the passage of this act, pay unto the state treasury one per cent. on the amount of the capital which will be restored by virtue of this act. APPROVED-The sixteenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. county to certify back the record No. 411. AN ACT To repeal the tenth section of the act, entitled "An Act incorporating the First Universalist society in the borough of Conneautville, in the county of Crawford; to declare certain creeks in Crawford and Jefferson counties public highways; to authorize the overseers of the poor in Sadsbury township, Crawford county, to sell certain real estate; to legitimate Nancy Adeline Dorrell of Crawford county; relative to the change of venue of certain suits; and to authorize the courts of quarter sessions of Washington and Fayette counties to hold special courts," passed the eleventh day of April, one thousand eight hundred and fortyeight; and to authorize the sheriff of Crawford county to serve a writ of escheat, (ejectment.) SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same. That Court of common the court of common pleas of Clearfield county shall certify back without pleas of Clearfield delay, to the court of common pleas of Clarion county, the record of a certain action of ejectment originally entered in the court of common pleas of Clarion county, of September term, one thousand eight hundred and forty-seven, number seventy, wherein James W. Guthrie and Samuel Wilson are plaintiffs, and Charles Evans and George Peters are defendants, together with all proceedings had thereon; which said court of common pleas of Clarion county, will try and determine the action aforesaid in due course of law. in a certain case to the court of common pleas of Clarion county. certain act re pealed. SECTION 2. That the tenth section of the act, entitled “An Act inTenth section of corporating the First Universalist society in the borough of Conneaut ville, in the county of Crawford; to declare certain creeks in Crawford and Jefferson counties public highways; to authorize the overseers of the poor in Sadsbury township, Crawford county, to sell certain real estate; to legitimate Nancy Adeline Dorrel of Crawford county; relative to the change of venue of certain suits, and to authorize the courts of quarter sessions of Washington and Fayette counties to hold special courts,” approved the eleventh day of April, one thousand eight hundred and forty-eight, be and the same is hereby repealed. SECTION 3. That David W. Bole, or the heirs of Henry Bole, deceased, or those claiming under him or them, or some one or more of them, upon his or their commencing an action of ejectment in the courts of Crawford county, against Margaret Wilson or any other person or WILLIAM F. PACKER, APPROVED-The sixteenth day of April, one thousand eight hunderd and forty-nine. WM. F. JOHNSTON No. 412. A SUPPLEMENT To the act relating to lunatics and habitual drunkards; to punish aldermen and justices of the peace for misdemeanors; relating to arbitrations in the district court in the city and county of Philadelphia; relative to deeds of assignment; relative to judgment liens; relating to limitation of actions; and relating to liens and terre tenants; and for the more effectual punishment of the crime of arson. SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That it shall and may be lawful for the court of common pleas of any county of this commonwealth, having jurisdiction of the accounts of the committee of any lunatic or habitual drunkard, upon the application of such committee and due cause shewn, to authorize such committee to sell and dispose of any wood or timber growing or standing upon the lands of such lunatic or drunkard, with the privilege to the purchaser or purchasers of entering thereon, to cut and carry away the same, or to authorize such committee to cut the same and dispose thereof when cut, whenever in the opinion of such court the conversion of the same into money, in either of the modes aforesaid, will be beneficial to such lunatic or drunkard or to his or her estate, and to order that the proceeds of such sale or sales shall be expended upon, and in improving the real estate of such lunatic or drunkard, or shall form a part of his or her personal estate as if originally a part thereof; and in all or any of the cases aforesaid, to require security for the due application of such proceeds, as such court may in its discretion require. Jurisdiction of courts in cases of lunatics or habitual drunkards. SECTION 2. It shall be the duty of the court of common pleas out of In cases where which any commission, in the nature of a writ de lunatico inquirendo to writs of lunatico inquire into the lunacy or habitual drunkenness of any person within inquirendo ar issued the courts shall decide who shall pay costs, &c. Sureties of alder men and justices of the peace, remedies of, in this commonwealth, shall hereafter issue, to decide and direct who shall pay all costs attendant upon the issuing and execution of said commission, or to apportion said costs and the payment of them among the parties interested, in such