Act of 1745, concerning officers' fees revived and continued. counted for. CHAP. LII. An act for further continuing the act intituled An act for the better regulating and collecting certain officers fees and for other purposes therein mentioned. [Passed January 3, 1788.] 1. WHEREAS the act of assembly passed in the year one thousand seven hundred and forty five intituled An act for the better regulating and collecting certain officers fees and other purposes therein mentioned, which has been continued by several subsequent acts, will shortly expire, and it is expedient that the same should be further continued: Be it therefore enacted by the General Assembly, That the act intituled "An act for the better regulating and collecting certain officers fees and other purposes therein mentioned," shall be continued from and after the passing of this act, for and during the term of three years, and from thence to the end of the next session of assembly, except so much thereof as relates to the delivery, collecting, and recovery of the fees, formerly payable to the secretary and surveyors. 11. And be it further enacted, That the surveyor of Surveyors' fees, how col- every county within this commonwealth, may deliver lected ad ac or cause to be delivered to the sheriff of every county respectively, his account of fees now due, or hereafter to become due, from any person or persons residing therein, which account shall be signed by the surveyor.. And the sheriffs are hereby required and empowered to receive such accounts, and to collect, levy, and receive the several quantities of tobacco therein charged, in money, at the rate prescribed by law, of the persons chargeable therewith. And if such person or persons, after the said fees shall be so demanded, shall refuse or delay until after the tenth day of April, in any year, to pay such of the said fees as shall have been put into the hands of the sheriff before the twentieth day of January preceding, the sheriff of that county wherein such person inhabits, or of the county in which such fees become due, shall have full power and is hereby required to make distress of the slaves, or goods and chattels of the party so refusing or delaying payment, either in that county where such person inhabits, or where the said fees become due: but no action, suit, petition, or warrant from a justice, shall be had or maintained for surveyors fees, unless the sheriff shall return that the person owing or chargeable with such fees, hath not sufficient within his bailiwick whereon to make distress, except where such surveyor shall have lost his fee book by fire or other misfortune, so that he be hindered from putting his fees into the sheriffs hands to collect, and in that case any suit or warrant may be had and maintained for the recovery thereof. And if any sheriff shall be sued for any thing by him done in pursuance of this act, he may plead the general issue and give this act in evidence. The sheriff of every county, shall upon or before the last day of May, in every year, account with the respective surveyors for all fees put into his hands before the twentieth day of January preceding, pursuant to this act, and pay the same, abating six per centum for collecting. And if any sheriff shall refuse to account or pay the whole account of fees, put into his hands, after the deductions aforesaid are made, together with an allowance of what is charged to persons not dwelling or having no visable estate in his county, it shall and may be lawful for the surveyor, upon motion made in the general court or in the supreme court of the district of Kentucky, as the case may be, or in the court of the county, of such sheriff to demand judgment against such sheriff for all fees wherewith he shall be chargeable by virtue of this act; and such court is hereby authorized and required to give judgment accordingly, and to award execution thereupon, provided the sheriff have ten days notice of such motion. III. And be it further enacted, That it shall not be When survey lawful for any county surveyor hereafter, to withhold ors may withfrom any person intitled to demand the same, a plat hold plats. by him demanded, and that every surveyor out of office shall have the same remedy for fees due to him, as is hereby given to the acting surveyors. Provided, That no surveyor shall be obliged to deliver a plat of land to any person or persons not resident within this state, before the fees for the same shall be paid, or such missioners of security given for the payment thereof as to him shall be deemed sufficient. The commissioners of the tax Fees of com in the respective counties shall be in like manner emtax, how col powered to put their tickets of fees into the bands of the respective sheriffs, to be collected in like manner, and subject to the same restrictions and recovery as is herein before provided in the case of surveyors. lected. When clerks to deliver their tickets IV. Aud be it further enacted, That from and after the passing of this act, the clerks of the several county to sheriffs and corporation courts within this commonwealth, shall deliver their tickets to the respective sheriff's annually, before the first day of March, instead of the time directed by the said first recited act, and that the fourth and fifth sections of the said act which respects the fees of the clerk of the superior courts, shall also be revived and continued, and be in force for and during the term of three years, and from thence to the end of the next session of assembly. Production of surveyors' V. And whereas by an act of assembly intituled "An act for establishing a land office and ascertaining