with me any slaves with an intention of selling them, nor have any of the slaves which I have brought with me been imported from Africa, or any of the WestIndia islands, since the first day of November, 1778. So help me God." Nor to any persons claiming slaves by descent, marriage, or devise; or to any citizens of this commonwealth, being now the actual owners of slaves within any of the United States and removing such hither; nor to travellers and others making a transient stay, and bringing slaves for necessary attendance, and carrying them out again.

slaves.

VI. And be it further enacted, That no person Penalty for whatsoever shall buy, sell, or receive of, to or from a dealing with slave, any commodity whatsoever without the leave or consent of the master, owner, or overseer of such slave. And if any person shall presume to deal with any slave without such leave or consent, he or she so offending, shall forfeit and pay to the master or owner of such slave four times the value of the thing so bought, sold, or received, to be recovered with costs, by action upon the case, in any court of record within this commonwealth; and shall also forfeit and pay the further sum of five pounds, to any person who will sue for the same, to be recovered with costs, by summons and petition, in the same manner as other debts not exceeding five pounds, nor under twenty-five shillings are, or receive on his or her bare back thirty-nine lashes well laid on at the public whipping-post, but shall nevertheless be liable to pay the costs of such summons and petition.

Commence

VII. This act shall commence and be in force from and after the first day of January, one thousand seven ment of act. hundred and eighty-seven.

From Rev.

Bills of 1779,

ch. LIV.

Who deemed mulattoes.

Commencement of act.

CHAP. LXXVIII.,

An act declaring what persons shall be deemed mulattoes.

1. BE it enacted by the General Assembly, That every person of whose grandfathers or grandmothers any one is, or shall have been a negro, although all his other progenitors. except that descending from the negro, shall have been white persons, shall be deemed a mulatto; and so every person who shall have onefourth part or more of negro blood, shall, in like manner, be deemed a mulatto.

II. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty seven.

From Rev. Bills of 1779,

ch. LVI.

In case of

powers, how their mer. chants and

be treated.

CHAP. LXXIX.

An act concerning aliens.

1. BE it enacted by the General Assembly, That war between in case that war arise betwixt the United States of the U. States, America and any foreign state, the merchants and peoand foreign ple of such state, their families, agents, and servants, found in this commonwealth at the beginning of the war, shall not be attached either in their body or people shall goods because of such war, but shall be warned by proclamation from the governor, taking thereon the advice of the council of state, that they shall depart the commonwealth with their families, agents and servants aforesaid, and their goods, freely within forty days after the proclamation inade and published. the mean time they shall not be impeached, nor let of their passage, or of making their profit of the same merchandizes, if they will sell them. And in case that for default of wind or of ship, or for sickness, or for other evident cause, they cannot depart the commouwealth within so short a time, then they shall have

In

other forty days, or so much more as the necessity of their affairs may require, and the governor and council may think it safe to allow, and in the mean time may sell their merehandize as afore is said.

resorted to,

II. But if before their departure credible intelligence When retali shall be brought to the governor, that the merchants ation may be or people of any of the United States be evil treated in the land making war against us, then they shall be attached without harm of body or goods, until the truth of the matter be certainly known unto the governor and council of state: And if the merchants and people of the United States be well treated there, theirs shall be likewise with us: And if otherwise, theirs shall be treated or demeaned within the commonwealth, in the manner, form, and condition as the merchants or people of the United States be treated or demeaned in the land making war against us.

Commence

III. This act shall commence and be in force from and after the first day of January, one thousand seven ment of act. hundred and eighty-seven.

CHAP. LXXX.

From Rev. Bills of 1779.

An act directing what prisoners shall ch. LVIII. be let to bail.

1. FOR ascertaining in what cases persons appre- What prisonhended on suspicion of felony shall or shall not be ad- ers may be mitted to bail: Be it enacted by the General Assembly, admitted to That those shall be let to bail who are apprehended for bail, what not any crime not punishable in life or limb: And if the crime be so punishable, but only a light suspicion of guilt fall on the party, he shall in like manner be bailable: But if the crime be punishable in life or limb, or if it be manslaughter, and there be good cause to believe the party guilty thereof, he shall not be admitted to bail.

II. No person shall be bailed after conviction of any felony.

VOL. XII.

Y

Penalty for III. If any justice let any go at large on bail who is admitting or refusing bail not bailable, or refuse to admit to bail any who have improperly. right to be so admitted, after they shall have offered sufficient bail, or require excessive bail, he shall be amerced at the discretion of a jury.

Commence.

IV. This act shall commence and be in force from ment of act. and after the first day of January, one thousand seven hundred and eighty-seven.

From Rev. Bills of 1779, ch LVII.

Magna Char

ta.

Trial by jury, and equal and speedy jus tice secured.

Commence

ment of act.

CHAP. LXXXI.

An act declaring that none shall be condemned without trial, and that justice shall not be sold or defer

red.

I. BE it enacted by the General Assembly, That no freeman shall be taken or imprisoned, or be disseized of his freehold, or liberties or free customs, or be outlawed or exiled, or any otherwise destroyed, nor shall the commonwealth pass upon him, nor condemn him; but by lawful judgment of his peers, or by the laws of the land. Justice or right shall not be sold, denied, or deferred, to any man.

II. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven.

CHAP. LXXXII.

From Rev Bills of 1779,

An act concerning mill-dams and other ch. XLVIII. obstructions of water courses.

Writ of ad

Notice.

1. BE it enacted by the General Assembly, That Proceedings, when any person owning lands on one side of any wa- on erecting ter course, the bed whereof belongeth to himself, or to milis. the commonwealth, and desiring to build a water gristmill on such lands, and to erect a dam across the same, for working the said mill, shall not himself have the fee-simple property in the lands on the opposite side thereof, against which he would abutt his said dam, he shall make application for a writ of ad quad dam- quad damnum. num, to the court of the county wherein the lands proposed for the abuttment are, having given ten days. previous notice to the proprietor thereof, if he be to be found in the county, and if not, then to his agent therein, if any he hath, which court shall thereupon order their clerk to issue such writ, to be directed to the sheriff, commanding him to summon and empannel twelve fit persons to meet upon the lands so proposed for the abuitment, on a certain day, to be named by the court, and inserted in the said writ, of which notice shall be given by the sheriff, to the said proprietor or his agent, as before directed, if neither of them were present in court at the time of the order made; which freeholders taken, shall be charged by the said sheriff, impartially, and to the best of their skill and judgment, to view the said lands so proposed for an abuttment, and to locate and circumscribe, by certain metes and bounds, one acre thereof, having due regard therein to the interests Inquest, what of both parties, and to appraise the same according to to contain. its true value, to examine the lands above and below, of the property of others, which may probably be overflowed, and say to what damage it will be of to the several proprietors, and whether the mansion house of any such proprietor, or the offices, curtilage, or garden, thereunto immediately belonging, or orchards, will be overflowed; to enquire whether, and in what degree, fish of passage and ordinary navigation will be obstructed; whether by any, and by what means, such obstruction may be prevented; and whether in