1806. Repealing clause. Commencement. the act, entituled, an act reducing into one the several acts concerning executions and for the relief of insolvent debtors." (a) 5. All acts and parts of acts, coming within the purview of this act, shall be and the same are hereby repealed. 6. This act shall commence and be in force from and after the passing thereof. Bond to be taken 1. of constables. CHAP. XCVIII. An Act to amend the Act concerning Constables.* [Passed January 10, 1807.] BE it enacted by the General Assembly, That every constan ble hereafter to be appointed by a county or corporation court, shall enter into bond in such penalty, not being less than five hundred dollars, nor more than fifteen hundred dollars, as such court in their discretion shall direct, and in the manner and form now prescribed by law. 2. And be it further enacted, That the several county courts within this commonwealth shall, from time to time, when they appoint constables under the act concerning constables, lay off their respective counties into so many districts as they may deem convenient, and assign one or more constables to each. And it shall be the duty of every constable to confine himself in the service of warrants and executions to the limits of his district, and return all warrants to some place within his district. And every constable who shall execute any warrant, or levy any execution contrary to the provisions of this act, shall forfeit and pay the sum of five dollars for every offence, to be recovered against such constable and his security or securities, his, her.or their executors or administrators, before the court of the county wherein such constable was appointed, by motion, on ten days previous notice. 3. And be it further enacted, That every constable who shall demand and receive any fee or compensation, when by law he is not entitled to any, or shall demand and receive more than is allowed by law, shall forfeit and pay to the party injured, three dollars for every offence and shall moreover be liable to double the sum so improperly received; to be recovered on motion, in the court of the county where such constable has been appointed, against him and his security or securities, his, her or their executors or admi nistrators, by motion, on ten days previous notice. 4. This act shall be in force from the passing thereof. (a) See Rev Code, vol. 1, ch. 151, pa. 305-See also ante ch. 43, sec. 2, by which a motion may be made against a principal sheriff and his securities jointly, for money received by him or his under sheriff, and not paid to the party untitled-See also Rev. Code, vol. 1, ch. 176, sec. 8, pa. 325, where a like remedy given against a sheriff and his securities, for not returning an execution, or as tachment for not performing a decree in chancery. See ante chap. CHAP. XCIX. An Act to amend an Act, entituled, an Act, "To amend the several [Passed January 12, 1807.] 1806. HEREAS inconveniences have arisen from the operation of Preamble, cerning slaves;" for remedy whereof, 1. BE it enacted by the General Assembly, That when any inha Person leaving bitant of this state, shall have left or shall leave the same, with an this state with intention to return to his or her residence in this state, and shall view of returnhave carried or shall carry with him or her, his or her slaves, or any of ing, may bring back his slaves, them, every such person shall have the right of bringing back with him or her into this state, such slaves, when he or she shall return again into the same. may work his 2. Be it further enacted, That any person, whose land may ex- Where land extend across the boundary line of this state, or who cultivates land tends across adjoining upon both sides of the said line, shall have the privilege state line, owner of working and removing his or her slaves on either side thereof, hands on each according to his or her pleasure; but no slave owned in another side, &c. state, and so to be employed in this state, shall be sold, or otherwise employed therein. And any person, an inhabitant of this state on the twenty-fifth day of January last, shall also have the right, within six months after the passage of this act, of bringing into this state any slaves, and their increase since that day, whereof he was then and is now, the real owner. Inhabitant of o. 3. Any person, an inhabitant of any other state, shall have the ther state may privilege of employing his or her slaves in carrying his or her pro- bring produce to duce to any market, or as travelling servants, in this state. market in this state with his 4. All acts and parts of acts coming within the purview of this slaves, &c. act, are hereby repealed. * Repealing clause. 5. This act shall commence and be in force from and after the Commencement, passing thereof. CHAP. C. An Act to amend the Act, entituled, " An Act to reduce into one the several Acts concerning Mills, Mill-Dams and other Obstructions of Water-Courses."t 1. [Passed January 12, 1807.] BE it enacted by the General Assembly, That where any per- Regulations, &c son owning lands on one side of a water-course, the middle of the bed whereof shall be the dividing line between the lands of himself and any other person or persons, shall desire to build a water grist-mill or other machine or engine useful to the public, on his said land, and to erect a dam across the same for working such mill, machine or engine, and shall not himself have the fee simple property in the lands on the opposite side of such water-course, against which he would abut his dam, he shall make application for a writ of ad quod damnum, to the court of the county wherein the See ante chap. 69. *See Revised Code, vol. 1, ch. 105, pa. 197. 