Defendant may be held to bail. Black or mulatto orphan not to be taught reading, 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. 5. And be it further enacted, That it shall not be lawful for the overseers of the poor, who may hereafter bind out any black or muwriting or arith latto orphan, to require the master or mistress to teach such orphan reading, writing or arithmetic. metic. 6. All acts and parts of acts coming within the purview of this act, shall be, and the same are hereby repealed. 7. This act shall commence and be in force from and after the passing thereof. CHAP. 12.-An ACT to amend and explain an act further declaring what shall be deemed unlawful meetings of slaves. (Passed January 4, 1805.) 1. Whereas doubts have arisen in the minds of many of the good citizens of this commonwealth relative to the construction which may be given to the act, entitled, "An act further declaring what shall be deemed unlawful meetings of slaves," whereby they apprehend that their religious rights may be infringed: For the removal whereof, Be it enacted by the general assembly, That nothing in the said act contained shall be so construed as to prevent the masters or owners of slaves from carrying, or permitting his, her or their slave or slaves to go with him, her or them, or with any part of his, her or their white family, to any places whatever for the purpose of religious worship: Provided, That such worship be conducted by a regularly ordained, or licensed, white minister. 2. And be it further enacted, That nothing in the said recited act contained shall be considered as in any manner affecting white persons who may happen to be present at any meeting or assemblage, for the purpose of religious worship, so conducted by a white minister as aforesaid, at which there shall be such a number of slaves as would, as the law has heretofore been construed, constitute an unlawful assembly of slaves. 3. This act shall commence and be in force from and after the passing thereof. CHAP. 13.-An ACT to amend an act, entitled, "An act reducing into one the several acts for the inspection of tobacco." (Passed January 30, 1805.) 1. Be 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. CHAP. 14.-An ACT to explain and amend the act, entitled, "An act reducing into one the several acts concerning the fees of certain officers, and declaring the mode of discharging the said fees and county levies." (Passed January 31, 1805.) 1. Be 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. parate dockets. less made out. fee for copies un 2. Separate and distinct rule and court dockets shall be kept for Clerks to keep sechancery causes in the county and corporation courts. 3. It shall not be lawful for any clerk to place any fee bill in the Clerk to charge no hands of any sheriff, or demand or receive any fee for a copy of any 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 no- Proviso. thing 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 necessary in cases of appeal, writ of error or supersedeas. ed. 4. If any clerk of a court shall hereafter knowingly and fraudu- Extortion, what, and how punishlently, 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. spect papers. 5. The lawyers practising in any court, shall be allowed, at all Lawyers may intimes, 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 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 ex- Allowance to ceeding 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. jailors. Jailors' fees, how recoverable. Commencement. Preamble. Power of courts in regulating bounds of districts 7. And whereas much injustice hath been done, by delay in recovering 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 creditor 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. 8. This act shall commence and be in force from the first day of July next. CHAP. 15.-An ACT to explain and amend the act providing for the poor, and declaring who shall be deemed vagrants. (Passed January 8, 1805.) Whereas doubts exist whether the courts of the several counties within this commonwealth, are authorized to alter or change the districts laid off and established by them in the respective counties for the purpose of choosing therein overseers of the poor, agreeably to the act passed in the year one thousand seven hundred and ninety-two, entitled, "An act providing for the poor and declaring who shall be deemed vagrants :" 1. Be it therefore enacted by the general assembly, That the said courts be, and they are hereby empowered, so often as they shall for choosing over- see cause, to alter or change in such manner as to them shall seem seers of the poor. best, the bounds of any of the said districts, or any others that may be established by them. Power of courts in choosing overseers, when ten electors do not meet. Amount of recog. nizance of a per 2. If from any cause ten of the freeholders and housekeepers within any district which now is, or hereafter may be established, for the purpose aforesaid, should not attend and vote at an election of overseers of the poor for such district, on the day appointed by law for that purpose, no election shall be held therein, but the person appointed to superintend the election in the said district, shall report the truth of the case to the next court to be held for his county, which court shall as soon as possible thereafter, proceed to elect for such district the number of overseers of the poor directed by law to be appointed, who shall continue in office until a new election, and during that term shall have and exercise all the powers and duties which they would have had, and be subject to all the pains and penalties to which they would have been liable, if they had been elected by the freeholders and housekeepers of such district. 3. And be it further enacted, That the recognizance for his apson charged with pearance at court of a person charged before a magistrate with bebeing father of a ing the father of a bastard child, shall be in a sum not less than bastard. fifty, nor more than two hundred dollars, with sufficient security. If any such recognizance shall be forfeited, the recovery thereupon shall be paid to the overseers of the poor for the county or corporation, for the use of the said poor. CHAP. 16.—An ACT to amend the act, entitled, "An act directing the regis tering the names, ages and sexes of slaves in certain cases." (Passed January 11, 1805.) Slaves in certain cases, names, &c. to be registered. 