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commendation shall have been made, as also of all the justices of such county.

2. And be it further enacted, That whenever a vacancy shall Majority required hereafter happen in the office of clerk of a county or corporation appointed. court, it shall not be lawful for the said court to supply such vacancy, unless a majority of the members of such court shall be present, or unless the members of such court shall have been summoned by order of the said court to attend at the next court for the purpose aforesaid; and such court is hereby authorized to appoint a clerk pro tempore where it shall be necessary, for the special purpose of making such order and issuing such summons.

3. This act shall be in force from the first day of June next.

Commencement.

Chap. 58.-An ACT appointing trustees of the estate belonging to the orphans of James Rind, for the purposes therein mentioned.

(Passed January 22, 1806.) 1. Be it enacted by the general assembly, That Edmund Ran- Trustees of the dolph, William Marshall and John Seabrook, gentlemen, shall be, phans of J. Rind. and hereby are appointed trustees of the estate, real and personal, belonging to Nicholas Brown Seabrook Rind and Mary Rind, infant children and orphans of James Rind, who died intestate. The Their powers. said trustees, or any two of them, are hereby authorized and empowered to lease or rent out the houses lately erected under the direction of the said John Seabrook, on certain lots belonging to the said orphans, and situated near the market house in the city of Richmond, for such term of years as shall be necessary for the purpose of raising a sum of money sufficient to defray the expenses incurred in building the said houses, which money shall be applied by them to that purpose. And the said trustees, or any two of them, are also hereby empowered to erect or cause to be crected, on any lot or lots belonging to the said orphans, such house or houses as they shall think proper, and to lease or rent out the same for such term of years as shall be sufficient for raising an adequate sum for defraying the expenses of erecting such house or houses, which money shall accordingly be applied by them to that purpose. And the said trustees shall be authorized to receive any monies to which the said orphans may be entitled, and to expend and apply the same towards making the improvements aforesaid.

2. So soon as the aforesaid Nicholas B. S. Rind, the eldest of the Trustees to render said orphans, shall arrive to the age of twenty-one years, or in case ceedings to court of his death before that period, then at such time as he would, if i hustings of living, have attained that age, it shall be the duty of the said trustees, or such of them as may act under this law, to render to the court of hustings of the city of Richmond, to be there recorded, an account of their actings and proceedings by virtue of this act.

3. This act shall be in force from the passing thereof.

Commopocment.

Chap. 59.-An ACT remitting certain fines to John and Thomas Warren.

(Passed January 23, 1806.) 1. Be it enacted by the general assembly, That the fines imposed Certain fines im. at the May term of the district court of Suffolk, in the year eighteen Thomas Warren, hundred and two, upon John and Thomas Warren,

the one upon John Warren, to the amount of three thousand and fifty-eight dollars, the other upon Thomas Warren, to the amount of two thousand three hundred and sixteen dollars, shall be, and they are hereby, to

remitted.

Proviso.

all intents and purposes, fully remitted : Provided always, That
nothing in this act contained, nor any statute of limitation, nor any
proceedings heretofore had against the said John and Thomas War-
ren, shall be so construed as to bar another prosecution against the
said John Warren and Thomas Warren, or either of them, for the
same offence for which the indictment aforesaid was formerly exhi-
bited against them, but that a new indictment may be found against
them, or either of them, and the same proceedings thereupon had
as though this act had never been passed.

2. This act shall commence and be in force from and after the
passing thereof.

Commoncement.

Chap. 60.–An ACT altering the time of holding a quarterly court for

Northampton county.

(Passed January 24, 1806.) Quartorly court Be it enacted by the general assembly, That in future a quarto be held in Sep terly court for the county of Northampton shall be held in the month tomber instead of of September, instead of the month of August, in every year. August.

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Chap. 61.–An ACT conce

ncerning James Terlington.

(Passed January 24, 1806.)
Money to be paid 1. Be it enacted by the general assembly, That James Terlington,
tonJames Terling jailor of the county of Nansemond for the year one thousand eight

hundred and three, shall be entitled to receive out of any money in
the treasury, the sum of seventy-seven dollars and twenty-six cents
for committing, keeping, and defraying the expenses of a lunatic
from the eighteenth day of May until the twenty-ninth of Decem-
ber, in the year aforesaid; and the auditor of public accounts is
hereby authorized and required to issue his warrant for the same to

the said James Terlington, either in person or by attorney. Commencement. 2. This act shall commence and be in force from and after the

passing thereof.

Chap. 62.-An ACT allowing a further time to the Potowmac company for
completing the navigation of the Potowmac river, and for other purposes.