proportions as the justice of the case may require, and to order and decree payment accordingly; the witnesses before any commissioner in such case shall be allowed the same fees and mileage as if attending as witnesses in said court. SECTION 3. Whenever upon the petition of any surety and due proof, it shall be made to appear to the court of common pleas of the proper county, any alderman or justice of the peace of any city or county of this commonwealth, by reason of habits of intemperance is likely to case of habits of increase the responsiblility of his sureties, such court may require such intemperance. alderman or justice of the peace, to give security to indemnify the surety so petitioning against loss by reason of his suretyship, in the manner provided by the sixth section of the act, entitled "An Act providing for the election of aldermen and justices of the peace," in such sum and by such time as the court may think necessary and proper. Preference in ment. Proviso. SECTION 4. That any condition in assignments of property made by debtors to trustees on account of inability at the time of the assignment cases of assign- to pay their debts, within the meaning of the act, entitled An Act to prevent preferences in assignments," approved April seventeenth, one thousand eight hundred and forty-three, for the payment of the creditors only, who shall execute a release, shall be taken as a preference in favor of such creditors and be void, and the assignment be held and construed to enure to the benefit of all the creditors in proportion to their respective demands: Provided, That no bona fide judgment or lien acquired against the property of any debtor or any sale or transfer of the property of such debtor, unless the same shall have been obtained, acquired or made with intent to evade the provisions of the said act, shall be avoided or defeated by the subsequent discovery that such debtor was insolvent at the time such judgment was obtained, lien acquired or transfer made. SECTION 5. That the act approved third day of April, Anno Domini, one thousand eight hundred and forty-three, entitled "An Act to preserve and perfect the validity of judgments entered upon the continuance or appearance docket of the courts," shall not be so construed as to impair the right of a plaintiff or plaintiffs, whose judgment had been properly entered on the judgment docket in any of the courts of this commonwealth. Construction of a certain act. Fifth section of ed. SECTION 6. That the provisions in the fifth section of the act, entitled certain act rela- "An Act for limitation of actions," approved the twenty-seventh day tive to limitation of March, one thousand seven hundred and thirteen, so far as the same of actions repeal- save rights of action to any person or persons beyond the sea, be and the same is hereby repealed, except so far as respects citizens of the United States of America; and it is hereby provided that no person other than citizens of the United States of America as aforesaid, shall be entitled to bring or enforce any of the several actions in the said section mentioned, that may have been brought or may hereafter be brought by him, her or them, notwithstanding he, she or they may have been or may be beyond sea at the time of any cause of such action given or accrued, fallen or come. SECTION 7. That the first section of an act, entitled "A further supFirst section of plement to the penal laws of this state," be so altered as to limit all prosecutions for fornication and bastardy, to the term of two years instead of five years, as provided in said section. certain act altered. Revival of judg ments. SECTION 8. That in all cases when a judgment has been or shall be regularly revived between the original parties, the period of five years during which the lien of the judgment continnes, shall only commence to run in favor of the terre tenant, from the time that he or she has himself or tenant. SECTION 9. That so much of an act, entitled "A further supplement Act relative to to an act supplementary to the acts relating to hawkers and pedlers, lers repealed, so hawkers and pedand regulating auctions in the county of Schuylkill," passed the twenty- far as relates to seventh day of March, one thousand eight hundred and forty-eight, as the county of Inrelates to the county of Indiana, be and the same is hereby repealed. diana. SECTION 10. That if any person shall in the night time, wilfully and Arson. maliciously burn, or cause to be burned, any dwelling house, kitchen, smoke house, shop, barn, stable, store house, factory, warehouse, office, grist or saw mills, or any other building or buildings, or pile or piles of boards or other lumber, in any city or other incorporated districts within this commonwealth, every person so offending shall be deemed guilty of arson, and upon conviction thereof, shall suffer imprisonment, at hard labor, in the penitentiary, for any term not more than fifteen years, and shall forever thereafter be deemed incompetent to be an elector, juror or witness, or to hold any office of honor, trust or profit within this