Pages 310-326  ======   ======  Pages 345-363

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LAWS OF VIRGINIA, FEBRUARY 1745−−19th GEORGE II.


   
CHAP. VI.

An Act, for the better regulating and collecting certain Officers Fees; and other purposes therein mentioned.
I. BE it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the commencement of this act, it shall and may be lawful to and for the secretary of this colony, for the time being, and all county court clerks, sheriffs, coroners, constables, and surveyors, respectively, to demand, receive, and take the several fees herein after mentioned and allowed, for any business by them respectively done, by virtue of their several offices, and no other fees whatsoever: That is to say,
To the Secretary.
  l. s. d.
For making out, sealing, and recording, at
      large, a patent for land before the same
      shall be recorded, 		0 8 0
For making out, sealing, and recording, at
      large, a patent, commonly called a double      
      patent, before the same shall be recorded, 		0 12 0
For parchment for every patent, 0 2 6
For recording every warrant to an escheat,
      and the inquisition thereupon, 		0 11 6
For a copy thereof, the same,
For every pass, 0 10 0
For every freedom for a ship or vessel, 0 10 0
For every testimonial, 0 10 0
For every writ, in the nature of an Ad quod


      Secretaries fee.

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      Damnum, to be paid upon issuing such            
      writ, 		0 5 0
For recording the same, with the inquisition
      thereupon, to be paid before inquisition
      be recorded, 		0 11 6
For a copy of such writ, and inquisition, to
      be paid down, 		0 5 0
Pounds of Tobacco.
For taking a bond, upon issuing injunctions in
      chancery, 		25
For a copy of a double patent, 40
For a copy of any other patent, 30
For the probation of any testament, and recording
      the same; for entering the orders for
      appraising the estate, recording the inventory,
      writing and sealing the probate, or any
      other matters concerning the same; or for a
      commission of administration of the goods of
      any person dying intestate; for entering the
      order or orders for appraising the estate,
      recording the inventory, or for any other matter
      concerning the same, where the appraisement
      doth not amount to above one hundred pounds,     		200
Or where the appraisement exceeds one hundred,
      and is under five hundred pounds, 		300
Or where the appraisement exceeds five hundred,
      pounds, or there is no appraisement, 		400
For a copy of a probate, or commission of
      administration, 		40
For recording the certificate of a probate, or
      administration, 		40
For a copy of a will, or inventory, 40
And if the original is contained in more sheets
      than one, for a copy of every such sheet, 		30
For every hue and cry, signed by the governor, 30
For a copy of an act of Assembly, 40
For a copy of an account, 20
For recording of a deed or deeds for the conveying
      or settling any lands or tenements only,
      or together with slaves or personal estate,
      or any way concerning the same, acknowledged
      or proved in the General Court, 		150
For a copy of such deed or deeds, with the

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      indorsements thereon; and for a certificate of
      the acknowledgment or proof, and recording, 		90
For issuing a commission to take the acknowledgment
      and privy examination of a feme covert, and
      recording it, with the return of the commissioners,    		50
For a copy thereof, 30
For recording a deed concerning slaves, or any
      personal matter only, 		70
For a copy thereof, with a certificate of the
      acknowledgment or proof, and recording, 		40
For recording a letter of attorney, acknowledged
      and proved in the General Court, and every
      thing relating to it, 		70
For a copy thereof, 40
For recording a bond, with condition, other
      than for performance of covenants in deeds of
      conveyance, or settlement of land, 		40
for a copy of a bond, with condition, 20
For recording a certificate of rights, 15

In Actions, and other Suits.

For every dedimus potestatem, writ of error,
      supersedeas, or scire facias, 		25
For taking bond, on issuing a writ of error, or
      supersedeas, 		25
For every other writ, in any action or suit, whatsoever, 20
For entering the sherif's return, and entering
      the bail by him returned, in the rule book, 		20
For entring special bail, 20
For entering the personal appearance of the
      plaintiff or defendant, or the appearance of an
      attorney for either party, 		10
For entering security for costs for persons out
      of the county, 		20
For filing a declaration, and every plea or demurrer,
      in any cause, to the making up of the issue,
      and for filing errors upon appeals, writs
      of error, or supersedeas, 		20
For a copy of every declaration, plea, or demurrer,
      or of errors, 		20
For every rule, entered in the rule book, 20

