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appointed, the director of the board of chosen freeholders be, and he is hereby authorized and empowered, and it shall be his duty, by and with the consent of a majority of the said board of trustees, or a majority of the board of chosen freeholders, to bind out the poor children, which now are, or may hereafter become chargeable upon such county, in the same manner, and under the same conditions which justices of the peace and overseers of the poor are authorized to bind out poor children by the act entitled “ An act for the settlement and re- [Rev.26] lief of the poor," passed the eleventh day of March, in the year of our Lord one thousand seven hundred and seventy-four.
A supplement to the act entitled “ An act respecting (Rev. 398]
conveyances,” passed the seventh day of June, seventeen hundred and ninety-nine.
Passed November 26, 1801.
WHEREAS doubts have been entertained
whether deeds and conveyances of lands, Preamble tenements, and hereditaments, made and executed since the first day of January, one thousand eight hundred, and duly acknowledged and proved according to law, and not lodged in the clerk's offices in the respective counties of this state within six months after the time of executing the same, may be recorded in their offices; therefore,
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That the clerks of the several courts of com
mon pleas in this state, be, and they are hereby Clerks to authorized to record, in the manner prescribed record
in and by the act to which this is a suppledeeds, &c. [Rev. 398] ment, all deeds and conveyances of lands, tene
ments and hereditaments, made and executed, or hereafter to be made and executed, and duly acknowledged, and proved according to law; any law, usage, or custom to the contrary notwithstanding: Provided, That every deed, or conveyance of lands, tenements, and hereditaments, lying and being in this state, made and executed on or since the said first day of January, eighteen hundred, and prior to the passing of this act, shall be void and of none effect against a subsequent bona fide purchaser for a valuable consideration, not having notice thereof, unless such deed or conveyance shall be recorded in manner aforesaid, in the county in which the said lands, tenements, and hereditaments are situated, within six months after the passing of this act, and also prior to the re. cording any other deed or conveyance for the same premises: Provided nevertheless, That such deed or conveyance shall, as between the parties and their heirs, be valid and operative.
2. And be it enacted, That where deeds or What deeds shall conveyances of lands, tenements, or hereditanot effect a ments, lying and being in this state, shall be bona fide lodged with the clerk of the court of common purchaser.
pleas of the county in which said lands, tenements and hereditaments are situated, or recorded in his office after six months from the execution of the same, such deed or conveyance shall not operate against any bona fide purchaser, for a valuable consideration, not having notice thereof, whose deed or conveyance for the same lands, tenements and here
ditaments shall be previously lodged with the said clerk, or recorded as aforesaid.
A supplement to the act entitled “ An act respecting
conveyances,” passed June seventh, one thousand seven hundred and ninety-nine.
Passed February 8, 1811.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enacted by the authority of the same, That if the party who shall execute or may have executed, any deed or conveyance of lands, tenements or hereditaments, lying and being in this state, or the witnesses thereto, reside not in this state, but in one of the territories of the United States, or in one of the cities of Philadelphia or New-York, then the acknowledgment or proof which may have been, or shall be made before, and certified by one of the judges of the supreme court of such territory, or the mayor of such city, shall be as good and effectual as if the same had been made before, and certified by one of the judges of the supreme court of this state.
AN ACT constituting courts for the trial of small
Passed March 15, 1798.
Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is hereby enucted by the authority of the same, That
every suit of a civil nature at law, where
What causes shall be
tices of the peace.
the debt, balance, or other matter in dispute,
does not exceed, exclusive of costs, the sum cognizable or value of sixty* dollars, shall be, and hereby before jus: is made cognizable before any justice of the
peace of any county in this state, who is here
by authorized to hold a court within such [Rev. 313]
county to hear, try, and determine the same according to law, although the cause of action did not arise in the said county; and further, that the said court shall be a court of record, and vested, for the purposes aforesaid, with all such
power as is usual in courts of record of this state. Provided always, That this act shall not extend to any action of replevin, slander, trespass for assault
, battery, or imprisonment, or to any action, wherein the title of any lands, tenements, hereditaments, or other real estate, shall or may in any wise come in question.
2. And be it enacted, That the territorial Territorial jurisdiction of every justice of the peace, untion of jus. der this act, shall be coextensive with the limits tices to be of the county, for which he is appointed and
commissioned; that his writs, precepts and their coun- process shall run in and through such county, ties.
and that he may, in causes pending before him, award writs of subpæna ad testificandum into other counties of this state.
3. And be it enacted, That the constables of
the several townships in such county shall be Constables the ministerial officers of the said court, and to be their ministerial that it shall be the duty of the said constables officers, to execute and return all precepts, summons,
warrants, writs and other process, issuing out of the said court, and to them or any of them
* Extended to 100 dollars by act of 29th Nov. 1801,
how to be
or a war
directed and delivered, and to perform all mat-
Process, summons, warrants, writs and other process, tes wed, shall be tested the day on which they are re- signed and spectively issued, and shall be signed and seal- sealed. ed by the justice, who issued the same.
5. And be it enacted, That the first process, cess to be which shall be issued against any defendant by asummons virtue of this act, shall be a summons, or a rant. warrant, in nature of a capias ad respondendum, as the case may require; but the plaintiff may nothwithstanding in any case make use of the former.
6. And be it enacted, That the summons, Summons, to cite the defendant to appear before the said how to be justice, shall specify a certain place and time, served. not less than five nor more than fifteen days from the date of such process, and shall be served at least five days before the time of appearance mentioned therein, by reading the same to the defendant, and delivering to him a copy thereof, when required, if he shall be found; and if not found, by leaving a copy thereof at his house or place of abode, in presence of some white person of the family of the age of fourteen years, who shall be informed of the contents thereof; and the constable, serving such summons, shall, on the oath of his office, endorse thereupon the time and manner he executed the same, and sign his name thereto. 7. And be it enacted, That if the defendant If the de
fendant does not appear at the time and place expressed in such summons, and it shall appear by the appear acreturn endorsed thereon, that the summons cording to was duly served, and no sufficient reason be mons, the