USA > West Virginia > Hampshire County > History of Hampshire County, West Virginia : from its earliest settlement to the present > Part 20
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HISTORY OF HAMPSHIRE.
fifty-one; brown hickory, fifty-one; cow oak, fifty; service, forty-nine; persimmon, forty-nine; swamp white oak, forty- ยท eight; black thorn, forty-eight; blue ash, forty-seven; bit- ter hickory, forty-seven; chestaut oak, forty-seven; laurel oak, forty-seren; black birch, forty-seven; jack oak, forty- six; scarlet oak, forty-six; white oak, forty-six; sorrel tree, forty-six; sheepberry, forty-six; locust, forty-six; wild plum, forty-five; cockspur thorn, forty-five; Wash- ington thorn, forty-five; small laurel, forty-five; rock elm, forty-five; sugar berry, forty-five; possum oak, forty-five; blue beech, forty-five: yellow oak, forty-four; green ash, forty-four; witch hazel, forty-four; siveet scented crab, forty-four; sugar tree, forty-three; black sugar maple, forty-three; coffee nut, forty-three; chickasaw plum, for- ty-three; crabapple, forty-three; slippery elm, forty-three; Spanish oak, forty-three; pin oak, forty-three; beech, forty-three; dogwood, forty-two; honey locust, forty-two; white ash, forty one; water elm, forty-one; red oak, forty- one; yellow birch, forty-one: sour gum, forty; red bud, forty; big laurel, thirty-nine; red ash, thirty-nine; yellow pine, thirty-eight; black walnut, thirty-eight; red maple, thirty-eight; sweet gum, thirty-seven; red mulberry, thirty-seven; red birch, thirty-six; wild black cherry, thirty-six; holly, thirty-six; prickley ash, thirty-five; snow- drop, thirty-five; sycamore, thirty-five; mountain ash, thirty-four; Indian cherry, thirty-four; striped maple, thirty-three; mountain maple, thirty-three; soft maple, thirty-three; dwarf sumach, thirty-three; pitch pine, thirty-two; wild red cherry, thirty-one; sassafras, thirty- one; sandbar willow, thirty-one; red cedar, thirty-one; hickory pine, thirty-one; cucumber, twenty-nine; black alder, twenty nine; poplar, twenty-nine; black spruce, twenty-nine; black willow, twenty-eight; chestnut, twenty- eight: fetid buckeye, twenty-eight; lin, twenty-eight; elk- wood, twenty-eight; white bass wood, twenty-seven; sweet buckeye, twenty-seven; hemlock, twenty-seven; poison
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WEST VIRGINIA'S FOREST TREES. F
sumach, twenty-seven; box elder, twenty-seven; wafer ash, twenty-six; yellow poplar, twenty-six; pawpaw, twenty-five; butternut, twenty-five; quaking asp, twenty- five; balm of gilead, twenty-four; white pine, twenty-four; white cedar, twenty.
Estimates have been made of the amount of cordwood in the forests of West Virginia, placing the total at six hun- dred and fifty millions of cords. The counties of this state having the smallest proportion of forest are Harri- son and Jefferson; next are Monroe, Mason, Jackson and Roane; third, Preston, Monongalia, Marion, Taylor, Bar- bour, Upshur, Lewis, Doddridge, Tyler, Ritchie, Wood, Ohio, Hancock and Brooke, The fourth group of coun- ties, the densest forest and proportionately largest area, embraces the remainder of the state. In the first group, the cordwood is estimated at five to ten cords per acre; in the second, ten to twenty cords; in the third, twenty to fifty, and in the fourth, over fifty cords. The fourth group includes more than half the state; so, it is not prob- ably out of the way to estimate the quantity of cordwood for the whole state at forty cords per acre.
When woods are seasoned, their capacity for giving out heat in combustion is proportioned to their weights, pro- vided that the two classes, resinous and non-resinous, are compared, each with specimens of its own class. Weight for weight, resinous woods develop about twelve per cent more heat than non-resinous; but, under ordinary circum- stances, resinous woods are not wholly consumed. The smoke carries away much that might be converted into heat, in a proper furnace. For this reason resinous woods are often considered inferior to non-resinous of equal weights in the production of heat. The fault is in the furnace, not in the wood.