commonwealth. SECTION 11. That if any person shall at any time set fire to, or at- Misdemeanor. tempt to set fire to, any of the buildings or other property described in the first section of this act, with the intent to burn or destroy the same, or shall advise, assist, or procure any person so to do, any person so offending, shall be deemed guilty of a misdemeanor, and upon convic tion thereof, shall be imprisoned in the penitentiary, at hard labor, not more than ten years. APPROVED-The sixteenth day of April, one thousand eight hundred and forty-nine. WM. F. JOHNSTON. No. 413. AN ACT To revise the militia system, and provide for the training of such only as shall be uniformed. SECTION 1. Be it enacted by the Senate and House of Representalives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That it shall be the duty of every free able bodied white male person, Who to uniform. Companies to consist of not less than thirty rank and file. Battalions. Proviso. Proviso. Companies to meet twice each year. Captain to furnish under oath copy of roll of company to county commissioners, &c. of. Proviso. between the ages of eighteen and forty-five years, who has resided in this commonwealth for one month, to provide himself with such uniform as may be considered a proper uniform for a volunteer company, which shall in all cases be a substantial uniform, fit for service. SECTION 2. That the persons thus uniformed, shall form themselves into companies of not less than thirty rank and file, and elect their own officers, make their own by-laws, regulate, collect, and apply their own fines and forfeitures. SECTION 3. That where there are three or more companies in any brigade, they shall be formed into battalions and regiments, uniting such companies as may be most suitable from circumstance of locality and grade, and be entitled to elect such field officers as are allowed to the same force of troops in the regular army: Provided, That two cavalry companies where there are no more that can be connected with them, shall be a battalion: And provided, That should there not be three companies in any brigade, then and in that case, the company or companies in the said brigade, shall elect a brigadier general, brigade inspector, and major general, as directed in the twelfth section of this act. SECTION 4. That the uniformed militia shall meet by companies for training and discipline, not less than twice in each year, at the discretion of each company, and each battalion and regiment shall meet for training and inspection, not less than once in each, at such time and in such order as shall be directed by the brigade inspector, till all the battalions and regiments shall have paraded. SECTION 5. That the captain or commanding officer of each company shall furnish a copy of the roll of said company, under oath or affirmation, to the county commissioners, at such time as the assessment of taxes are returned in each and every year, designating the township, ward or borough, in which each member resides, and furnish at the same time a certificate to the commanding officer of the battalion or regiment to which his company may be attached, or in case any company be not attached to any battalion or regiment, then he shall transmit the same to the adjutant general, certifying to the number of members uniformed, and belonging to his company. SECTION 6. That it shall be the duty of the assessor of each township, Assessors, duty ward or borough, to furnish a list to the county commissioners of all male persons residing in said township, ward or borough, between the ages of twenty-one and forty-five years, for which he shall receive as a full compensation, one cent per person: Provided, That the assessors shall not return on their said lists, any persons who they shall know to hold such certificates as are recognized in the eighth section of this act, and all aforesaid persons who are not uniformed and enrolled as aforesaid, shall be considered as delinquent militia men, and subject to a fine of fifty cents for each year that such delinquent remains ununi. formed and unenrolled as aforesaid. Officers, musicians, privates, &c., who served SECTION 7. That the officers, non-commissioned officers, musicians and privates which were attached to the first and second regiments of Pennsylvania volunteers, and also the officers, non-commissioned officers, musicians and privates of the eleventh regiment of infantry, the regiment of voltiguers, the third regiment of dragoons, and all other soldiers enlisted in this state in detached companies, who were mustered into the service of the United States, and who actually served in the late war with Mexico, and were honorably discharged, shall be forever hereafter exempt from militia duty, and from performing any other military duty whatsoever, except in time of an invasion, insurrection, or actual wu. County commis- SECTION 8. That it shall be the duty of the county commissioners, sioners, duties of. in making out the duplicate for the collection of state taxes, in each and in the late war with Mexico to be exempt from military duty, except, &c. |