vent fraudu

after such gifts, by which the donees have been considered as the owners of such slaves, and have obtained credit thereby. And whereas, from a late adjudication in a question arising on the said recited acts, it was determined that all gifts of slaves since the said acts are void, unless made in writing or confirmed by will, as in the said acts is directed; which late adjudication, by disquieting and disturbing possessions, will tend to produce infinite disputes and litigation, and contrary to the intention of the donors, to deprive children of the provisions made for them by their deceased parents, injure husbands who have married women possessed of slaves under such gifts, defraud creditors and purchasers of and under such donees, and multiply the mischiefs the said acts were intended to remedy: For prevention whereof,

II. Be it enacted by the General Assembly, That the Construction said recited acts for preventing fraudulent gifts of of acts to pre- slaves, shall from and after the passing of this act, be lent gifts of construed to extend only to gifts of slaves whereof the donors have, notwithstanding such gifts, remained in possession, and not to gifts of such slaves as have at any time come into the actual possession of, and have remained with the donee, or some person claiming under such donee.

slaves.

III. Provided always, That nothing in this act contained shall be construed to alter any adjudication heretofore made under the said two recited acts, or either of them, nor to affect the interest of any bone fide purchaser for a valuable consideration, or creditor of the donor, before the donee hath been at least three years in possession of the slave or slaves under such gift; nor in any manner to restrain or affect the operation of the act of limitations.

CHAP. XXIII.

An act respecting the appointment of county court clerks, recommendadation of surveyors, and for other purposes.

[Passed the 8th of January, 1788.]

I. WHEREAS it sometimes happens the courts of the counties within this commonwealth are so divided in the appointment of their clerks, that neither of the candidates can be elected, whereby great inconveniences arise to the suitors in such courts, and like inconveniences may happen in the recommendation of surveyors:

surveyors,

II. Be it therefore enacted by the General Assembly, Courts equalThat whensoever the court of any county within this ly divided in commonwealth shall be so divided in the appointment appou tmen 8 of a clerk, or in the recommendation of a surveyor, of clerks and that neither of the candidates shall be elected, or in the high shethe case of a surveyor recommended, it shall be law- rif to decide. ful for the high sheriff of such county, and he is hereby required, to give his vote in favor of one of those candidates, between whom the court shall be divided. And whereas by an act, intituled "An act to extend the powers of the governor and council," it is amongst other matters therein contained, enacted "that upon any charge being made against a justice of the peace for misconduct, neglect of duty, or mal-practices, it shall and may be lawful for the governor, with advice of the council, to enquire into the charge, and if the facts alledged be proved, he in that case may, with the advice aforesaid, remove such justice from the execution of his office." And whereas so much of the said act, as above recited, appears to the present assembly to be contrary to the true spirit of the constitution, which declares "that the legislative, executive, and judiciary departments, shall be separate and distinct, so that neither exercise the powers properly beJonging to the other;"

Act empowering gover.

III. Be it therefore enacted, That so much of the nor and coune said act, to extend the powers of the governor and cil to remove council, as is above recited, shall be, and the same is justices of hereby repealed.

the peace. repealed.

Remedy by

motion a. gainst delin quent sub.

scribers to

and Potow

CHAP. XXIV.

An act giving a more speedy remedy against delinquent subscribers to the Potowmack and James river companies.

[Passed the 1st of December 1787.]

I. WHEREAS it hath been represented to the general assembly, that the opening of the navigation in Potowmack and James rivers, hath been retarded by the failure of many of the members of the companies, James river instituted for the purpose of effecting the same, to pay their respective subscriptions: And whereas the mode of recovery now established by law hath been found wholly inadequate thereto; and works of such general utility to which the commonwealth hath already advanced several sums of money from time to time, as the same have been called for, ought not to be frustrated by the delinquency of individuals:

mack compa nies.

II. Be it therefore enacted by the General Assembly, That if any subscriber to the Potowmack or James river company now is, or hereafter shall be in arrear . for any sum or sums of money called for in pursuance of either of the two acts of general assembly, the one intituled "An act for opening and extending the navigation of Potowmack river," and the other intituled "An act for opening and extending the navigation of James river," it shall and may be lawful for a majority of the directors of each company to recover any such sum or sums of money from such subscriber in the general court at any additional or other session thereof, together with all legal costs, by way of motion to the court; provided the person against whom such motion may be made, hath ten days previous notice thereof. Provided also, That if the person against whom such motion may be made, or his attorney, shall desire a jury to be impannelled, the court shall direct a jury to be immediately charged to try whether he did assume to pay, and whether he hath paid: But the said directors shall not be required to prove that he did so assume, until he shall have first made oath that he did

not so assume. And it shall be lawful for the said court to direct judgment to be entered up on the verdict rendered, with costs, and execution shall issue thereupon, returnable to any day of the said session of the general court which the said court shall direct.

III. So much of the said recited acts of assembly, as comes within the purview of this act, is hereby repealed. IV. Provided always, That so much of this act as relates to the Potowmack company, shall be suspended, until the legislature of the state of Maryland, shall pass a law to the same effect.

CHAP. XXV.

An act for the preservation of the entries made for lands in the district of Kentucky.

[Passed the 20th of December, 1787.]

transcribed

I. WHEREAS it has been represented to this gene- Entries for ral assembly, that the entry-books now in posses- land- in Kension of the county-surveyors respectively, within the tucky, to be district of Kentucky, are from continual use so much in well bound worn and defaced, that many entries for lands are books. scarcely legible, and as the title of many good people of this commonwealth to the lands held by them within the aforesaid district, may eventually depend on their entries for the same;

II. Be it enacted, That the surveyor of each county within the district aforesaid, shall transcribe in their regular order, into well bound books, all original entries for lands made in his office since the county took place, whereof he is surveyor. And as it is represented, that the surveyor of Jefferson is in possession of the entry-books, containing the entries made in the county of Kentucky, before the division of the same into the counties of Lincoln, Jefferson, and Fayette,

III. Be it enacted, That the said surveyor of Jefferson, shall, in like manner, copy all original entries

nade in the said county of Kentucky, until the division aforesaid took place,

IV. And be it further enacted, That the books into which the entries shall be so transcribed, shall be furnished to the surveyor by the county lieutenant of each county respectively, to be by him purchased out of the money which now may or hereafter shall be in his hands, arising from militia fines. And so soon as any surveyor shall have copied such entries as aforesaid, he shall give information thereof to the judges of the supreme court of the said district, who shall, and they are hereby authorised and directed, to appoint one or more person or persons, being magistrates in such county, together with such surveyor, carefully to examine the copies so made out, and compare the same with the originals; and shall, together with such surveyor, certify at the end of such book the number of copies of entries therein contained, and that they are faithfully transcribed; which said book or books shall be by them delivered to the clerk of the supreme court of the said district, to be kept in his office, and shall thereafter be deemed a legal record; and all copies therefrom certified by the said clerk, shall be admitted as evidence in any court of record, in the same manner as if taken from the original entry-book, and certified by the surveyor of the county.

V. And be it further enacted, That each surveyor shall be allowed the sum of four-pence halfpenny, for each entry by him copied as aforesaid; for which sum the judges of the supreme court aforesaid, are hereby authorised and required to grant to such surveyor or surveyors, their certificate or certificates, which shall be receivable in payment of all taxes arising in said district.

Oath of judg

es district courte

CHAP. XXVI.

An act prescribing the oaths of office to judges of the district courts.

[Passed the 8th of January, 1788.j

1. WHEREAS by an act passed the present session of assembly, intituled "An act establishing district