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out of the

suffer one year's imprisonment without bail or mainprize.

III. And be it further enacted, That every gounty To give bond. court clerk, shall at the time of bis 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 conditiou for the due and faithful execution of his office, and that be will

Not to re. not remove or carry; or suffer to be carried or removed move records out of the county, the records and papers of the court and papers whereof he is clerks, or any part thereof, except in ca-.

county. ses allowed by law; which bond shall by such elerk, be transmitted within three months to the clerk of the couns cil for the aime being, to be by him registered and preserved among the papers of the executive, and inay be prosecuted upon, and the penalty thereof recovered against any such county court clerk, at the discretion of the general court, for any mal-leasance of offices and such clerk failing to transmit such bond to the clerk of the council for the time being, within the term aforesaid, sball forfeit and pay one hundred pounds, or près suming to execute his office without entering into such bond, shall forseit and pay two hundred pounds, and suffer three months imprisonment...

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 res cords and papers of the same, or any part thereof, with out the county, except in cases of actual invasion or insurrection, wltere 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; apy 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 preseribed; any such clerk sailing herein for the space

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VOL. XI.

1

of six months froin the commencement of this act, shall Every clerk forfeit and pay one hundred pounds. Every clerk apa since the 4th pointed since the fourth day of June, one thousand seof June 1776, ven händred and seventy-six, as well as those hereafter to reside in to be appointed, shali moreover reside within the coun. his county. ¢y in which they shall hold their office, undei penalty

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 infornier, 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 Deeember,
one thousand seven hundred aird eighty-five.

VI. And be it further enacted, Thai memorials of
Memorials of
deeds, &c. & all bargains, sales, mortgages, and other conveyances,
certificates of marriage settlements, and deeds of trust, and also lists
administra-

of certificates for obtaining probat or administration, tions to be transmitted

be hereafter transmitted by the clerks of the several by clerks of county courts within the district of Kentucky to the county, to clerk of the said district, and by the elerks of the clerks of gen. other county courts within this wommoňwealth to the eral court.

clerk of the general court, in the manner and at the time
the saine are directed by law to be returned to the se-
cretary's office; and the clerks of the district court of

Kentucky, and of the general court, shall register such To be regis. memorials, and cause the said: list returped to them as corded. aforesaid, to be recorded as heretofore directed by law,

in books to be kept for those purposes, and that for re-
cording 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 Fees,

shall be made, teg pouvds of tobaceo, and also ten
pounds of tobacco for recording each próbat or certifi-
cate of administration; to be collected, levied, and aça
counted for, in the same manner as other clerks-Lees are
directed by law to be collected, levied, and accounted

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CHAP. XXII.

(Chapter LXI in ori.

ginal.) An act giðing John Hoomes the ex

clusive privilege of conveying persons in a stage-coach- to and from certain places for a limited time, , and for other purposes.

I. WHEREAS it is represented to this present ge- John Hoomes neral-assembly, that John Hoomes bạth expended a granted ex: considerable sum of money in the purchase of carriages

clusive privi. and horses, for the purpose of conveying persons and ing persons in

lege of carry. baggage between Richmond and Petersburg, and be stage coaches tween Petersburg-rand, Richmond and Hampton, Nor- between cer

tain places. folk or Portsmouth, which will be productive.of considerable publie convenience and atility: And whereas the said John, Hoomes hath undertaken to keep up and continue the said line of stages as aforesaid, in a proper and suficient manner for the term of three years, therefore it is reasonable that he should possess, fer-a rear sonable time, any emoluments resulting therefrom: II. Be it therefore enacted, That the said John Hodmes shall have the sole and exclusive right of conveying for bire; persons in stage carriages, between Richmond and Petersburg, and between Petersburg and Richmond and Hampton, Norfolk or Portsmouth, by the way of Suffotky 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 bundred 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 that are hereby allowed, he shall forfeit and sal rates. pay double the sum demanded or received, to be recovered with costs; by summons and petition in any comty court of this commonwealth; and if the sun 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 Johm infringing his Hoomes, his agents or servants, establish or run any privilege.

stage carriages between either of the before mentioned places, or any intermediare place or places, or demand or take, directly or indirectly, any fee or reward whatsoever for conveying any person or persons, or their baggage, iu a stage carriage or carriages between either of the above-mentioned places, or ang intermediate place, during the term aforesaid, he or they so offending, shall forfeit and pay for every stage so rùn or established, the sum ef one thousand pounds, and for. every person or ove hundred and fifty pounds of baglgage by him or them so conveyed, the son of one hun. dred pounds, to be recovered with costs, by action of

debt, bill, plaint, or information, iir 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, faithfüly, 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 It Be it thereure enacted, That the said Nathan Twining 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 Jolin Hoomes, and that the same shall be as good .

and efectuat as if it had been given or entered into by the tine, limited in the said recited act,

of

sidn shall take OCTOBER 1784-9th Or COMMONWEALTH. 469 CHAP. XXII.

Ch. LXII in

original. An act for dividing the county of Jef; ferson into two distinct counties. 1. BE it enacted by the General Assembly, That from

Jefferson and after the first day of January next, the county

county divid

ed, and Nel Jefferson shall be divided into distinct counties by. Salt son formed. riyer; and that part of the said county lying south of the said river shalt 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

Court days. county of Nelson shall be held by the justices thereof law for other counties, and shall be by their commissions directed; that the justices to be named in the commission bf 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 sito uation and convenience will admit of, and thenceforth the said court shall proceed tv 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 a 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

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