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Bond to be given upon appeals.

Actions brought be

Actions Civil. Adultery.

An Act in addition to an Act, entitled an Act for the directing and regulating of Civil Actions.

[ENACTED IN MAY, 1793.]

BE it enacted by the Governor and Council, and House of Reprefentatives in General Court affembled, That whenever any Appeal fhall be allowed by any Affiftant or Juftice of the Peace, to any County Court, the Party fo appealing fhall give fufficient Bond with Surety, to the adverfe Party, to profecute fuch Appeal to effect, and to answer all Damages in case he make not his Plea good.

An Act in alteration of An A&t, entitled, " An Act for the directing and regulating of Civil Actions."

[ENACTED IN OCTOBER 1793.]

E it enacted by the Governor and Council, and Houfe of Repre fentatives, in General Court affembled, That in all Actions which fhall hereafter be brought and depending before any Affiftant, or Juftice of the Peace, for Raifing or Obstructing the Waters of fore any affift- any Stream, River, Arm of the Sea, or Creek, by the Raifing or ant for ob- Continuance of any Mill-Dam, or other Obftruction, in which Kructing waters in which the Defendant or Defendants fhall plead, that he or they have, the defendant and had good Right fo to raife, and obstruct, or continue the pleads that he Raising and Obstruction of the faid Waters, the Party who fhall had a right fo be aggrieved by the Judgment of fuch Affiftant or Juftice of the to do, the par- Peace, fhall be allowed to Appeal from fuch Judgment to the ty aggrieved County Court, next to be holden in and for the County in which peal to the fuch Raifing or Obftruction, or the Continuance thereof fhall be County Court, made; Provided he or they fhall give good and fufficient Bond with Sureties, to profecute fuch Appeal to Effect. And the ParMay appeal to ty who fhall be aggrieved by the Judgment of fuch County Court, the Superior in the Action fo as aforefaid appealed, fhall be allowed to appeal therefrom to the Superior Court next to be holden in the fame County; Provided he or they fhall give good and fufficient Bonds with Sureties, to profecute fuch Appeal to Effect as aforelaid.

allowed an ap

&c.

Court &c.

Provifo.

Adultery how punished.

Provided alfo, That the Defendant or Defendants, in all Actions appealed as aforefaid, fhall not, without leave of fuch County Court or Superior Court, in any manner amend, alter, or change the Plea fo by him or them made before fuch Affiftant or Juftice of the Peace.

An A&t against, and for the Punishment of, Adultery.

Eit enacted by the Governor and Council, and Houfe of Reprecommit Adultery with a married Woman, and be thereof convicted before the Superior Court, both of them fhall be feverely punifhed, by Whipping on the naked Body, and stigmatized, or burnt on the Forehead with the Letter, A, on a hot Iron: And each of

Alarms. Appropriation.

them fhall wear a Halter about their Necks, on the outfide of their Garments, during their Abode in this State, fo as it may be vifible And as often as either of them fhall be found without their Halters, worn as aforefaid, they fhall, upon Information and Proof of the fame, made before an Affiftant or Juftice of the Peace, be by him ordered to be whipt, not exceeding thirty Stripes.

An A&t relating to Alarms.

PAR. 1. BE it enacted by the Governor and Council, and House of

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Penalty for Reprefentatives, iu General Court affembled, That if caufing a falle any Perfon or Perfons in this State, (without juft and neceffary alarm. Occafion fo to do) fhall caufe any Alarm, by firing any Gun or Guns, or otherwife, in any Town or Plantation in this State, at any Time between the fhutting in of the Evening and break of Day, and fhall thereof be legally convicted, each of them fhall pay a Fine of Fourteen Dollars to the public Treasurer of the County where fuch Conviction fhall be had; or suffer two Months Imprisonment.

Provided, The Delinquency be complained of, and profecuted within fix Months after the fame is committed.

An Act appropriating the Monies which fhall arife on the Sale of the Western Lands, belonging to this State.

[ENACTED IN MAY, 1795.]

E it enacted by the Governor and Council, and Houfe of

Provife.

440. 462. 497.

B Reprefentatives, in General Court affembled, That the Principal fum

of schools.

PAR. 1. Principal Sum, which fhall be received on the Sale of the Lands to remain a belonging to this State, lying Weft of Pennfylvania, fhall be, and perpetual fund for the support remain a Perpetual Fund, for the Purposes hereafter mentioned in this Act, to be loaned, or otherwife improved for fuch Purposes as the General Affembly fhall direct; and the Intereft arifing therefrom, fhall be, and hereby is appropriated to the Support of Schools in the feveral Societies conftituted, or which may be conftituted by Law, within certain Local Bounds within this State, to be kept according to the Provifions of Law, which shall from Time to Time be made, and to no other Ufe or Purpose whatfoever; except in the Case, and under the Circumftances hereafter mentioned in this Act.