(Passed January 24, 1806.)
Further time of 1. Be it enacted by the general assembly, That the further time
five years allowed of five years, to be computed from the expiration of the term already
ny to complete na- granted, shall be and is hereby allowed the Potowmac company to
vigation.

complete the navigation of the Potowmac river.
Manner of trang. 2. And be it further enacted, That whensoever any person or
ferring interest in
said company.

persons shall seal and deliver a writing, purporting to be a convey-
ance of any share or shares in the said company, or of any interest
in such share or shares, the said writing shall be sufficient for trans-
ferring such share or shares, or interest therejn, if the same be ac-
knowledged by the parties making such conveyance, or proved by
three witnesses of the sealing and delivery of the writing, before
any court of law, or two magistrates thereof, or the mayor or other
chief magistrate of any city, town or corporation, certified by such
court, magistrates, mayor or chief magistrate, in the manner such
acts are usually authenticated by them, and entered, registered or
recorded in the books of the said company, within the time now al-
lowed by law for making such entry, register or record as aforesaid.
And where a feme covert shall be a party making any conveyance

as aforesaid, her acknowledgment thereof may be taken without the formality of a commission to be issued for that purpose; but shall be made by such feme covert privily and apart from her husband as heretofore, in presence of the court or persons herein authorized to certify the same, before the said writing shall be considered as effectual for conveying the right or interest of such feme covert.

3. This act shall be in force from the passing thereof.

Commencement.

into this state may

CHAP. 63.-An ACT to amend the several laws concerning slaves.

(Passed January 25, 1806.) 1. Be it enacted by the general assembly, That if any slave or Slaves brought slaves shall hereafter be brought into this commonwealth, and shall

bo sold, &c. either be kept therein one whole year, or so long at different times as shall amount to one year, or shall be sold or hired within this commonwealth, in every such case, the owner shall forfeit all right to such slave or slaves, which right shall absolutely vest in the overseers of the poor of any county or corporation, who shall apprehend, or shall attempt to apprehend such forfeited slave or slaves within their jurisdiction, in trust for the benefit of the poor of such county or corporation.

2. Upon complaint made by the overseers of the poor or any one Duty of magistrato of them to a magistrate of the county or corporation where any such on complaint slave may be, he shall issue his warrant, directed to any officer of the county or corporation, commanding him to bring such slave before him or some other magistrate thereof, and moreover to summon the owner or holder, if he be found in the county or corporation, to appear in like manner and answer the same.

3. The magistrate before whom any such slave may be brought, shall, upon enquiry into the facts, either dismiss the prosecution, or require the owner or holder, if he shall appear, to enter into a recognizance with security, payable to the governor of the commonwealth and his successors, in a penalty equal to double the value of each slave, with a condition to appear at the next court which may be held for the county or corporation, be the same monthly or quarterly, and abide by and perform the order of such court; which recognizance, together with the warrant, shall be forthwith returned by him to the clerk of the court.

4. If the owner or holder shall not be in the county or corporation, shall fail to appear, having been summoned, or shall be unable, or refuse to give security as aforesaid, in either case, the magistrate before whom any such slave may be brought, shall cause the said slave to be delivered to the sheriff of the county, or serjeant of the corporation, to be by him safely kept, so that such slave be brought before the next court which may be held therein.

5. Upon the appearance of the party in discharge of his recog- Jury to be impannizance, or if he shall fail to appear in discharge thereof, the court

nelled. to which he was bound to appear, shall immediately cause a jury to be impannelled, to try the facts without the formality of pleading, unless good cause be shewn for a continuance; and if the jury shall Slave to be sold. find that the said slave or slaves were brought into this commonwealth, and have remained therein, contrary to the provisions of this act, the court shall make an order, directing him, her or them to be delivered to the overseers of the poor, to be by them sold for cash and applied as herein directed.

Proceedings

6. If the owner or holder of such slave or slaves be not within
where owner is
not in the county.

the county or corporation, or shall not have been summoned as afore-
said, the court shall make an order, requiring the owner or holder
to appear at some court day, to be specified in such order, to defend
his right; which order shall be published at the front door of the
courthouse of the county or corporation for two successive court
days, and inserted in some newspaper printed in this state, four times
successively. The court to which the owner or holder is directed
to appear as aforesaid, shall proceed to impannel a jury in like man-
ner, and make a like order for a delivery to, and sale by the over-

seers of the poor, as if the owner or holder had regularly appeared. Appropriation of 7. The nett proceeds of such sale, in either case, after deducting proceeds of such ten per centum as an allowance to such of the overseers of the poor sale.

