his heirs and assigns, or the person or persons who have purchased or acquired such copy or copies, share or shares, in order to print or re-print the same, his heirs and assigns shall have the exclusive right of printing and re-printing such book or pamphlet, within this commonwealth, for the term of twenty-one years, to be computed from the first publication thereof; and that the author of any book or pamphlet already composed and not printed or published, or that shall hereafter be composed, being a citizen, as aforesaid, his heirs and assigns shall have the exclusive right of printing and re-printing such book or pamphlet, within this commonwealth, for the like term of twenty-one years, to be computed from the first publication thereof. And if any person or persons whatsoever, shall print, reprint, or cause to be printed or re-printed, within this commonwealth, any such book or pamphlet; or shall import into this commonwealth, from auy foreign kingdom or state, any printed or re-printed copies of such book or pamphlet, without the consent of the author or proprietor thereof first obtained in writing, signed in presence of two credible witnesses at least; or who, knowing the same to be so printed, re-printed, or imported, without such consent first had and obtained, shall publish, sell, or expose to sale, or cause to be published, sold, or exposed to sale, any copy or copies of any such book or pamphlet; the person or persons offending herein, shall forfeit to the party injured, double the value of all the copies so printed, re-printed, or imported; or so published, sold, or exposed to sale; to be recovered at the suit of such party, in any court of record within this commonwealth.

II. Provided nevertheless, That no person shall be entitled to the benefit of this act, until he shall have registered the title of such book or pamphlet with the clerk of the council, and procured a certificate of such registry from the said clerk; which certificate the clerk is hereby required to give, taking only three shillings for his trouble.

Additional

tish vessels.

CHAP. VII.

An act to impose additional tonnage on British vessels.

BE it enacted, That the several naval-officers shall, tonnage im from and after the first day of February next, receive posed on Bri- from the captain or commander of every ship or vessel trading to this commonwealth, owned wholly or in part by a British subject, at entrance five shillings per ton, including the tonnage heretofore imposed. And the naval officer of each district, where he has reason to 'suspect that any ship or vessel is registered at less tonnage than her real burthen, shall be empowered to go on board the said ship or vessel, and make a measurement of her agreeable to the carpenter's tonnage in this states which said tonnage shall be accounted for, and paid into the treasury by the several naval-officers, in the same manner as the tonnage heretofore imposed.

County

courts re. formed.

courts.

CHAP. VIII.

An act for reforming the county courts, and for other purposes.

1. WHEREAS the methods hitherto established for the administration of justice within this commonwealth have proved ineffectual, and the various kinds of business cognizable by the county courts, render it necessary that certain sessions of the said court should be set apart for the trial of suits depending in the said courts, and other sessions, for the transaction of other business;

II. Be it enacted, That courts shall be held in each Quarterly county, on the several days of holding courts in the respective counties, in the months of March, May, August, and November, in every year, for the trial of all suits at common law and in chancery, petitions for

debt, presentments, and criminal prosecutions, depending in the said courts; and if through sickness, or other Jurisdiction. disability, badness of weather, or other accident, it shall so happen that a sufficient number of justices shall not meet, for holding the said courts on the days hereiu before appointed, in any such case it shall and may be lawful for any one justice to adjourn the court from day to day, not exceeding three days, until a sufficient number can attend to hold a court.

office.

Power of

troul rules.

III. And be it further enacted, That all imparlances Rules to be to be taken, and pleadings, to be filed, and all proceed-held in clerks ings to be had in suits depending in the county court, both in common law and in chancery, until an issue is joined, or interlocatory judgment or decree entered, shall be done at rules, to be held monthly, in the clerk's office, on such day as the court, at their quarterly sessions shall appoint; which rules and proceedings shall be fairly and distinctly entered in a book to be kept for that purpose; and the clerk shall be allowed the same fees for entering such rules, as if the entries had been made in court. And all rules to declare, Practice. plead, reply, rejoin, or for other proceedings, shall be given from month to month, and shall be made and entered with the clerk of the court in the same manner as the rules are made and entered with the clerk of the general court in suits depending in that court. Provided nevertheless, That the court may, at their quarterly court to consession, which shall be held next after any of the said rules and proceedings to be had in the clerk's office, for good cause to them shewn, set aside any of the said rules and proceedings, and make such order concerning the same, as to them shall appear just and right. All original process to bring any person or persons to answer in any action, suit, indictment, or information in the said court, and all subsequent process thereon, all attachments, or other writs of what nature soever, all process in chancery, awarded by the said court, and all attachments issued by a magistrate, shall be returnable on the first day of the next succeeding quarterly court. Special bail may be taken in court, at the quarterly sessions; or any justice when the court is Special bail. not sitting, may take recognizance of special bail in any action therein depending, which shall be taken de bene esse, and returned by the justice taking the same, to the clerk of the court, before the next sucVOLA XII.

