The renting and hiring out of all houses, lands, and slaves of any minor, shall be done by public auction; and guardians are required to advertise the same in three or more public places in the county, at least ten days previous thereto. And no such auction shall commence before eleven o'clock in the morning, or after four o'clock in the afternoon of the day ap pointed, under the penalty of 100%.

3

If any orphan shall not, within three years after he attains the age of twenty-one years, call on his guardian for a full settlement of his guardianship, the securities of such guardian shall be discharged;-saving however the rights of such as may be imprisoned, beyond seas, or non compos mentis,

See Limitation. Lands. Executors and Administrators. OVERSEERS OF THE POOR-See Poor.

OVERSEERS OF ROADS.

The county courts shall annually appoint overseers of the highways or roads; who are by the act obliged to summon all male taxables from the age of sixteen to fifty (except such per sons as are or shall be exempt from public services by the assembly) within their district, to meet at such places and times as to them shall seem convenient, for the repairing or making such roads as shall be necessary; and except such as are or have been heretofore by law excused from appearing at musters, and such as send three slaves, or other three sufficient hands, to work on the public roads. And whosoever shall upon such summons refuse or neglect to do and perform their duty therein, shall forfeit and pay the sum of five shillings per day for each person so neglecting or refusing; to be recovered by a warrant from any justice of the county, and paid by the sheriff or constable to the overseer, and by him to be expended in hiring other hands to work on said roads.

Any person refusing to serve as overseer on any road agree-/ ably to the order of the county court in which he resides, shall forfeit and pay the sum of twenty pounds, to be recovered and applied as other fines and forfeitures directed by the law in that case made and provided. But no person shall be com pelled to serve as overseer of a road in any county more than one year in three, nor shall overseers of slaves be exempt from working on roads.

The overseer shall give notice to each free person, or the master, mistress, or overseer of slaves, what kind of tools they and each of them shall bring and work with on the roads, at the time of summoning.

The several persons summoned by the overseers to work on the roads as aforesaid, shall not be liable to any fine for not appearing and doing their duty, unless they shall be so summoned three days before the day appointed for working..

It shall and may be lawful for an overseer, if required by the majority of the workmen on the road assigned him, to lay off the road in equal apartments, for the ease of the labourers, who shall finish his or their parts in a time agreed on between him and each free person, master, mistress, or ⚫ overseer; and on default of any agreeing party, the overseer is authorised to cause such part to be finished by hire of other persons to do the same, and thereon to tender his account and demand payment, and on refusal, to warrant for the same, and to recover the money to his own use. Provided the time agreed upon shall not exeeed ten days.

All overseers of roads shall cause to be set up at the forks of all roads within their several districts, a post or posts, with. arms pointing the way of each and every road, with directions to the most public places to which they lead, with the number of miles from that place as near as can be computed; and every overseer who shall neglect or refuse to do and keep the same in repair, shall forfeit and pay for every such neglect the sum of five pounds; to be recovered before any justice of the peace, and applied as other fines are by the law directed. And every person or persons who shall wantonly remove, knock down, or deface the said arms, shall for every such offence forfeit and pay the sum of five pounds.

The several overseers of the roads shall cause the public roads within their districts respectively, to be exactly measured, where the same has not already been done, and shall at the end of each mile, mark in a legible and durable manner, the number of such miles 3-beginning, continuing, and marking the numbers, in such manner and form as the courts of the counties shall severally and respectively direct; and each overseer shall keep up and repair such marks and numbers within his district. And every overseer neglecting or refusing to mile mark, or to repair the mile marks within his district, according to the intent and meaning of the act of assembly, for the space of thirty days after their appointment to office, shall forfeit and pay the sum of forty shillings; to be recovered by a warrant before any justice of the peace.

All overseers of roads who shall refuse or neglect to do their duty as is by law directed, or who shall not keep the roads and bridges clear in repair, or let them remain uncleared or out of repair for and during the space of fifteen days, unless hindered by extreme bad weather, such overseer shall forfeit for every such offence the sum of forty shillings, over and above such damage as may be sustained; to be recovered by a warrant from any justice of the peace, by any person taking out the same, and to be applied to his own use. The overseers of the several roads within this state, are aŭthorised to cut poles and other necessary timber to enable them to comply with the duties enjoined on them in repairing and making bridges and causeways, without incurring any penalty thereby.-Acts 1784, c. 14.

Any person appointed overseer of a road in any county in this state, shall be deemed and held liable for any neglect in working on the road, until he shall have made return to the court of his county, and shall make it appear to their satis faction that he has done the duties of an overseer by law di rected.