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For a copy of every rule, 10
For every order in court, before tryal, 10
For a copy of the same, 10
For filing papers of each party, in any action or suit, 15
For docketing every cause on the docket, to be
      charged but once, 		10
For every tryal, swearing the jury and witnesses,
      and recording a general verdict, 		50
For administring an oath or affirmation in court,
      except witnesses, to a jury, 		10
For every tryal where there is a special verdict,
      swearing the witnesses; and jury, and recording
      such verdict, 		75
And where there is no jury, but a case agreed, 25
For swearing witnesses for each party in every
      cause, where there is no jury, 		15
For a copy of a case agreed, or notes of a special
      verdict, 		25
For entering every order made in court, after
      verdict or demurrer joined, 		10
For entering every continuance on the court docket, 10
For entering every judgment, 10
For recording the report of auditors, when it is desired,  40
For making a compleat record in every cause,
      inserting a case agreed, or special verdict, at
      large from the notes; and all deeds and other
      evidences at large; for every twenty words, 		1
For a copy thereof, or any part thereof, the same,
For filing bill, answer, replication, or other
      pleadings in chancery, each, 		15
For a copy thereof, for every twenty words, 1
For entering every decree, 10
For drawing up every decree at large, entering,
      the substance of the bill, answer, and other
      pleadings, the substance of the evidence, and
      the decree thereupon, for every twenty words, 		1
For filing the depositions in every cause, in behalf
      of each party, 		15

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For a copy of the depositions, for every twenty words,   1
For a recognizance in court, 20
For entering an appeal to England and taking bond, 50
For filing the record upon appeal, writ of error,
      or supersedeas, from a county court, or
      any inferior court, 		15
For a copy of such record, for every twenty words, 1
For filing the return of a certiorari, or habeas corpus, 15
For taxing the costs in any action or suit, and a
      copy thereof, 		20
For every petition for lapsed land, for writing,
      it, and issuing a summons thereon, 		50
For every order thereon, 15
For recording any thing no therein particularly
      mentioned, or for a copy thereof, for every
      twenty words, 		1
For a search for any thing, if above a year's
      standing, or reading the same, or any part
      thereof, if required, 		10
For every order to a witness for attendance,
      to be charged to the party against whom such
      order goes, 		10
      II. Which said several fees herein before expressed, shall be charged to the party at whose instance the business shall be performed, except where it is otherwise directed: And that the fees herein after mentioned and allowed to the secretary, shall be charged to the several counties respectively for whose service the business shall be performed; and shall be by the justices levied on the inhabitants thereof: That is to say:
For a commission of the peace, and dedimus, to
      administer the oaths and recording the same, 		160
For a commission of oyer and terminer, and
      dedimus, to administer the oaths, to be repaid        
      the county by the public, 		100
For a writ for electing of Burgesses, 350
For filing an inquisition, on view of a dead body,
      and recording the same; which shall be repaid
      the county out of the estate of the deceased,
      if sufficient, 		50

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To the County Court Clerks.

Pounds of Tobacco.
For taking a bond upon issuing injunctions in chancery,  20
For recording deeds of lease and release, for
      conveying or settling of lands only, or together
      with slaves and personal estate; bond to
      perform covenants; certificate of the proof,
      or acknowledgment, as the case is; and all
      matters relating thereto, 		150
For a copy thereof, 55
For recording every deed of feoffment, or bargain
      and sale, or other single deed, for conveying
      or settling lands and tenements only, or
      together with slaves and personal estate;
      bond to perform covenants; certificate of the
      proof, or acknowledgment, as the case is; and
      all matters relating thereto, 		100
For a copy thereof, 40
For issuing and recording a commission to take
      the acknowledgment and privy examination of
      a feme covert, with a certificate of the
      commissioners, if such commission be required. 		40
For a copy thereof, 20
For recording a patent, 50
For a copy thereof, 25
For recording a deed for land from the proprietors
      of the Northern Neck, 		50
For recording a deed concerning slaves, or any
      personal matter or thing only, with the
      certificate of its proof for acknowledgment, 		40
For a copy thereof, 30
For recording a letter of attorney, 30
for a certificate of the proof or acknowledgment thereof, 10
For a copy of a letter of attorney, with such certificate, 25
For recording a bond, with condition, other
      than for performance of covenants in deeds
      of conveyance, or settlement of lands, 		20
For a copy of a bond, with condition, other
      than an appeal bond, the same.
For a copy of any other obligation or promissory note, 10





County court clerks fees.

