Or in the fecond degree. In what offences, not before the fact. ly, or for the robbing of any perfon or perfons in or near about any highway; eighthly, or for the felonious ftealing of any Horfe, Gelding, or Mare; ninthly. or for the felonious breaking of any Dwelling-houfe by day, and taking away of any goods or chattels, being in any Dwelling-house, the owner or any perfon being therein and put in fear. II. THE Benefit of Clergy fhall not be allowed to principals in the fecond degree, in any of the cafes abovementioned. III. IT fhall not be allowed to acceffaries before the fact, firft, in Mùrallowed to acceffasies der; fecondly, or Burglary; thirdly, or Arfon at common Law; fourthly, or for the wilful burning of any Court-houfe, or County, or Public Prifon, or of the Office of the Clerk of any Court within this Commonwealth; fifthly, or for the robbing of any perfon or perfons in their Dwelling-houfes or Dwellingplaces, the Owner or Dweller in the fame Dwelling-houfe or Dwelling-place, his wife, his children or fervants then being within and put in fear and dread by the fame; fixthly, or for the robbing of any perfon or perfons in or near about any Highway. When allowed, unlefs IV. IT fhall be allowed to principals and acceffaries in all offences which exprefsly taken away by would otherwife be without Clergy, whether the fame be newly created by any A&t of the General Affembly, or exift under the common Law, unless it be ta ken away by the exprefs words of fome Act of Affembly. Act of Assembly. How often, Females entitled to it, in like manner as males. And flaves as free Negroes or Mulattoes. V. IT fhall not be allowed to any perfon more than once, except in the following cafe, that is to fay: Whenfoever any perfon fhall have been admitted to the Benefit of Clergy, fuch admiffion fhall not operate as a pardon or dif, charge for other offences of a Clergyable nature, committed by him before that admillion to the Benefit of Clergy, but he fhall be again allowed the Benefit of Clergy for every other offence of a Clergyable nature committed by him before that admiffion to the Benefit of Clergy, and shall be burned in the hand for every fuch offence. VI. BUT if any person who fhall have been once admitted to the Benefit of Clergy, fhall before that admiffion have committed any offence, in which the Benefit of Clergy is not allowed by Law, or shall after that admiffion commit any offence in which the Benefit of Clergy is even allowed by Law, he shall fuffer death without the Benefit of Clergy. VII. A FEMALE shall in all cafes receive the fame judgment, and stånd in the fame condition with respect to the Benefit of Clergy, as a Male. VIII. A SLAVE fhall in all cafes receive the fame judgment, and stand in the fame condition, with refpect to the Benefit of Clergy, as a free Negro or Mulatto. Not taken away by this IX. NOTHING in this A&t contained, fhall be conftrued to take away Act, when expressly al- the Benefit of Clergy, from any offence, in which it is now allowed by lowed by any other, or allowed, when exprefsly any Act of the General Affembly, or to allow it in any offence, from which it is now expressly taken away, by any act of the General Assembly. taken away. Suborners of witneies, how punished. CHAP. XLVIII. An Act against such as shall procure or commit wilful Perjury, and against BE Embracery.t [Paffed the 1ft of December, 1789.1] I. t Commenced as laft. dred pounds, and to fuffer imprisonment for the space of one year, without bail or mainprize. II. AND be it further enacted, That if any perfon or perfons, either by Perfons guilty of per the fubornation, unlawful procurement, finifter perfuafion, or means of any jury; how punished. other, or by their own act, consent or agreement, wilfully and corruptly commit any manner of wilful Perjury by his or their depofition, in any of the Courts of this Commonwealth, or before any Juftice or Juftices of the Peace, or before any Commiffioners appointed to take depofitions, or being examined in perpetuam rei memoriam, that then every perfon and perfons fo offending, and being thereof duly convicted, fhall for his or their faid offence be adjudged to pay a fine not exceeding one hundred pounds, and to fuffer imprisonment by the fpace of fix months without bail or mainprize, and the oath of fuch perfon Their oaths not to be or perfons fo offending in any of the cafes of perjury or fubornation of perju- received in any court. ry in this act mentioned, from thenceforth fhall not be received in any Court within this Commonwealth, until fuch time as the judgment given against such perfon or perfons fhall be reverfed. III. IF any Juror upon any Inqueft whatsoever shall take any thing by him- Penalty on a juror for felf, or another to give his verdict, and fhall be thereof convicted, fuch Juror taking any thing for hall not thereafter be put on any Jury, and fhall pay ten times as much, as he giving his verdict. fhall have taken; whereof one half fhall go to him, who will fue for the fame, and the other half to the Commonwealth. IV. EVERY Embracer, who fhall procure any Juror to take gain or pro- Embracers, how pufit, fhall be punished by fine not exceeding two hundred pounds, and imprison- nished. ment not exceeding one year. CHAP. XLIX. An Act to provide against the Appropriation of Money, by Refolution of the Two I. Houfes of Affembly. [Paffed the 3d of December, 1789.