All offences committed against the foregoing act shall be prosecuted by indictment.-Acts 1786, c. 18.

But no overseer of any public road shall be subject to any indictment for neglecting to set up sign-posts at the forks of roads as aforesaid unless he shall fail to set up the same for the space of fifteen days,-Acts 1812, c. 24.

It shall be the duty of each sheriff to apply at the clerk's office, by himself or some other proper person, within ten days after the rise of each court, for the orders of court appointing. overseers of roads, rivers, and creeks, and shall, on receiving them, within twenty days, serve each person so appointed, with one copy of said orders, or leave the same at his usual habitation, and the other copy he shall return to the next county court happenin thereafter, with the date of the service endorsed thereon, or the date when it was left at the resi dence of said overseer. And every clerk or sheriff failing to perform his duty herein, shall on conviction pay the sum of five pounds, to be applied as other similar fines.-Acts 1813,

c. 15.

PARDON.

The power of granting pardons and reprieves, is vested by the constitution in the governor, except where the prosecution is carried on by the general assembly, or the law shall other

wise direct. And in these cases, he can in the recess of the assembly, grant a reprieve until the next sitting of the general assembly.

He cannot however pardon a common nuisance while it remains unredressed, or so as to prevent an abatement of it. Neither can he pardon an offence against a popular or penal statute or act of assembly, after information brought.

Any suppression of truth, or suggestion of falsehood, in à charter of pardon, will vitiate the whole, for the governor was misinformed. A parden of all felonies will not pardon a conviction or attainder of felony; but the conviction or attainder must be particularly mentioned. And a pardon of felonies will not include piracy. But under these and a few other restrictions, it is a general rule that a pardon shall be taken, most beneficially for the citizen.

A pardon may be upon condition, either precedent or sub-. sequent, on the performance whereof the validity of the pardon will depend.

A pardon by act of assembly need not be pleaded, but the court must take notice of it; and the offender cannot lose the benefit thereof by his negligence, as he may of the governor's pardon. The latter must be specially pleaded at a proper time. For if a man is indicted and has his pardon, and pleads the general issue, he has waived the benefit of his pardon. But if he avails himself thereof as soon as by course of law he may, a pardon may be either pleaded upon arraignment, or in arrest of judgment, or in bar of execution.

The effect of a pardon by the governor is to acquit the of fender of all corporal penalties and forfeitures annexed to that pffence for which he obtains pardon, and to give him a new credit and capacity.

An offence cannot be pardoned before it is committed.Nor can a pardon release a recognizance for keeping the peace. Hayw.

PARTITION.

The judges of the superior courts of law and equity, and the justices of the courts of pleas and quarter sessions, are required and empowered, on petition of one or more persons claiming the real estate of any intestate, to appoint five commissioners to divide and appropriate the same or so much thereof as shall be prayed for, and the court shall judge proper and requisite according to law. In all cases where the real estate

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And if any person shall be convicted of selling spirituous fiquors, or articles of merchandize, within one mile (licensed taverns and stores excepted) of any place, on any day of di vine worship, such offender shall forfeit the sun of three pounds to be recovered by warrant, before a justice of the peace, in the name of the state, and applied as aforesaid. From which judgment either party may appeal; and it is the duty of the County attorney to prosecute such appeals as aforesaid.

If any person shall be found at any church or meeting-house, or any other place where persons may be assembled for the purpose of divine worship, either in a state of intoxication or otherwise behaving himself in a riotous or disorderly manner, ne shall, on conviction before any justice of the peace of the county where such offence may be committed, forfeit and pay, The sum of fifty shillings, to the use of the poor of the county. Provided, such conviction shall be within ten days after the Commission of the fact. And the right of appeal is given, and the prosecution thereof directed, as above.

No person shall bring to any place where a congregation are assembled for divine worship, or within three hundred yards thereof, any stud-horse or jack ass, which may be liable to the payment of taxes, under the penalty of three pounds? to be recovered and applied as aforesaid. Provided nevertheless, any person may move his stud-horse from one stand to another, so that he do not stop him within three hundred yards of said place of divine worship.

See Religious Societies. Arrest. Indictment.

QUAKERS.

The people called Friends, or Quakers, may give their testimony by way of solemn affirmation in all cases, criminal as well as civil. And they may wear their hats as well within the several courts of judicature, as elsewhere, unless other wise ordered by the court.

They are also competent to serve on grand juries, and on petit juries in the trial of criminal cases.

QUARANTINE,

On the second Monday in April, 1794, or as soon there after as may be, the commissioners of navigation in the repective ports and inlets of this state, and where there are no