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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 exclasive 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 bereafter be composed, being a citizen, as aforesaid, bis 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 commonwealdi, from any foreigo 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 preseuce of two credible witnesses at least; or who, koowing the same to be so printed, re-printed, or im. ported, 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 berein, 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 sach 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 procared 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.
on British vessels.
Additional BE it enacted, T'hat the several naval-officers shall, tonnage im. froin and after the first day of February next, receive fish vessels
Br- 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.
courts, and for other purposes.
Gounty 1. WHEREAS the methods hitherto established courts re for the administration of justice within this commonformed.
wealth 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 or other business;
II. Be it enacted, That courts shall be held in each Quarterly county, on the several days of holding courts in the courts. respective counties, in the months of March, May, Au
gust, and November, in every year, for the trial of all suits at common law and in chancery, petitions for
debe, presentments, and criminal prosecutions, depending in the said courts, and is througb 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 here. iu before appointed, in any such case it shall and may be lawful for any one justice lo adjourn the court from day to day, not exceeding three days, unul a sufficient number can attend to buid a court.
III. And be it further enacted, Tbat all imparlances Rules to be to be taken, and pleadings, to be filed, aod all proceed-bre
* office. ings to be had in suits depending in the county court, both in common law and io chancery, until an issue is joined, or interlocutory judgment or decree entered, shall be done at rules, to be held mopthly, in the clerk's office, on such day as the court, at their quarterly sessions sball appoint; which rules and proceedings shall be fairly and distinctly entered in a book 10 be kept for that purpose; and the clerk shall be allow ed 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 egtered 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. Proria Power of ded nevertheless, That the court may, at their quarterly court to consession, which sball be held next afier ray of the said rales and proceedings to be bad in the elerk'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
Process answer in any action, suit, indietment, or information in the said couri, 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 thereio 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 suc.
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 dis
charged, and such proceedings shall be had as if no
nee 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 agaiost the 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 subpoe
nas for witnesses to attend on the days to which the Depositions causes stand for trial. When any witness resides oat 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 unanesses, or ble to attend, the court upon affidavit thereof, the those about court when they are sitting, or any justice thereof in to remove, how taken.
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 evidenee 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. Iany 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
may moned as a witness, and attending the court or combe committed missioners appointed to take his or her deposition, as
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 de their quarterly session, are bereby empowered to pro- fendants, ceed in the same manner against any defendant resid- proceedings ing out of the country, or absconding to avoid being apain
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 bear 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- Carcats, rules tering any careat, 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 retüra, 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 defendaot 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 direct. ed 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 return ble to the succeeding quarterly session of the court of able. the county, wherein such judgment was or 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, and sheriff by default, execution may issue thereupon,
O: Office judg. unless the same shall be set aside before the end of the men 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