1806. Restrictions on millers. Proviso. Commencement. lands proposed for the abutment are, having given ten days previ ous notice to the proprietor thereof, if he be to be found in the county, and if not, then to his agent therein, if any he hath; whereupon such proceedings shall or may be had, as would have been authorised or required by law, in case the whole bed of such watercourse, at the time of the said application, belonged to the person desiring to build such mill, machine or engine, or to the commonwealth. 2. And be it further enacted, That the ninth section of the act to which this is an amendment, with the proviso thereto, shall be and the same is hereby repealed. And all millers shall well and sufficiently grind the grain brought to their mills for the usual consumption of the persons bringing the same, and their families, and in due turn as the same shall be brought; and may take for the toll one eighth part and no more of all grain of which the remaining part shall be ground into meal, and one sixteenth part and no more of all grain of which the remaining part shall be gronnd into hominy or malt. And every miller, or occupier of a mill, who shall not well and sufficiently grind as aforesaid, or not in due time as the same shall be brought, or take, or exact more toll, shall, for every such offence, forfeit and pay two dollars and fifty cents to the party injured, recoverable with costs, before any justice of peace of the county where such offence shall be committed. And where the miller shall be an indented servant, or slave, he shall, upon the first conviction for such offence, receive ten lashes; and upon a second conviction, twenty lashes on his or her bare back well laid on in lieu of the forfeiture aforesaid; but, upon a third conviction, the master of such servant or slave, or his overseer, or agent, shall be liable to pay two dollars and fifty cents; and so for every such offence by such servant or slave afterwards committed: Provided, That every owner or occupier of a mill shall have a right at any time to grind his or her own grain for the consumption of his or her family. And provided also, That no miller shall be obliged to run more than one pair of stones for the pur pose of grinding grain brought to his mill for the consumption of the persons bringing the same and their families. 3. This act shall be in force from the passing thereof. CHAP. CI. An Act concerning the Abatement of Suits, and Executors and Ad Regulations as 1. to abatement of suits. ministrators. [Passed January 13, 1807.] BE it the equity is now, or shall be depending E it enacted by the General Assembly, That where any ac in any court of this commonwealth, and either of the parties shall die before final judgment or decree be had, such action or suit shall not abate, if the same were originally maintainable by, or against, an executor or administrator: But the plaintiff, or, if he be dead, his executor or administrator, shall and may have a scire facias against the defendant, or, if he be dead, then against his executor or administrator, to shew cause generally why such action or suit should not be proceeded in to a final judgment or decree; and if such executor or administrator, upon the return of a scire facias executed, shall neglect or refuse to enter his or her appearance to the suit, the court may proceed to a final judgment or decree 1806. therein, in the same manner as if such executor or administrator had entered his or her appearance. And if the executor or administrator shall appear to the suit, upon the return of As to conduct of such scire facias executed, or if, without a scire facias, he executors & ad. ministrators, in or she shall voluntarily enter himself or herself defendant to such cases. such suit, then, and in either case, such executor or administrator shall have liberty to plead de novo to the plaintiff's action, every such plea or pleas as an executor or administrator may lawfully plead; or as the deceased party might, or could have pleaded, if he or she had lived. And if such executor or administrator should not desire to plead de novo, or if no issue shall have been joined, or pleadings entered before the death of his or her testator or intestate, or if any interlocutory judgment or decree shall have been entered in the lifetime of the deceased party; and the executor or administrator shall refuse to plead, or shall not desire to set aside the interlocutory judgment or decree, the court shall proceed to a final judgment or decree for or against the executor or administra tor, in the same manner as if the original writ had been issued against him or her as an executor or administrator. And the cause shall remain in its place on the issue or appearance docket, as the case may be: But the defendant, being an executor or administrator, shall be entitled to a continuance until the next term after that to which a scire facias shall have been returned executed, or at which he or she shall have voluntarily entered himself or herself a defendant. (a) Provided, That no executor or administrator shall Not to be liable be liable to answer any debt or damages, out of his or her own es- beyond assets, in tate, beyond the assets, which may have come to his or her hands, false pleading, consequence of in consequence of any false pleading, mispleading or non-pleading, mispleading or in any action now depending, or which hereafter may be brought non-pleading. or prosecuted against him, her or them, in any court within this commonwealth.