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For the probation of any will or testament, and
      recording the same; entering the order or
      orders for appraising the estate; and for any
      other matter concerning the same, where the
      will shall be contained in one sheet, 		40
And if the will is contained in more than one
      sheet, for every such sheet, 		20
For a commission of administration of the goods
      of any person dying intestate; for entering
      the order or orders for appraisement; and
      for any other matters concerning the same, 		40
For recording an inventory, where the appraisement
      doth not amount to above ten pounds, 		10
Where the appraisement exceeds that value, and is
      under fifty pounds, 		50
And where it shall exceed fifty pounds, and is
      under one hundred pounds, 		100
And where it shall exceed one hundred pounds, or
      there is no appraisement, 		250
For a copy of a will or inventory, if the original
      is contained within one sheet, 		30
If the original is contained in more sheets than one,
      for a copy of every such sheet besides the first, 		20
For a copy of an act of Assembly, 40
For recording the age of a servant or slave, adjudged    
      in court, 		10
For a certificate thereof if required, 8
For a certificate of any person's departure out of
      the country, 		15
For attending a court for examination of criminals,
      and trial of slaves, if the court is held for that
      purpose; to be paid by the county and repaid by
      the public, 		200
For a copy of a list of tithables, taken by a justice
      in his precinct, 		20
For the whole fee for an ordinary license and bond, 50
For a copy of the rates of liquors, 15
For a marriage license, certificate, and bond, 50
For proving rights for land, produced at one time, and
      belonging to one person, and certificate thereof, 		13
For every search for any thing, above a year's

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      standing, 5
For reading any thing, if a copy be not required, 5

In Actions and other Suits.

Pounds of Tobacco.
For every writ, other than such as are herein after
      particularly mentioned, 		10
For a copy of such writ, 5
For every writ of execution, or scire facias, 15
For a copy thereof, 8
For recording the return thereof, 8
For a writ of attachment, in any action, 15
For recording the return thereof, 15
For an attachment, granted by a justice of the
      peace, returnable to the court, and recording
      the return, and putting the asme on the docket, 		20
For every summons, to summon a garnishee on
      such attachment, 		10
Filing every bail bond, or entering the bail returned,        10
For docketing every cause, except by petition,
      to be paid [charged] but once, 		5
For a copy of the return of any writ, 3
For entering special bail, 10
For entering security for costs, for persons out
      of the country, 		10
For entering the appearance of the defendant or
      defendants, where there is no attorney in any
      suit, except by petition, 		5
For entering one or more attornies for each party, 5
For every petition, declaration, or other pleadings,
      except in suits by petition, for debt, detinue,
      assumpsit, or trover, 		10
For a copy of any declaration, special pleading or
      demurrer, 		10
For a copy of a plea, if the general issue, 3
For every trial, swearing the jury and witnesses,
      filing all papers, and recording a general verdict, 		40
For every trial, where there is a special verdict,

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      or case agreed, and recording the same, 65
For swearing the witnesses in every other cause,
      where there is no jury or case agreed, except
      by petition, 		10
For filing the papers of each party, in every cause
      except by petition, and where there is a jury
      or case agreed, 		10
For a copy of a special verdict, or case agreed,
      and every thing therein set forth, or for
      making up a full and complete record, for
      every thirty words, 		1
For entering every judgment, or for a copy thereof, 10
For filing a bill, answer, replication, and other
      pleadings in chancery, for each, 		10
For a copy thereof, for every thirty words, 1
For a commission to examine witnesses, 25
For attending, and writing depositions taken against
      inspectors, before justices of the peace, 		100
For entering every decree in chancery, 15
Fer filing the depositions in any suit, for each party, 5
For every deposition taken in court, 10
For a copy of a deposition, 10
For administering an oath in court, not relating
      to the trial of any cause there depending, and
      certifying the same, 		10
For every recognizance in court, 10
For entering the order or orders, in any cause,
      in one court, 		15
For entering every order for attendance of witnesses,   10
For a copy of any order, 10
For recording the report of a jury, in the county,
      surveyor, auditor, or viewers, 		20
For a copy thereof, 20
For taxing costs, to any judgment or decree,
      where costs are recovered, or for a copy of a
      bill of costs, if required, 		11
For a copy of an account, 10
For entering an appeal, and taking bond to
      prosecute it, 		20
For a copy of the bond, 10
For returning an appeal, and security, to the
      secretary's office, 		30