A cubic foot of yellow poplar, which weighs twenty-six pounds will develop, in combustion, one-half as much heat as a cubic foot of black hickory, which weighs fifty-two
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HISTORY OF HAMPSHIRE.
pounds. A cubic foot of green wood develops, when burned, as much heat as the same quantity when dry; but the apparent results are not the same, because a portion of the heat from the green wood is required to evaporate the water in the wood. The amount is usually about fifteen per cent. The quantity of heat given out when wood is burned is no more and no less than the quantity absorbed (if the unscientific expression may be used) from the sun- light while the tree was growing. Heat given out from burning wood was obtained from the sun; it follows, then, theoretically, and experiments have proved it, that the process of drying adds nothing to the wood, and that the green stick can develop, in combustion, as much heat as the dry.
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PART II,
County History,
CHAPTER XXII,
COURTS AND OFFICERS.
BY H. L. SWISHER.
But little more than a decade had passed after the settle- ment of Jamestown before the necessity for a tribunal of justice was felt and provided for. The numerous courts of today had their origin in justice courts, or as they are more popularly called, county courts. These were estab- lished in Virginia in 1623-4. In 1652 their members were elected by the house of burgesses. It was not until 1776 that the appointing of these justices became a part of the power of the governor of the state. This power he exercised until 1852. From 1852 to 1863 the county court was com- posed of four justices from each magisterial district into which the county was divided. The power of appointing was taken from the governor and the justices were elected by direct vote of the people. A board of supervisors, with one member from each township of the county, took the place of the county court from 1863 to 1872. The consti- tution of 1872 revived the old county court and it continued until 1880. In 1880 the amendment of the eighth article of the constitution destroyed the county court and established in its stead a board of commissioners, still commonly known as the county court. This board is composed of three members elected by the people of the county and has jurisdiction over the police and fiscal affairs within the coun- ty's area.
The first mention made of a court for Hampshire county, in any records accessible, is June 11, 1755. Who the jus- tices were is not stated, but Archibald Wager was clerk.
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HISTORY OF HAMPSHIRE.
Two years later we find another session of the same court, with a mention of the justices' names and Gabriel Jones as . clerk. Among the powers conferred upon Lord Fairfax, in whose possession the whole area of this county was for many years, we find that he was permitted "to hold a court in the nature of a court baron." This court had power to collect debts not exceeding forty shillings. He also had * power to hold a court leet twice a year.
One of the earliest court records now in the possession of the county clerk is an old order book for the years 1788- 91. Interesting indeed are some of the orders passed by these old courts more than a century ago, and while they may seem trivial to us at this day, they were at that time, no doubt, matters of importance. Let a few instances illustrate. At a session of the justice court held March 14, 1788, Peter Theran was plaintiff in a case of "trespass, assault and battery" against Joseph Powell. The jury found the defendant guilty "in the manner and form as the plaintiff against him hath declared, and they do assess the plaintiff damages by occasion thereof to one penny." Mr. Theran is ordered to proceed at once to collect this mag- nanimous sum, but whether he succeeded or not we shall never know. A more serious verdict was passed, however, by a special session of the court called April 3, 1788, "for the examination of a man who stood committed to the county jail of said county charged with feloniously steal- ing a black mare, the property of John Thompson." The prisoner denied his guilt, but sundry witnesses brought about "the opinion of the court that the said C- P- is guilty of the felony aforesaid, but the court doubts whether the testimony would be sufficient to convict the prisoner before the general court, and the prisoner being willing to submit himself to the mercy of the court, it is therefore ordered that the said C- P- receive ten lashes on his bare back, well laid on at the public whipping post, and the sheriff is ordered to cause immediate execution thereof 20
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COURTS AND OFFICERS.
to be done." So the rattle of British musketry had its echo in the crack of the torturing whip. At a session of May court in the same year, we find it ordered by the court "that the sheriff let the repairing of the gaol and also the making of a pillory and stocks to the lowest bidder."