(b) But nothing in this act contained, shall be so construed, as to prevent the court, in which any such suit is tried, from rendering judgment as heretofore, when it shall be found that the defendant hath sufficient assets, or for so much as shall be found to be in his hands. 2. All acts or parts of acts coming within the purview of this Repealing act, shall be and the same are hereby repealed. clause. 3. This act shall commence and be in force from and after the Commencements passing thereof. CHAP. CII. An Act to amend an Act for reducing into one Act the several Acts concerning the Court of Appeals.* [Passed January 14, 1807.] E it enacted by the General Assembly, That the vacancy Vacancy by 1. B which has recently in court ton's resignation the resignation of Paul Carrington of his office of judge in that not to be suppli court, shall not be supplied by the appointment of a successor :- ed. And that the said court shall hereafter consist of four judges, any (a) See Rev Code, vol. 1, ch. 76, sec. 20, pa. 110. (b) This provision heretofore existed with respect to the securities of executors and administrators-See Rev. Code, vol. 1, ch. 92, sec. 33, pa. 165. • See Rev. Code, vol. 1, ch. 63, 1 pa. 60. 1806. three of whom shall constitute a court, until a vacancy shall again occur by the death or resignation of one of the four remaining judg Court to consist es ; after which event, the said court shall consist of three judges, of four judges till any two of whom shall constitute a court, possessed of the same next vacancy. Then of three. powers, jurisdiction and rights, as belong to the present court. Sum heretofore appropriated to be divided amongst remain. ing judges." 2. Be it further enacted, That the sum heretofore appropriated for the payment of the five judges of the said court, shall be equally divided among the four judges now remaining, until, according to the provisions of this law, the number shall be reduced to three; after which period, it shall be equally divided among the three judg es then constituting said court. The said court shall hold three Commencement terms in every year; the first shall commence the first day of Jaand duration of nuary and continue forty-five juridical days; the second shall commence the first day of June and continue thirty-six juridical days; the third shall commence the fifth day of October and continue forty-five juridical days; unless the business before them shall be sooner done. When any day of commencement shall be on a Sunday, such term shall commence on the succeeding day. its terms. Limitation ofthe in certain cases. 3. No appeal shall hereafter be granted to any principal obligor right of appeal or obligors, his, her or their security or securities, or their execu tors or administrators, on any judgment,' or decree rendered or affirmed by any district court of common law or chancery awarding execution on any forthcoming bond; but such person or persons may obtain a writ of error or supersedeas as heretofore. No writ of error or supersedeas to be granted in open court. Commencement. 4. No appeal from any decree pronounced in any of the superior courts of chancery, or any writ of error or supersedeas, shall hereafter be granted by the court of appeals in court; but the judges, or any one of them, either in vacation or during the terms of said court, shall have power to grant any such appeal, writ of error or supersedeas, under the regulations heretofore prescribed by law. 5. This act shall commence in force from the of. CHAP. CIII. parring there An Act concerning the Proceedings in Chancery, and for other pur Chancellors may 1. direct accounts cation. Commissioner may state any doubt in writing poses. .* [Passed January 15, 1807.] E it enacted by the General Assembly, That the judges of the chancery district courts may direct an account to be to be taken in va- taken in any cause depending in their respective courts, in vacation, whenever such account would be directed if the court was in session. And whenever a commissioner engaged in taking an account in vacation, shall doubt as to the principles on which the account should be taken, or shall doubt of the propriety of admitting any item of debit or credit, contended for by a party, the commissioner may state in writing the points on which he shall doubt, and submit the same to the judge in vacation, who may thereupon decide the question or questions so submitted to him, and the commissisioner shall govern himself accordingly; but on such points submitted, no judge shall hear any arguments of counsel, except by consent of parties. to the chancellor. * See Rev. Code, vol. 1, ch. 64, pa. 63-ch. 297, pa. 426, ch. 298, pa. 4281, |