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Penalty for III. Jf any justice let any go at large on bail who is admitting or not bailable. or refuse to admit to bail any who have improperly. roperly. right to be so admitted, after they shall have offered
sufficient bail, or require excessive bail, he shall be
amerced at the discretion of a jury. Commence.
IV. This act shall commence and be in force from ment of act. and after the first day of January, one thousand seven
hundred and eighty-seven.
From Rev. Bills of 1779, ch. LVII.
An act declaring that none shall be
condemned without trial, and that justice shall not be sold or defer.
Trial by jury,
I. BE it enacted by the General Assembly, That and equal and no freeman shall be taken or imprisoned, or be disspeedy jur. seized of his freehold, or liberties or free customs, or tice secured. be outlawed or exiled, or any otherwise destroyed,
nor shall the commonwealth pass upon him, nor condemn him; but by lawful judgment of his peers, or by the laws of the land. Justice or right shall not be sold, denied, or deferred, to any man.
II. This act shall commence and be in force from Commence ment of act and after the first day of January, one thousand seven
hundred and eighty-seven.
Bills of 1779. An act concerning mill-dams and other ch. XLVIII
obstructions of water courses. I. BE it enacted by the General Assembly, That po when any person owning lands on one side of any wa- on erecting ter course, the bed whereof belongeth to himsell, or to millo. the commonwealth, and desiring to build a water gristinill on such lands, and to erect a dam across the same, for working the said mill, shall not himself have the fee-simple property in the lands on the opposite side thereof, against which he would abult his said dam, he shall make application for a writ of ad quad dam- quad damnum. num, to the court of the county wherein the lands proposed for the abuttment are, having given ten days previous notice to the proprietor thereof, if he be to be Notice. found in the county, and if not, then to his agent therein, if any he hath, which court shall thereupon order their clerk to issue such writ, to be directed to the sheriff, commanding him to summon and empannel twelve Jury. fit persons to meet upon the lands so proposed for the abuitment, on a certain day, to be named by the court, and inserted in the said writ, of which notice shall be given by the sheriff, 10 the said proprietor or bis agent, as before directed, if neither of them were present in court at the time of the order made; which freeholders taken, shall be charged by the said sheriff, impartially, and to the best of their skill and judgment, to view the said lands so proposed for an abuitment, and to locate and circumscribe, by certain metes and bounds, one acre thereof, having due regard therein to the interests Inquest, what of both parties, and to appraise the same according to to
to contain. its true value, to examine the lands above and below, of the property of others, which may probably be overflowed, and say to what damage it will be of to the several proprietors, and whether the mansion house of any such proprietor, or the offices, curtilage, or garden, thereunto immediately belonging, or orchards, will be overflowed; to enquire whether, and in what degree, fish of passage and ordinary navigation will be obstructed; wbether by any, and by what means, such obstruction may be prevented; and whether in
their opinion the health of the neighbours will be annoyed by the stagnation of the waters. And the inquest so made and sealed by the said jurors, together with the writ, shall be returned by the said sheriff to the succeeding court, who shall thereupon order summonses to be issued to the several persons, proprietors or tenants of the lands so located, or sound liable to damage, if they be to be found within the county, and if not, then to their agents therein, if any they have, to sbew cause why the party applying should not have leave to build the said mill and dam. And in like manner, if the person proposing to build such mill and dam shall have the fee-simple property in the lands on both sides the stream, yet application shall be made to the court of the county wherein the mill-house will stand, for a writ to examine as aforesaid what lands may be overflowed, and say to what damage it will be of to the several proprietors, and whether the mansion house of any such proprietor, or the offices, curtilage, or garden,, thereto immediately belonging, or orchards, will be overflowed; also, whether, and in what degree fish of passage and ordinary navigation will be obstructed thereby, whether by any, and by what means, such obstruction may be prevented, and whether in their opinion the health of the neighbours will be annoyed by the stagnation of waters; wbich writ shall be direct
ed, executed and returned, as prescribed in the forLeave ta mer case. And if on such inquest, or on other evi. build, when dence, it shall appear to the court that the mansion granted.
house of any proprietor, or the offices, curtilage, or garden, thereto immediately belonging, or orchards, will be overflowed, or the health of the neighbours be annoyed, they shall not give leave to build the said mill and Jann; but if none of these injuries are likely to ensue, they shall then proceed to consider whether, all circumstances weighed, it be reasonable that such leave should be given, and shall give or not give it accordingly; and if given, they shall lay the party applying under such conditions for preventing the obstruction, if any there will be, of fish of passage and ordinary navigation, as to them shall seem right.
