Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-04-14

ination by three judges, as heretofore re-
quired.
An &C, regulating the costs 10 rrosecu-
tons for crimes and mIsdemcanors re-
auircs the clerks Of courts to advance
postage on oil process transmitted by them
beyond the limits Of their counties, the
said amount to be paid out Of the public
treasury, upon being certified by their
courts 10 the Auditor; provides that in
oil prosecutions on the part Of the State
fs crimes and misdemeanors, all recog.
nizances for breaches Of the peace, and
all other offences now or hereafter requir.
ed to be prosecuted, il shall be the duty
Of the clerks of courts snI justices Of the
peace, where the defendant shall be con-
victed, 10 tax all costs TO which the State
Is liable, including fees Of constsbles Tor
ar,esting and conveying 20 jail, for sum-
moning witnesses, and all allowance or
fees to iaiiors, and TO issue execution
thereof against such defendant; ana me
Justice is required to certify the execution
aud the amount thereof to the clerk OF the
court OF bis county; and the clerk, when
the execution is returned satisfied, IS re-
uni,ed 10 certify the same to the Auditor
IN his list OF fines, and il he fails 10 do so
hr IS liable to the same fine imposed for
failing 10 return such list Of fines within
the time prescribed by law.
An act concerning public or county
bridges provides that il shall not be law
fuI fJr any person TO use any public or
county bridge as wharf from which yes
sells OF boats may be loaded or unloaded,
nor as place Of deposite for any goods,
wares, merchandise or property Of any
kind, nor TO make fast the vessel to such
bridge or lay il alongside the same in any
manner whatsoever and for every such
offence the offender shall be liable 10 a
fine no, less than FIVE nor more than TWEEN
" dollars, TO be recovered by warrant be-
fore justice Of the peace.
An act concerning the Staunton and
Parkersburg and Northwestern roads !;
repeats 80 much Of any act as authorizes
the width Of the road TO be reduced, and
directs both of said roads to be made six
" feet wide throughout; prohibits any
unauthorized person from making any
change in either of the said roads, from
filling up or altering the cutters, from OBJ
stracting or committing any trespass
whatever on Tho same, and for so doing
declares the offender guilty Of misde.
meanoi. to be punished accordingly.
An act concerning the testatum cap'as ];
pioyi1es that in all cases Of arrest under
such writ, the officer making the arrest
shall (unless the defendant give bail &C.
cording to law) forthwith proceed to re-
move said defendant. to the county from
which tho writ issued, and deliver him to
the sheriff or j,ilor Of said county, for
which removal the officer shall DO entitled
10 receive Of the party at whose suit such
ares, was made, the same compensation
rs is now allowed for attending criminal
10 the penitentiary, and all necessary ex.
penses incurred for the party arrested,
during the time Of removal, TO be recover.
ed as sherff's fees are now recoverable by
law.
An act concerning the administration
Of real assets; provides, that where any
person shall die leaving real estate, which,
by his will, is not charged with the pay
men, Of bis debts, the snme shall be assets
TO DO adm ;ni.tercd in courts Of equity,
ra,eably for the payment Of all just debts
Of such person, as well debts on simple
contracts as on specially; but oil crcdi.
tors, By specially. in which the heirs are
bound, made before this act, are to be
paid the full amount due them before cred.
TORS By simple contract or specially where
the heirs are not bound, are to be paid
INV par; OF their demands; md no debt
not evidenced by writing, signed by the
creditor or by his direction, shall be charg-
ed on the real estate; judgments or spe.
cifc liens not 10 be deprived by thus act
Of the priority 10 which they are entitled.
No testamentary provision charging the
real estate with the payment Of debts to
be bar 10 the statute Of Limitations a.
panst such debts, unless it plainly appear
10 be the intent Of such provision that the
sta,ute shall be no bar. And no debt TO
be protected against the operation of said
statute by this act, nor by any assumps't
Of the executor or administrator, so os to
charge the real estate in possession Of the
heirs or devsees with the payment there.
of. The ac, further prescribes that no
suit shall hereafter be instituted in court
of law by a creditor agains, an heir or de-
visee for real assets descended, but such
suits shall be brought in courts Of equity,
and governed by the principles of this act.
An act to regulate certain practices
under license granted to auc,ioneers, ven
duo masters, commission merchants and
brokers prohibits auc,ioneers from sell.
ing under license, in any other place than
,hnt in which such license shall have been
granted, and for so doing shall be liable
10 all penalties imposed for selling without
license; prohibits commission merchants
from selling as auctioneers under authori.
~ OF their license as merchants, and all
Wholesale or retail merchants from selling
as auc.ioneers any other articles than
such as are their own bona fde property,
.ubjcc, to the same penalties. The act
defines brokers to be those who buy, ex-
change or sell on commission, or as agent
or attorney for another, or fora profit,
ME notes, shares or stock Of any bank,
o, who shall buy or sell any public stocks
or any kind, or any bill OF exchange, 70.
reign or domestic, or any draft or negotI-
able note, or cithtt of them, on commits.
sion, or for q profit; and provides tina,
any such person who shall buy, sell or