Act of March 2, 1819-January 1, 1820. R. C. ch. 85. fees, six dollars for every particular article or fee so unjustly charged, or demanded, or taken; to be recovered with costs, in any court of record in this commonwealth, by action of debt or information: Provided, The same be sued for within twelve months after the offence shall be committed. 1745 ; 1792, c. 115, R. C. 30. § 18. If any clerk of a court shall knowingly and fraudulently charge, demand, exact, or take more, for any business by him done, than is allowed by law, or shall knowingly and fraudulently charge, demand, exact, or take any fee for business not actually done, every clerk so offending shall be guilty of extortion; and on conviction thereof in the general court, by indictment or information, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever. 1805, c. 61, ed. 1808. 31. § 20. It shall not be the duty of the clerk of any court within this commonwealth to make up a complete record in any cause therein decided, except in those cases where the title or bounds of land shall be determined, and in cases of appeal, writ of error, or supersedeas. Ibid. 32. § 21. The surveyor of every county shall, annually, before the twentieth day of January, and the clerks of the several courts within this commonwealth, shall, annually, before(1) the first day of June, deliver or cause to be delivered, to the sheriff of every county in this state, and to the serjeant of every corporation, respectively, their accounts of fees due from any person or persons residing therein, which shall be signed by the clerks or surveyors respectively: Provided however, That the clerks of the superior courts of chancery may, at their election, put their fees for collection into the hands of the sheriff. or serjeant, or of the marshal of the chancery court in the manner hereinafter provided.' 1792, c. 115, R. C.; 1807, c. 5. Act of March 19, 1839, ch. 63. 33. 1. That it shall not be lawful for the clerks, sheriffs, serjeants, and other officers of this commonwealth, to collect by distress, warrant, or suit, any fee bill which may be due to them, or either of them, after the expiration of five years from the time such fee bill or bills shall have become due. But nothing herein contained shall be so construed as to prevent any clerk, sheriff or serjeant, from renewing from time to time, any such fee bill or bills, until the amount thereof be paid, where the party or parties chargeable with the same, shall have been returned by the proper officer as insolvent, or a non-resident of the state within the period aforesaid; and it shall be stated on the face of every ticket so issued, after the expiration of five years that such return has been made, and by what officer, and in what year: And provided also, That said clerks, sheriffs and serjeants, be allowed one year from the passing of this act, to place into the hands of the proper officer for collection, all such fee bills now due, as would otherwise come under the operation of this act. [Extended by act of March 13, 1840, one year more.] Acts 1840, c. 52, § 2, p. 45. Act of March 2, 1819-January 1, 1820. R. C. ch. 85. 34. § 22. The sheriffs and serjeants are hereby required and empowered to receive such accounts, and to collect, levy and receive the several sums of money therein charged of the persons chargeable therewith; and if such per (1) If a clerk's tickets be delivered after the 1st June in any year, to sheriff' or marshal for collection, he is not bound to account for them on 1st November following, nor before the 1st November in the next year. Coplin et al. v. M'Calley, 1 Leigh, 280. Act of March 2, 1819-January 1, 1820. R. C. ch. 85. son or persons, after the said fees shall be demanded, shall refuse or delay to pay the same, the sheriff of that county, or serjeant of that corporation wherein such person resides, or of the county in which such fees became due, shall have full power, and are hereby required to make distress of the slaves, or goods and chattels of the party so refusing or delaying payment, either in that county or corporation where such person inhabits, or where the same fees became due. And the sheriff of any county, or serjeant of a corpora tion, for all fees which shall remain due and unpaid after the tenth day of April in any year, either to themselves, or to the sheriffs, coroners or serjeants of another county or corporation, which shall be put into his hands to collect as aforesaid, is hereby authorized and empowered to make distress of the goods and chattels of the party refusing or delaying payment, in the same manner as for other fees due to any of the officers herein before mentioned; and if any sheriff or serjeant shall refuse to account for, or pay the whole amount of the sheriffs', serjeants' or coroners' fees, put into his hands for collection, after the deduction of six per cent. for collection, together with an allowance of what is charged to persons not dwelling or having no visible estate in his county or corporation, on or before the first day of November in every year, it shall and may be lawful for the sheriffs, serjeants and coroners, their executors or administrators, in the superior court of law, or in the court of the county of such sheriff, or in the court of the corporation of such serjeant, to demand judgment against such sheriff or serjeant, his executors or administrators, for all fees wherewith he shall be chargeable: together with damages thereon not exceeding fifteen per centum per annum, from the time when they ought to have been paid till the judgment shall be discharged;' and such court is hereby authorized and required to give judgment accordingly, and to award execution thereupon: Provided, The sheriff or serjeant, his executors or administrators, have ten days previous notice of such motion. Mar. 16456, act 9, 1 Stat. Larg. 313; Ib. and 1802, c. 30. 