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For returning writ of error, supersedeas, certiorari,
      or habeas corpus. 		20
For a copy of the proceedings of the cause, wherein      
      the appeal is granted, for every thirty words, 		1
For recording the acknowledgment of satisfaction
      of a judgment, 		10
For entering each order, for a witness's attendance,
      to be charged to the party in whose behalf
      the witness is summoned, and taxed in the
      bill of costs, if such party recover, 		10
For a copy thereof to be taxed and charged in like
      manner, 		10
For an attachment thereon, to be charged to the
      party against whom such attachment shall
      be issued, 		10
For the whole fee chargeable, for every petition,
      for debt, detinue, assumpsit, or trover, and
      all the proceedings therein, including a copy
      of the judgment, and taxing costs, if required,
      except the respective fees, for summoning
      witnesses, entering attornies, for every order
      for continuance, and for issuing execution,
      where any of those matters happen, 		50
For entering an attorney in such petitions, to
      be paid by the party by whom such attorney
      shall be employed, and not to be taxed in the
      bill of costs, 		5
For a summons for several witnesses, living in
      one county, if summons's for all be taken out
      at one time, 		10
For recording any thing not herein particularly
      mentioned, or for a copy thereof, for every
      thirty words, 		1
For the acknowledgment and proof of any deed,
      in the county court, and for certifying the
      same, to be recorded in the General Court, 		30
      III. And if any plaintif, or defendant, or his or her attorney, shall take out copies, of his or her own declaration or pleadings, or of his or her own papers, in any cause, or of any common order made in such cause, the charge of such copies shall not be allowed in the bill of costs, although such party recover: And where more attornies than one shall be employed, in any cause Costs of copies

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on one side, if such attornies take out more than one copy of any thing, necessarily relating to the suit, yet no more than one copy shall be allowed in the bill of costs; neither shall the clerk tax any fee, in the bill of costs, for entering any more than one attorney, although costs shall be adjudged against the adverse party.
For all public services of the clerk, viz. entering
      and issuing copies of orders, for appointing
      surveyors of high ways, appointing constables,   
      grand juries, taking the list of tithables,
      entering guardians accounts, and all matters
      relating thereto; binding out poor orphans,
      and appointing guardians, entering the levy,
      and copies thereof, and of the list of tithables
      for the collector; and for entering and issuing
      the orders, except against guardians, where
      they shall stand out in contempt, to be charged
      to such guardian; and issuing the orders for
      recommending sherifs, and justices and for
      processioning, and all other public services,
      for which no particular fee is allowed: To be
      levied annually, by the justices of the county,
      besides cask, 		1200
      IV. And when any person or persons, presented by the grand-jury, or prosecuted by the church-wardens, shall be discharged from any such presentment or prosecution, the clerk shall charge no fees for the same, or any matter relating thereto; but the same shall be deemed to be included in the public services: but if the party or parties so presented or prosecuted, shall be convict, then in such case, the clerk shall charge him, her, or them, so convict, with all the fees accruing thereon. Costs on presentments of grand juries and prosecutions of church wardens.
      V. And where the treasurer, for the time being shall prosecute or sue any person or persons, for duties due or owing to him, and shall recover judgment against him, her, or them, the clerk of the court wherein such suit shall be brought, shall, and is hereby required, to charge all the fees accruing thereon, to the person or persons against whom such judgment shall be obtained: And no county court clerk shall charge any fee, for making up a complete record, unless it be in causes where the title or bounds of land are determined, or when he is to transmit the transcript On suits bro't by treasurer,

On making up records.

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of the record of any cause to the secretary's office, upon appeals, or writs of error, habeas corpus, supersedeas, or certiorari.
      VI. And to the end, all persons chargeable with any of the fees aforesaid, may certainly know for what the same are charged: Be it further enacted, That none of the fees herein before mentioned, shall be payable, by any person whatsoever, until there shall be produced, or ready to be produced, unto the person owing or chargeable with she [the] same, a bill or account, in writing, containing the particulars of such fees, signed by the clerk or officer to whom such fees shall be due, or by whom the same shall be chargeable, respectively; in which said bill or account, is and shall be expressed in words at length, and in the same manner, as the fees aforesaid are allowed, by this act, every fee, for which any money or tobacco is or shall be demanded. Fee-bills to be produced.

