for the subscribers, or a majority of them, to elect other person, or persons, in the room of him or them, so dying, removing, or resigning; of the time and place for making such election, previous notice shall be given by advertisement, at the courthouse of the county of Caroline, on two successive court days by the said trustees. If a majority of the subscribers should fail to attend on the day appointed for electing a trustee, the vacancy shall be supplied by those who do attend. The subscribers may vote either in person, or by proxy. It shall and may be lawful for every subscriber to transfer his interest in the said canals, works, and tolls, in the same manner, and under the like conditions and exceptions, as are prescribed by the said recited act. If any landholder on the said river, being resident thereon, if not the tenant or overseer, shall suffer any tree to be felled from his land, or the land of which he is a tenant, or resides on as an overseer into the said river, and therein to remain the space of twenty four hours, at any time after the navigation of the said river hath become practicable, every such landholder, tenant, or overseer, shall forfeit and pay the sum of forty shillings, to be recovered with costs, by information in any court of record, to the use of the person suing for the same. So much of all and every act and acts, as comes within the meaning of this act, is hereby repealed.

CHAP. XLIV.

An act for establishing several new ferries, and discontinuing one formerly established.

[Passed the 16th of December, 1788]

I. Be it enacted by the General Assembly, That public ferries shall be constantly kept at the following New ferries places, and the rates for passing the same, as followeth: That is to say, from the land of John Chenowith, in discontinued.

established

and others

the county of Hampshire, across Cape Capon river, to the land of James Largent, on the opposite shore, aud from the land of the said James Largent, across Cape Capon river, to the land of the said John Chenowith, the price for a man four pence, and for a horse the same; from the land of Dudley Evans, across Monongalia river, to the land of Rice Bullock, on the opposite shore, the price for a man three pence, and for a horse the same; from the land of David Chambers, in the county of Ohio, across the Ohio river, to the opposite shore, the price for a man six pence, and for a horse the same; and from the land of Elias Poston, in the county of Hampshire, across Cape Capon river, to his land on the opposite shore, the price for a man four pence, and for a horse the same: And for the transportation of wheel-carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferry-keepers may demand and take the following rates, to wit: For every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise, and the driver, the same as for four horses; for every two wheel chaise or chair, as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle, as for one horse; for every sheep, goat, or lamb, one fifth part of the ferriage for one horse; and for every hog, one fifth part of the ferriage for every horse, and no more.

II. If any ferry-keeper shall demand or receive any greater rates than is hereby allowed for the ferriage or carriage of any thing, he shall for every such of fence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings, to be recovered with costs before a justice of the peace of the county where the offence shall be committed.

III. And be it further enacted, That the ferry heretofore established from the lands of Joseph Cabell, in the county of Buckingham, across Fluvanna river, to the lands of William Cabell, on the opposite shore, shall be, and the same is hereby discontinued.

CHAP. XLV.

An act to regulate the suing out, and prosecuting writs of forcible entry and detainer.

[Passed the 16th of December, 1788.]

detainer, re.

1. BE it enacted by the General Assembly, That Practice in no warrant of forcible entry and detainer, or of forci- suing out ble detainer, shall hereafter be granted, unless upon writs of forci the oath or affirmation of the party praying the same. ble entry and II. And be it further enacted, That the name, or gulated." names, of the person, or persons, so charged, shall be inserted in every such warrant; and the sheriff or other officer to whom the same shall be directed, shall give reasonable notice, of at least three days, to such person, or persons, of the time and place of taking the inquisition. And no jury shall be sworn to enquire of any forcible entry or detainer, where such previous notice hath not been given.

III. And be it further enacted, That such justices, or justice of the peace, as by reason of any law now in force within this commonwealth, are authorised and enabled, upon enquiry, to give restitution, or possession, unto tenants of any estate of freehold, of their lands or tenements, which shall be entered upon with force; shall, by reason of such law, have the like and the same authority and ability from henceforth, upon indictment of such forcible entries, or such forcible withholding, before them duly found, to give like restitution of possession unto tenants for term of years, or tenants by elegit of lands or tenements by them so holden, which shall be entered upon by force, or holden from them by force.

Act establish ing distric

court on wes

tern waters,

further a mended.

CHAP. XLVI.

An act for further amending an act, intituled, An act for establishing a district court on the western waters.

[Passed the 3d of December, 1788]

1. WHEREAS the judges, and other officers of the supreme court for the district of Kentucky, are subjected to many inconveniences, by being obliged to make personal applications to the clerks of the several courts of the district for the payment of the salaries accruing to them: For remedy thereof. Be it enacted by the general assembly, that the governor, with the advice of council, shall appoint and commission some person to be a receiver, who shall reside at or near the place of holding the said court, and on entering into bond, payable to the governor or his successors. for the use of the commonwealth, and with sufficient security, to be approved of by the said court, in the sum of five thousand pounds, conditioned for the faithful discharge of his trust, shall be vested with the joint power and authority which the public auditor and treasurer are now by law possessed of, for settling with the said clerks and giving them receipts for all public monies for which they are accountable by law, and also the power of the solicitor, to move the said supreme court for judgment and execution against such of them as shall be delinquent.

11. And be it further enacted, That the said receiver shall, at every session of the said court, render an account to the then sitting judges, of all the monies be shall have received in consequence of his appointment; out of which he shall be entitled to a commission of four per centum for his trouble, and the balance he shall pay on demand to the judges, and other officers of the said supreme court, in discharge of the salaries, or arrears of salaries, and stipends, which may be due to them, or either of them, upon producing to him such certificates thereof as are required by the act, intituled, "An act to amend an act for establishing a district court on the western waters," taking receipts

thereon as the clerks in the said act are directed to take; which certificates, with a copy of his accounts, after having been examined, and attested to be true, by the said judges, he shall transmit, at least, annually, to the auditor of public accounts, and at the same time pay into the public treasury the surplus of this fund, or be liable to prosecution therefor, in the same manner, and be subject to the same penalties, as delinquent clerks of courts are liable to. Provided however, if it shall at any time appear to the said judges, that the fund in the hands of the said receiver, is inequate to the purposes for which it is allotted, they shall direct the said receiver to make a dividend thereof to each claimant, proportionate to the amount of the certificates they shall respectively produce to him; and the several balances that may then remain due to them, shall be certified by the said receiver, and coun tersigued by one of the said judges, on which the holder shall be entitled to payment out of the funds provided for the discharge of the salaries of the other civil officers of the state.

III. And be it further enacted, That the said judges are hereby authorised and empowered, to appoint a jailor, and make him such allowance for his services as they shall think reasonable, aud also to make an allowance for the past services of the person who hath acted as jailor to the said court.

IV. So much of all and every act or acts of assembly, as come within the purview of this act, shall be, and the same is hereby, repealed.

CHAP. XLVII.

An act for giving certain powers to the trustees of the property of the Protestant Episcopal church.

[Passed the 17th of December, 1788.]

Trustees of

WHEREAS it has been represented to the present property of general assembly, that some doubts have arisen, whether Protestant Ethe trustees appointed in the several parishes with- piscopal in this commonwealth, to take care of, and manage defined,

VOL. XII.

04

church, how