2. Be it further enacted, That the faid Intereft, as it fhall become Due from Time to Time, fhall be paid over to the faid Socie- Intereft when ties, in their Capacity of School Societies, according to the Lift become due to of Polls and Rateable Eftate of fuch Societies refpectively; which be paid over to fhall, when fuch Payment fhall be made, have been laft perfected. ties. 3. Provided nevertheless, and be it further enacted, That whenever fuch Society fhall, pursuant to a Vote of fuch Society paffed in a legal Meeting warned for that Purpose only, in which Vote two

fchool focie

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It may be applied to other fociety uses.

To be forfeited if mifapplied.

Society meetings to be holden in Oct. annually, in the located focieties

440. 462. 497.

Appropriation.

thirds of the legal Voters prefent in fuch Meeting fhall concur, apply to the General Affembly requesting Liberty to improve their Proportion of faid Intereft, or any Part thereof, for the Support of the Chriftian Ministry or the Public Worship of God, the General Affembly fhall hawe full Power to grant fuch request during their Pleasure; and in Cafe of any fuch Grant, the School Society fhall pay over the Amount fo granted, to the Religious. Societies, Churches or Congregations, of all Denominations of Chriftians within its Limits, to be proportioned to fuch Societies, Churches or Congregations, according to the Lift of their respec tive Inhabitants or Members, which fhall, when fuch Payment fhall from Time to Time be made, have been laft perfected; and in Case there fhall be in fuch School Society any Individuals compofing a Part only of any fuch Religious Society, Church or Congregation, then the Proportion of fuch Individuals fhall be paid to the Order of the Body to which they belong, by the rule aforefaid; and the Monies of fuch Individuals fhall be discounted from their Ministerial Taxes, or Contributions, and in that way inure to their exclufive Benefit ; and the Monies fo paid over, shall be applied to the Purposes of the Grant, and to no other whatsoever.

4. Be it further enacted, That if any Society, Church or Congregation, fhall apply any of the aforefaid Monies to any other Ufe or Purpose, than thofe to which they fhall, or may have a Right to apply them purfuant to this Act, fuch Society, Church or Congregation, fhall forfeit and pay a Sum equal to that so mifapplied, to the public Treafury of this State.

5. Be it further enacted, That all the Inhabitants living within the Limits of the located Societies, who by Law have or may have a right to Vote in Town Meetings, fhall meet some time in the Month of October annually, in the way and manner prescribed in the Statute, entitled " An Act for forming, ordering, and Regulating Societies," and being fo met fhall exercife the Powers given in and by faid Act, in organizing themselves, and in appointing the neceffary Officers, as therein directed for the Year enfuing; and may tranfact any other Bufinefs on the Subject of Schooling in general, and touching the Monies hereby appropriated to their ufe, in particular, according to Law; and fhall have Power to adjourn from Time to Time, as they fhall think proper.

6. Be it further enacted, That the Inhabitants or Members In other foci- of the feveral Religious Societies, Churches or Congregations sties in Dec. aforesaid, who have right by Law to Vote in their respective annually. Meetings, on the Subject of Ministry, and the Public Worship of God, fhall affemble themselves fometime in the Month of December anually, or at fuch other Time as they fhall judge convenient, and may organize themselves, and appoint the neceffary Officers as in faid Act is directed, all in the way and manner therein prefcribed, with Power to adjourn from Time to Time as they may think proper; and in any of their faid Meetings they fhall have Power to tranfact any Business relating to the Miniftry and the

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Public Worship of God, according to Law; but shall have no
Power to Act on the Subject of Schooling; any Law, Ufage, or
Custom, to the contrary notwithstanding.

An Act for the more eafy and effectually finishing of
Controverfies by Arbitration.

PAR. I. BE it enacted by the Governor and Council, and Houfe of

Reprefentatives, in General Court affembled, That all Controverfies Merchants and others defiring to end any Controverfy (for which by arbitrators they have no other Remedy but a perfonal Action, or Suit in how managed. Equity) by Arbitration, may agree that their Submiffion of the fuit to the Award or Umpirage of any Perfons, fhall be made a Rule of any of the Superior or County Courts, which the Parties fhall choose, and may infert fuch their Agreement in their Submiffion, or the Condition of the Bond, or Promife; and on producing an Affidavit of fuch Agreement, and upon reading and filing the fame in the Court fo chofen, the fame may be entered of Record in fuch Court, and a Rule of Court fhall be thereupon made that the Parties fhall submit to, and finally be concluded by fuch Arbitration, or Umpirage, and on the Award of fuch Arbitrators being returned into the Court fo chofen, in Cafe of Difobedience of either Parties, the faid Court may grant Execution to levy, and collect the Sum awarded by faid Arbitrators, with Cost.