To the Sheriff.

Pounds of Tobacco.
For an arrest, bond, and return, 30
For returning a capias, non est inventus, 10
For serving a scire facias, 15
For serving any person with an order of court, and          
      making return thereof, 		15
For pillorying any person, 20
For putting into the stocks, 10
For ducking any person, 20
For putting in prison, and releasement, 20
For serving a subpœna, in chancery, 15
For serving a summons upon a petition, for debt,
      detinue, assumpsit, or trover, 		15
For serving a subpœna, for a witness, in any cause
      in court, except snmmoned in court, 		10
For summoning an appraiser, auditor, viewer, or
      witness, to any deed, will, or writing, if required
      to be summoned, but not else, 		10
For summoning and impannelling a jury, in every
      cause wherein a jury shall be sworn, 		50
For going to Williamsburg, for a commission
      of Oyer and Terminer, for every mile, besides
      ferriages, to be paid by the county, and repaid






Sheriff's fees.

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      by the public,
The same for returning. 		2
For coming to, and attending the General Court,
      with the venire, and return of the venire facias,
      the same as is allowed to a venire man; to be
      paid by the public; and for attending the General
      Court, with stolen goods, where there is no
      venire, the same.
For summoning the justices of the county, and
      attending the Court of Oyer and Terminer,
      or for the examination of a criminal; to be
      paid by the county, and repaid by the public. 		200
For the removing of every criminal, from the
      county goal, to the public goal, for every
      mile; to be paid and repaid as aforesaid, 		5
For removing a debtor, by habeas corpus, from the  
      county goal to the public goal, for every mile, 		2
For executing every condemned person, and all fees
      incident; to be paid and repaid as aforesaid, 		250
For summoning a jury upon any inquisition, survey,
      writ of dower, or partition, if the jury appear, 		150
And if the jury do not appear, 75
For making a return of a writ of dower, partition,
      or in the nature of an ad quod damnum, 		50
For every days attendance upon a jury in the
      country, after they are sworn, or attendance
      upon a surveyor, when ordered by the court, 		50
For serving a writ of habere facias seisinam, or
      habere facias possessionem, 		50
For serving an attachment upon the body, 30
For serving a declaration in ejectment, if against
      one tenant, 		30
And if against more tenants than one, for serving
      the declaration on every other tenant, 		15
For whipping a servant; to be paid by the owner,
      and repaid by the servant, 		20
For whipping a free person, by order of court; to
      be paid by such person, the same.
For whipping a slave, by order of court; to be paid
      by the county, and repaid by the public, 		20
For serving an execution for any debt due in
      tobacco, five per cent. for the first thousand; two

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      per cent. for all above one thousand pounds:
      If due in money, five per cent. upon the first
      hundred pounds; and two per cent. for all
      above one hundred pounds.
For serving an attachment upon the goods exceeding
      three pounds, if sold, the same fee as for serving
      an execution; where the goods do not exceed that
      value, or are not sold, 		30
For every garnishee summoned on such attachment, 10
For serving and returning a general court writ,,
      summons or order, where the same is not
      comprehended in any of the foregoing articles, 		30
For making proclamation, as the law directs in
      proving of wills, or proceeding to outlawry, 		20
For selling a servant at public outcry, by order of
      court, and all fees incident, 		20
For keeping and providing for a debtor, in goal,
      each day, 		10
For keeping and providing for a runaway, or
      criminal, in goal, each day; to be paid by the
      county, and repaid by the public, 		5
For serving a justice's warrant, 10
For summoning a witness before a justice,, 5
For all public services of the sheriff; (to wit,)
      attending the courts of claims and grievances,
      impannelling grand-juries, publishing of writs
      for electing of Burgesses, and attendance;
      serving all public orders of court, except
      against guardians, where they shall stand
      out in contempt, to be charged to such guardian;
      and all other public and county service: To be
      levied annually, by the justices, on the county;
      besides cask, 		1200
      VII. And when any person or persons, presented by the grand jury, or prosecuted by the church-wardens, shall be discharged of such presentment, or prosecution, the sheriff shall charge no fees for the same, but it shall be deemed to be included in the public services; but if the party or parties, so presented, or prosecuted, shall be convict, then, in such case, the sheriff shall charge him, her, or them, so convict, with all fees accruing thereon. On presentments, &c.