The common medium of exchange for a period of abont fifteen years after the Revolution was tobacco, and we find that witnesses were paid twenty-five pounds a day for attending court, and at the rate of four pounds for each mile traveled in going to and from the court house. Hunt- ing in those early days was no doubt pursued as a means of livelihood and in some instances, at least, it appears to have been profitable. By the county court of December 16, 1790, one man is ordered to be paid ten pounds and five shillings for ten wolves' heads. This sum was just equal to the salary of the prosecuting attorney of the county for that year. Such was the general routine of business that occupied the time of these early courts from which our execellent judicial system has been evolved.
The records of the superior courts for Hampshire county are very incomplete, owing partly to the fact that the courts for this county were held principally in other counties for many years after the Revolutionary war.
The courts of this county were the same as those of Vir- ginia until the formation of West Virginia into a state. For this reason a brief notice of the courts of Virginia more than a century ago may not be amiss here. In the acts of the general assembly of 1792 there is provision made for a court of appeals, consisting of one judge, who composed the court. This was afterwards changed to five judges, any three of whom constituted a court for ap- pellate cases. This court was held twice a year at Rich- mond, or such other place as the general assembly desig- nated.
The general court at this time was composed of ten judges and met at Richmond twice a year. These ten
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HISTORY OF HAMPSHIRE.
judges were sent out by twos to hold district courts in the different judicial divisions of the state. In 1819 the num- ber of judges was increased to fifteen, and each judge was to hold one circuit court a year in each county of bis dis- trict. The district courts of this county were always held at Winchester, where all such legal business as fell within the jurisdiction of such a court had to be transacted. From the district court established very soon after the capture of Cornwallis we have by an easy step the circuit courts of today.
In 1818 we find it stated in the Revised Code that there was to be held one superior court of chancery in each of the nine districts of the state. The counties of Frederick, Shenandoah, Hardy, Hampshire, Berkeley, Jefferson and Loudon composed Winchester district, where this court was held twice a year for the counties named.
It was not until after the constitution of 1830 was adopted that any superior court was held in Hampshire. The first was called the circuit superior court of law and chancery, and was held at Romney court house, October 5, 1831, with Richard E. Parker, one of the judges of the seventh judi- cial district and judge of the thirteenth judicial district, presiding.
At the April session. 1832, we find present as presiding judge, John Scott, "a judge of the general court." He does not appear to have tarried long, as at the next term in October, of the seme year, Richard E. Parker again ap- pears as judge, and so continues until September, 1836.
Isaac R. Douglass was his successor and appears for the first time at April session, 1837, and continues until Sep- tember, 1850.
Following him came Richard Parker, evidently a differ- ent person from the first judge. He served as judge from 1851 until 1861 with the single exception of the September session, 1851, at which time G. B. Samuels was the pre- siding judge.
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COURTS AND OFFICERS.
During the period, 1861 to 1865, there was no superior court on account of the troublous conditions attendant on the civil war. The period covered by Richard Parker was under the constitution of 1850 and it was during this time that the name circuit court came into use. This court is still called by that name.
The constitution of 1850 established Clarke, Frederick, Hampshire, Morgan, Berkeley and Jefferson counties as the thirteenth judicial district. Under this constitution the present court of appeals came into being. It was com- posed of five judges, one for each section. These were elected by the people for a term of twelve years while the circuit judges were elected for a term of eight years in the same manner.
After the civil war L. P. W. Balch was judge for one term, September, 1865.
In May, 1866, we find E. C. Bunker serving as judge and he continued in that capacity until 1868 with the single exception of the September term, 1866, when Thomas W. Harrison, of the Third judicial district, was judge in his stead.
J. P. Smith, of the Eleventh judicial district, served from March, 1868, to September, 1869.
For a single term, March, 1869, court was held by Judge George Loomis, of the Ninth judicial district.
The period of September, 1869, to August, 1870, was supplied by Judge Joseph A. Chapline.
Judge Ephraim B. Hall, judge of the Sixth judicial dis- trict, served from October, 1870, to March, 1873.
For a period of three years, August, 1873, to 1876, J. W. F. Allen filled the position.
