how exeroi.

VI. Be it further enacted, That whensoever any citizen of this commonwealth shall, by deed in writing, Expatriation, under his hand and seal, executed in the presence of sed. and subscribed by three witnesses, and by them, or two of them, proved in the general court or the court of the county wherein he resides, or by open verbal declaration made in either of the said courts, to be by them entered of record, declare that he relinquishes the character of a citizen, and shall depart out of this commonwealth, such person shall, from the time of his departure, be considered as having exercised his right of expatriation, and shall thenceforth be deemed no ci

tizen.

Act of 1779

VII. And be it further enacted, That the act of assembly, passed in the year one thousand seven hun- repealed. dred and seventy nine, entitled, "An act declaring who shall be deemed citizens of this commonwealth," shall be, and the same is hereby repealed. And whereas it is just and necessary to prevent the admission into this state of those persons who, being either citizens or natives of some of the United States, have withdrawn themselves from their country, and actually been in arms, aiding and abetting the common enemy in their endeavours to subvert the rights and liberties of America:

VIII. Be it therefore enacted, That all perscus who, who prohibhaving accepted a military commission from the United ited from miStates, or any of them, or who having taken the oath grating to, or of fidelity to any of the United States, or who having tizens of this becoming ci. been natives of, or residents in any of the United States commonon the nineteenth day of April, in the year one thou- wealth. sand seven hundred and seventy five, or at any time since, have at any time during the late war voluntarily joined themselves to the fleets or armies of the king of Great Britain, or have voluntarily borne arms against the United States, or any of them, in any garrison, post, or fortification, or other place whatsoever within their territories, or on their coasts, or have been owner, or part owner, of any privateer or other armed vessel cruising against the said United States, or any of them and all and every person and persons who at any time acted as a member of the board commonly called the board of refugee commissioners at New York, or under the authority, or by the direction of the said board, shall be, and they are hereby prohibited from migra

Proceedings against such prohibited persons.

Incapacity to

sue.

ting to, or becoming citizens of this commonwealth; and all such persons shall be equally subject to the pains, penalties, and disabilities of this act, although they have been heretofore, or shall be hereafter admitted to take the oaths of fidelity to this commonwealth in any court of record within the same, as if they had never taken the same.

IX. And be it further enacted, That all and every person and persons prohibited by this act from migrating to this commonwealth, who shall be found within the same, shall and may be prosecuted in the general court of this commonwealth, as for a misdemeanor; and if, upon trial, such person or persons be found guilty of a breach of this act, such person or persons shall be imprisoned for a term not exceeding six months, in the public jail of this commonwealth, without bail or mainprise, and may be fined at the discretion of the said court, in any sum not exceeding one hundred pounds, and shall moreover stand committed until such fine be paid. And if the person or persons so convicted, shall be found at large in this commonwealth, after the fexpiration of one year from the time of his or their conviction, or of one month from the time of his or their enlargement from jail, such person or persons shall be committed to the public jail, and upon proof being made of the identity of such person or persons, he or they shall be thereafter imprisoned in the public jail for the space of five years, without bail or mainprise, and shall moreover forfeit all his goods and chattels, lands and tenements, for the use of the commonwealth. And if any person, prohibited by this act from migrating to this commonwealth, shall institute any suit or action whatsoever in any of the courts of this cominonwealth, against any citizen of this commonwealth, or other person by law entitled to become a citizen thereof, the defendant or defendants inay plead this act in bar of such action or suit; and if upon the trial of the cause it shall appear that the plaintiff is by this act probibited from migrating to this commonwealth, and that the cause of action arose within the same after the commencement of this act, the jury shall find for the defendant or defendants, and thereupon judgment shall be given against the plaintiff with treble costs of suit. And the clerk of the court in which such cause shall be tried, shall, within one month thereafter, transmit a co

py of the record, together with the names of the witnesses sworn on the part of the defendant or defendants, to the attorney general of this commonwealth, who shall, at the next succeeding session of the general court, file an information, or prefer an indictment to the grand jury, against the person or persons against whom such verdict and judgment shall have been given.

ted.