+] WHEREAS in the as diftinguished from other Acts, which are 7HEREAS in the paffing of thofe Legislative Acts, which are known commonly called Refolutions, certain forms and folemnities have been established for the purpose of obtaining that deliberation which the matter of Laws generally requires; and it hath been the practice of the General Affembly, to grant large fums of money by Refolutions, which are confirmed on a fingle reading: II. BE it enacted by the General Affembly, That no fum of money fhall be voted for any ufe whatsoever by a Refolution only, except where, by fome previous Law, a fum of money fhall have been appropriated, and by fuch Refolution, the whole or a part thereof may be particularly applied in purfuance of the faid Law. Preamble. No money to be votel by refolution, unless propriation by law. there hath been an ap CHAP. L. An Act for the Ceffion of Ten Miles Square, or any leffer Quantity of Territory within this State, to the United States, in Congrefs affembled, for the permanent Seat of the General Government. [Paffed the 3d of December, 1789.11 1. W tration of the General Government will be beff diffused, and its HEREAS the equal and common benefits refulting from the adminif Operations become more prompt and certain, by establishing fuch a fituation for the Seat of the faid Government, as will be moft central and convenient to the Citizens of the United States at large, having regard as well to population, extent of territory, and a free navigation to the Atlantic Ocean, through the Chesapeake bay, as to the mpft direct and ready communication with our Fellow-Citizens in the Weffern Frontier: And whereas it appears to this Affembly, that a fituation combining all the confiderations and advantages before recited, may be had on the banks of the river Potowmar, above tide water, in a country rich and fertile in foil, healthy and falubrious in climate, and abounding in all the receffaries and conveniences of life, where, in a location of ten I 1789, ch. 32. + 1789, th. 24. Preamble. Tract of country within this ftate, ceded to the United States for the feat of the general go verhment. Refervation of the rights of individuals to the foil. When the jurifdiétion miles fquare, if the wisdom of Congrefs fhall fo' direct, the States of Pennsylväss nia, Maryland and Virginia may participate in fuch location: II. BE it therefore enacted by the General Affembly, That a tract of country, not exceeding ten miles fquare, or any leffer quantity, to be located within the limits of this State, and in any part thereof as Congrefs may by Law direct, fhall be, and the fame is hereby for ever ceded and relinquifhed to the Congress and Government of the United States, in full and abfolute right, and exclufive jurifdiction as well of foil, as of perfons, refiding or to refide thereon, purfuant to the tenor and effect of the eighth section of the firft article of the Constitution of Government of the United States. III. PROVIDED, That nothing herein contained, fhall be conftrued to veft in the United States, any right of property in the foil, or to affect the rights of individuals therein, otherwife than the fame fhall or may be trans ferred by fuch individuals to the United States. IV. AND provided aljo, That the jurifdiction of the Laws of this Com= of the laws of ) is Commonwealth, over the perfons and property of individuals refiding within the limits of the Ceffion aforefaid, shall not ceafe or determine, until Congress, having accepted the faid Ceffion, fhall by Law provide for the Government thereof, under their jurifdiction, in manner provided by the article of the Constitution before recited. monwealth over the fame, fhall ceafc. Preamble. Devifes of lands, &c. void as to creditors. Who may fue heirs and devifees jointly. CHAP. LI. An Act for the Relief of Creditors against fraudulent Devifes. [Paffed the 17th of December, 1789.t] HEREAS it is not reasonable or juft; that by the practice or contrivance of any Debtors, their Creditors fhould be defrauded of their juft debts, and nevertheless it hath often fo happened, that where feveral perfons, having by Bonds or other Specialties bound themselves and their Heirs, have afterwards died, feized in fee-fimple of, and in Meffuages, Lands, Tehements, and Hereditaments, or having power or authority to difpofe of, or charge the fame by their Wills or Teftaments, have to the defrauding of fuch their Creditors by their last Wills or Teftaments devifed the fame, or difpofed thereof in fuch manner as fuch Creditors have loft their faid debts: For remedying of which, and for the maintenance of juft and upright dealing, II. BE it enacted by the General Affembly, That all Wills and Teftaments, limitations, difpofitions or appointments, of, or concerning any Mef: fuages, Lands, Tenements or Hereditaments, or of any rent, profit, term or charge out of the fame, whereof any perfon or perfons, at the time of his, her, or their decease, shall be seized in fee-fimple in poffeffion, reverfion, or remainder, or have power to difpofe of the fame by his, her, or their laft Wills or Teftaments, fhall be deemed and taken (only as againft furch Creditor or Creditors as aforefaid, his, her and their Heirs, Succeffors, Executors, Adminiftrators and Affigns, and every of them) to be fraudulent, and clearly, abfolutely and utterly void, fruftrate and of none effect; any pretence, colour, feigned or prefumed confideration, or any other matter or thing to the contrary, notwithstanding. III. AND for the means that fuch Creditors may be enabled to recover their faid debts, Be it further enacted, that in the cafes beforementioned, eve ry fach Creditor fhall and may have and maintain, his, her and their action, and actions of debt, upon his, her, and their faid Bonds and Specialties, against the Heir and Heirs at Law of fuch Obligor or Obligors, and futh Devifee and Devilees, jointly by virtue of this Act; and fuch Devifee or Devifees; thall be liable and chargeable for a falfe plea by him or them pleaded, in the fame marther as any Heir fhould have been for any falfe plea by him pleaded, or for nee confeffing the Lands or Tenements to him defcended. Exception of devifees; IV. PROVIDED always, and be it enacted by the authority aforefaid, That &c. to pay just debts, where there hath been, or fhall be any limitation or appointment, devife or or portions in purfuante difpofition, of, or concerning any Meffuages, Lands, Tenements or Hereditaof any marriage contract: iments, for the raifing or payment of any real and just debt or debts, or any portion of portions, fum or fums of money, for any child or children of any perfon, other than the Heir at Law, according to, or in purfuance of any marriage 1789; cb. 39: |