Taxes to be paid down.

Clerks, when to account

aud pay.

Tax on trans

fer of survey ors' certifi

cates.

Notarial seals

Seal of commonwealth.

practice in any inferior court, for each court twenty shillings. And for the more effectual collection of the said taxes,

III. Be it enacted, That no writ, subpœna, citation, or any writ of error, supersedeas, certiorari, or habeas corpus, cum causa, shall be issued, or declaration in ejectment filed, by any clerk, unless the taxes hereby respectively imposed thereon be first paid down; that in all appeals, no transcript of the record shall be delivered to the appellant by the clerk of the court, or forwarded by him to a superior court, before the tax imposed thereon be paid; that no certificate under the seal of any county or corporation, shall be granted until the tax thereon shall have been first paid to the clerk keeping such seal; that no attorney be admitted to take the oath required by law, or to appear in any suit in the court of appeals, in a superior court, or the court of the district of Kentucky, or in any county or other Inferior court, until he shall have first paid the tax hereby imposed on such admission to the clerk of the court. Provided, That after an admission of an attore ney into any one of the superior courts, including the court of appeals, no tax shall be required for his admission into either of the other superior courts.

IV And be it further enacted, That the clerks of the several courts aforesaid shall respectively, on or before the first day of April, and first day of October, in every year, account for on oath, and pay into the public treasury, all the monies which by this act they are authorized to receive, after a deduction of five per centum therefrom, as a commission for the service hereby imposed;

shall, on conviction thereof; be deprived of his office. *

shall, on con of
fraud herein by any clerk, he

V. And be it further enacted, That there shall be paid two shillings and six pence for every transfer of a surveyor's certificate for land, to be collected by the register of the land office before the issuing of the patent; for every attestation, protestation, and all other instruments of publication from a notary public, under his seal of office, two shillings and six pence, to be collected and accounted for by the said notary public; and six shillings for each certificate under the seal of the commonwealth, to be collected by the clerk of the council before the delivery of such certificate; which last mentioned taxes shall be accounted for and paid in

the like manner, and with the like commission for collecting, as is directed in the case of other taxes imposed by this act. This act shall commence and he in force. from and after the first day of March next.

CHAP. IX.

An act concerning entries and sur veys on the western waters.

(Ch. XLVIE in original.J

1. WHEREAS several persons, having early entries Preamble and locations for large tracts of land, in order to procrastinate the charge of surveying and the payment of taxes, refuse or neglect to survey them, while others, who have adjacent entries and locations of later date, are desirous to sue out grants and pay taxes for their lands: In aid therefore of the present means to compel surveys upon the said entries;

ern waters, already made

11. Be it enacted, That all entries made in the coun- Limitation for ty surveyors books on the western waters, other than surveying enthe entries made by virtue of officers and soldiers claims tries on westfor military services, before the passing of this act, shall be surveyed, and the surveys thereof returned as the law directs on or before the first day of February, one thousand seven hundred and eighty-six; and that all future entries on the said waters, shall be in like manner surveyed and returned within one year after the date of every such entry. If any entry shall not be surveyed and returned within the terms aforesaid, it shall be Jawful for any person to enter for and locate the said lands, in like manner as if such prior entry had not been made.

Of future entries.

Forfeiture, for neglect.

F.3

ginal.]

An act for establishing several new
ferries.

New ferries I. BE it enacted by the General Assembly, That established. public ferries shall be constantly kept at the following places, and the rates for passing the same as followeth, that is to say: From the lands of Ralph Humphreys, in the county of Hampshire, across the south branch of Potowmack river to the opposite shore, for a man four pence, and for a horse the same; from the lands of Henry Martin, the younger, in the county of Fluvanna, across the north fork of James river to the opposite shore, for a man four pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other beasts, at the places aforesaid, the ferrykeepers may demand and take the same rates as are by. law established at other ferries, and no more. If the ferry-keeper at either of the said places, shall demand

CHAP. XII.

An act appropriating the fees of the land office in aid of the public reve nue, and placing the register, his deputies and assistants, on the civil list.

1. THE profits accruing to the register of the land office being much greater than the legislature expected or intended at the appointment of that officer, and greater than the duties of that office require;

[Chap. Li

in original.]

treasury.

When regis

II. Be it therefore enacted, That from and after the Fees of land first day of February next, all the fees thereafter to be office to be received by the register, deputy register, or any other paid into the person, for services of every nature and kind whatsoe ver, to be performed in the land office, shall be accounted for with the auditors, and paid regularly into the treasury, at the end of every six months, in the following manner: The deputy register shall account, on oath, with the register of the land office, for all fees by ter to ac him received from time to time, and the register of the count. land office shall in like manner account with the auditors of public accounts for the whole profits, making. oath that the fees so accounted for are the whole profits accruing from the said office, so far as he knows or believes, up to the date of such account, and moreover his accounts of fees received shall be fairly stated, and compared by an auditor with the books of his office, before the account shall be passed. If the register of the land office shall at any time fail to account, according to the directions of this act, for the space of

Penalty for failure.