birth, and a declaration of the place or port to which the faid mafter or skipper may be bound, and until he fhall alfo have produced to the faid magiftrate the certificate of freedom granted to the faid negro or mulatto by the clerk of the court in which he or he was registered, or the written direction of the owner of fuch negro or mulatto, commanding or permitting fuch matter or skipper to carry him or her out of this commonwealth. And when the faid mafter or skipper shall fo have done, it shall be the duty of the magistrate to grant him a written certificate thereof.

lations of this law.

VII. EVERY mafter or skipper of a veffel neglecting or refufing to perform Penalty on fuch ma the requifites by this act impofed, shall forfeit and pay the fam of five hundred ter or kipper for vios dollars, for every negro or mulatto by him fo carried or attempted to be carried. out of this commonwealth, to be recovered by action of debt by any person who will fue for the fame, in which fuit the faid mafter or fkipper shall give good bail, and shall be moreover liable to the action of the owner of fuch negro or mulatto, for the value of the negro or mulatto thus carried or attempted to be carried out of the commonwealth.

I.

CHAP. CCXXIII.

An Act enlarging the Right of Appeals in certain Cafes:
[Paffed the 23d of January, 1798.]

BE it declared and enacted by the General Alfembly, That it shall be crew. High court of chance

ful for the high court of chancery, upon any interlocutory decree, ry may grant appeals where the right claimed shall have been affirmed or difaffirmed, to grant, in its upon interlocutory de difcretion, an appeal to the court of appeals, if the high court of chancery shall crees to court of ap be of opinion, that the granting of fuch appeal will contribute to expedition, peals. the faving of expenfe, the furtherance of juftice, or the convenience of parties, any law, custom, usage, or conftruction to the contrary notwithstanding.

II. AND be it further enacted, That all appeals from the high court of Appeals from high chancery, which were ftanding on the docket of the court of apppeals on the court of chancery on tenth day of October, in the year one thousand seven hundred and ninety-feven, docket of court of apor which were granted therefrom to the term of the court of appeals, commenc- from at certain defined peals, or granted thereing in October of the faid year, one thousand feven hundred and ninety-feven, period as depending shall be confidered as depending therein; unlefs for good caufe shewn to the therein-Nifi, &c. high court of chancery, at the March term thereof, in the year one thousand feven hundred and ninety-eight: and according to the principles of its practice, any cafes in which appeals have been entered, and which may have been remitted to the high court of chancery, shall be there retained for further proceedings.

III. AND be it further enacted, That upon any interlocutory decree of the Execution may be a high court of chancery, which shall not be appealed from, or upon any fuch in- warded in vacation on terlocutory decree which shall be appealed from and affirmed, fuch process of interlocutory decrees, execution shall be awarded as to the high court of chancery, or the judge there

of in vacation, shall feem proper.

IV. AND be it further enacted, That it fhall be lawful for the judge of the Writs of ne exeat may high court of chancery to discharge writs of ne exeat in vacation, as in term be discharged in vaca time. Provided, that the party moving for the difcharge of any fuch writ, tion on notice to the fhall give to the party who obtained it, reasonable notice of the time when fuch party who obtained it. motion will be made.

CHAP. CCXXIV.

An Act to amend the feveral acts of Affembly, concerning Efcheaters.
[Paffed the 23d of January, 1798.]

i.

BE

E it enacted by the General Affembly, That whenever the efcheator of Purchasers of efcheated any county shall proceed to make fale of any land efcheated according property failing to pay to the directions of an act, concerning tfcheators, and an act, To amend an act, the money-the efintituled, An a concerning efcheators, for ready money, and any perfon who may cheator may refell the become a purchafer thereof, fhall not, on the day of fale, pay to the efcheator fame, the whole fum of money by him agreed to be given for fuch land, or give fome fatisfactory affurance, that the fame will be paid in a few days thereafter, the efcheator thall immediately on fuch failure, on the fame day, again expofe the

Kicheater may fell property on credit-taking a deed of truft, bond, &c.