E

Process.

ceeding quarterly court, to be filed with the papers in Exception to such action; and if the plaintiff, or his attorney, shall

bail.

see cause to except to the sufficiency of the bail so taken, notice of such intended exception shall be given to the defendant, or his attorney, at least five days previous to the day on which such exception shall be taken; and if such bail shall be adjudged insufficient by the court, the recognizance thereof shall be discharged, and such proceedings shall be had as if no Proceedings such bail had been taken. The same proceedings shall against com- be had against the common bail in any suit, and mon bail and the sheriff or either of them, and they or either sheriff. of them, may have the same remedy against the

causes.

nesses, or

those about to remove,

how taken.

defendant or his executors or administrators, in

the county courts at their quarterly sessions as may be had in the general court in such cases. Docketing The clerk shall proportion the causes upon the docket in the same manner as the clerk of the general court now does; from the first day of the court to the sixth, if in his opinion so many days will be expended in determining the causes ready for trial, and issue subponas for witnesses to attend on the days to which the Depositions causes stand for trial. When any witness resides out of aged, in- of this commonwealth, or shall be about to depart the firm, absent, or single wit. same, or by age, sickness, or otherwise shall be unable to attend, the court upon affidavit thereof, the court when they are sitting, or any justice thereof in vacation, may, on request of either party, direct a commission to be issued by the clerk of the court, for taking the deposition of such witness, de bene esse, to be read as evidence at the trial, in case the witness shall then be unable to attend; but the party obtaining such commission, shall give reasonable notice to the other party of the time and place of taking such deposition, otherwise the same shall be void. If any party, in any suit at common law, or in chancery, shall make oath, that he verily believes his claim or defence (as the case may be) or a material point thereof, depends on a single witness, the court, or any justice thereof, may award a commission to take the deposition of such witness, de bene esse, although he or she be not about to depart the country; nor under any disability, the party Witnesses, in such case, giving reasonable notice of taking such refusing to deposition, to the adverse party. If any person sumgive evi moved as a witness, and attending the court or combe committed missioners appointed to take his or her deposition, as

dence, may

aforesaid, shall refuse to give evidence on oath, or af firmation (as the case may be) to the best of his or her knowledge, every person so refusing, shall be committed to prison, either by the court or commissioners, there to remain without bail or mainprise, until he or she shall give such evidence. The county court at Absent detheir quarterly session, are hereby empowered to pro- fendants, ceed in the same manner against any defendant resid- proceedings ing out of the country, or absconding to avoid being served with the process of such court, and shall have - the same power over his estate and effects, as the high court of chancery now have and exercise in such cases; and may hear and determine all caveats against grants for land lying within the limits of the jurisdiction of the said courts respectively; except within the counties composing the district of Kentucky. The person en Caveats, rules tering any caveat, shall take from the surveyor of the concerning. county, before he shall return his plat and survey to the register's office, or from the register, after such return, a certified copy thereof, which within thirty days thereafter, shall be delivered to the clerk of the county, where the land lies, or such caveat shall become void; the said clerk, on receiving the same, shall enter it in a book, and thereupon issue a summons, reciting the cause for which such caveat is entered, and requiring the defendant to appear on the first day of the next succeeding quarterly court, and defend his or her right; and on such process being returned executed, the same proceedings shall be had thereupon as by law is directed to be had in such cases in the general court. All executions which shall hereafter be issued on judgments obtained in the county courts, shall be returna- when returnble to the succeeding quarterly session of the court of able. the county, wherein such judgment was er shall be obtained. And where any final judgment shall be entered up in the office against any defendant or defendants and their securities, or against any defendant or defendants,

Executions,

and sheriff by default, execution may issue thereupon, Office judg unless the same shall be set aside before the end of the ments, when second day of the quarterly session next succeeding set aside. the entering up such judgment, in like manner, and on such conditions, as office judgments in the general court may now be set aside.

IV. And be it further enacted, That the respective Monthly county courts shall sit in the months of January, Feb- courts. ruary, April, June, July, September, October, and