2. And be it further enacted, That if any Merchant, or other Merchants, or Perfon defiring to end any Controverly, as aforefaid, by Abitra- others may' tion, fhall perfonally appear before any Superior, or County end controver Court, and acknowledge before fuch Court, that they have mu- fies by arbitually agreed to refer all their matters of Difference, or any par- tration, if ap ticular Thing to the Arbitrement of certain Perfons by them a- pearing before any fuperior or greed on, naming the Perfons fo chofen, and defiring the fame may county court, be made a Rule of Court; the fame may be entered of Record: &c. And a Rule of Court fhall be thereupon made that the Parties shall submit to, and finally be concluded by fuch Arbitration, or Umpirage, and on the Award of fuch Arbitrators being returned into the Court so chofen, in Cafe of Difobedience of either Party thereto, the faid Court may grant Execution in due Form of Law, and levy and collect the Sum, so awarded, to be paid with Coft. 3. And be it further enacted, That when any perfonal Action fhall be commenced, the Parties in fuch Action defiring to refer When any pers the fame, on each Party's choofing a Man, the Court may appoint shall be coma Third, whofe Award being by faid Referrees, or any two of merced, the them made, and retured into fuch Court, and by them accepted, parties to, &c, fhall be a final End of fuch Controverfy, and the said Court fhall grant Execution thereon according to the Award of fuch Referrees, with Coft.

G

fonal action

34

No man's per

fon to be imprifoned for debt, &c. in cafe, &c.

Provifo,

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An Act concerning Arrefts and Imprifonment.

PAR. 1. Beregentatives, in General Court affembled, That no

E by Governor and Council, and Houfe of

Man's Perfon fhall be arrested and imprifoned for any Debt, Damage, or Fine, where fufficient Means of Satisfaction can otherwife lawfully be found, from his Eftate, to be fhewn and prefented by him; but if no fuch Satisfaction can be found, his Perfon may be arrested and imprifoned: Where he fhall be kept at his own Charge, 'till Satisfaction be made; unless the Court that hath Cognizance of the Caufe, fhall otherwise determine and order. Provided nevertheless, That no Perfon or Perfons for the nonpayment of Rates, Fines, Debts, or for any Crime or Offence, fhall be committed to Prifon, without a Mittimus granted and figned by Civil Authority; declaring the Caufe and Ground of his Commitment, requiring the Goaler, Mafter, or Keeper of the Prifon to receive and keep fuch Perfon or Perfons within the Prifon, until difcharged according to Law: Unless where any proper Officer for want of Eftate, feize the Body or Bodies of any Perfon or Perfons by Execution or Diftrefs, or Warrant for Fines or Rates, and commit him or them to Prison; in which Cafe a Copy of the Execution or Diftrefs, attefted and figned by fuch Officer, and delivered to the Goaler, Master, or Keeper of the Prifon, fhall be a fufficient Warrant or Order for him to receive fuch Perfon or Perfons; and him or them to hold in fafe Cuftody 'till delivered by Law.

2. And if no other Means can be found to pay the Debt for Debtor to fa- which fuch Debtor is imprisoned, the Debtor fhall fatisfy the tisfy the debt fame by Service, if the Creditor defire it, and the Court fhall by fervice, in judge it reafonable; in which Cafe the Superior or County

cafe, &c.

Provifo.

Court fhall have Power to order and dispose of such Debtor in
Service, for the Purpose aforefaid, to fome Inhabitant of this State,
whether the Execution by which he is held iffued from fuch
Court or not.

Provided always, That no Court in this State fhall, in any Civil Cafe, affign or difpofe of any Person in service, until fuch Court is fatisfied by the Oath of the Parties or otherways, that fuch Debtor hath no Eftate fufficient to pay the Debt for which he is holden by Execution, except fuch Neceffaries as are by Law exempted from being taken by Execution; and the Debt for which he is holden is really and bona fide due, on good Confideration.

An A&t concerning Attachments.

[ENACTED IN OCTOBER 1770.]

PAR. 1. BE it enacted by the Governor and Council, and Houfe of Any eftate be Reprefentatives, in General Court affembled, That ing attached, when any Estate real or perfonal, is attached by Virtue of a Writ sopy to be left. of Attachment in any Ċivil Action, the Officer who serves the

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