a final judgment or decree for or against the executor or administrator, in the same manner as if the original writ had been issued against him or her as an executor or administrator, and the cause shall remain in its place on the issue or appearance docket, as the case may be; but the defendant, being an executor or administrator, shall be entitled to a continuance until the next term after that to which a scire facias shall have been returned executed, or at which he or she shall have voluntarily entered himself or herself a defendant: Provided, That no executor or administrator shall be liable to answer any debt or damages, out of his or her own estate, beyond the assets which may have come to his or her hands, in consequence of any false pleading, mispleading or non-pleading, in any action now depending, or which hereafter may be brought or prosecuted against him, her or them, in any court within this commonwealth. But nothing in this act contained shall be so construed as to prevent the court, in which any such suit is tried, from rendering judgment as heretofore, when it shall be found that the defendant hath sufficient assets, or for so much as shall be found to be in his hands. 2. All acts or parts of acts coming within the purview of this act, shall be, and the same are hereby repealed. 3. This act shall commence and be in force from and after the passing thereof. |
