Preamble.

CHAP. LIII.

An act for regulating certain tobacco fees, and for other purposes.

WHEREAS the fees allowed to certain officers by an act of assembly entitled "An act to amend an act entitled An act for the better regulating and collecting certain officers fees, and other purposes," and the allowance made by law to witnesses in civil causes for attendance and travelling are very inadequate to the trouble and expenses; Be it enacted, That all persons who shall be chargeable with tobacco for any of the services in the said act mentioned, or for witnesses attendance, except in cases already provided for by "An act for punishing persons guilty of certain thefts and forgeries, and for fixing the allowance to sheriffs, veniremen, and witnesses, in certain cases," or who shall hereafter be chargeable with tobacco for any of the services herein after mentioned, shall at their election, discharge the same either in tobacco or money at the rate of three pounds for every hundred pounds of gross tobacco, to be levied and collected as the law directs. That the surveyor of the several counties, and the clerk of the general court, besides the fees heretofore allowed, and the register of the land office, shall respectively be entitled to the fees herein after mentioned, to be paid by the party at whose instance any such service shall be performed at the time of his or her requiring the same, or by the respective county courts, or the treasurer as the case may be, that is Fees of sur- to say: To the surveyors for receiving a warrant of survey and giving a receipt therefor, ten pounds of tobacco. For recording a certificate from the commissioners of any district of a claim to land allowed by them to be paid by the claimant ten pounds of tobacFor making an entry for land or for a copy thereof, ten pounds of tobacco. For a copy of a plat of land or of a certificate of survey, twenty five pounds of tobacco. For every tract of land mentioned in the list of surveys returned to the office of the clerk of any county court, to be paid by the treasurer on the auditors warrant, two pounds of tobacco. To the clerk

vey ors.

CO.

Co.

Of clerk of

Of register

fice.

of the general court for entering a caveat or for a copy thereof, twenty pounds of tobacco. For every pro- general cess and all other proceedings thereupon, the same court. fees as in actions and suits. To the register of the land office for issuing a warrant of survey and recording the same, together with the rights or certifi- of land of cates on which it is founded, for any quantity of lands not exceeding one thousand acres, thirty pounds of tobacco: If the quantity exceed one thousand acres, and does not exceed two thousand acres, forty pounds of tobacco. If the quantity exceed two thousand acres, fifty pounds of tobacco. For every warrant issued in exchange of another warrant, or where lands claimed under a former warrant shall be recovered upon a caveat and recording the same, twenty pounds of tobacFor recording a list of certificates of rights proved in any county court, or allowed by the commissioners of any district, to be paid by the treasurer on the auditors warrant, for every certificate mentioned in such list, five pounds of tobacco. For receiving a plat and certificate of survey, giving a receipt therefor, issuing and recording a grant thereupon, together with such plat and certificate, if the quantity therein contained shall not exceed four hundred acres, forty pounds of tobacco. And for every hundred acres more. than four hundred, and so in proportion, five pounds of tobacco. For entering a caveat or for a copy thereof, twenty pounds of tobacco. For a copy of a plat of land or of a certificate of survey, twenty five pounds of tobacco. For a copy of any patent or grant for land, thirty pounds of tobacco. For a search for any thing or for reading the same, where a copy shall not be required, ten pounds of tobacco. And that every Witnesses, witness attending upon summons, the high court of attending chancery, general court, or the court of admiralty, superior shall be paid by the party at whose suit the summons courts, issued, two pounds of tobacco per mile for coming to the place where he or she was summoned to appear, and the same for returning, besides ferriages, and one hundred pounds of tobacco per day for attendance, until he or she shall be discharged, and that every per

son summoned to appear as a witness at any county Or inferior or other inferior court, or upon any survey of land, courts, or and being an inhabitant of the same county, shall be upon surpaid by the person or persons at whose suit the sum

veys.

mons issued, fifty pounds of tobacco for every day's attendance upon such summons. And every person residing in, and summoned out of another county, shall have the said allowance of fifty pounds of tobacco per day for attendance, and be paid for travelling and ferriages to and from court, as witnesses in the superiour courts, to be paid by the party or parties summoning him or her. And be it farther enacted, That the said recited act and every other act so far as the same relate to the giving of fees to any of the said officers for the services herein before mentioned, or for allowing persons chargeable with officers fees or witnesses attendance to pay the same either in money or tobacco, shall be, and the same is hereby repealed.

