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CHAP. XXXIV.
An act for the punishment of the crime

of bigamy.

Passed the 8th of December, 1788.)
WHEREAS it hath been doubted, whether bigamy

My Bigamy de. or poligamy be punishable by the laws of this com- fine monwealth; Be it enacted by the General Assembly, ished. that if any person or persons within this common. wealth, being married, or who shall herealier marry, do at any time after the first day of February, which shall be in the year of our Lord, one thousand seven hundred and eighty-nine, marry any person or persons, the former husband or wise, being alive, that then every such offence shall be felony, and the person or persons, so offending, shall suffer death as in cases of felony: And the party and parties so offending, shall receive such and like proceeding, trial and execution, within this commonwealth, as if the offence had been committed in the county where such person or persons shall be taken or apprehended. Provided, that nothing herein contained shall extend to any person or persons whose husband or wife shall be continually remaining beyond the seas by the space of seven years together, or whose husband or wife shall absent him or herself, the one from the other, by the space of seven years together, in any part within the United States of America or elsewhere, the one of them not knowing the other to be living within that time. Provided also, that nothing herein contained shall extend to any person, or persons, that are, or shall be, at the time of such marriage, divorced by lawful authority; or to any person, or persons, where the former marriage hath been, or hereafter shall be by lawful authority, declared to be void, and of no effect; nor to any person, or persons, for or by reason of any marriage had or made, or hereafter to be had or made, within age of consent: Provided also, that no attainder for the offence made felony by this act, shall make, or work any corruption of blood, or forfeiture of estate whatsoever.

CHAP. XXXV.
An act releasing the escheat and for.

feiture accruing on the conviction
and attainder of John Price Po-
sey, deceased.

[Passed the 9th of December, 1788.] Escheat and I. WHEREAS John Price Posey, hath been conforfeiture of victed and attainted of arson, and it is contrary to the estate of John Price Posev. lenity, which a republican government ought in such convicted or cases to observe towards its citizens, that the escheat arson, release and forfeiture of estate, incident thereto by law, should cd.

be enforced against a family already oppressed by misfortune, and more particularly against his wife, from whose patrimony such estate hath principally, if not wholly, arisen. Be it therefore enacted by the General Assembly, That all right, title, interest claim, and demand, which now exists in the commonwealth, or upon any office hereafter to be found, shall be established therein, to the estate of the said John Price Posey, deceased; shall pass, descend, and vest, in and to, the same person, or persons, and be subject to all, and every claim, and claims, in law and equity, of all and every person, and persons whatsoever, in the same manner, as if no conviction or attainder of the said John Price Posey had taken place.

CHAP. XXXVI.
An act to amend the act, intituled, An

act to regulate the inspection of

flour. Penalties. un.

[Passed the 10th of December, 1788} der the law regulating 1. WHEREAS the mode of recovering the penal. the inspec. ties imposed by an act of the last session of the general

assembly, intituled · An act to regulate the inspection how recorer. ass able. of lour and bread," is attended with great delay, and many persons are thereby prevented from suing for the same: Be it therefore enacted by the General As. sembly, That where the penalties and forfeitures are over the sum of twenty five shillings, and do not exceed five pounds, the same shall be recoverable by petition in the same manner, as is by law directed in case of petitions for the like sum of inoney: And where the penalty incurred shall exceed the sum of five pounds, the prosecutor may sue for the same, in the court of the county, or corporation, where the defendant resides, or where the offence was committed. The prosecutor may make oath before a justice of the peace, of the nature of the action, and that he verily believes the defendant hath incurred the penalty and forlewre thereby demanded, which the clerk, upon a certificate thereof to him produced, shall indorse upon the back of the writ, and thereupon the defendant shall be ruled to give special bail. So much of the said recited act, or any other act of assembly, as comes within the purview of this act, shall be, and the same is, hereby repealed,

CHAP. XXXVII.
An act releasing the escheat accruing

on the death of Roscow Cole Bing-
ham, deceased.

[Passed the 10th of December 1788 ] 1. WHEREAS Roscow Cole Bingham, deceased, Escheat of was in his lifetime seized in fee-simple, under the estate of Roswill of his father Stephen Bingham, of a certain tract Bingham, for

cow Cole of land, lying, and being, in the county of King Wil. defect of liam: And it is represented to this present general as. blood, sembly, that the said Roscow Cole Bingham, depar.“ ted this life under age, intestate, and without leaving any person capable by law, of inheriting the said land, and that Stephen Bingham, would, but for the impediment of half blood, have been the heir of the said Roseow Cole Bingham, and it is not reasonable that

the commonwealth should derive benefit from a principle of escheat, inconsistent with the genius of republican government: Be it enacted by the General Assem. bly, That all the right, title, interest, claim, and demand, which now exists in the commonwealth, or upon any office, hereafter to be found, shall be established therein, shall pass, descend, and vest, in and to, the same person, or persons, and in the same manner, as if no defect of heritable blood had taken place; saving however to all persons, and bodies, politic, and corporate, other than those claiming under the common. wealth, all legal or equitable rights, which they might have asserted to the said land, if no defect of heritable blood had taken place.

CHAP. XXXVIII.

An act to disable certain officers under the continental government, from holding offices under the authority, of this commonwealth.

[l'assed the 8th of December, 1788.]

1. WHEREAS the good people of this commonDisqualin.ca. wealth in convention assembled did, on the twenty tion of offi. cers under filth day of June last, ratify a constitution for the gothe federal vernment of the United States of America, the operagovernment, tions of wbich will soon commence; to hold under this common

on II. And whereas it is judged expedient and necessawealth. ry, that all those who shall be employed in the admin

istration of the said government, ought to be disqualified from holding, or administering any office, or place whatsoever, under the government of this commonwealth: Be it therefore enacted by the General Assembly, That the members of the congress of the Uni- ; ted States, and all persons who shall hold any legislative, executive, or judicial office, or other lucrative office whatsoever, under the authority of the United States, shall be ineligible to, and incapable of hold

ing any seat in either house of the general assembly, or any legislative, executive, or judicial office, or other lucrative office whatsoever, under, under the government of this commonwealth: Provided nevertheless, That such disqualification shall not extend to militia. officers, or the magistrates of conniv courts.

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CHAP. XXXIX.
An act for establishing an inspection

of tobacco in the town of Newport
and county of Prince William.

(Passed the 11th of December, 1788.] 1. BE it enacted by the General Assembly, That

It Inspection of an inspection of tobacco shall be, and the same is to be hereby established on the lots of Cuthbert Bullitt, town of Newgentleman, in the town of Newport, and county of port, in Prince William, numbered twenty nine, thirty, thirty linn

Prince Wil. one, and thirty two, in the plot of the said town (the established.. proprietor being willing to build convenient and proper houses for the reception of tobacco, at his own expence) and shall be called and known by the name of Bullitt's warehouse. There shall be allowed and paid annually to each of the inspectors at the said warehouse, the sum of fifty pounds for their salary. The appointment of inspectors and all other regulations respecting the said warehouse shall be the same as directed by law for other inspections and not contrary to this act. If the quantity of tobacco inspected at the said warehouse shall not be sufficient to pay the usual charges and inspectors salaries, the deficiency shall not be paid by the public. The said Cuthbert Bullit, shall, on or before the first day of May next, give bond, with sufficient security, in the court of the said county of Prince William, in the penalty of two thousand pounds, payable to the governor, for the time being, and his successors, for the use of the commonwealth, with condition that he will not build nor suffer to be built, any house with a fire place therein, on his lots or lands, within one hundred yards of the said warehouse.

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