miles of the usual place of residence of the creditor; and where the creditor is not resident within this state, then within one hundred miles of the usual place of residence of the debtor. And that good and sufficient deeds for the same be made, executed and delivered, before the debtor shall be discharged from the execu tion, and then the creditor shall receive the same according to the valuation aforesaid, in discharge of the execution, or so much thereof as the said valuation may amount to. Provided also, That where lands shall be so tendered, and executions issue as aforesaid, then the debtor, on finding good and sufficient security for the doing and performing all things required by this act, may be discharged from close custody.

VI. And be it further enacted, That whenever judg- Slaves may ment shall be obtained, or scire facias to renew judg- be tendered ment for any sum exceeding twenty pounds cur- ments above on judg rent money sued out, it shall and may be lawful to dis- 201. charge the same in negroes, to be tendered and valued in manner directed for the tendering and valuation of lands. Provided always, That whenever it shall so happen that the title to lands or negroes shall after- New execuwards be evicted not to have been in the debtor at the tiou, if creditor evicttime of payment to the creditor; in all such cases, it ed of lands shall and may be lawful for the creditor to sue out or slaves. new execution on his former judgment, and moreover shall have his action of damages against such debtor, for all damages and costs of suits which he has incurred in defending the title.

menti cus

VII. And whereas by the afore recited act, no executions are permitted to be issued until the first of March one thousand seven hundred and eighty three, and from the construction thereof many frauds have and may arise: In remedy whereof, Be it enacted, That Debtor may whenever any person confesses judgment in custody, be commit where no special bail has been given, or where such per- ted on conson or persons have been delivered up by his or their fessing judg special bail, in discharge of his or their recognizance, odv or be in all such cases it shall and may be lawful for the ing surren plaintiff to pray the defendant in execution; any thing in the said law to the contrary notwithstanding; and then and thereafter the same process may be had in such cases as has been heretofore in use within the limits of this commonwealth. Provided always, That any thing herein contained, shall not be construed to

dered.

Contracts, what kind excepted.

extend to any contract specifying in what manner the same shall be paid, unless the said contract specifies payment to be made in coin, which has been heretofore in use in this country, nor to any contract whatsoever, made or entered into since the first day of January, one thousand seven hundred and eighty-two, for all which debts or contracts, judgment may be obtained, execution issue, to be discharged in manner specified by the said contract, and no commutable article whatever be admitted to pay the same. And all and every thing in the said act or any other act whatsoever, not compatible with the above and every part thereof, is, and the same is hereby declared to be repealed. ProDebts under vided always, That nothing in this or any other act 51. excepted (except for British debts as aforesaid) shall prevent the recovering by executions, debts under five pounds, but that the same shall be prosecuted in like manner as if this or any other act to the contrary thereof, had never been made.

Land purchasers of snndry com. panies, in cluded in this act.

Continuance of act.

VIII. And whereas the settlers on lands surveyed for sundry companies, which settlers, by an act intitu led "An act concerning the titles of settlers on lands surveyed for sundry companies," passed this present session of assembly, are to have the time prolonged for the term of twelve months to pay the principal and interest of the purchase money for their lands to the said grantees or agents; and it is just and reasonable that the said settlers should be benefitted in the same manner as other debtors are: Be it enacted, That' the said settlers shall and may discharge the said principal and interest, in the commutables mentioned in this act, without any judgment or execution issuing at or before the end of the term limited for the said lands to revert to the grantees. Provided nevertheless, That this act shall continue and be in force from and after the passing thereof, until the first day of December one thousand seven hundred and eighty three.

CHAP. XLVI.

[Chap. CXLI in original.]

[Chan. Rev.