Act appoint. ing place for bolding high court of

court, and

CHAP. LIV.

An act for continuing an act entitled An act appointing the place for holding the High Court of Chan, cery and General Court, and empowering the said High Court of Chancery to appoint their own ser jeant at arms.

WHEREAS the act of assembly, entitled "An act appointing the place for holding the high court of chancery and general court, and empowering the said chancery, & high court of chancery to appoint their own serjeant general at arms," will expire at the end of this present session empowering of assembly, and it is necessary the same should be the former continued, Be it therefore enacted, That the said recito appoint ted act shall continue and be in force from and after their ser- the expiration thereof, for and during the term of one jeant at arms further year, and from thence to the end of the next session of continued. assembly.

CHAP. LV.

An act declaring who shall be deem- [From Revi ed citizens of this commonwealth.

sed Bills of 1779, chap.

LV. p. 41.]

Who shall

monwealth.

ed.

BE it enacted by the General Assembly, That all white persons born within the territory of this com- be deemed monwealth, and all who have resided therein two years citizens of next before the passing of this act; and all who shall this comhereafter migrate into the same, other than alien enemies, and shall before any court of record, give satisfactory proof by their own oath or affirmation that they intend to reside therein; and moreover shall give assurance of fidelity to the commonwealth; and all infants wheresoever born, whose father if living, or other- Citizenship, how acquirwise whose mother was a citizen at the time of their birth, or who migrate hither, their father if living, or otherwise their mother, becoming a citizen, or who migrate hither without father or mother, shall be deemed citizens of this commonwealth, until they relinquish that character in manner as herein after expressed; and Who deemall others not being citizens of any the United States ed aliens. of America shall be deemed aliens. The clerk of the court shall enter such oath of record, and give the person taking the same, a certificate thereof, for which he shall receive the fee of one dollar. And in order to preserve to the citizens of this commonwealth that natural right which all men have of relinquishing the country in which birth or other accident may have thrown them, and seeking subsistence and happiness wheresoever they may be able, or may hope to find them: And to declare unequivocally what circumstances shall be deemed evidence of an intention in any citizen to exercise that right, It is enacted and declared, That whensoever any citizen of this commonwealth, Expatriation shall by word of mouth in the presence of the court of right of, how the county wherein he resides, or of the general court, or by deed in writing under his hand and seal, executed in the presence of three witnesses, and by them proved in either of the said courts, openly declare to the same court that he relinquishes the character of a citizen and shall depart the commonwealth, such person shall be considered as having exercised his natuVOL. X.

R

exercised.

Free white

inhabitants

of other of

state.

Fugitives

in other

ral right of expatriating himself, and shall be deemed no citizen of this commonwealth from the time of his departure. The free white inhabitants of every of the states, parties to the American confederation, paupers, the United Vagabonds, and fugitives from justice excepted, shall States, enti- be entitled to all rights, privileges, and immunities of tled to privi- free citizens in this commonwealth, and shall have free leges of citizens of this egress and regress to and from the same, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the citizens of this commonwealth. And if from justice, any person guilty of or charged with treason, felony, or other high misdemeanor, in any of the said states, states, how shall flee from justice, and be found in this commonapprehend wealth, he shall upon demand of the governour or executive power of the state from which he fled, be delivered up to be removed to the state, having jurisdiction of his offence. Where any person holding proForfeiture perty within this commonwealth, shall be attainted of property, within any of the said states, parties to the said conby attainder, federation of any of those crimes which by the laws of this commonwealth shall be punishable by forfeiture fects pro- of such property, the said property shall be disposed perty in this. of in the same manner as it would have been if the owner thereof had been attainted of the like crime in this commonwealth.

ed and delivered up.

in other

states, af