1805. All commission of are directed by law to deliver their tickets; and the several sheriffs or sergeants shall collect and account for them, as well those which may now be due, as those which shall hereafter become due, in the same manner, and under the like penalties, and shall have the same allowance for collecting, and insolvencies, as are prescribed in the case of the clerks of the said county and corporation courts. 2. And be it further enacted, That commissioners in chancery, as ers in chancery well those in the county and corporation courts, as those in the high courts of chancery, be, and they are hereby empowered to administer an oath or affirmation in all cases to them referred by their respective courts, wherein it shall be necessary to examine witnesses on oath or affirmation, and if any person sworn or affirmed by any of the said commissioners, by virtue of this act, shall give any evidence under such circumstances as would have constituted the same to be perjury if given in the presence of a court of record, the same shall be deemed perjury to all intents and purposes. may administer oaths. 3. And be it further enacted, That no justice of the peace of any county, or mayor, recorder or alderman of any corporation court, who is, or shall be commissioner in chancery, shall give an opinion on the reference of any cause, nor on the trial of any suit in which he has, or shall have acted as commissioner. 4. And be it further enacted, That the commissioners in chancery. of the superior and inferior courts in this commonwealth, shall and may issue subpoenas for witnesses to attend before them, to be executed and returned in like manner as subpenas issued by the clerks of such courts; and if a subpoena be issued by a commissioner in chancery and served upon the witness or witnesses named therein, and he, she, or they, shall fail to attend, according to the requisition of such subpoena, such commissioner shall report such default, and thereupon such proceedings shall be had before the court to which such report shall be made, as would be had if such witness or witnesses had been summoned to such court to give evidence on a trial therein depending, and had made default. And moreover, such witness or witnesses shall be liable to such action for damages at the suit of the party aggrieved, as he, she, or they would have been liable to for a default in court as aforesaid. 5. This act shall commence and be in force from and after the passing thereof. CHAP. LXVIII. An Act regulating the Manner in which certain Duties shall be Performed by the County and Corporation Courts.* 1. [Passed January 21, 1806.] E it enacted by the General Assembly, That in future it shal wealth, to make any order for the erection of any public building or buildings, bridge or bridges in such county, nor to recommend any person or persons to be by the executive appointed and commissioned justices of such county, unless a majority of the acting justices * See Revised Code, vol. 1, ch. 19, sec. 7, pa. 27, as to the erection of bridgesch. 67, sec. 13, as to the erection of public buildings-Const. V. art. 15, (vol 1, ch. 2, pa. 4, of Rev. Code,) the mode of recommending justices, and appointing clerks of courts. 180%. of the said county shall be present at the time of making such order or recommendation; or unless the court of such county shall have signified their intention of making such order or recommendation, at least one month previous thereto, and shall have caused the same to be entered of record, with directions to the sheriff of such county to summon the justices thereof to attend at the next tern for the purposes aforesaid. And it shall be the duty of the Duties of the clerk of such county certifying such recommendation or recommen- clerk. dations, to certify therewith a copy of the previous order of such court, if any shall have been made, and if no such order shall have been made, he shall certify the names of the justices present where such recommendation shall have been made, as also of all the justices of such county. 2. And be it further enacted, That whenever a vacancy shall hereafter happen in the office of clerk of a county or corporation 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 authorised to appoint a clerk pro tempore, where it shall be necessary, for the special purpose of making such order and issuing such summons. 1. 3. This act shall be in force from the first day of June next. B CHAP. LXIX. An Act to amend the several Laws concerning Slaves.* [Passed January 25, 1806.] Majority requir Commencement, E it enacted by the General Assembly, That if any slave or Slaves bro't into slaves shall hereafter be brought into this commonwealth, this state may be * See Revised Code, vol. 1, ch. 103, pa. 186, an act to reduce into one the seve ral acts concerning siaves, free negroes and mulattoes-ch. 163, pa. 315, free negroes and mulattoes in towns to be registered; and those in the counties to have their certificates registered-ch. 164, pa. 316, to prevent free negroes and mulattoes from migrating into, and slaves being brought into this state-ch. 189, pa. 346, mode of suing for freedom; widows dower in slaves emancipated by will; forging certificates of freedom-ch. 206, pa. 364, authorising citizens carrying slaves out of this state to bring them back-ch. 222, pa. 374, free persons conspiring with slaves to rebel or make insurrection, or plotting the murder of any person; harboring slaves; members of abolition societies not to serve as jurors in suits for freedom; such suits to be tried at the next term; how slaves identified who escape after sentence and before the day of execution; free negroes and mulottoes granting their registers to slaves; masters of vessels transporting slaves