any three of which said commissioners shall be sufficient for the purpose. But no commissioner shall act without having first taken, before some justice, an oath to act impartially. Reasonable notice, in writing, of the time and place of taking such depositions, shall be given, by either party, to the other. Notice in any of the cases before mentioned, as well as the lists, left with his wife, or any other free person over the age of twenty one years, belonging to his family, other than a negro or mulatto, or, in case of their absence, then at the dwelling house, shall be deemed sufficient. The depositions shall be certified by the commissioners taking the same, sealed up and sent by them to the clerk of that house of which the person was returned a member, without delay.

II. Complaint shall be lodged against a member within ten days after the meeting of the assembly, where the contested election shall have been holden at the stated annual period, or within twenty days after the election, where such election shall have been holden in consequence of an intermediate vacancy; and the depositions taken as aforesaid, shall be, by the clerk of each house, respectively, delivered to the speaker thereof, to be committed with the petition of the the party complaining, and shall be received and read as evidence. upon the hearing thereof, subject, however, to the exceptions of the opposite party.

III. Subpoenas for witnesses shall be issued by the clerks of the county courts upon the application of either party. And the witnesses shall be entitled to the same allowance, be privileged from arrests, and be subject to the like penalties, as witnesses attending the county courts.

IV..If any person shall vote a second time, at any election, for members of the general assembly, he shall forfeit and pay ten pounds, to be recovered, with costs. of suit, in any court of record, by action of debt, bill, plaint, or information, to the use of the person who will sue for the same.

V. And be it further enacted. That the sheriff conducting the election in any county in the district of Kentucky, shall, at the request of any one or more of the candidates, adjourn the election until the next day, although the electors who appear be not too numerous

to be polled before sun-setting, or there be no rain, of rise of water courses.

VI. And be it further enacted, That the several county courts shall be empowered, for good cause to them shewn, to remit any penalty incurred by a freeholder or not having given his vote at any election for a delegate or senator, according to law.

VII. So much of every act and acts, as comes within the purview of this act, shall be, and the same is hereby, repealed.

Acts con

poor amen.

ded.

CHAP. LIII.

An act for amending the acts con cerning the poor.

[Passed the 25th of December, 1788.]

I. FOR the amendment of the several acts concerncerning the ing the poor, Be it enacted by the General Assembly, That wheresoever any former church-warden, who hath not settled his accounts as such, and paid the balance due from him, is already dead, or shall hereafter die, before such settlement and payment, the executors and administrators of such decedent shall be liable to the same recovery as the said church-warden would have been liable to in his lifetime: Saving nevertheless, to the said executors and administrators, the benefit of all pleas to which they may by law be entitled.

II. If any person appointed to superintend an election of overseers of the poor, shall refuse or neglect to serve, without reasonable excuse, he shall forfeit and pay for every such refusal and neglect, the sum of ten pounds, to be recovered for the use of the poor of the county in any court of record, by action of debt, or an information, founded on this act, together with costs: And in case it shall so happen that the person appointed to superintend the election, shall neglect to attend as above recited, in that case the county court shall appoint an overseer at the next court held for such county.

bound to col.

III. It shall be the duty of the sheriff of every coun- Sheriffs ty, and of the serjeant of any city or borough, if ap- lect poor pointed by the overseers of the poor to collect any rates. poor rate, to collect and account for the same, and to be liable to all things required and imposed on a collector of such rate by law. Any sheriff or serjeant refusing to undertake the said collection, shall forfeit, and pay, the sum of fifty pounds, to be recovered in manner aforesaid, for the use aforesaid.

Trustees of

cietles, to col

IV. And be it further enacted, That the trustees of any religious society, shall have full power and autho- religious so rity to prosecute all suits heretofore instituted and now lect balances depending, upon bond or otherwise, for any arrear- due to parishages due to the different parishes within this common- es. wealth.

CHAP. LIV.

An act concerning the importation of slaves, into the district of Kentucky.

[Passed the 26th of December 1788]

1. WHEREAS many persons who have removed Importation from some other parts of the United States, into the dis- of slaves, into Kentucky, trict of Kentucky, and have become citizens of this regulated. commonwealth, have failed within ten days after their removal into the same, to take the oath, or oaths, precribed by two acts of assembly, the one, intituled, "An act for preventing the further importation of slaves," the other, intituled, "An act concerning slaves," to be taken on the importation of the same, although they might with great truth have taken such oaths: And whereas such failure hath been chiefly, if not altogether, owing to the impracticability of complying with the said acts: Be it enacted by the General Assembly, that such persons as have already removed, or shall remove before the passing of this act, from any part of the United States, into the district of Kentucky, may take the oaths aforesaid, on or before the first day of May, in the year of our Lord, one thousand seven VOL. XII. P 4

hundred and eighty-nine, and the taking thereof shall be as effectual to award the pecuniary penalties of the said acts, as if it had been within ten days after the removal of such person.

II. All persons who shall remove to the said district, from any part of the United States, after the passing of this act, may take the oath aforesaid within sixty days after such removal; any law to the contrary notwithstanding. Provided nevertheless, that this act shall not be construed to affect the right of any slave or slaves, or of any person or persons, entitled to freedom: But as to all persons who may take the said oaths, on or before the said first day of May, the operation of the said acts, as far as they relate to the freedom of any slave removed, or which before the passing of this act may be removed into the district of Kentucky, shall be, and is hereby, suspended for three years; and no suit, or suits, shall be instituted or proceeded on in any court of this commonwealth for the recovery of the freedom of any such slave, before the expiration of the said term of three years. Provided however, that the suspension aforesaid, shall not be construed to extend to. or affect, the case of any slave or slave, or of any person or persons, entitled to freedom, who have before the passing of this act instituted a suit or suits for the same, in any court of this commonwealth, nor to any such case in which an adjudication, or adjudications, shall have been had thereupon.

CHAP. LV.

An act concerning the credentials of the senators of this commonwealth in congress.

[Passed the 22d of December, 1788.]

1. BE it enacted by the General Assembly, That Credentials so soon as any election shall be made of senators for this commmonwealth, in pursuance of the constitution of

of sensors to

congress.

the United States of America, the clerk of the house of delegates shall notify the same to the governor; who shall cause a credential to be made out, and the seal of the commonwealth affixed thereto, shall sign the same, and cause it to be delivered to each senator; which credential shall be in the words following:

"Virginia, to wit: The legislature of this commonwealth, on the day of

thousand seven hundred and

one

having, in pursuance of the constitution for the United States of America, chosen senator; I

esquire, a being gover

nor or chief magistrate of the commonwealth, do hereby certify the same to the senate of the said United States. Given under my hand and the seal of the commonwealth, this day of one thousand seven hundred and

A like notification shall be made, and a like credential shall be delivered to Richard Henry Lee and William Grayson, esquires, respectively, who have been chosen senators for this commonwealth.

II. Whenever the executive shall by virtue of the said constitution, make a temporary appointment of a senator, a credential shall be prepared with the forms and solemnities aforesaid, and shall be delivered to such temporary senator, in the words following:

"Virginia, to wit: A. B. esquire, who was duly chosen a senator for this commonwealth, in pursunance of the constitution for the United States of America, having died (resigned, or otherwise, as the case may be) during the recess of the legislature of the commonwealth, 1, being governor or chief magistrate of the commonwealth, have therefore thought fit, by and with the advice and consent of the privy council or council of state, and by virtue of the said constitution, to appoint

esquire, to be and act as a senator for the commonwealth, until the next meeting of the legislature thereof.” Given under my hand, and the seal of the commonwealth, this day of

one thousand seven hundred and