1. Be it enacted by the general assembly, That the act, entitled, "An act directing the registering the names, ages and sexes of slaves in certain cases," shall extend to all cases where any slave or slaves hath been or shall be allotted to any widow for her dower, or hath been or shall be devised to her for life in lieu thereof, or shall or may now be held by any person for his or her life only, or the life of any other person or persons. 2. And be it enacted, That the clerks of the several county and When copy of this corporation. courts within this commonwealth, shall, at the court days of their respective counties and corporations in the months of July and August next, cause a copy of this act to be posted up at the front door of the courthouse thereof. act to be posted at courthouse door. 3. This act shall commence and be in force from and after the Commencement. first day of September next. CHAP. 17.-An ACT concerning the land office. raised. 1. Be it enacted by the general assembly, That from and after Registers' fees the commencement of this act, the fees of the register of the land office, to be paid by him into the public treasury, shall be as follows: For issuing a warrant of survey, and recording the same, where it does not exceed one hundred acres, seventy-five cents; for every fifty acres exceeding that quantity, twenty-five cents; for every warrant issued in exchange for another warrant, or where lands claimed under a former warrant, shall be recovered on a caveat, and recording the same, one dollar; for receiving a plat and certificate, and giving a receipt for the same, twenty-five cents; for issuing and recording a grant thereupon, if the quantity therein contained exceed not one hundred acres, one dollar and seventyeight cents; for every fifty acres exceeding that quantity, if there are not more than ten courses, ten cents; for every course above ten, six cents; for recording a plat and certificate of survey, if the quantity does not exceed one hundred acres, and there be no assignment thereon, and has not more than ten courses, fifty cents; and for every additional course, over ten courses, three cents; for every assignment thereon, or accompanying the same, ten cents; for entering a caveat, or for a copy thereof, seventy-five cents; for a copy of a grant of a patent of land, or for any other copy where the fee is not fixed by law, for every thirty words, exclusive of the search, two cents; for a search for any thing, and reading the same, if within the time of ten years, to be mentioned by the applicant, twelve and half cents; for every ten years more than the first, twelve and half cents; for every title paper recited in any inclusive survey, ten cents: Provided, That all persons who have Proviso. heretofore located lands, shall be at liberty to return their plats and certificates of survey, and to obtain grants for the same, upon payment of the fees heretofore established. Only two clerks allowed after first October next. Register to be 2. And be it further enacted, That from and after the first day of October next, the register of the land office shall be allowed but two clerks, any law to the contrary notwithstanding. 3. And be it further enacted, That the register of the land ofchosen annually. fice shall hereafter be chosen annually, by joint ballot of both houses of the general assembly: Provided nevertheless, That the present register shall hold his office until the first day of January Repealing clause. Commencement. Penalty on mari ner for leaving vessel. Duty of justice before whom such mariner may be brought. Penalty on ap. vessel without leave. next. 4. So much of any act as comes within the purview of this act, shall be, and the same hereby is repealed. 5. This act shall commence and be in force from and after the passing thereof. CHAP. 18.-An ACT concerning seamen. (Passed January 19, 1805.) 1. Be it enacted by the general assembly, That if any seaman or mariner, not being a citizen of this commonwealth, or of any of the United States, who shall have signed a contract to perform a voyage on board any merchant ship or vessel (either a ship or vessel of the United States, or of any foreign nation whatsoever), shall at any port or place within this commonwealth, desert, or shall absent himself from such ship or vessel, without the leave of the master, or other officer commanding in the absence of the master, it shall be lawful for any justice of the peace of any county or corporation within this commonwealth, upon the complaint of the master of such ship or vessel, or other officer commanding in the absence of the master, to issue his warrant to apprehend such seaman or mariner, and bring him before such justice; and if it shall appear by due proof that such seaman or mariner has signed a contract as aforesaid, and that the voyage agreed for is not finished, altered, or the contract otherwise dissolved, and that the seaman or mariner has deserted the ship or vessel, or absented himself without leave, the said justice shall commit him to the jail of his county or corporation, there to remain until such ship or vessel shall be ready to proceed on her voyage, or till the master, or other officer commanding in the absence of the master, shall require his discharge, and then to be delivered to such master or other officer commanding in the absence of the master, he paying all the cost of such commitment. 2. That if any apprentice who shall have been regularly bound prentice leaving by deed to the master or owner of any ship or vessel as aforesaid, for any term of years, for the purpose of being taught the art, trade or mystery of a seaman or mariner, shall, at any port or place within this commonwealth, desert or absent himself from the ship or vessel, on board of which he hath been placed by his said master, without the leave of the master of such ship or vessel, or other officer commanding in the absence of the master, it shall be lawful for any justice of the peace of any county or corporation within this commonwealth, upon the complaint of the master, or other officer commanding in the absence of the master, to cause such apprentice to be apprehended and dealt with in the same manner herein before stated, if such justice shall be satisfied by due proof, that such apprentice hath been regularly bound by deed to the master or owner of such ship or vessel, and that the said deed is then in full force. |
