suffer one year's imprisonment without bail or mainprize.

Not to re

and papers

out of the county.

III. And be it further enacted, That every county To give bond. court clerk shall at the time of his appointment and qualification, as aforesaid, enter into bond, with security to be approved of by the court, in the penalty of one thousand pounds, payable to the governor and his successors for the time being, with condition for the due and faithful execution of his office, and that he will not remove or carry; or suffer to be carried or removed move records out of the county, the records and papers of the court whereof he is clerk, or any part thereof, except in cases allowed by law; which bond shall by such clerk bes transmitted within three months to the clerk of the council for the time being, to be by him registered and preserved among the papers of the executive, and may be prosecuted upon, and the penalty thereof recovered against any such county court clerk, at the discretion of the general court, for any malfeasance of office; and such clerk failing to transmit such bond to the clerk of the council for the time being, within the term aforesaid, shall forfeit and pay one hundred pounds, or presuming to execute his office without entering into such bond, shall forfeit and pay two hundred pounds, and suffer three months imprisonment.

records may

IV. And be it further enacted, That it shall not be In what cases lawful for the court of any county, or the clerk of any be removed. such court, to remove, or cause to be removed, the records and papers of the same, or any part thereof, withe out the, county, except in cases of actual invasion or insurrection, where in the opinion of the court the same will be endangered, or where for want of such opinion, occasioned by the suddenness of the alarm or danger, the clerk shall at his own discretion remove the same, returning them as soon as the alarm or danger ceases, or except also in other cases heretofore provided for by law; any member of a court, or clerk of the same, offending herein, shall forfeit and pay two hundred pounds.

V. And be it further enacted, That every clerk or deputy clerk of a county or other inferior court now in office, shall, as soon as may be after the commencement of this act, take the oath of office herein before prescribed; any such clerk failing herein for the space VOL. XI. 13

of six months from the commencement of this act, shall Every clerk forfeit and pay one hundred pounds. Every clerk apappointed since the 4th pointed since the fourth day of June, one thousand seof June 1776, ven hundred and seventy-six, as well as those hereafter to reside in to be appointed, shall moreover reside within the counhis county.

administra

tions to be transmitted

by clerks of

county, to

clerks of gen

eral court.

ty in which they shall hold their office, under perralty of being incapacitated therefrom, by information in the general court. All the penalties by this act imposed shall be prosecuted for, and recovered, by bill, plaint, or information, in any court of record; one moiety to the use of the informer, and the other moiety to the use of the commonwealth. This act shall commence and be in force from and after the first day of December, one thousand seven hundred and eighty-five.

VI. And be it further enacted, That memorials of Memorials of deeds, &c. & all bargains, sales, mortgages, and other conveyances; certificates of marriage settlements, and deeds of trust, and also lists of certificates for obtaining probat or administration, be hereafter transmitted by the clerks of the several county courts within the district of Kentucky to the clerk of the said district, and by the clerks of the other county courts within this commonwealth to the clerk of the general court, in the manner and at the time the same are directed by law to be returned to the secretary's office; and the clerks of the district court of Kentucky, and of the general court, shall register such memorials, and cause the said lists returned to them as aforesaid, to be recorded as heretofore directed by law, in books to be kept for those purposes; and that for recording the memorial of each bargain, sale, mortgage, or other conveyance, marriage settlement, or deed of trust, there be paid by the person to whom the same shall be made, ten pounds of tobacco, and also ten pounds of tobacco for recording each probat or certificate of administration; to be collected, levied, and accounted for, in the same manner as other clerks fees are directed by law to be collected, levied, and accounted

To be regis

tered and re. corded.

Fees.

for.

CHAP. XXII,

An act giving John Hoomes the exclusive privilege of conveying persons in a stage coach to and from certain places for a limited time, and for other purposes..

[Chapter LXI in ori. ginal.]

tain places.