as have commenced the prosecution, and the legal costs attending
the same, shall go towards lessening the poor rates of such county

or corporation.
Penalty on persons 8. Every person hereafter bringing into this commonwealth any
beringing slaves, slave or slaves, contrary to this act, shall forfeit and pay the sum of

four hundred dollars for every slave so brought in; and every per-
son selling, buying or hiring any such slave or slaves, knowing the
same to have been brought in contrary to the provisions of this act,
shall forfeit and pay the sum of four hundred dollars for every slave
so bought, sold or hired; which forfeitures shall accrue to the use
of the commonwealth, to be recovered by action of debt or informa-
tion, in which the defendant shall be held to special bail; judgment
shall be rendered without regard to any exception for want of form,
and an attorney's fee of twenty dollars shall be taxed in the bill of

costs.
Such slave not to 9. Any slave who hath been, or hereafter shall be brought into
bo paid for is exe- this state contrary to law, or who shall be passing through the state

by land or water, and shall commit a capital crime, and be tried
and executed therefor within this commonwealth, shall not be valued
by the court condemning him or her, nor paid for out of the pub-
lic treasury. Nor shall any slave be paid for who shall be convicted
and executed for the commission of a crime, in the perpetration of
which the owner shall be either a principal or accessary, and be

thereof convicted.
Emancipated' 10. And be it further enacted, That if any slave hereafter eman-
dom by remaining cipated shall remain within this commonwealth more than twelve
twelve months. months after his or her right to freedom shall have accrued, he or

she shall forfeit all such right, and may be apprehended and sold by
the overseers of the poor of any county or corporation in which he
or she shall be found, for the benefit of the poor of such county or
corporation.

1. Every overseer of the poor within this commonwealth shall,
in addition to the oaths prescribed by law, take the following: "1,
A. B., do swear, that I will faithfully enforce the laws to prevent

the importation of slaves." If cast in prosecu 12. If in any action or prosecution by the overseers of the poor tion, to pay costs in virtue of this act, they shall be cast, they shall not be liable for of .

costs; but the same shall be defrayed out of the levy laid by them. Power of execu. 13. Nothing in this act shall be construed so as to abridge the

power of the executive to remove slaves brought into this state, con-
ferred by the fourth section of an act passed on the twenty-first day
of January, one thousand eight hundred and one, entitled, “ An act

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Overseer of the poor to take an oath.

tive in certain cases remains.

to amend the act, entitled, 'an act to reduce into one the several acts concerning slaves, free negroes and mulattoes,' " or so as to repeal an act, entitled, An act authurizing the removal of slaves from the county of Alexandria in the District of Columbia.

14. All acts and parts of acts contrary to the meaning and intent Repealing clause. of this act, shall be and the same hereby are repealed.

15. This act shall be given in charge to every grand jury within This act to be this commonwealth.

giveu in charge to

"grand juries. 16. This act shall commence and be in force from and after the Commencement., first day of May next.

Caap. 64.–An ACT to amend the act, entitled, “ An act directing the me

thod of proceeding in courts of equity against absent debtors and other ab. sent defendants, and for settling the proceedings on attachments against absconding debtors."

(Passed January 25, 1806.) 1. Be it enacted by the general assembly, That whenever any Creditor suspocecreditor whose claim amounts to ten dollars, or four hundred pounds about to remove, of tobacco, shall have sufficient grounds to suspect that his debtor mag attach, &c. will remove with his effects out of this commonwealth before his debt will be payable, or whenever such debtor shall have so removed, leaving effects, it shall be lawful for such creditor to go before any magistrate of the county or corporation where his debtor resides, or in case such debtor has so removed, where he last resided, or where his effects may be found, and make oath to the true amount of his debt, and the time when it will be payable, and that he has just cause to suspect and verily believes that such debtor will remove himself with his effects out of the commonwealth before the said debt will become payable, or hath actually so removed, and also that he had no knowledge when the said debt was contracted of the intention of such debtor so to remove, and thereupon such magistrate, taking bond and security from the creditor as in other cases of attachments, shall issue an attachment against the goods and chattels of the debtor, returnable to the next court to be bolden for such county or corporation; which attachment may be served on any goods and chattels of such debtor, or on any garnishee or garnishees. If such debtor shall not, on or before the return of such attachment, enter into bond with sufficient security for the payment of the said debt when it will become due, the court, on due proof of the justice thereof, and of the intention of the debtor to remove, or of his having actually removed out of this commonwealth, shall gránt judgment as in other cases of attachments; but execution shall be stayed against any garnishee who shall state that he is indebted, or will at a future day be indebted to the defendant, until the claim of the plaintiff or such garnishee's debt to the defendant shall become due; and the goods condemned shall be sold on a credit until the time when the plaintiff's claim shall be payable. The sheriff or other officer selling such goods, shall take a bond or bonds, with good security, from the purchaser or purchasers, and assign the same to the plaintiff to the amount of his debt, interest and costs; and where the property sold shall amount to more than the debt, interest and costs, shall take a bond with good security for the surplus, and assign the same to the defendant: Provided always, That not more of the goods attached shall be sold than shall be necessary 10 satisfy the debt, interest and costs, except in cases where the pro

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