11. And if the party applying obtain leave to build Valuation mo.
o the said mill and dam, he shall, upon paying respectMey.
ively to the several parties entitled, the value of the acre located, and the damages which the jurors find will be
done by overflowing the lands above or below. brcome seized in fee-simple of the said acre of land. But if he Effret of no shall not, within one year thereafter, begin to build bus, bito
| 6 , 1 ng. the said mill, and finish the same in three wears, and nume. afterwards continue it in goud repair for public use, or in case the said mill or dam be de proyed, is he shall not begin to rebuild it within one year atier such destruction, and finish it within three years, the said acre of land shall revert to the former proprietor, and his heirs, unless at the time of such destruction of the said mill or dam the owner thereof be an intant, leme covert, imprisoped, or of unsound mind, in which case he shall be allowed the same terms for beginning and compleating the said mill or dam after such disability removed.
II. The inquest of the said jurors nevertheless, or inquest no opinion of the court, shall not bar any prosecution or bar to dama. . action, which any person would have had in law, had kes not fore. this act never been made, other than for such injuries as were actually foreseen and estimated by the said jury.
IV. It shall be lawful for the owner or tenant of any all such mill, or of any other grise-mill, tv take for 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 that, the remainder of which shall be ground into hominy or mali.
V. No owner or tenant of any mill, not having filty whom acres of land adjoining thereto, shall keep any swine un- keep hogs at inclosed at such mill, on pain that the same shall be lia. mills. ble to be taken and converted to his own use by the proprietor or tenant of any adjacent lands, or by any other person authorized by them.
VI. Where the owner of any mill now standing, or Locks and licensed to be built, hath by any act of assembly been slopes. compelled to make locks, slopes, or opening, for navigation, or the passage of fish, the fame shall be conitinued under the conditions imposed by such act, and shall be deemed sufficient in law, so long as the dam now standing, or building, shall remain: But it shall not be lawful to rebuild such dam in future, but on enquiry by jury into the obstructions of fish and navigation, and the means of preventing the same, and the final order of the court, to be applied for and conducted in the manner before directed in other cases.
Hedges, weirs VII. It shall not be lawful for any person to erect or and other ob. f
in fix in any water-course, any dam, hedge, weir, seine,
inan structions in watercourses drag, or other stoppage, whereby navigation, or the prohibited passage of fish, may be obstructed, save only for the
purpose of working some machine or engine useful to The public, in which cases the same proceedings shall be had as are before directed in the case of a water grist-mill, or for the purpose of a water grist-mill, before provided for: And where any such are now standing, or shall bereafter be erected or fixed, the owner or tenant of the lands adjacent thereto (whether the same were erected or fixed by himself or another) shall cause it to be abated: And whoso offendeth herein, shall be
deemed guilty of a nuisance. Commence. VIII. This act shall commence and be in force from
and after the first day of January, one thousand sever hundred and eighty-seven.
ment of act.
From Rev Bills of 1777 ch. LII.
An act concerning servants.
Serrants who J. BE it enacted by the General Assembly, That all may be, and white persons not being citizens of any of the confedea how long to serve.
rated states of America, who shall come into this coma monwealth under contract to serve another in any trade or occupation, shall be compellable to perform such contract specifically during the term thereof, or during so much of the same as shall not exceed seven years. Infants under the age of fourteen years brought in under the like contract, entered into with the consent of their father or guardian, shall serve till their age of twenty-one years only, or for such shorter term as the
said contract shall have fixed. Duty of mas. 11. The said servants shall be provided by their mas
ter with wholesome' and sufficient food, clothing and lodging, and at the end of their service, if they shall not have contracted for any reward, other than transportation, food, clothing, and lodging, shall receive from him one new and complete suit of clothing suited