35. § 23. No action, suit or warrant from a justice, shall be had or maintained for clerks' or surveyors' fees, unless the sheriff or serjeant shall return, that the person owing or chargeable with such fees, hath not sufficient within his bailiwick whereon to make distress, except where the clerk or other officer as aforesaid, shall have lost his fee book, by fire or other misfortune, so that he be hindered from putting his fees into the sheriff's 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. 1745; 1791, c. 115, R. C. 36. § 24. Every sheriff of every county, and every serjeant of every corporation, shall, on or before the first day of November in every year, account with the clerks of the several courts within this commonwealth, and the respective surveyors, for all fees put into his hands pursuant to this act, and pay the same, abating six per centum for collecting, except in the case of the clerks of the court of appeals and general court; and if any sheriff or serjeant shall refuse to account or pay the whole amount of fees put into his hands, after the deductions aforesaid made, together with an allowance of what is charged to persons not dwelling, or having no visible estate in his county, it shall and may be lawful for the clerks, or surveyors, their executors or administrators, upon a motion made in the next succeeding superior court of law, or in the court of the county of such sheriff, or in the court of the corporation of such serjeant, to demand judgment against such sheriff or serjeant, for all fees wherewith he shall be chargeable by virtue of this act, 'with damages thereon not exceeding fifteen per centum per annum as aforesaid;' Act of March 2, 1819-January 1, 1820. R. C. ch. 85. and such court is hereby authorized and required to give judgment accordingly, and to award execution thereupon: Provided, The sheriff or serjeant have ten days previous notice of such motion. Ibid. 37. 25. If the said sheriffs and serjeants shall fail to pay the said fees to the clerk of the court of appeals and general court, at their offices in Richmond, or such town or place as the treasury may be kept at, by the first day of November, annually, abating ten per centum for collecting, and making an allowance for insolvencies and non-residents having no estate within their counties, which shall be accounted for on oath, the said clerks, or either of them, their executors or administrators, upon motion made in the superior court of law, or in the county or corporation, in which the sheriff or serjeant failing to make payment as aforesaid, may be found, may demand judgment against him for all fees wherewith he shall be chargeable by this act, with damages as aforesaid;' and such courts respectively shall enter judgment accordingly: Provided, The sheriff or serjeant have ten days notice of such motion; and judgment may be obtained as aforesaid, against any under sheriff who may fail to add the name of his principal to the receipt of such fees. Ibid. 38. 26. The executors or administrators of any such sheriff, under sheriff or serjeant, shall be liable to judgment as aforesaid, for the fees received to be collected by their testator or intestate and accounted for; and in like manner the securities of such sheriff or serjeant, their executors and administrators, or any of them, shall be liable for the fees received by him for collection.' Every receipt for fees produced in evidence, or any such motion, shall be deemed to be the act of the person subscribing it, unless he shall deny the same upon oath. Ibid. 39. § 27. Judgments may, in like manner, be obtained, for fees heretofore collected and remaining unpaid. Ibid. 40. 28. The judges of the court of appeals and superior courts of chancery, shall make such allowances from time to time to their respective officers as they shall think reasonable; taking into account the time past, for which no allowance hath been made by the assembly; which allowances when made and audited shall be paid by the treasurer out of any public money in his hands. Ibid. See tit. COUNSEL AND ATTORNEYS, No. 16, ante, p. 200, note *, and Acts 1840, c. 50, p. 44. Act of February 6, 1819-January 1, 1820. R. C. ch. 249. 3 1. § 1. If any horses, mares, cattle, hogs, sheep or goats, shall break into any grounds, being inclosed with a strong sound fence, four feet high if made with stone, and five feet high if made with any other materials, and so close that the beasts breaking into the same could not creep through, or with an Act of February 6, 1819-January 1, 1820. R. C. ch. 249. hedge two feet high, upon a ditch three feet deep, and three feet broad, or, instead of such hedge, a rail fence of two feet and a half high, the hedge or fence being so close that none of the creatures aforesaid can creep through, which shall be accounted a lawful fence; the owner of such horses, mares, cattle, hogs, sheep or goats, or any one of them, shall for the first trespass so committed, make reparation to the party injured for the true value of the damage he shall sustain, and, for every trespass afterwards, double damages, to be recovered, with costs, in any court of record: Provided, That for a third offence, for any one of the beasts aforesaid breaking into such inclosures, it shall be at the election of the party injured to sue for his damages, or to kill and destroy the beasts so trespassing, without being answerable for the same. Oct. 1748, c. 20, 6 Stat. Larg. 38; 1792, c. 137, R. C.; Jan. 3, 1814, c. 15.