The longest period covered by any judge in this county was that during which Judge James D. Armstrong served. He became judge in 1876 and presided over the courts of the counties. in his district with singular ability for six- teen years, resigning in 1892. He was elected as judge o
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HISTORY OF HAMPSHIRE.
the Fourth judicial circuit, but the state has been redis- tricted and Pendleton, Hampshire, Hardy, Grant and Mineral counties now form the Twelfth judicial district.
Upon the resignation of Judge Armstrong, R. W. Dailey, Jr., was appointed by the governor in his stead and later was elected to the office by popular vote.
Below is a list of the justices of the county of Hamp- shire together with the date of their appointment or elec- tion:
1788-Abraham Johnson, Isaac Millar, Samuel Dew, Ralph Humphries, Ignatius Wheeler, . George Beall, Thomas Maccubin, Michael Cresap, John J. Jacob, Philip Wiggins, Marquis Calmes, William Fox, Thomas Collins, Andrew Cooper, John Mitchell, Okey Johnson, David McCrackin.
1789-James Monroe.
1790-Isaac Parsons, Jonathan Purcell, James Martin, Cornelius Ferrel, Edward McCarty, Solomon Jones, Elias Poston.
The records for the years 1790 to 1795 are lost.
1795-Alexander King, Francis White, William Vause, John Jack, Virgil McCrackin, John Snyder.
1796-John Parish.
1798-John Mitchell, James McBride, John Parrill, Mathew Pigmon, Archibald Linthicum.
No records for the years 1798 to 1814.
1815-James Dailey, Isaac Kuykendall.
1816-Henry Cookus.
1817-Thomas Collins.
1817 to 1824-No records.
1824-George Sharpe, Jacob Vandiver, Christopher Heiskell, David Gibson, Frederick Sheets, Samuel Cock- erill, John Sloan, Reuben Davis, William Armstrong, William Mulledy, Eli Beal, Elisha Thompson, Jacob Smith, Robert Sherrard, David Parsons, Nathaniel Kuy- kendall, Vause Fox, John McDowell, John Stump.
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COURTS AND OFFICERS.
1828-William C. Wodrow, Ephraim Dunn, Marquis Monroe, Philip Fahs, John Brady, William Donaldson, William Welch, Zebulon Sheetz.
1831-Michael Pugh.
1832 to 1837-No record.
1837-James Higgins, William Vance, Thomas Car- skadon, Robert Newman, William Racey, John McDowell, Daniel Mytinger.
1838-Daniel Keller, William Ely, John Stump, William A. Heiskell.
1840-Robert Sherrard.
1842-William Vandiver, Samuel Davis, George Baker, Robert Monroe, William Miller, Joseph Frazier.
1843-Robert Carmichael, David Pugh, George W. Washington, Charles Blue, Joseph Smith, Samuel Bum- garner.
1844-Thomas B. White, Isaac Baker, Nimrod McNary.
1846-George Baker, Isaac Baker, Robert B. Sherrard.
1849-John L. Temple, Edward M. Armstrong. . 1850-Samuel J. Stump.
The office of justice was abandoned with the adoption of the constitution of 1851.
The judges of the superior courts of Hampshire county since 1830 are given below. The dates show in what year they began to serve:
Richard E. Parker, 1831; Isaac R. Douglass, 1837; Rich- ard Parker, 1851. Courts were practically suspended during the civil war. The judges since the war are: L. P. W. Balch, 1865; E. C. Bunker, 1866; J. P. Smith, 1868; Geo. Loomis, 1869; Joseph A. Chapline, 1869; Ephraim B. Hall, 1870; J. W. F. Allen, 1873; Jas. D. Armstrong, 1876; R. W. Dailey, jr., 1892.
The names of those who have served as members of the house of delegates from Hampshire county are as follows:
James I. Barrick, 1863; Thomas P. Adams, 1865; Samuel Cooper, 1866; John Largent, 1868; John J. Jacobs, 1869;
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HISTORY OF HAMPSHIRE.
