county, on

pleas of Philadelphia county, on appeals from the awards of pleas of Philadelphia arbitrators, made in pursuance of the act of the twenty-ninth day of March one thousand eight hundred and nine, while the appeals &c. said suits were depending in the supreme court in the eastern transferred district, be, and the same are hereby transferred to the said to the susupreme court, and considered to all intents and purposes, as of the eastern if such appeals had been made to the said supreme court, and district. the like proceeding shall be had thereon in the said last mentioned court as if the appeal had been entered to the same.

preme court

SECT. XVI. And be it further enacted by the authority aforesaid, That it shall be the duty of the prothonotary of the court Duty of the of common pleas of Philadelphia county, and he is hereby re- of the court prothonotary quired immediately after the passing of this act, to transmit of common to the prothonotary of the supreme court of the eastern dis- pleas of Phitrict, all the pleadings and other papers filed in said suits, to- ladelphia gether with a transcript of the record containing all the proceedings of the said court of common pleas in the suits aforesaid, and the said prothonotary of the supreme court of And of the the eastern district is hereby required to receive and enter the prothonotary

same on his docket.

county.

of the eastern district.

SECT. XVII. And be it further enacted by the authority aforesaid, That the prothonotary of the proper county, an alder- By whom man, or a justice of the peace, or either of the arbitrators shall witnesses have power to issue subpoenas for witnesses, and if necessary, poenaed, attachments to compel their attendance; and the form of the And atsubpoena shall be as follows, viz.

Greeting:

We command you and each of you that you be and appear in your proper persons before A. B. C. D. &c. Arbitrators, appointed to hear and decide all matters in variance between the parties in a certain action, wherein E. F. is plaintiff, and G. H. defendant, at the house of I. K. in the township of the day of

on

next, then and there to give evidence on the part of the (plaintiff or defendant as the case may be); hereof fail not under the penalty which may ensue.

may be sub.

tached.

Form of sub

pœna.

Witness my hand the

(Signed)

day of

A. D.

L. M.

one of the arbitrators.

And the form of the attachment shall be as follows, viz.

County,

The Commonwealth of Pennsylvania,

To the constable of the township of We command you that the county aforesaid and have him forthwith before A. B. C. D. &c. arbitrators, appointed to hear and decide all matters in variance between the parties in a certain action, wherein

arbitrators

do not at

E. F. is plaintiff, and G. H. Defendant, at the house of

in the township of

then and there to answer to such matters and things as shall be objected against him and not depart without leave.

Witness my hand the
(Signed)

day of

A. D.

I. K. one of the arbitrators.

SECT. XVIII. And be it further enacted by the authority Where a ma- aforesaid, That in case a majority of arbitrators shall not atjority of the tend on the day appointed for them to meet, the arbitrator or arbitrators attending shall (where the parties, they being both tend, others present cannot agree) appoint a number of suitable persons in may be ap- the place of those absent, and if but one of the parties be prepointed. sent, the arbitrator or arbitrators present shall appoint such persons to supply the vacancy without consulting the party at

And by whom.

to corrupt or

tending.

SECT, XIX. And be it further enacted by the authority aforePenalty on said, That if either of the parties, their agents, or attornies, attempting or any other person for them, shall, after the appointment of influence the any arbitrators, attempt to corrupt or influence any arbitrator arbitrators. or arbitrators, by privately endeavouring, either in conversation, written evidence or correspondence, to bias the mind or judgment of such arbitrator or arbitrators in favor of such par ty, he, she or they, so offending, shall forfeit and pay the sum of twenty-five dollars, one half to the prosecutor and the other half to the use of the proper county, to be recovered on conviction before an alderman or justice of the peace in the proper county where the offence may have been committed; and it shall be the duty of the respective prothonotaries to read this section in open court on the Wednesday of each term for two years, and likewise to the parties, their agents or attornies, if they or either of them, attend on the day on which the arbitrators are appointed.

How to be appropria

ted.

And recovered. Prothono

taries to read

this section in open court &c.

SECT. XX. And be it further enacted by the authority aforeRule may be said, That it shall be the duty of the prothonotary on application by both or either of the parties, their agents or attornies, taking the depositions to enter a rule to take the depositions of aged, infirm, going of absent or absent witnesses, or those out of the state, in the same manner and subject to the same rules and regulations now observed in the courts of this commonwealth.

witnesses, &C.

Arbitrators

misbehaviour committed in

SECT. XXI. And be it further enacted by the authority aforemay punish said, That the arbitrators or a majority of them shall have by fine, any power by fine not exceeding twenty dollars, to punish either of the parties, their agents or attornies, or other person or persons, for disorderly conduct in their presence, or for insulting, disturbing or interrupting the arbitrators when on business, which fine shall be recovered in the following manner; the arbitrators or a majority of them shall make out a certificate in fine shall be the following form:-

their pre

sence..

How said

recovered.

tificate.