* 2. § 2. That the condition of the fence, at the time the trespass committed, may be proved to a jury upon trial: Be it enacted, 'That, upon complaint made by the party injured, before any justice of the peace of that county wherein such trespass shall be, such justice is hereby empowered and required to issue his order without delay, to three honest housekeepers of the neighbourhood, no ways related to the party injured, nor interested concerning the trespass, reciting the complaint, and requiring them to view the fence where the trespass is complained of, and to take memorandums of the same; and their testimony in such case shall be good evidence to the jury touching the lawfulness of the fence. Ibid. 3. § 3. If any person damnified for want of such sufficient fence, shall hurt, wound, lame, kill or destroy, by shooting, hunting with dogs, or otherwise, any of the kind or breed of horses, cattle, sheep, hogs or goats, he, she, or they *See on this subject reporter's note to Bush v. Brainnard, 1 Cowen, 79. In 1834, by act of January 25, Ses. Acts 1833-34, c. 160, p. 186, the bed or channel of Appomattox river from the falls thereof at or near the town of Petersburg to the Farmville bridge across said river, is declared a lawful fence between the proprietors and occupants of lands on both sides thereof. By act of February 7, 1835, Willis's river in like manner was declared a lawful fence from the forks of said river in the county of Cumberland to the mouth thereof. Ses. Acts 1835-6, c. 72, p. 53. By acts of same session, c. 73, 74, p. 54, the low grounds of James river, on either side thereof, in the counties of Buckingham, Albemarle and Goochland, and the boundary lines running from the back lands to the river were in like manner declared lawful fences; also said river below the head of tide water, and the Appomattox river as high up as the upper boundary of the tract of land called Mitchell, in the county of Prince George, and up Ward's creek to the upper boundary of Carter Edloe, and to all the other tributary streams of James river in said county, as high as vessels drawing four feet water can navigate. In 1836, Ses. Acts 1835-6, c. 75, p. 52, the north side of James river in the counties of Fluvanna and Albemarle, was also declared to be a lawful fence. So also was the margin of the Potomac river in the county of Berkeley, from dam number five of the Chesapeake and Ohio canal, to the upper line of the lands of Edward Colston. Ibid. c. 76, p. 52. In 1837, Seg. Acts 1836-7, c. 85, p. 79, the North Anna river on both sides, from Orford to its junction with the South Anna river; and the Pamunkey river on both sides from thence to tide-water, are in like manner declared to be lawful fences. At the same session, c. 86, p. 80, Licking Hole creek, in the county of Goochland, on both sides from the forks of said creek to the mouth thereof, was declared to be a similar fence. In 1838, c. 111, p. 85, the same provision is extended to both sides of the Rivanna river from its junction with the James river to the Albemarle county line. And in 1839 similar provisions were extended to both sides of the Riranna river from the line which divides the counties of Fluvanna and Albemarle to Stump Island dam in Albemarle, also to both sides of Dan river from its junction with Staunton river, to the mouth of Country Line creek near Milton; also to both sides of the Roanoke river from where the North Carolina line crosses the said river at the lower end of Mecklenburg, up to the mouth of Staunton river, and from its mouth to the line dividing the counties of Pittsylvania and Halifax; also to both sides of the Kanawha river from the falls thereof to the head of the Long Shoal. Ses. Acts 1838, c. 157, 158, 159, 160, p. 115, 116. Act of February 6, 1819—January 1, 1820. R. C. ch. 249. so offending, shall pay and satisfy to the owner of the creature, so hurt, wounded, lamed, killed or destroyed, double damages, with costs, recoverable as aforesaid. Ibid.† See act of March 6, 1835, Ses. Acts 1834-5, c. 65, p. 46, prescribing the punishment for unlawful, wilful, malicious and negligent burning of fences. Ante, tit. CRIMES AND PUNISHMENTS, No. 192, p. 216. FERRIES. How and by whom established, 1, 4, 9, 10, 7 | Punishment for taking slaves without permission, 2,8 12, 13 When to be paid, 1, 6 3 Who to pass free, 15 16 Ferries discontinued for non-usur, 20, 21, Sheriffs' and clerks' fees for duties under this act, 22 11 Act of February 10, 1819—January 1, 1820. R. C. ch. 237. 1. § 1. When any person or persons shall own the land on both sides of any water-course, [§ 3, or only on one side,] through which a public road is, or shall be established,(1) and shall desire to keep a ferry across such watercourse, he, she or they, shall make application to the court of the county wherein the said land lieth, who shall order the sheriff to impannel a jury of twelve disinterested freeholders, who shall view the place proposed for keeping such ferry, being first sworn, and, on their oaths, say whether, in their opinion, public convenience will result from the establishment of such ferry. The jury shall certify their opinion under their hands, and deliver it to the sheriff, who shall return it to the court; who, thereupon, as well as upon any other evidence that may be offered, shall have full power to establish such ferry, and fix the rates for passing the same; observing, that the rate for a man be the same as for a horse; for each head of neat cattle, the same as for a horse; and for each hog, sheep or goat, one fifth part of the rate for a horse. But such court may, in its discretion, fix the rate of ferriage on wheel carriages. From acts of Jan. 17, 1807, c. 105, ed. 1808; Jan. 4, 1809, c. 3, ed. 1812. Act of March 5, 1840, c. 72. 2. § 1. It shall not be lawful for the court of any county to grant leave to establish a ferry over any water course within one half mile, in a direct line, of any other ferry legally established over the same water course; and if any person, not having heretofore obtained lawful authority to do so, shall keep a public ferry over any water course within the distance aforesaid of another (1) In an application to the county court to establish a ferry, the applicant should set forth in his petition, that he owns the land, either on both sides, or on one side of the stream, and that a public road has been established through the land to the place where the ferry is sought to be established. Zane v. Zane, gen. ct. June T. 1817, 2 Virg Cas. 63; see 3 Rand. 33. |