An act to regulate the pay of the mi-
litia heretofore called into service, p. 183.]
in cases not provided for by law.

to service, the same as

1. WHEREAS no provision is made by law for Pay of mili the pay of the militia heretofore called into service, tiacalled inexcept such militia shall have marched out of the state, or joined the army acting within this state: For reme- continental dy whereof, Be it enacted, That all militia called into army. service since the first day of January, one thousand seven hundred and eighty, or who shall hereafter be called into service, whose rolls have not already been settled, shall receive the same pay and rations as the officers and soldiers of the continental army; and the auditors of public accounts are hereby directed to grant printed certificates for the same. Provided neverthe- None for less less, That no militia officer or soldier shall be entitled than tendays service. to receive pay as aforesaid, except such officer or soldier shall have been on duty ten days.

II. And whereas the allowance to scouts employed for discovering the approach of Indian or any other enemy on the frontiers is inadequate to their fatigue Pay of scouts and trouble: Be it enacted, That every scout who shall hereafter be employed, as by law directed, shall be entitled to receive for every day he shall be so employed, the sum of five shillings per day, to be audited and paid in the same manner as the militia in this act is directed to be paid.

original.j

P. 183.]

CHAP. XLVII,

Chan Rev. An act to empower the naval officers to receive the duties in the several districts.

Naval officers to be collectors of duties on ships, &c.

I. RE it enacted by the General Assembly, That all duties and customs which now, or shall hereafter ac crue due to this commonwealth, upon ships, vessels, goods, wares, and merchandizes, or any other articles whatsoever, by virtue of any law of this commonwealth, may and shall be paid to the naval officer of the dis-, trict where such duty or custom is directed to be paid. And the respective naval officers are hereby required to collect, account for, and pay into the public treasury, the amount of all such duties or customs, accord-. ing to the several acts imposing the same, and under the pains and penalties therein contained.

Ch. CXLII

in original.

p. 183]

CHAP. XLVII.

![Chan. Rex. An an to revive and amend an act, For the better regulating and collecting certain officers fees, and for other purposes therein mentioned.

See vol. 5, p. 326; also this session, ch. 36.

revived.

I. WHEREAS the act of assembly passed in the Act of 11745, year of our Lord, one thousand seven hundred and concerning officers' fees forty-five, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," hath expired, & it is expedient & necessary that the same should be revived & amended; Be it therefore enacted, That the act intituled, " An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," be revived and shall continue and be in force from and after the passing of this act, for and during the term of two

years, and from thence to the end of the next session of assembly and no longer.

money.

II. And be it further enacted, That all persons who How tobacco how are, or shall hereafter become chargeable with, fees paid in any tobacco fees for services mentioned in the said recited act, shall discharge the same in manner directed See October by the act of assembly passed in the year one thou- 1781, ch. 31. sand seven hundred and eighty-one, intituled, " An act

for regulating tobacco fees and fixing the allowance to sheriff's, witnesses and venire-men."

1761, ch. 3.

III. And whereas the act of assembly passed in the year one thousand seven hundred and sixty-one, inti- Attornies act tuled, "An act for regulating the practice of attornies," revived Set hath expired, and it is necessary the same should be revived; Be it therefore enacted by the General Assembly, That the act intituled, "An act for regulating the practice of attornies," shall be, and the same is hereby revived.

CHAP. XLIX.

[Chapter CXLIV in

An act to amend the act, intituled, An original.j act for adjusting certain public claims.

property

1. BE it enacted by the General Assembly, That the Power of auauditors of public accounts, shall, and they are hereby ditors in adempowered and required, to make such allowances for justing covering or stud horses, and also for geldings and claims for mares, which have been impressed or taken for public impressed. use, as to them, having regard to the descriptions certified by the county courts, shall appear just and right, so as the allowance for a covering or stud horse do not exceed one hundred and fifty pounds, nor for a gelding or mare for cavalry one hundred pounds, nor for a waggon horse forty pounds, and to issue warrants accordingly. That wherever the book of claims from the respective counties and the vouchers or certificates shall disagree as to the quantity of any article, the auditors shall be governed by the vouchers or certificates.