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To the Coroner.

Pounds of Tobacco.
For taking an inquisition on a dead body; to be paid out
      of the deceased's estate, if the same be sufficient,
      if not, by the county, 		138
For all other business, done by him, the same fees
      as are allowed the sheriff for the same services





Coroners fees.
To the Constable.
For serving a warrant, 10
For summoning a witness, 5
For summoning a coroner's jury, and witnesses, 50
For putting into the stocks, 10
For whipping a servant; to be paid by the owner,
      and repaid by the servant, 		10
For serving an execution, or attachment, returnable          
      before a justice, 		10
For serving an attachment, returnable to the county
      court, against the estate of a debtor, removing
      his effects out of the county, 		30
For whipping a slave; to be paid by the overseer,
      if the slave is under an overseer, if not, by the
      master, one shilling, or 		10
For removing any person, suspected to become
      chargeable to the parish; to be paid by such
      parish, for every mile, 		2
The same for returning.


Constables fees.
To the Surveyor.
Pounds of Tobacco.
For every survey, by him made, plainly bounded,
      as the law directs; and for a plat of such
      survey, after the delivery of such plat, where
      the survey shall not exceed one thousand
      acres of land, 		500
For every hundred acres, contained in one survey,
      and above the first thousand, 		30
For surveying a lot in a town, 20
And where the surveyor shall be stopped or hindred,
      from finishing a survey, by him begun, to be paid      
      by the party who required the survey to be made, 		250



Surveyors fees

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For running a dividing line, 250
For surveying an acre of land, for a mill, 100
For every survey of land formerly patented, and
      which shall be required to be re surveyed,
      and for a plat thereof, delivered as aforesaid,
      the same fee as for land not before surveyed:
      And where a survey shall be made of any
      lands, which are to be added to other lands,
      in an inclusive patent, the surveyor shall
      not be paid a second fee, for the land first
      surveyed, but shall only receive what the
      survey of the additional lands shall amount to.
And where any surveys have been actually made,
      of several parcels of land adjoining, and
      several plats delivered, if the party shall
      desire one inclusive plat thereof, the surveyor      
      shall make out such plat, for ten shillings.
For running a dividing line between any county
      or parish; to be paid by such respective
      counties, or parishes, in proportion to the
      number of tithables, if ten miles, or under, 		1000
And for every mile above ten, 50
      VIII. Provided always, and be it enacted, That where any person shall employ a surveyor, and shall have received a plat of the lands surveyed, and afterwards shall assign the land to any other, either before or after obtaining a patent for the same; if such person, for whom the land was first surveyed, shall not have paid for the said survey, it shall and may be lawful, for the sheriff of the county wherein such assignee shall reside, at the instance of such surveyor, to make distress upon the slaves, goods and chattels, of such assignee, in like manner as is herein after provided, for surveyors, or other officers fees, refused or delayed to be paid. On assignments of plats &c.
      IX. And be it further enacted, That the clerk of the secretary's office shall cause to be set up, in some public place in that office, and there constantly kept, a fair table of the secretary's fees herein before mentioned, on pain of forfeiting two thousand pounds of tobacco, for every General Court day the said table shall be missing, thro' his neglect; and that the clerk of every county court, shall, in like manner, set up a fair table of all the other fees herein before mentioned, in the court house of his county, to be there constantly Table of fees to be set up.