Shall certify the fame to the register.

Such deed of tru& to

py thereof and of the bond to be tranfmit.. ted to the auditorduty of efcheator if the bond is not difcharged.

fame to fale to the highest bidder, for ready money, and at fuch fecond fale, the perfon failing to make payment at the first fale as aforefaid, shall not be admit ted or regarded by the efcheator as a bidder.

II. AND whereas doubts have arifen, whether by either of the faid recited acts the efcheator is authorifed to fell the land efcheated upon credit, for any time whatever, although in his opinion the fame would enhance the value thereof: Be it further enacted, That when in the opinion of the efcheator of any county, the fale of any efcheated land upon credit will greatly enhance the price thereof, he may proceed to fell the fame upon fuch credit as he may think reasonable, not exceeding two years, taking of the purchaser a deed of truit in behalf of the commonwealth, for the lands fo purchafed, and a bond with fufficient fecurity, bearing intereft, to be approved by him, payable to the governor or chief magiftrate of this commonwealth, for the time being, and his fucceffors. And the efcheator fhall, immediately after taking fuch deed and bond, certify to the register of the land-office, the name of the purchafer, and the price by him agreed to be given for fuch land, and that a deed of trust for the lands fo purchafed and a bond, with fufficient fecurity, to fecure the payment of the pur chafe money, hath been given by fuch purchafer; whereupon the register of the land office fhall proceed to have a grant executed to fuch purchaser, in the manner directed by the first recited act.

III. AND the efcheator fhall as foon as poffible, have the faid deed recordbe recorded and a co-ed in the court of the county or corporation wherein the lands lie; and shall tranfmit to the auditor the faid bond and a copy of the deed, to be lodged in his office, and if the purchaser fhall fail to pay the purchafe money and intereft in due time, according to the tenor of the faid deed and bond, the faid efcheator is hereby required forthwith to proceed to fell the lands fo conveyed in truft, (having firft given four weeks notice of the time and place of fuch fale, in fome public gazette) for ready money, and out of the proceeds of fuch fale, fhall pay into the treafury, the principal money and intereft due to the commonwealth, and all cofts and expenfes inturred in effecting fuch fale, and the furplus, if any, he fhall pay to the original purchafer.

Efcheator fhall make

ings to the auditor commiffions allowed him, &c.

Dury of auditor if fale made under the trust hall not produce the fum due.

IV. AND the efcheator is hereby required, as foon as may be, to make return of his proceed and return to the auditor, an account of all his proceedings in the fale, and to pay into the treafury the amount of the fale, deducting thereout for his trouble the fame commiffions as are allowed to fheriffs on fales made under executions; and if the proceeds arifing from fuch fale fhall not be fufficient to pay the principal, intereft, and expenfes of fale, then it fhall and may be lawful for the auditor, having given ten days notice to the obligors in the bond, upon mo tion made in the general court, (which court is hereby authorised and required to render judgment thereon, due notice being proved) to obtain judgment against the faid obligors, or fuch of them as shall have had notice of fuch motion, for the balance which fhall remain unpaid out of the proceeds of the fale of the land conveyed in truft, and all cots attending fuch motion, upon which judgment, execution fhall be iffued and levied according to the forms of law in or dinary cafes of judgment.

Efcheators neglecting

V. AND if the efcheator fhall fail to pay the money into the treasury which he fhall receive, upon making fale of any tract of land which shall have efcheatlic, fubject to like, ced to the commonwealth as aforefaid, within one month after fuch fale, then

to account with pub

nalties as fheriffs.

it fhall be lawful for the auditor to proceed to obtain judgment against him for the like forfeitures, penalties and fines, and in the fame manner as is allowed in the cafe of coroners and sheriffs failing to pay public dues.

VI. THIS at fha!! not be conftrued to repeal any part or parts of the aforefaid acts, other than fuch as are rendered nugatory by the express direc

tions of this act.