Alfred H. Pownall, 1870; Francis W. Heiskell, 1871; John Monroe, 1872; George Deaver, jr., 1873; Alexander Monroe, 1875; Asa Hiett, 1877; Alexander Monroe, 1879; Henry B. Gilkeson, 1883; A. L. Pugh, 1887; George A. Hott, 1891; Evan P. Pugh, 1895; B. W. Power, 1897.
The following is a list of the prosecuting attorneys of the county, with the year of their appointment or election: Chas. McGill, 1788; William Naylor, 1828; Philip B. Streit, 1830; Angus McDonald, 1836; Jas. D. Armstrong, 1844; Alfred P. White, 1850; A. W. McDonald, jr., 1858, William Perry, 1865; R. W. Dailey, jr., 1870; W. B. Cornwell, 1892.
The clerks of the county court of Hampshire county are as follows:
Archibald Wager, 1755; Gabriel Jones, 1757; Andrew Woodrow, 1782; Samuel McGuire, 1815; John B. White, 1815. No courts 1861-64. Thos. A. Kellar, 1865; J. A. Parsons, 1870; C. S. White, 1873.
The clerks of circuit court of Hampshire county:
Smith, 1865; C. M. Taylor, 1865; C. S. White, 1873; V. M. Poling, 1876.
The following list contains the names of the surveyors of Hampshire county:
James Genn, 1755; Elias Poston, 1778; Joseph Nevill, 1786; John Mitchell, 1788; John Jones, 1808; Daniel Lyons, 1810; Samuel Dew, 1816; John Sloan, 1827; Samuel Cooper, 1852; Abram Smith, 1859; Warner T. High, 1865; David Biser, 1866; J. Z. Chadwick, 1868; Chas. N. Hiett, 1870; Alex. Monroe, J. G. Ruckman, Robert Monroe.
The following is a list of the assessors of Hampshire county from 1865 to 1897:
Alfred H. Pownall, Eastern district, 1865; William S. Purgett, Western district, 1865; George Hawes, district No. 1, 1866; George Milleson, district No. 2, 1866; Benja- min Pugh, district No. 1, 1870; George Milleson, district No. 2, 1870; Samuel C. Ruckman, district No. 1, 1872; Geo. Milleson, district No. 2, 1872; James A. Gibson, district
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COURTS AND OFFICERS.
No. 1, 1876; George Milleson, district No. 2, 1876; James A. Gibson, district No. 1, 1880; George Milleson, district district No. 2, 1880; James A. Gibson, district No. 1, 1884; Evan P. Pugh, district No. 2, 1834; James A. Gibson, dis- trict No. 1, 1888; Evan P. Pugh, district No. 2, 1888; John Blue, dis r ct No. 1, 1892; Maurice Scanlon, district No. 2, 1892; John Blue, district No. 1, 1896; C. W. Schaffenaker, district No. 2, 1896.
A list of the sheriffs of Hampshire county since its for- mation is as follows:
Edward C. Davis, 1754; Abraham Johnson, 1756; Elias Posten, 1788; Thomas McCubbin, 1790; William Fox, 1814; James Coleman, 1815; Lewis Petters, 1816; Thomas Col- lins, 1818; James Dailey. 1819; E. M. McCarty, 1821; Fran- cis White, 1825; Isaac Kuykendall, 1826; Frederick Sheetz, 1829; George Sharpe, 1831; J. Vandiver, 1833; M. Pugh, 1835; Samuel Cockerell, 1837; John Sloan, 1839; John Mc- Dowell, 1841; William Armstrong, 1843; Vause Fox, 1845; Reuben Davis, 1848; John Stump, 1850; Eli Beall, 1852; J. C. Heiskell, 1854; George Milleson, 1856; D. T. Keller, 1858; J. C. Heiskell, 1860; J. H. Trout, 1865; J. A. Jarboe, 1866; J. H. Powell, 1868; Samuel Cooper, 1870; W. H. Powell, 1872; R. D. Powell, 1876; Jonn Monroe, 1880; W. H. Powell, 1884; George Milleson, 1888; A. L. Pugh, 1892; James A. Monroe, 1896.
At the legislature of 1863 Hampshire was among the counties reported as having no sheriff or other collector of the revenue "because of the dangers incident thereto."