"We the undernamed arbitrators do certify that A. B. did Form of cer▲ this day at in the county of before us conduct himself in an insolent and disorderly manner (or as the case may be) tending to insult, disturb and interrupt us in the trial of a certain cause wherein J. D. is plaintiff and U. W. is defendant, for which offence we have fined the said A. B. the sum of dollars, which sum you are hereby required to collect according to law. Witness our hands this

day of

A. B.

in

C. D. Arbitrators."
E. F.

to be trans

Which certificate shall be transmitted to an alderman, or a Certificate justice of the peace, who is hereby required to make a record mittted to a thereof, and to collect the same in the manner that debts un- justice, &c. der five dollars thirty-three cents are by law collected, which How the fine sum, when recovered and collected, shall be paid by such jus- shall be coltice to the county-treasurer, for the use of the proper county appropriawhere the offence may have been committed.

lected and

ted.

report an

SECT. XXII. And be it further enacted by the authority The Protho aforesaid, That it shall be the duty of the prothonotaries of the tries to respective counties to transmit to the secretary of the com- nually the monwealth, in the month of December, annually, a correct number of statement of the number of cases referred under this act, clas- cases resed under their proper title, the number of awards made by And the the arbitrators, and the number of appeals from such awards, number of and the reversal thereof classed as aforesaid, which statements appeals. the secretary shall lay before the legislature.

ferred.

from awards

SECT. XXIII. And be it further enacted by the authority Appeals aforesaid, That in all cases where a reference has been had made under under the act of assembly, passed the twenty-ninth day of former acts, March, one thousand eight hundred and nine, entitled "A not to be af supplement to an act, entitled "An act to regulate arbitrations fected by an and proceedings in courts of justice;" and from the report of the form of the referees either of the parties has entered an appeal and the recogni have entered bail for the prosecution of said appeal but the zance &cr recognizance may not have been taken in the terms prescribed by that act, the said neglect shall not be judged a hindrance or bar to the prosecution of said appeal, but the same shall be prosecuted in, and such bail shall be liable at the termination of the appeal according to the true intent and meaning of his recognizance.

SECT. XXIV. And be it further enacted by the authority Fees al aforesaid, That the fees to be allowed to constables or other lowed, persons, to carry the provisions of this act into operation, shall be the same as the fees allowed by law to constables for similar services, and the like penalty inflicted for neglect of duty

SECT. XXV. And be it further enacted by the authority $1 per day aforesaid, That the arbitrators respectively, shall receive the to be paid to sum of one dollar for each and every day necessarily spent by arbitrators. them in the investigation of any cause to them submitted unTo receive der the provisions of this act; but they shall receive no daily no pay unless pay or other compensation, unless they make their report and their report transmit the same to the prothonotary within seven days after within seven they shall have agreed upon the same.

be made

days.

.Penalty on

arbitrators refusing to

serve.

ap

SECT. XXVI. And be it further enacted by the authority aforesaid, That in case any one or more arbitrator or arbitrators chosen and notified as aforesaid, shall neglect or refuse to attend and take upon him or themselves the duties of their pointment, each of them so offending, shall for every such How reco- offence, forfeit and pay the sum of two dollars, to be recovered by either party before an alderman or a justice of the peace, in the same manner as debts of equal amount are by law reUnless sick-coverable; unless he or they, can satisfy such alderman or jusness, &c. be tice, that his or their absence was occasioned by sickness or pleaded. some other unavoidable cause.

verable.

minister oaths &c,

Three prior acts made perpetual.

SECT. XXVII. And be it further enacted by the authority Prothono- aforesaid, That the prothonotaries are hereby authorized and taries to ad- empowered to administer the oaths or affirmations required by this act, to prove the service of notices and obtain appeals. SECT. XXVIII. And be it further enacted by the authority aforesaid, That the act to regulate arbitrations and proceedings in courts of justice, passed the twenty-first day of March, one thousand eight hundred and six, and the act supplementary thereto, passed the thirteenth day of April, one thousand eight hundred and seven, and a further supplement thereto, passed the twenty-fourth of March, one thousand eight hundred and eight, shall be and the same are hereby rendered perpetual, any thing in said acts to the contrary notwithstanding.

Parts of

former acts repealed.

SECT. XXIX. And be it further enacted by the authority aforesaid, That after this act shall come into operation, so much of any law or laws as is or are hereby altered or supplied, be and the same is hereby repealed.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate. APPROVED the twentieth day of March, one thousand eight hundred and ten.

0:

SIMON SNYDER.

CHAPTER CIII.

An ACT confirming the title of James Parry to a tract of land

W

in Chester county.

7HEREAS it appears by the petition of James Parry, of Westown township, in Chester county, that on the first

day of April, one thousand eight hundred and seven, Joseph Moore conveyed to him a messuage and twenty-five acres of land for the sum of six hundred pounds, since which it has been discovered that the said Joseph Moore was an alien at the time of making the said conveyance, and incapable by law of holding or transferring real estate within this commonwealth: Therefore,

Moore and

valid.

Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General As- Deed of sembly met, and it is hereby enacted by the authority of the Joseph same, That the deed of conveyance made and executed to wife, to James Parry by Joseph Moore and Lucy his wife, dated the James parry, first day of April one thousand eight hundred and seven, be, declared and the same is hereby declared to be as valid in law to all intents and purposes as if the said Joseph Moore had been a citizen of the United States at the time of his purchase and of executing the deed of conveyance aforesaid. Provided always, Proviso. that nothing herein contained shall be construed to bar or defeat any person or persons, bodies politic or corporate of any right or title, interest, claim or demand, which they or any of them may have in or to the said messuage and tract of land or any part or parcel thereof.

JOHN WEBER, Speaker

of the House of Representatives. P. C. LANE, Speaker of the Senate.

APPROVED the twentieth day of March, one thousand eight

hundred and ten.

SIMON SNYDER.

CHAPTER CIV.

An ACT for the relief of John Connor.

W
HEREAS it appears that John Conner enlisted in captain
David Wilsons company in the flying camp, and that he
was taken prisoner at Fort Washington, and after some time
was liberated in a state of indisposition, and continued indis-
posed for a long time afterwards, and that he never received
any compensation for the time he was held in confiement, nor
while he lay sick in consequence thereof: Therefore,

SECT. I. BE it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania, in General Assembly met, and it is bereby enacted by the authority of the same, That the state-treasurer is hereby authorised and re- $100 to be quired to pay unto John Conner or his lawful attorney, the sum paid to, John Conner or of one hundred dollars, immediately after the passing of this attorney.