out of the state-ch. 244, pa. 387, stealing slaves not from possession of owner or overseer-ch. 274, pa. 407, slaves condemned to die may be sold by executive for transportation; to suffer death if they return; testimony for and against to be sent with the proceedings to the executive-ch. 283, pa. 412, suffering slaves to hire themselves out; negroes and mulattoes bond or free witnesses for and against each other; Executive to transport slaves unlawfully brought into this state; list of free negroes and mulattoes annually to be returned to court by commissioners of revenue; proceedings against them removing into another county-ch. 288, pa. 421, condemned slaves transpted, when to be paid for-ch. 305, pa. 432, additional penalty on masters of vessels permitting slaves to come on board, or dealing with them without leave-also on any person for dealing with them on a Sabbath. Ante ch. 14, free negroes and mulattoes in counties to be registered-ch. 33, slaves held in dower or for life to be registered-ch. 35, further declaring what shall be deemed unlawful meetings of slaves-ch. 47, the last mentioned act explained-ch. 51, act for registering slaves amended-ch. 60, penalty for carrying slaves off; additional penalty on masters of vessels permitting slaves to come on board, or dealing with them without leave; black or mulatto orphan not to be taught reading, writing or arithmetic-Post. ch. 83, free negroes and mulattoes not to keep arms, &c. unless by license from their court. sold, ke 1805. Duty of magis trate on com plaint made. Jury to be impannelled. 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 for feit 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 apprehen 1, 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. (a) 2. Upon complaint made by the overseers of the poor or any one of them to a magistrate of the county or corporation where any such 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 va lue 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 sergeant of the corporation, to be by him safely kept, so that such slave be brought before the next court which may be held therein. 5. Upon the appearance of the party in discharge of his recognizance, 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 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 Slave to be sold, 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 Hot in the county. 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 (a) Certain cases not to be affected by the operation of this act, see posti chap. 99. 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. 1805. 7. The nett proceeds of such sale, in either case, after deduct- Appropriation of ing ten per centum as an allowance to such of the overseers of the proceeds of such poor as have commenced the prosecution, and the legal costs at- sale. tending the same, shall go towards lessening the poor rates of such county or corporation. 8. Every person hereafter bringing into this commonwealth, Penalty on per any slave or slaves, contrary to this act, shall forfeit and pay the sons bringing sum of four hundred dollars for every slave so brought in; and e- slaves, &c. very 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 Such slave not this state contrary to law, or who shall be passing through the state to be paid for if by land or water, and shall commit a capital crime, and be tried executed. 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. 10. And be it further enacted, That if any slave hereafter eman- Emancipated eipated, shall remain within this commonwealth more than twelve slaves forfeit freedom by remonths after his or her right to freedom shall have accrued, he or maining twelve she shall forfeit all such right, and may be apprehended and sold by months. 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. oath. 11. Every overseer of the poor within this commonwealth, shall, Overseer of the in addition to the oaths prescribed by law, take the following: "I, poor to take an 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 Ifcast in prosein virtue of this act, they shall be cast, they shall not be liable for cution to pay costs; but the same shall be defrayed out of the levy laid by them. costs out of levy. 13. Nothing in this act shall be construed, so as to abridge the Power of execu power of the executive, to remove slaves brought into this state, tive in certain conferred by the fourth section of an act passed on the twenty-first cases remains. day of January, one thousand eight hundred and one, entituled, "An act to amend the act, entituled an act, to reduce into one the several acts concerning slaves, free negroes and mulattoes;" or so as to repeal an act, entituled, " An act, authorising the removal of 1805. Repealing clause This act to be given in charge to grand juries. Commencement. slaves from the county of Alexandria, in the District of Colum bia." 14. All acts and parts of acts, contrary to the meaning and intent 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 commonwealth. 15. This act shall commence and be in force from and after the first day of May next. CHAP. LXX. An Act to amend the Act, entituled, an Act," Directing the Method of Proceeding in Courts of Equity against absent Debtors, and other absent Defendants; and for Settling the Proceedings on Attachments against absconding Debtors."* 1. [Passed January 25, 1806.] Creditor suspec. ting his debtor about to remove dred pounds of tobacco, shall have sufficient grounds to suspect that may attach, &c. his debtor 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 remov ed; 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 de* See Revised Code, vol. 1, ch. 78, pa. 114. E it enacted by the General Assembly, That whenever any |