X. And be it further enacted, That all persons resi- All other perdent in this or any other of the United States on the sons permit. said nineteenth day of April, and not included in the above description, who are at present prohibited by law from migrating to this state, shall be, and they are hereby permitted to migrate into and enjoy all the rights of citizenship, except that they shall not be capable of voting for members to either house of assembly, or of holding or exercising any office of trust or profit civil or military. Provided, That nothing herein contained shall be construed so as to contravene the treaty of peace with Great Britain lately concluded.

ed.

XI. And be it further enacted, That full and ample Protection to protection shall be given to all persons who shall come whom extend into this commonwealth upon lawful business, except those who are prohibited by this act from migrating into this state. Provided, That nothing herein contained shall be construed to divest any person of the rights of citizenship, who hath legally obtained the same under two acts of assembly, the one, intituled, "An act for the admission of emigrants, and declaring their rights to citizenship;" the other, intituled "An act prohibiting the migration of certain persons to this commonwealth, and for other purposes;" but that any person, who hath by deceit or collusion, or in any manner contrary to the true intent and meaning of the said recited acts obtained the same, shall be prosecuted under this act.

course with

XII. And be it further enacted, That the act, inti- Act prohibittuled, "An act to prohibit intercourse with, and the ing interadmission of British subjects into this state," and also, British subso much of every other act or acts of assembly, as jects repeal. comes within the meaning of this act, shall be, and the same is hereby repealed.

ed.

CHAP. XI.

An act to amend an act, intituled, An act to repeal an act, intituled An act concerning entries and surveys on the Western waters, and for other purposes.

I. WHEREAS the act, intituled "An act to repeal an act, intituled An act concerning entries and surveys on the Western waters, and for other purposes," requiring that the owners of entries shall appoint agents or attornies in each county where such entries are made, and notify such appointments to the principal surveyor of the county, by the first day of February, one thousand seven hundred and eighty seven, and declaring that on failure thereof, such entries shall be void, whereby many of the good people on the western waters, through ignorance of the said recited act, are likely to be injured by a forfeiture of their entries: For remedy whereof,

11. Be it enacted, That no entry shall be forfeited under the said recited act, for and during the term of two years, after the passing this act.

Act incorpo

CHAP. XII.

An act to repeal the act for incorporating the Protestant Episcopal Church and for other purposes.

I. BE it enacted by the General Assembly, That rating Protes the act, intituled "An act for incorporating the Protant Episco testant Episcopal Church," shall be, and the same is repealed. hereby repealed: Saving to all religious societies the

pal Church

property to them respectively belonging, who are here- Each religi ous society se by authorised to appoint from time to time, according cured in its to the rules of their sect, trustees, who shall be capa- property and ble of managing and applying such property to the re- authorized to ligious uses of such societies. And to guard against regulate its all doubts and misconstructions,

11. Be it further enacted, and declared, That so much of all laws now in force, as prevents any religious society from regulating its own discipline, shall be, and is hereby repealed.

(wn disci

pline.

CHAP. XIII.

An act to suspend an act, intituled An act for the establishment of courts of assize.

I. BE it enacted by the General Assembly, That the act, intituled "An act for the establishment of Acts estab courts af assize," be, and the same is hereby suspended of assize furlishing courts until the first day of January, in the year of our Lord, ther suspendone thousand seven hundred and eighty eight: And ed. that the general court shall proceed in all things in the same manner, as if the said act had never passed.

CHAP. XIV.

An act for affording protection from arrests to witnesses summoned to attend to orders for reference and surveys.

Witness at tending refer ences and or

I. WHEREAS it is reasonable that persons summoned to attend as witnesses on references, or surveys, to be made under an order of either the high court of ders of surchancery, general, county, or corporation courts of vey, privile