with costs, to be recovered in any court of record in this State, and no imparlance or delay shall be allowed therein. SEC. 36. The clerks of the several courts aforesaid, probate justices and justices. of the peace, respectively, shall be required to set up in some conspicuous place in each of their offices, and there continually keep a fair and complete table of their fees, allowed by this chapter; and if any such officer shall fail to comply with the provisions of this section, or shall, at any time hereafter, for ten days together, not have such table continually kept up as aforesaid, he shall forfeit and pay for every such neglect, the sum of ten dollars, to be recovered before any justice of the peace of the proper county, to the use of any person or persons who may inform and sue for the same. SEC. 37. The clerks of the courts of county commissioners shall not charge any fees for issuing writs of election, comparing election returns, issuing notices to supervisors of roads, issuing certificates of allowances made to individuals by the court, or for any other services rendered the county; but the courts shall allow their respective clerks such reasonable compensation as they may think right, as an ex officio fee, not exceeding twenty dollars per annum, exclusive of a reasonable allowance per day, for their attendance on the courts in term time. SEC. 38. Every officer authorized by law to take proofs or acknowledgments of deeds, is allowed a fee of twenty-five cents, for each deed proved or acknowledged before him. SEC. 39. It shall be the duty of the clerk of any circuit court in this State, in all cases where fees are remaining, belonging to and unpaid, in cases in the said court, whether disposed of or not, to the predecessor of said clerk, upon request of the said predecessor, his heirs or legal representatives, to issue his fee bill or execution therefor, as the case may be, under the seal of said court, and said fee bill shall have the force and effect of an execution; and the said clerk shall have no claim upon his said predecessor for the fees of issuing said fee bill or execution, but shall look to the party in the case liable therefor. SECTION 13. Proprietor of ferry, toll bridge or turnpike SECTION road, to show cause why same shall not be discontinued for neglect of duty. 14. Annual tax, amount of, and how assessed. 15. County may purchase. 16. Keeping without license, penalty for. SECTION 1. Whenever it shall be considered necessary to establish a ferry or toll bridge across any lake, river, creek, or any other water course within the limits or upon the borders of this State, or to turnpike or causeway any public road or highway, it shall be the duty of the county commissioners' court of the proper county, on due application being made by any qualified person or persons, to establish and confirm the same by a special order, to be made for that purpose, under such regulations, restrictions and forfeitures as are hereinafter directed and pointed out: Provided, That no such application shall avail any such person or persons as aforesaid, unless his, her or their intention in relation thereto, shall have been previously published in some public newspaper printed in this State, or advertised on the door of the court house, and in three other of the most public places in the county, in which such ferry, toll bridge or turnpike road is proposed to be established, for at least four weeks successively, next preceding the sitting of the court at which the same shall be made: And, provided further, That the proprietor or proprietors of the lands adjoining to, or embracing such water course as aforesaid, over which any such ferry or toll bridge shall be proposed to be established as aforesaid, or where any such turnpike road shall pass as aforesaid, shall, at all times, have the preference in establishing or erecting the same, in all cases where application shall be made for that purpose, before such privilege shall have been granted to any other person or persons as aforesaid. SEC. 2. When any ferry, toll bridge or turnpike road shall be established as aforesaid, it shall be the duty of the court establishing the same, to direct their clerk to issue to the proprietor or proprietors thereof, a license under the seal of such court, to keep the same according to law: Frovided, That such proprietor or proprietors as aforesaid, to whom any such license may be directed to be issued as aforesaid, shall, before the issuing thereof, pay into the county treasury, or to such person or persons as shall be authorized to receive the same, the amount of the first year's tax, which may be assessed upon such ferry, toll bridge or turnpike road, by said court, and specified in the order establishing the same, and enter into bond with one or more sufficient securities, to be approved by the court, in a sum not less than one hundred, nor more than five hundred dollars; payable to the county commissioners of the proper county, and their successor in office, for the use of such county, with a condition therein contained, that he, she or they, will keep such ferry, toll bridge, or turnpike road according to law; and if default shall, at any time, be made in the condition of said bond, damages, not exceeding the penalties therein mentioned, may be sued for, and recovered in the name of the county commissioners for the use of the county wherein such ferry, toll bridge or turnpike road shall have been established, in any court having competent jurisdiction. SEC. 3. Each ferry-keeper shall be furnished and provided with a good tight boat or boats, if more than one be necessary, and other small craft of sufficient number, dimensions, strength and steadiness, for the safe and speedy transportation of all passengers, their teams, horses, cattle and other animals, as well as their