books how the terms and manner of granting waste and unapprocompelled. priated lands," it is directed that every county court shall once in every year, and oftener if they see cause, appoint two or more capable persons to examine the books of entries and surveys in possession of their chief surveyor, and to report in what condition and order the same are kept; and on his death or removal, shall have power to take the same into their possession, and deliver them to the succeeding chief surveyor: and there is no means provided to compel any surveyor or other person in whose possession such books may be, to produce or deliver up such books, Be it therefore further enacted, that if any surveyor or other person who may be in possession of any such book of entries or surveys, shall refuse or neglect to produce such book to the persons who by any court may be appointed to examine the same, or to deliver up the same agreeable to the order of such court to any chief surveyor who has succeeded or may succeed any surveyor dead, or removed from office, such surveyor or other person, shall for every such refusal or neglect, forfeit and pay the sum of ten pounds, one half to the use of the county, and the other half to the use of the person suing for the same, to be recovered by action of debt, plaint, or information. CHAP. LIIL An act for opening and extending the navigation of Appamattox ri ver. [Passed December 17, 1787.) pamattox ri. ver. 1. WHEREAS it is represented to this present gen- Act for openeral assembly, that the clearing, improving, and ex-ing and extending the navigation of Appamattax river, to the tending navi highest part practicable, will be of great benefit and gation of Appublic utility, and that many persons are willing to subscribe considerable sums of money for carrying the same into effect. Be it therefore enacted, that John Pride, John Holcombe, Joseph Michaux, John Archer, Joseph Jones, Everard Meade, and Richard Crump, gentlemen, be and they are hereby constituted and appointed trustees for clearing, improving, and extending the navigation of the said river, from Banister's mill as far up the same as they may judge it practicable, so as to have a sufficient depth and width of water to navigate boats, batteaus, or canoes, capable of carrying six hogsheads of tobacco, and they are authorised to take and receive subscriptions for that purpose: If any person shall neglect or refuse to pay the money by him subscribed for the purposes of this act, it shall be lawful for the said trustees to recover the same by warrant before a single magistrate where the subscription shall not exceed twenty five shillings, and where it shall exceed that sum, by motion in the court of the county where the person resides, provided the party has ten days previous notice of such motion. The said trustees or a majority of them, shall, as soon as may be, proceed to view the said river, and ascertain as nearly as they can, the highest part capable of navigation, according to this act; and have power to contract and agree with any person or persons for clearing and improving the navigation of the said river, in such manner as the trustees shall judge proper, and to remove all obstructions which in any wise injure the said navigation. II. And be it further enacted, That the said trustees or a majority of them, as often as they may see occasion, shall nominate and appoint one or more of their number to be receiver or receivers of all monies subscribed by virtue of this act; and the person or persons so appointed shall, in the court of the county where they respectively reside, give bond with sufficient security, in a reasonable penalty, payable to the said trustees and their successors, for the time being; with condition that he or they, his or their heirs, executors, or administrators, at all times when required, will truly, and faithfully account for all such sums of money as shall come to the hands of the said receiver or receivers, for the purposes of this act, and pay the same to such person or persons as the said trustees or a majority of them shall order and direct. III. And whereas it may be found necessary in some parts of the said river, to straighten the same, by cutting away the bank or by a canal, Be it therefore enacted, That it shall and may be lawful for the said trustees, or a majority of them, to agree with the owners of any land through which the said canal is intended to pass, for the purchase thereof, and in case of disagreement, or in case the owner thereof shall be a feme covert, under age, non-compos, or out of the state, the like proceedings shall be had to estimate the value thereof by a jury, as are directed and prescribed by the act intituled "An act for opening and extending the navigation of Potowmack river," and such valuation shall be paid by the said trustees to the owner of the said land, or his legal representative, and on payment thereof, the said land shall thenceforth be vested in the said trustees, and their successors in fee, for the purposes of this act.. The said trustees and their successors, or a majority of them, shall have power and authority to agree with any person or persons, to cut such canals, and erect such locks, and to perform such other works, as they may think necessary for opening, improving, and extending the navigation of the said river, and out of the money arising from the subscriptions, and tolls hereafter given to pay for the same, and to repair and keep in order the said canals, locks, and other works necessary thereto, and to defray all incidental charges, and to appoint such toll gatherers, managers, and servants, as they shall judge |