ting the same, and be duly proved in the same way that deeds of conveyance by feme coverts are required to be acknowledged and proved.

Where any conveyance for lands in this state, shall be made by husband and wife residing in any of the United States other than this state, or in any of the territories of the United States, and by them personally acknowledged before some one of the judges of the courts of supreme jurisdiction in said state or territory; or where the wife shall personally acknowledge such conveyance before two or more commissioners duly authorised to take such acknowledgment under a commission issued from some court of record in said state or territory, the wife being first privily examined before said judge or commissioners whether she doth voluntarily assent thereto, and an attestation of such acknowledgement endorsed on or af fixed to said deed or commission, by the said judge or commissioners, and the certificate of the governor of the said state or territory duly authenticated and annexed to said deed that the judge before whom such acknowledgement was taken was, at the time of the taking thereof, one of the judges of the courts of supreme jurisdiction in said state or territory, or that the court which issued such commission is a court of record, and the person signing said commission is clerk of the said court, such deed shall, upon being exhibited to the court of pleas and quarter sessions of the county where such lands lie, or one of the judges of the superior courts, be ordered to be registered with the certificates and commission endorsed thereon, or annexed thereto; and when so registered, shall be valid; and shall be received in evidence in the courts of law and equity, without further proof.

Any deed for the conveyance of lands in this state, or any power of attorney to convey lands in this state, made by husband and wife who reside in foreign parts, or without the limits of the United States, which shall be personally acknowledged before the mayor, or other chief magistrate of any city, town, or corporation, the wife being first privily examined by such mayor or chief magistrate, whether she doth voluntarily assent thereto, shall upon being exhibited to the court of pleas and quarter sessions of the county where such land lies, or one of the judges of the superior courts of this state, be ordered to be registered, and shall be registered in the same manner as if such deed or power had been proved or acknowledged in open court of the county where the lands lie, and shall be valid; and when so registered, shall be received in evidence, without further proof,

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Every planter shall make a sufficient fence about his cleared ground under cultivation, at least five feet high, unless where some navigable stream or deep water course shall be, that may be deemed sufficient instead of a fence aforesaid.

Upon complaint made by any person to any justice of the peace of the county, of any trespass or damage done by horses, cattle, or hogs, it shall and may be lawful for such justice, and he is hereby authorised and required to cause to be summoned two freeholders indifferently chosen, who together with himself, shall view and examine, on oath, whether the complainant's fence be sufficient or not, and what damage he hath sustained by means of the trespass, and certify the same under their hands and seals. And if it shall appear that the said fence be sufficient, then the owner of such horses, cattle, or hogs shall make full satisfaction for the trespass or damages to the party injured, to be recovered before any jurisdiction having cognizance thereof. But if it shall appear that the said fence be insufficient, then the owner of such horses, cattle, or hogs shall not be liable to make satisfaction for such injury or damage as aforesaid.

If any person whose fence shall be adjudged insufficient, shall with gun, dogs, or otherwise, unreasonably chase, worry, maim, or kill any horses, cattle, or hogs, or cause the same to be done, such person so offending shall make full satisfaction for all such damages to the party injured, to be recovered as aforesaid.

All persons neglecting during crop time to keep up and repair their fences in manner aforesaid, shall be liable to be indicted in the court of the county wherein such fields shall be situated; and upon conviction of such neglect shall pay for each offence such fine as the court shall think fit to impose, not to exceed however the sum of fifty pounds which fines shall go to the use of the poor of the county wherein the recovery shall have been made. But the concurring testimony of three indifferent witnesses shall be necessary to the conviction.

If any slave shall kill any cattle, hog, or horse, not belong ing to his master, in any cultivated field which is not fenced at all, or which is not under sufficient and lawful fence, he or she within any time within six months after, shall be liable to be apprehended on a warrant from any justice of the peace of the county, and on conviction before two of the neighbouring justices, shall be subject to and receive thirty-nine lashes on

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FINES.........FIREWOOD.........FISH.

his or her bare back. And the owner or overseer of such slave, so offending as aforesaid, shall on proof of the offence committed by such slave, pay all damages that shall be adjudged to have been sustained by the owner of the hog, horse, or cattle so killed as aforesaid, by any jurisdiction having cognizance thereof.

FERRIES See Roads and Ferries.

FINES.

The several courts of pleas and quarter sessions in this state have power to remit or mitigate all forfeitures on recognizances previous to entering final judgment thereon; provided five of the justices of said county be present. And they have also power to remit or mitigate all fines by them inflicted; provided there are seven justices on the bench, and provided three of them shall have been present when the said fine was inflicted.