goods, chattels and effects; and the said boat or boats, and other small craft shall, at all times, be well furnished with suitable oars, setting poles, rigging and other imple ments necessary for the service thereof; and also with men of sufficient number, strength, discretion and skill to manage the same; and such ferry-keeper shall, at all times, keep the place of embarking and landing in good repair, by cutting away the banks and erecting wharves and causeways when necessary, so that passengers, their teams, horses, cattle and other property, may be embarked and landed without danger or unnecessary delay. SEC. 4. Every keeper of a toll bridge or turnpike road, shall, in like manner, be required to keep the same at all times in good repair, so as to afford a safe and speedy passage to all persons, their teams, horses, cattle and other animals, who may have occasion to use the same. SEC. 5. Every keeper of a ferry, toll bridge or turnpike road as aforesaid, shall give constant and diligent attention to the same, from daylight in the morning until dark in the evening of each day, and shall give passage to all public messengers and expresses, to all grand and petit jurors, when going to and returning from court, without any fee or reward whatever: Provided, That no messenger or express shall be considered as being sent on public service, within the meaning of this chapter, unless he shall have been dispatched by a commander-in-chief, major or brigadier general, colonel, lieutenant-colonel, major or commandant of some military post or establishment, to the governor or commander-in-chief of the militia of this State, or vice versa; and the dispatch carried by such messenger or express, be indorsed, "on public service," and signed by the officer sending the same. And all such keepers of ferries, toll bridges and turnpike roads as aforesaid, shall also be obliged at any hour of the night, if required, except in cases of evident danger, to give passage to all public messengers and expresses as aforesaid; and also to all other persons requiring the same, on their paying or tendering double the rate of ferriage or toll allowed to be taken during the day time. And if any such keeper of a ferry, toll bridge or turnpike road as aforesaid shall, at any time, neglect or refuse to give passage to such person or persons, or their property as aforesaid, he or she so offending, shall forfeit and pay five dollars for every such offence to the party aggrieved, before any justice of the peace of the county wherein such offence shall be committed, and shall also be liable to an action on the case, for any special damage which any such person may sustain in consequence of such neglect or refusal. But no ferryman shall be required to put off from shore, or to attempt to pass any such water course as aforesaid, when it manifestly appears to be hazardous so to do, by reason of any flood, storm, tempest or ice; nor shall any keeper of a ferry, toll bridge, or turnpike road as aforesaid, be compellable, (except as is hereinbefore excepted,) to give passage to any person or persons, or to his, her or their property as aforesaid, until the fare or toll properly chargeable by such keeper, shall have been fully paid or tendered; and every juryman, to entitle him to the benefit of this section, shall produce to the ferry-keeper, &c., the certificate of the sheriff of his county, that he has been duly summoned to serve on the grand or petit jury at the term of the court, to or from which he is going. SEC. 6. The county commissioners' courts in their respective counties, are authorized and required to fix, from time to time, the rates, fare or toll, which each keeper of any ferry, toll bridge or turnpike road, shall hereafter demand for the passage of all persons, wagons, carts, carriages, horses, cattle, sheep, hogs and other property, having due regard to the breadth and situation of the stream or water course over which such ferry or bridge shall be established, the dangers and difficulties incident thereto, the length, breadth and quality of the road, and the pub licity of the place at which the same shall have been established. And every such keeper of a ferry, toll bridge or turnpike road as aforesaid, who shall, at any time, demand and take more than the fare or toll so stated and allowed as aforesaid, shall forfeit and pay to the party aggrieved, for every such offence, the sum of five dollars over and above the amount which shall be thus illegally demanded and taken, to be recovered before any justice of the peace of the county wherein such offence shall be committed. SEC. 7. Each keeper of a ferry, toll bridge or turnpike road, which now is or shall hereafter be established in this State, shall be required to set or post up in some conspicuous place, immediately adjoining his or her ferry landing, toll bridge or turnpike gate, a painted, printed or written list of the several rates or fares, which shall be chargeable at such ferry, toll bridge or turnpike gate, so that the same shall not exceed those which shall, from time to time, be allowed by law; which said lists of fares or rates as aforesaid, shall at all times, be painted, printed or written in a plain, legible manner, and posted up so near the place or places where persons shall pass across such ferry, toll bridge or turnpike road as aforesaid, that the same shall be open and legible to all such passengers: And if, at any time, any such keeper as aforesaid, shall refuse or neglect to put up such list of rates or fares as aforesaid, it shall not be lawful to charge any ferriage or toll, or to take any compensation whatever, at any such ferry, toll bridge or turnpike gate, during such delinquency. SEC. 8. All persons shall be received into such ferry boats or other vessels as aforesaid, and conveyed across the water course