at any court.

per may be appoisted crart where foch failure may happen, fall be, and it is hereby empowered and required to make fuch appointment at any fobfequent court or to the vacan cy in the office of an overfeer or overteers of the poor at any court after the fame fall happen.

II. THIS at all commence and be in force, from and after the paffing thereof.

CHAP. CCXXVIII.

An Act concerning the Title of the Commonwealth to Lands which have been fettled more toan Terty Years.

[Paffed the 24th of January. 1-98.]

THEREAS it hath been reprefented to the General Affembly, that many perfous posteling lands in this commonwealth, have been vexed and harraffed by the location of warrants on the fime, as if they were fill watte and unappropriated, although the prefent pouk fors thereof, and thole under whom they claim, have held the faid lands in quiet and peaceable enjoyment, and have paid quit rents therefor under the former government, and ail taxes impofed under the authority of the commonwealth, for more than thirty years: And whereas it is unreasonable to prefume, that perions who have been thus long poffeffed under the circumilances aforefaid, thould not have obtained patents for the fame, especially as it has happened from the war and other cautes, that patents actually granted have been lost or deftroyed, and repeated alienations have been made of the faid lands:

I. BE it therefore enacted, That no entry or location on any lands in this commonwealth, which have been fettled thirty years prior to the date of fuch entry or location, and upon which quit-rents or taxes can be proved to have been paid at any time within the faid thirty years, fliall be deemed valid; and any title which the comntons calth may be supposed to have thereto, is hereby relinquished.

II. THIS aft shall not extend to any cafe of an entry or location regularly made according to law, previous to the paffing of this act. Provided alwazi, That nothing herein contained shall be fo conftrued as to affect the right of this commonwealth in or to any lands or tenements, the right whereof may or fhall have become forfeited by ron-payment of the commonwealth's taxes; nor fhall any thing herein contained be lo conftrued as to alter or change the conitruction of the act for limitation of real actions.

CHAP. CCXXIX.

An Act declaring the Gold and Silver Coins, of certain Foreign Countries, to be a legal Tender within this Commonwealth.

Gold and filver coins of I.

France, Portugal, Spain,

clared a legal tender in

this commonwealth, at

B

[Paffed the 19th, of January, 1798.]

E it enacted by the General Affembly, That the gold and filver coins of the foreign countries hereafter mentioned, fhall pass current within and Great Britain, de- this commonwealth, and be a legal tender for the payment of all debts, contracts, and demands whatsoever therein, at the feveral and refpective rates folrate. herein mentioned lowing, as established by the prefent law of Congrefs, and not otherwife, viz The gold coins of Great Britain and Portugal, of their prefent standard, at the rate of one hundred cents for every twenty-feven grains of the actual weight thereof; the gold coins of France and spain, and the dominions of Spain, of their prefent ftandard, at the rate of one hundred cents for every twenty-feven grains, and two fifths of a grain of the actual weight thereof; Spanish milled dollars at the rate of one hundred cents for each dollar, the actual weight whereof shall not be less than feventeen penny weights and feven grains, and in proportion for the parts of a dollar; crowns of France at the rate of one hundred and ten cents for each crown, the actual weight whereof fhall not be lefs than eighteen penny weights and feventeen grains, and in proportion for the parts of a crown.

Commencement of this

act

II. THIS at fhall commence and be in force from and after the paffing

thereof.

CHAP. CCXXX.

An Act authorifing Creditors of deceafed Perfons, leaving Lands which efcbeat to the Commonwealth, to recover their Debts out of the Proceeds thereof.

[Paffed the 29th of December, 1797-]

percy, may recover their

debts out of proceeds thereof.

Biz General dies Creditors ing tanca E it enacted by the General Affembly, That whenfoever any perfon dies Creditors of deceased onwealth, being indebted, and not having flaves or other perional eftate fuf- which efcheat to the cient to pay fuch debts, it hall and may be lawful for the general court, on the state, and no other pro etition of his or her creditor or creditors, to give judgment for fuch debts or fo much thereof as thall be by legal teftimony eftablished, to be paid out of the Proceeds of fuch elcheated lands, until the fame fhall be exhaufted; to all which petitions the treasurer, for the time being, shall be made defendant; Provided, That the faid flaves and other perfonal eftate fhall be previously ap- Provifus plied in the payment of the debts of the faid decedent; and that every fuch Freditor thail annex an affidavit to the faid petition, flating that the amount of is or her demand is bona fide due and owing at the time of preferring the pe

ition.

II. THIS act shall commence and be in force from and after the paffing Commencement of thie hereof.

CHAP. CCXXXI.

An Act directing the Mode of ferving Writs of Scire Facias.

[Paffed the 18th of January, 1799.]

THEREAS the manner of ferving writs of fcire facias, as heretofore practifed, has been found inconvenient :

act.

Preamble.

Writs of fcire facias to be ferved in fame manner as writs of capias ad refpondendum.