FIRE-HUNTING-See Hunting

FIREWOOD.

All firewood sold in the towns established within this state by legislative authority, shall be sold by the cord and no otherwise, and each cord shall contain eight feet in length, four feet in height, and four feet in breadth, and shall be corded by the carter or seller, under the penalty of twenty shillings for each offence; to be recovered against the owner or seller, to the use of the informer.

1

FISH.

The courts of pleas and quarter sessions may and shall appoint commisioners to examine and lay off the rivers in their county. And where the river is a boundary between two counties, to lay off the river on the side of the county appointing such commissioners. And further, such commissioners shall in laying off the rivers allow three-fourths of such rivers for the owner or owners of the same, for the purpose of erecting stops, dams, and stands; and one-fourth

part, including the deepest water of the river and creeks, they shall leave open for the passage of fish, marking and designating the same in the best manner they can. And where any mill or mills are built across any such river or rivers, and slopes are or may be necessary, commissioners shall be appointed as above, who shall lay off such slope or slopes, and determine the length of time such shall be kept open. And such commissioners shall and they are required to return to their respective county courts, a plan of such falls, dams, and other parts of rivers as may have been thought necessary to survey as above.

All persons who shall hereafter erect any stand, dam, weir, or hedge in such part of the river as by law is required to be left open for the passage of fish, or who shall not make and keep open any such slope as the commissioners may judge necessary, shall forfeit and pay five pounds for every twenty-four hours any person shall keep up, erect, or make any such stop, dam, stand, weir, or hedge, or dam up or stop any such slope, to be recovered by any person suing for the same, one-half to his own use, the other half to be applied to the use of the county, either by warrant before a justice of the peace, or in a court of law, as the case may require.

It shall not be lawful for any person in this state to set or cause to be set any net of any description across the main channel of any navigable river or creek in this state, under the penalty of twenty pounds, to be recovered by any person suing for the same, to his or her own use, before any jurisdiction having cognizance thereof.

If any servant or slave shall be guilty of the aforesaid offence, without the knowledge or consent of his or her master or mistress, he or she so offending, shall have and receive thirty-nine lashes on his or her bare back.

There are many private acts varying the general law on this subject.

FORCIBLE ENTRY AND DETAINER.

A forcible entry is when one or more persons, furnished with unusual weapons, do violently enter the house or land of another; or do use violent and threatening words to the terror of another, or some other actual violence or terror, and by that means gain the possession; or if one or more do enter peaceably, and then forcibly put another out of his possession.

A forcible detainer is when one or more have entered peaceably, and detain the possession with force, with arms, or with an unusual number of people, or with threatenings to defend it.

The party grieved may have remedy three ways. 1st, By action of trespass, wherein he shall recover treble damages. 2dly, By indictment in the superior or county court, whereupon the offender shall be fined, and the party restored to his possession by a writ of restitution awarded by the court for that purpose, to the sheriff; or by indictment at the common law, wherein he shall be fined simply-3 Burr. 1732. 3dly, By complaint to a justice of the peace.

With respect to the latter, or complaint to a justice, there are two ways of proceeding. The first way is when a forcible entry is made into any lands, tenements, or other possessions, for one or more justices of the county, taking sufficient power of the county, to go to the place so kept by force; and if he or they find any that hold such place forcibly, after a forcible entry made therein, he may commit the offender to jail until he pay a fine to the state; such fine to be laid by the justice; and he shall make a record of such force by him seen, which will be a sufficient conviction of the offenders, and the parties will not be allowed to traverse it. This record may be kept by him, or he may make two of them, keeping one, and cer tifying the other into the superior court. But when the proceeding is in this way, the justice cannot commit the offender, unless he see the force himself. The justice need not set the fine upon the spot; but may take a reasonable time to consi der of it, for the commitment is to be till he has paid the fine. The fine must be laid upon every offender severally, and not upon them jointly. If however the fine be paid to the sheriff, or sureties be found by recognizance for the payment thereof, the justice may release the offender from imprisonment.

The justice ought to proceed upon information or know. ledge of such force, though no complaint be made to him by the party grieved. All persons upon notice, as well the sheriff as others, must attend upon the justice, and assist him to arrest the offenders, or they shall be fined and imprisoned upon indictment for disobedience in the county court or superior court. If the doors be shut, and those within refuse entrance to the justice, he may break open the doors to remove the force.

By this mode of proceeding the party ousted cannot be restored to his possession by the justice's view of the force, nor can the justice proceed in this way against those who entered