over which the same shall be established, according to their arrival or first coming to the said ferry: And if any ferry-keeper shall act contrary to this regulation, he shall forfeit and pay the sum of three dollars for every such offence, to the party aggrieved, recoverable before any justice of the peace of the county wherein such offence shall have been committed: Provided, That all public officers, or such as go on public or urgent occasion, as post riders, couriers, physicians, surgeons and midwives, shall, in all cases, be the first carried over, where all can not go at the same time. SEC. 9. The owner or owners, keeper or keepers, at all ferries and toll bridges, which now are, or hereafter shall be established by law, and kept agreeably to this chapter, shall have the exclusive privilege of the transportation, or passage of all persons, their teams, horses, cattle and other property over or across the same, and be entitled to all the fare by law arising therefrom: Provided, That nothing herein contained shall be construed to prevent any person or persons from crossing any stream or water course, over which any such ferry or toll bridge shall be established as aforesaid, in his or her own boat or other craft, on his or her own business; and also to take in and cross his neighbors where the same is done without fee, and not with intention to injure any ferryman near. SEC. 10. All ferries heretofore established and confirmed over the river Ohio, to the proprietor or proprietor of land on the western shore of said river, by the county commissioner' courts of any of the counties bounded by or situate upon said river, as well as all other ferries and toll bridges which have, at any time, been established over any other of the lakes, rivers, creeks or other water courses, within the limits or upon the borders of this State, and where the same have been kept in operation or repair, from time to time, according to law; and have not at any time since their establishment been discontinued or abandoned, shall be, and they are hereby declared to be established ferries and toll bridges, within the meaning of this chapter. SEC. 11. If any person or persons except those whose ferries or toll bridges are established and confirmed by this chapter, or shall hereafter be established and licensed by some county commissioners' court under the provisions of this chapter, shall, at any time, run any boats or other craft, for the purpose of conveying passengers or their property across any such water course as aforesaid, within three miles of any ferry or toll bridge which now is, or hereafter shall be established as aforesaid, except as is hereinbefore allowed, he, she or they so offending, shall forfeit every such boat or boats, or other craft to the owner or proprietor of the ferry or toll bridge within three miles of which the same shall be run as aforesaid; and the owner or proprietor of such ferry or toll bridge may, at any time after such forfeiture shall have accrued, enter upon and take possession of such boat or boats, or other craft, to his or her own use; and such offender shall, moreover, pay to the proprietor of such ferry or toll bridge as aforesaid, who may be aggrieved as aforesaid, the sum of fifteen dollars for each person who may be thus unlawfully carried or conveyed across any such water course as aforesaid, to be recovered by motion before any justice of the peace of the proper county, upon giving to such offender five days' notice of the time and place of making such motion; which notice may be served on such person or persons, either in or out of the State, by delivering or tendering a copy thereof. SEC. 12. For the encouragement of ferry-keepers, and the keepers of the gates of toll bridges and turnpike roads, and in consideration of their giving a free passage to public messengers and others exempted by this chapter, all men necessarily attending on ferries, toll bridges or turnpike gates in this State, shall be free from military duty, of opening and repairing highways, so far as personal service is required, and from serving on juries. SEC. 13. If any ferry or ferries which now are, or hereafter may be established as aforesaid, shall not be furnished with sufficient boat or boats, or other craft, with the necessary oars, setting poles, rigging, and other implements for the service thereof, and also with a sufficient number of able bodied and skilful ferrymen, as is provided in the third section of this chapter, within three months from the establishment thereof, or if any toll bridge or turnpike road, which now is, or hereafter shall be established as aforesaid, shall not be erected and completed agreeably to the terms and conditions imposed by the county commissioners' court, within twelve months after the establishment thereof, or if any such ferry, toll bridge or turnpike road shall not, at any time hereafter, be kept in good condition and repair, agreeably to the provisions of this chapter, or if the same shall, at any time be abandoned, disused or unfrequented for the space of six weeks, it shall and may be lawful for the county commissioners' court of the proper county, on complaint being made, to summon the proprietor or proprietors of such ferry, toll bridge or turnpike road, to show cause why the same should not be discontinued, and their license revoked; and decide thereon according to the testimony adduced, and as shall be agreeable to equity and justice; which decision, when made, shall be valid in law to all intents and purposes, but subject to appeal to the circuit court, as in other cases. SEC. 14. All ferries, toll bridges and turnpike roads, which now are, or hereafter may be established as aforesaid, shall be subject to an annual tax of not less than two, nor more than one hundred dollars, in the discretion of the county com |