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kept, on pain of forfeiting one thousand pounds of tobacco, for every court day the same shall be missing, thro' his neglect: Both which penalties shall be to the person or persons who shall inform or sue for the same; and shall or may be recovered in any court of record within this dominion, by action of debt, or information.
      X. And that if any officer whatsoever hath heretofore taken any greater fee than was by the laws then in force allowed, or hereafter shall claim, charge, demand, exact, or take, any more or greater fees, for any writing, or other business by him done, within the purview of this act, than herein before set down and ascertained; or if any officer shall charge, or demand, and take, any of the fees herein before mentioned, where the business, for which such fees are chargeable, shall not have been actually done and performed; to be proved by the fee book of such officer, upon his corporal oath; such officer, for every such offence, shall forfeit and pay, to the party injured, besides such fee or fees, two hundred pounds of tobacco, for every particular article or fee, so unjustly charged, or demanded, or taken: To be recovered, with costs, in any court of record within this dominion, by action of debt or information; provided the same be sued for, within twelve after the offence shall be committed. Penalty for over charging.
      XI. Provided always, That nothing herein contained, shall be construed, to inflict any penalty, on any of the said officers, for demanding and taking the fees, respectively allowed to be taken by them, by one act of Assembly, made in the twelfth year of his present majesty's reign, intituled, An act for the better regulating and collecting certain officers fees; and other purposes therein mentioned, at any time before the publication of this act; for which two months, after the commencement thereof, is hereby allowed. Proviso.
      XII. And for the better collecting the said tobacco fees, Be it further enacted, That the clerk of the secretary's office, and of every county court respectively, and every surveyor, shall, annually, before the twentieth day of January, deliver, or cause to be delivered, to the sheriff of every county in this colony, respectively, their accounts of fees due from any person or persons residing therein, having first made the Accounts of fees to be delivered to the Sheriff.

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proper deductions at the foot of every such account; which shall be signed by the clerks, or surveyors, respectively. And the said sheriff is hereby required and impowered, to receive such accounts, and to collect, levy, and receive, the several quantities of tobacco therein charged, of the persons chargeable therewith. And if such person or persons, after the said fees shall be so demanded, shall refuse or delay to pay the same, 'till after the tenth day of April, in any year, the sheriff of that county wherein such person inhabits, or of the county in which such fees became due, shall have full power, and is hereby required, to make distress of the slaves, or goods, and chattels, of the party so refusing or delaying payment, either in that county where such person inhabits, or where the said fees became due. And the sheriff of any county, for all fees which shall remain due and unpaid, after the said tenth day of April, in any year, either to himself, or the sheriff of another county, which shall be put into his hands, to collect as aforesaid, is hereby authorised and impowered, to make distress and sale, of 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: But no action, suit, petition, or warrant from a justice, shall be had or maintained for secretary's county court clerks, or surveyors fees, unless the sheriff 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 hindred from putting his fees into the sherif'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. His duty in collecting them.
      XII. That the sheriff of every county shall, upon or before the last day of May, in every year, account with the secretary, or his agent, and the clerk of the respective county courts, and the respective surveyors, for all fees put into his hands, pursuant to this act, and pay the same, abating six per cent. for collecting: And the secretary is hereby required to appoint an
Sheriff when to account.

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agent in every county, to receive the sherif's accounts and all tobacco due to him. And if any sheriff shall refuse to account or pay the whole account of fees put into his hands, after the deductions aforesaid are 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 secretary, or clerk, or surveyor, upon a motion made in the next succeeding General Court, or in the court of such sheriff, to demand judgment against such sheriff, for all fees wherewith he shall be chargeable, by virtue of this act; and such court is hereby authorised and required to give judgment accordingly, and to award execution thereupon; provided the sheriff have ten days previous notice of such motion. Remedy against him, in case of refusal.
      XIII. And whereas several of the county court clerks in this colony, have neglected to record deeds, wills, and other matters of consequence, Be it enacted, That the justices of the several county courts shall annually, appoint two or more fit persons, of their number, to inspect the clerk's office of their county, and to report to the next court, the condition in which they find the papers and records. Clerk's office to be inspected annually.
      XIV. And be it further enacted, That the respective county courts, in every cause, except where the same shall be brought by petition, where the plaintiff shall recover or be nonsuit, or where his suit shall be dismissed, shall allow, in the bill of costs, fifteen shillings, or one hundred and fifty pounds of tobacco, for an attorney's fee, if the party employed one; except against executors and administrators, or where the plaintiff may not recover more costs than damages. Attorney's fee to be taxed.
      XV. And be it further enacted, That the act made in the twelfth year of his present majesty's reign, intituled, An act, for the better regulating and collecting certain officers fees; and other purposes therein mentioned; and one other act, made in the eighteenth year of his said majesty's reign, for continuing the same; be, and are hereby repealed, and made void: And that this act shall continue and be in force, from the end of this session of Assembly, for and during the term of three years, and no longer. Former acts repealed.




This act in force for three years.

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