I. WHEREAS it is represented to this present ge- John Hoomes neral assembly, that John Hoomes hath expended a granted exconsiderable sum of money in the purchase of carriages clusive privi lege of carryand horses, for the purpose of conveying persons and ing persons in baggage between Richmond and Petersburg, and be- stage coaches tween Petersburg and Richmond and Hampton, Nor- between cerfolk or Portsmouth, which will be productive of considerable public convenience and utility: And whereas the said John, Hoomes hath continue the said line of stages as aforesaid, in a proper and sufficient manner for the term of three years, therefore it is reasonable that he should possess, for a rea sonable time, any emoluments resulting therefrom:

a undertaken to keep up and

II. Be it therefore enacted, That the said John Hoomes shall have the sole and exclusive right of conveying for hire, persons in stage carriages, between Richmond and Petersburg, and between. Petersburg and Richmond and Hampton, Norfolk or Portsmouth, by the way of Suffolk, and to and from any intermediate place or places, for and during the said term of three years; and shall and may demand and take for Rates. each passenger five pence per mile, and five pence per mile for every one hundred and fifty pounds weight of baggage exceeding fourteen pounds, conveyed in any of

the said stage carriages. If the said John Hoomes, by Penalty for himself or any other shall demand or receive any great, exceeding leer rates than are hereby allowed, he shall forfeit and gal rates. pay double the sum demanded or received, to be recov¬ ered with costs, by summons and petition in any cons ty court of this commonwealth; and if the sum be under twenty-five shillings, before any justice of the peace by warrant, to the use of the party injured in both cases. If any person or persons, other than the said John Hoomes, his agents or servants, establish or run any privilege.

Penalty for infringing his

stage carriages between either of the before mentioned places, or any intermediate place or places, or demand or take, directly or indirectly, any fee or reward whatsoever for conveying any person or persons, or their baggage, in a stage carriage or carriages between either of the above-mentioned places, or any intermediate place, during the term aforesaid, he or they so of fending, shall forfeit and pay for every stage so run or established, the sum of one thousand pounds, and for every person or one hundred and fifty pounds of baggage by him or them so conveyed, the sum of one hundred pounds, to be recovered with costs, by action of debt, bill, plaint, or information, in any court of record, To give bond, to the use of the said John Hoomes. The said John Hoomes shall, on or before the first day of April next, enter into bond with sufficient security, in the general court, or in the court of the counties of Henrico or Caroline, in the sum of one thousand pounds, payable to the governor and his successors, for the use of the commonwealth, with condition for the due and faithful keeping up the said line of stages for and during the term aforesaid. And whereas, by an act passed at the last session of assembly, giving Nathaniel Twining the exclusive privilege of conveying persons in a stage coach for a limited time, it was enacted, that the said Nathaniel Twining should give bond and security for the due and faithful keeping up the line of stages there in mentioned, by the first day of September last; and although the said Twining hath duly, faithfully, and regularly complied hitherto with the obligation imposed on him by that act, yet it may have happened from his being a stranger in the state, that he may not have been able hitherto to procure security as aforesaid, and it is reasonable that he should be allowed further time to give the same:

Nathaniel H. Be it therefore enacted, That the said NathanTwining al- iel Twining shall be allowed time to give the said bond lowed further and security to the period herein before allowed to the time to give said John. Hoomes, and that the same shall be as good and effectual as if it had been given or entered into by the time limited in the said recited act,

bond.

CHAP. XXIII.

An act for dividing the county of Jef ferson into two distinct counties.

7

Ch. LXII in original.

Jefferson

ed, and Nel

Court days,

1. BE it enacted by the General Assembly, That from and after the first day of January next, the county of county divid Jefferson shall be divided into distinct counties by Salt son formed. river; and that part of the said county lying south of the said river shall be called and known by the name Boundaries. of Nelson, and all the residue of the said county shall retain the name of Jefferson, That a court for the said county of Nelson shall be held by the justices thereof on the fourth Tuesday in every month, after the division shall take place, in such manner as is provided by law for other counties, and shall be by their commission's directed, that the justices to be named in the commission of the peace for the said county of Nelson shall meet at Beardstown, in the said county, upon the first court-day after the said division shall take place, and having taken the oaths prescribed by law, and administered the bath of office to, and taken bond of the sheriff, according to law, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the sitnation and convenience will admit of, and thenceforth the said court shall proceed to erect the necessary pub lic buildings at such place; and until such buildings be completed, to appoint any place for holding courts as they shall think proper. Provided always, That the appointment of a place for holding courts and of ạ clerk, shall not be made unless a majority of the justices of the said county be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointment shall be postponed until some court-day, when a majority shall be present. The governor, with advice of the council, shall appoint a person to be first sheriff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law appointed for other sheriffs.

II. Provided always, and be it further enacted, That it shall and may be lawful for the sheriff of the said