WH
I. BE it therefore enacted by the General Aembly, That where the defend-
int can be found, writs of fcire facias fhall hereafter be ferved in the fame man-
er, as writs of capias ad refpondendum. And where the faid defendant can-
ot be found, it shall be confidered as a fufficient fervice of the faid writ, for the
heriff or other officer to whom the fame is directed, to leave a copy thereof
with the wife of the defendant, or fome free perfon above the age of fixteen
ears, then and there being one of the family of the defendant, and found at his
fual place of ab ode: Provided always, That bail fhall not be required by the Provifo.
fficer ferving a writ of fcire facias; and that this act shall not be conftrued to
epeal the act, authorifing writs of fcire facias to be iffued to, and executed in
ounties or districts, other than thofe in which judgments may have been ob-
ained.

II. THIS act fhall commence and be in force from and after the first day of Commencement of this
Mlay next.

CHAP. CCXXXII.

An A&t to amend the A&t concerning Ele&ion of Members of General Affembly.

Bit

[Paffed the 17th of January, 1798.]

E it enacted, That fo much of the act, intituled, An act concerning Repealing part of former election of members of General Affembly, paffed in December, one thou- act relative to contested and even hundred and eighty five, as provides, that no trial of a contefied e- elections.

ection of members of either houfe of Affembly, fhall be had within less than foureen days after complaint lodged with the fpeaker of either house of affembly, hall be, and the fame is hereby repealed.

II. AND be it further enacted, That from and after the first day of January ext, the election of members to the General Affembly fhall be held on the third Monday in March in every year, throughout this commonwealth; any law to he contrary notwithstanding.

IF the poll to be held at any fuch elections is not clofed on the firft day, he fame fhall be kept open two days thereafter at least.

Election of members of affembly, when holden.

Concerning the poll at

elections.

Electors in towns entitled to reprefentation, may vote for members to congrels.

IV. AND be it further enacted, That electors in towns entitled to reprefentation in the house of delegates, fhall have a right to vote at their respec tive court houfes for reprefentatives to congrefs, and the officers holding fuch elections, shall be fubject to the like regulations in taking and returning their polls, as the theriffs of counties are, and fhail be entitled to the like compenfation for their fervices and travelling expenses.

CHAP. CCXXXIII.

An A to prevent the Clerks of Difiria Courts from acting as Justices of the

Clerks of diftri& courts I.

prohibited from acting

B

Peace.

[Paffed the 12th of January, 1798.]

E it enacted by the General Affembly, That it fhall not be lawful for any clerk of a diftrict court to exercife the office of a juftice of the peace; as juftices of the peace. and any clerk fo offending, fhall be fubject to the fame penalties, to be recovered and applied in like manner with thofe incurred by perfons prefuming to act as magiftrates, without firft qualifying as the law directs.

Commencement of this

act.

II. THIS act fhall commence and be in force from and after the first day of

June next.

Pedlars prohibited fel-
Jing goods without li-

cente.

Penalty for felling with out licenfe.

Frovilo.

Fee to clerks for iffuing licenfes, and their duty

under this act.

Sheriff's commiffions,

&c.

Conftration of this a as to goods of the growth of the United States.

Penalty on negroes and mulattoes offering goods

for fale.

Commencement of this

CHAP. CCXXXIV.

An Act concerning Hawkers and Pedlars.

[Paffed the 18th of January, 1798.]

I.
perfon or perfons fo offering the fame, fhall have first obtained a license from
fome court of record in this commonwealth, which license the county and cor-
poration courts are her by authorised to grant, on fatisfactory proof appearing
to them of the honey and good demeanor of the perfon applying, and on his
paying to the fheriff or ferjeant of the court granting fuch licenfe, twenty dol-
lars, which licenfe fhall be annually renewed."

DE it enacted by the General Assembly, That no hawker or pedlar, fall of

Bernate or barter, any goods, wares, or merchandize, unlefs fuch

II. ANY perfon offering for fale or barter, any goods, wares, or merchandize, as a hawker or pedlar, without producing a licenfe as aforefaid, fhall forfeit and pay fifty dollars, to be recovered by action of debt or information in any court of record within this commonwealth, one moiety to the ufe of the informer, and the other to the ufe of the commonwealth; Provided, That in all fuch cafes, bail fhall be required as in actions of debt.

III. THE clerks of the refpective courts, fhall be entitled to receive fifty It fhall be the ducents for each license to be granted in pursuance of this act. ty of the clerks to tranfmit to the auditor of public accounts, once in every year, whether any and what number of licenfes have been granted by his court under this act; and every clerk neglecting this duty, fhall forfeit fifty dollars, to be recovered in the general court, by motion, on ten days previous notice.

IV. THE sheriff or ferjeant for receiving the tax laid by this act on licenfes, fhall be entitled to the fame commiffions, and be fubject to the fame proceedings, for non-payment of the fame into the treafury, as is prefcribed for the recovery of the public revenue.

V. NOTHING in this at contained, fhall be conftrued to prevent any perfon or perfons from offering for fale, or barter, any goods or commodities, the growth or manufacture of this commonwealth, or of any of the United States; nor fhall any thing herein contained, be construed fo as to permit any perfon obtaining a licenfe under this act, to authorife any negro or mulatto, bond or free, to vend any goods, wares, or merchandize, but in all fuch cafes, the negro or mulatto offering any goods, wares, or merchandize, fhail be proceeded againit in like manner as is preferibed by this act, against perfons offering goods, wares, or merchandize, for fale or barter, without licenfe.

VI. THIS ac: fhall commence and be in force from and after the eighth day of March next.