ged from ar- this commonwealth, should be free from arrests during such their attendance:

rests.

How such witnesses summoned.

None privile. ged unless actually a wit. ness and duly summoned

II. Be it therefore enacted, That all and every such witness or witnesses, as well in coming to, or returning from, as during their attendance at such reference or survey, shall be privileged and free from arrests in like manner as witnesses attending on the said courts.

III, And be it enacted, That on application by the party, surveyor, or referees, interested in or acting under the order of any such court, the clerk of the court from whence the order for a survey or reference shall issue, may and shall grant one or more subpoenas, as the case may require, commanding the attendance of the witness or witnesses, at such time and place as shall by the person requiring the said subpoena or subpoenas to issue, be directed. And if any person, duly served with such subpoena, shall fail to attend at the time and place therein mentioned, he or she so failing, shall be liable to the same penalty, and to the like action for damages, as in case of non-attendance upon a trial in court after having been regularly summoned thereto. And whereas, an abuse of those privileges which are granted for the furtherance of justice, ought to be carefully guarded against;

IV. Be it further enacted, That no person whatsoever attending any of the courts in this commonwealth, or upon any reference or survey, by order of any such court, in virtue of any subpoena, shall be privileged from an arrest by original or other process, unless such person shall be actually a witness in the matter in such supoenas expressed, nor unless the said supoenas shall have been first duly executed by a sworn officer, or by some other indifferent person who shall have made oath to the due execution thereof.

Preamble.

CHAP. XV.

An act to empower securities to reco-
ver damages in a summary way.

1. WHEREAS many persons have been reduced
from affluence to poverty, by securityships, and it fre-

quently happens that the security or securities upon bonds or other obligations, their heirs, executors, or administrators, have been compelled to pay the whole, or the greater part of the debt due upon such bonds or obligations, and in many cases have not been able, by the insolvency of the principal or principals, or a tardy administration of justice, to recover from them or their representatives, the whole or any part of the amount of such debts, whereby the said securities have been involved in great inconveniences, and often times in manifest ruin: For remedy whereof,

II. Be it enacted, That in all cases where judgment Securities' hath been, or shall hereafter be entered up in any of summary remedy against the courts of record within this commonwealth, against their princiany person or persons, as security or securities, their pals. heirs, executors, administrators, or assigns, upon any note, bill, bond, or obligation, and the amonnt of such judgment, or any part thereof, hath been paid or discharged by such security or securities, his, her, or their heirs, executors, administrators, or asssigns, it shall and may be lawful for such security or securities, his, her, or their executors, administrators, or assigns, to obtain judgment by motion against such principal obligor, or obligors, his, her, or their heirs, executors, administrators, or assigns, for the full amount of what shall have been paid by the said security or securities, his, her, or their executors, administrators, or assigns, in any court where such judgment may have been entered up against such security, or securities, his, her, or their heirs, executors, administrators, or assigns.

III. And be it further enacted, That where the prin- Contribution cipal obligor, or obligors, have, or hereafter shall be- among secu rities, how come insolvent, and there have been or shall be two or enforced. more securities jointly bound with the said principal obligor, or obligors, in any bond, bill, note, or other obligation, for the payment of money, or other thing, and judgment hath been, or hereafter shall be obtained against one or more of such securities, it shall and may be lawful for the court before whom such judgment was or shall be obtained, upon motion of the party or parties, against whom judgment hath been entered up as securities aforesaid, to grant judgment, and award execution against all and every of the obligors and their legal representatives, for their and each of their respective shares and proportions of the said debt.

not to confess

judgment.

IV. And be it further enacted, That no security or Securities securities, his, her, or their executors, administrators, or assigns, shall be suffered to confess judgment, so as to distress his, her, or their principal, or principals, if such principal, or principals, will enter him, her, or themselves a defendant or defendants to the suit, and tender to the said security or securities, his, her, or their executors, administrators, or assigns, other good and sufficient collateral security, to be approved of by the court before whom the suit shall be depending, Provided always, That no judgment shall be obtained by motion as aforesaid, unless the party or parties, against whom the same is prayed, shall have ten days previous notice thereof.

Preamble.

Duty of clerks, as to

CHAP. XVI.