VII. THIS act shall commence and be in force from and after the paffing thereof.

CHAP. CCXXV.

An Act to amend the feveral acts for regulating the Inspection of Flour

and Bread.

[Paffed the 2nd of January, 1798.]

E it enacted by the General fembly, That the courts of the feveral

courts to be held in the months of September or October in every year, nominate and appoint at fuch places, from whence bread fhall be exported, a proper perfon as an infpector thereof.

II. IT fhall be the duty of every perfon owning or attending a mill for the manufacture of flour, to brand the barrel with the No. 2.

Manufacturers of flour
fhall brand the barrel
No. 2.

III. AND be it further enacted, That fo much of the feventh fetion of the Repealing part of a aft paffed in the year one thousand feven hundred and ninety-two, intituled, herein recited An act reducing into one, the feveral acts for regulating the Inspection of Flour and Bread, as impofes a fine on millers and bolters for packing in each barrel and half barrel, a lefs quantity of flour than is by law directed, fhall be fo changed, as to impofe the faid fine on the perfon or perfons offering the flour for inspection. Provided however, That fuch perfon or perfons may by warrant, petition, or fuit, as the cafe may require, recover of the miller or bolter, the amount of the fine fo paid by him or them.

a

IV. ALL the acts and parts of acts relating to the infpection of flour and bread, impofing any fine, à part whereof fhall be to the ufe of the informer, fhall be to changed, as that no part of fuch fine thall go to the informer, provided he fhall be an infpector.

V. THE feveral infpectors of flour and bread fhall appoint deputies, who fhall be approved of by the courts of their refpective counties, if they hall think them qualified for fuch appointments. And it shall be the duty of the infpectors of flour and bread to publifh quarterly, a lift of the quantities and qualities thereof infpe&ed by them.

Provifo.

Infpectors informing of
law fhall have no part of
breach of any inspection
fine incurred.

publish the quantity of

To appoint deputies and flour infpected by them quarterly.

ed in King & Queen
county.

VI. AND be it further enacted, That at the place known by the name of Inspector to be appointMadifor's mill, in the county of King and Queen, an inspector of flour shall be appointed in the fame manner and under the like regulations, as are directed and prefcribed by the before recited at.

VI. AND all and every act and acts, claufes and parts of acts coming Repealing clause, within the purview and meaning of this aft, fhall be and are hereby repealed.

CHAP. CCXXVI.

An Act to amend the act, intituled, An act to reduce into one the feveral acts, concerning the County and other Inferior Courts of this Commonwealth.

i.

BE

[Paffed the 20th of January, 1798.]

E it enacted by the General Affembly, That in all fuits hereafter inflituted on the chancery fide of a county or corporation court within this commonwealth, it fhall and may be lawful for the clerk thereof, in all cafes where there thall be more than one defendant in fuch fuit, to iffue procefs against fuch of the defendants as do not refide within the faid county or corporation, directed to the sheriff or ferjeant of any county or corporation within this commonwealth, upon whofe return, the fame proceedings fhall take place, as if the process had been ferved by the proper officer of fuch county or corporation

court.

Process against defendaats not refident in the county wherein a fuit in may be directed to any chancery may originate, other county, &c.

caules extended to

Jurifdiction in chancery

II. AND be it further enacted, That the feveral county and corporation courts at their quarterly and monthly feffions shall have concurrent jurifdi&ion in the trial of all chancery caules therein depending; any law to the contrary monthly courts. notwithstanding.

II. THIS act shall commence and be in force, front and after the paffing Commencement of the

thereof.

act.

CHAP. CCXXVII.

Ån Act to amend the act providing for the Poor, and declaring who fhall

be deemed Vagrants.

[Paffed the 23d of January, 1798.]

E it enacted by the General Affembly, That whenfoever any county or Perfons to fuperintend corporation thall neglect or fail to appoint perfons, at the time pre- or fupply vacancies in ribed by law, to fuperintend the elections of overfeers of the poor, every office of overfeers of the

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