County superintendents of Hampshire:
Henry Head, 1865; John J. Jacob, 1866; Rev. O. P. Wirgman, 1867; Thomas A. Kellar, 1871; Dr. Townsend Clayton, 1873; A. M. Alverson, 1875; Henry B. Gilkeson, 1877; Chas. N. Hiett, 1879; Daniel M. Shawen, 1885; Chas. W. Stump, 1839; Jonathan F. Tutwiler, 1891; Chas. N. Hiett, 1895. Jocob was appointed to fill out the term of Head.
CHAPTER XXIII.
OLD ROADS AND FERRIES,
BY HU MAXWELL.
That travel was general throughout Hampshire county a century ago is shown by the number of ferries. At that time bridges were few, and those who would cross the larger streams must do so by boat. A list of public fer- ries in the county, in the year 1790, so far as it is now pos- sible to compile it, shows that there were eight, as follows:
Over the South branch, where R. Parker lived at that time.
Over the South branch at the residence of Isaac Parsons.
Over the South branch from the land of John Pancake to that of Jacob Earsom.
Over the South branch at the residence of Conrad Glaze.
Over the Capon from James Chenowith's to James Largent's.
Over the Capon at the residence of Elias Poston.
Over the north fork of Capon at the residence of Rees Prichards.
Over the Potomac at the residence of Luther Martin, below the confluence of the North and South branches.
The rate of toll established by law for all of these ferries was six cents for a man, and six cents for a horse, except the ferry at R. Parker's and that at John Pancake's, and the rate for these was five cents for a man and five for a horse. There was a schedule of tolls for vehicles of all kinds, and for sheep, hogs and cattle. The rate was es- tablished by law, and there was a severe penalty for an overcharge on the part of the ferryman, who must refund
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OLD ROADS AND FERRIES.
to the injured party the amount of toll demanded and also pay a fine of two dollars. These ferries were public, that is, they were established and regulated by the state, but whether the keepers received salaries for their services, or whether they retained a percentage of their collections, is not clear from the reading of the law on the subject, passed by the Virginia assembly in 1792. But the infer- ence is that they retained a percentage, otherwise there would have been little temptation to overcharge, and no need of so severe a law against it. The probability that the ferrymen received a percentage is likewise strength- ened by the study of an act of the Virginia assembly passed the same year for the purpose of breaking up pri- vate ferries. It can be seen that the state was in the ferry business strictly for the money there was in it. The law provided that no one should run a private ferry for profit where it would take patronage from a public one. The penalty for so doing seems unnecessarily severe. The person who undertook to turn a few dimes into his own pocket by carrying travelers across a river, where those travelers might go by public ferry, was fined twenty dol- lars for each offense, and half of it to go to the nearest public ferryman and the other half to the person who gave the information; and in case the public ferryman gave the information, the entire fine went into his pocket. It will readily be surmised that the public ferryman maintained a sharp lookout for private boats which should be so pre- sumptuous as to dare enter into competition for a portion of the carrying trade, and it is equally probable that com- petition with public service soon became unpopular, when a man might receive five cents for carrying a traveler across a river, and to be fined twenty dollars for it.
Messengers and other persons on business for the state were not required to pay toll, and they must be carried across immediately, at any hour of the day or night. But, as a precaution against being imposed upon by persons
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HISTORY OF HAMPSHIRE.
falsely claiming to be in the service of the state, the ferry- man was authorized to demand proof, which the applicant was obliged to furnish. This proof consisted of a letter, on the back of which must be written "public service, " and must be signed by some officer, either in the civil or mili- tary service of the state. Inasmuch as the punishment for forgery at that time was death, it is improbable that any person would present forged documents to the ferryman in order to save a few cents toll. The men who kept the ferries enjoyed some immunities and privileges denied to the masses. They were exempt from work on the public roads. They were not required to pay county taxes, but whether this privilege was extended only to poll tax, or whether it applied also to personal property and real estate, is not clear from the reading of the regulations governing the business. They were exempt from military service due the state, and they were excused from holding the office of constable.
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