An act to compel the clerks of inferior courts to perform certain duties, and for other purposes.

I. WHEREAS by an act of the general assembly of this commonwealth, intituled "An act for establishing a general court, it is, among other things, enacted that when any person, other than a slave, charged with any criminal offence, shall be examined before a court for that purpose to be convened and held, if it shall be the opinion of the court, before whom such persons shall be examined, that he or she ought to be tried in the general court, such examining court shall cause the depositions of the witnesses to be taken, and bind such as they shall think proper by recognizances, to appear and give evidence against such person at his or her trial, which duty hath heretofore been in great measure neglected, whereby great inconveniences and delays have been incurred in the administration of justice: For remedy whereof,

II. Be it enacted, That when any person, other than depositions, a slave, charged with any criminal offence, shall be

further trial

examined before any court for that purpose convened when crimi. and held pursuant to the directions of the said recited nal is sent for act, if the court before whom such person shall be ex- from examin amined shall be of opinion that the prisoner ought to ing courts be tried in the general court, they shall cause the clerk of the court to take the depositions of all such witnesses as shall be by the said court bound in a recognizance to appear and give evidence against such prisoner at his trial; copies of which depositions so taken, the said clerk shall within ten days thereafter transmit to the clerk of the general court, together with copies of the recognizances of such witnesses, and also a copy of the recognizance of such prisoner, if he or she shall be by the justices of the said court admitted to bail, and in case of failure in either case, such clerk shall forfeit the sum of twenty five pounds, for the use of the commonwealth, to be recovered with costs, on motion in the general court by the solicitor or attorney general on behalf of the commonwealth; provided such clerk have ten days. previous notice thereof. And the clerk of the general court shall immediately on the receipt of such copies of depositions, transmit other copies thereof to the attorney general, for the use of his office. And whereas the omission of the name of the parish, town, ville or hamlet, in which any crime or offence is supposed to be committed, hath been conceived to be fatal in indictments for such crimes or offences, and there being in several counties within this commonwealth neither parish, town, ville or hamlet:

Omission of

ville, or ham

III. Be it therefore enacted, That no indictment for high treason, petty treason, misprision of treason, murder, or other felony or offence whatsoever, shall be parish, town, quashed for the omission of the name of any parish, let, not fatal town, ville or hamlet, within any county of this com- in indict monwealth; nor shall such omission, after conviction ments. on such indictment, be any cause to stay or arrest judgment; nor shall any judgment on such indictment be liable to be reversed on a writ of error, by reason of such omission; nor shall any judgment in any court within this commonwealth be reversed by writ of error or otherwise, because of any such omission in any declaration, count or piea whatsoever.

CHAP. XVII.

An act to amend the act, intituled Ar act to provide for the poor of the several counties within this commonwealth.

1. WHEREAS the act passed at the last session of Act provide assembly, to provide for the poor within this commonpoor, amend. wealth, hath been found inadequate to their relief:

ing for the

ed.

Election of overseers of the poor.

11. Be it enacted by the General Assembly, That where no election of overseers of the poor hath been made according to the direction of the said act, it shall and may be lawful for the court of such county, at any future session, to divide the same, and do such other acts as were directed by the said act for the appointment of overseers. That where there is or shall be a vacancy in any appointment of overseers already made, or hereafter to be made, by reason of the person chosen refusing to serve or otherwise, the court of the county, wherein the same shall be, is hereby required to have the same filled up in the manuer prescribed by the said act for the original appointment. That the time of service, as fixed by the aforesaid act, shall in all cases be computed from the first day of April last, and the general elections shall in all cases be computed from the first day of April, in the year in which they shall be made, notwithstanding the time of service shall thereby be made shorter than the said act directs; that all appointments made for filling up vacancies, and all elections made between the general triennial elections, shall be for the time which shall be unexpired of the three years, and no longer. The county court may at any session within six months be fore the first day of April, which will be in the year in which the general election of overseers is to be held, enter into the measures directed by the said act for regulating the said elections, and may fix some convenient day for holding the same. And the person, who has been or shall hereafter be appointed to superintend any election, shall return the names of the person or persons chosen, to the clerk of the county, who sha!!