commendation shall have been made, as also of all the justices of such county. when clerk to be 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. CHAP. 58.-An ACT appointing trustees of the estate belonging to the orphans Commencement. estate of the or 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 Thoir 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 erected, 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. account of pro Richmond. 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 ecedings to court of his death before that period, then at such time as he would, if of 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. CHAP. 59.-An ACT remitting certain fines to John and Thomas Warren. [Passed January 23, 1806.] Commencement. posed on John and remitted. 1. Be it enacted by the general assembly, That the fines imposed Certain fines imat 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 Proviso. Commencement. Quarterly court for Northampton 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 Warren, shall be so construed as to bar another prosecution against the said John Warren and Thomas Warren, or either of them, for thể same offence for which the indictment aforesaid was formerly exhibited 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. CHAP. 60.-An ACT altering the time of holding a quarterly court for Northampton county. (Passed January 24, 1806.) 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 tember instead of of September, instead of the month of August, in every year. August. Money to be paid ton. CHAP. 61.-An ACT concerning James Terlington. 1. Be it enacted by the general assembly, That James Terlington, to James 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 December, 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 T'erlington, either in person or by attorney. Commencement. Further time of Potowmac compa 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 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 complete the navigation of the Potowmac river. vigation. Manner of transferring interest in said company. 2. And be it further enacted, That whensoever any person or shall seal and deliver a writing, purporting to be a conveypersons 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 transferring such share or shares, or interest therein, if the same be acknowledged 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 allowed 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 CHAP. 63.—An ACT to amend the several laws concerning slaves. 1. Be it enacted by the general assembly, That if any slave or slaves shall hereafter be brought into this commonwealth, and shall 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. made. 2. Upon complaint made by the overseers of the poor or any one Duty of magistrate 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. nelled. 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 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 where owner is not in the county. sale. 6. If the owner or holder of such slave or slaves be not within the county or corporation, or shall not have been summoned as aforesaid, 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 manner, and make a like order for a delivery to, and sale by the overseers 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 as have commenced the prosecution, and the legal costs attending the same, shall go towards lessening the poor rates of such county or corporation. Such slave not to cuted. 8. Every person hereafter bringing into this commonwealth any 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 person 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 information, 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. 9. Any slave who hath been, or hereafter shall be brought into be paid for if 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 public 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' slaves forfeit free twelve months. 10. And be it further enacted, That if any slave hereafter emandom by remaining cipated shall remain within this commonwealth more than twelve 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. Overseer of the poor to take an oath. If cast in prosecu 11. 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." 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 costs; but the same shall be defrayed out of the levy laid by them. out of levy. Power of executive in certain cases remains. 13. Nothing in this act shall be construed so as to abridge the power of the executive to remove slaves brought into this state, conferred by the fourth section of an act passed on the twenty-first day of January, one thousand eight hundred and one, entitled, “ An act 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 authorizing 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. given in charge to grand juries. 16. This act shall commence and be in force from and after the Commencement. first day of May next. CHAP. 64.-An ACT to amend the act, entitled, "An act directing the method 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 suspectcreditor whose claim amounts to ten dollars, or four hundred pounds about to remove, ing his debtor of tobacco, shall have sufficient grounds to suspect that his debtor may 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 holden 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 grant 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 to satisfy the debt, interest and costs, except in cases where the pro |
