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amongst them by the number of miles they shall respectively go, in the most direct way, to ascertain which, a certificate of the whole distance from the place where he was apprehended to the port the ship or vessel shall be at, shall be endorsed by the justice of the peace on his warrant; and if the master or commander shall refuse to pay the money to the person's entitled to it, or to others authorized by their orders to receive it, the naval officer of the port with whom the warrant and orders shall be left, shall not clear the ship or vessel out before it shall be paid to him for their use, unless the master or commander shall make it appear, by the oath of himself, or of some other on board, that the seaman had not been returned, or had been discharged before he was apprehended; and the master or commander paying the money may deduct it out of the wages becoming due to the seaman. A constable wilfully or negligently suffering a seamen, not being discharged from his ship or vessel, who shall have been committed by warrant of a jastice of the peace to his custody, to escape, unless he shall recover him, and proceed to deliver him as the warrant required, shall, upon complaint made to a justice of the peace, which he shall be summoned to answer, pay the reward due to the person who apprehended the seaman, and to the constables by whom he had before been conducted, and shall moreover pay the sum of five pounds to the master or commander of the ship or vessel, to be re.

covered with costs, by petition to the county, city, or

for borough court. A person concealing a deserted seaconcealing deserted sea. man, shall pay the sum of three pounds to the master

or commander of the ship or vessel to which he shall belong, to be recovered with costs. The master or commander of a ship or vessel, who shall entertain, employ, or hire a seaman, belonging to a ship or vessel owned by a citizen of the commonwealth, before he shall have been discharged, shall pay to the owner the sum of twenty pounds, to be recovered with costs, by

action of debt. Two justices of the peace may hear & Mutinous and a refractory complaint made to them of any mulinous or refractory conduct in behaviour in a seaman or waterman, and causing the

parties to appear before them at a convenient time, in some place near the ship or vessel they shall belong to, with their witnesses, may adjudge the accused, if he shall be proved to have stricken, or to have offered to

men.

zeamen.

sirike the master or other superior oficer, or to have threatened to do any bodily hurt to him, or to have pe. remptorily refused, without just cause, to obey his commands, to forfeit to the owner such part of the wa. ges due to the seaman or waterman as will make reasonable amends for the injury and damage, not exceeding the sum of five pounds, and is satisfaction cannot be obtained by other means, may award execution for the amount of the forfeiture, or so much thereof as shall exceed the wages due, against his goods and cbattels. But seamen or watermen shall not be obliged Accommodato serve on board any ship or vessel if such sufficient tions. wholesome victuals and drink, and convenient accommodations, as are customary in the merchant service, shall not be provided for and allowed to them. A master who shall correct immoderately, or maim a sea- Immoderate man under his command, may be brought before any correction. justice of the peace by his warrani, and be compelled to give security for his good behaviour, and shall moreover be liable to the action of the party injored for damages. The master or commander of a ship or ves- Penalty for sel, who shall put and leave on shore any sick or disa

pulling sick bled seaman, not entitled to his discharge by their seamen on contract, without providing for his cure and maime- store, with nance, shall forfeit twenty pounds, to be recovered out.providing

for them. with costs, by action of debt, one half to bim who will sne, to his own use, and the other hall to the use of the county in which the seamau shall be lefi, and applied towards his cure and inaintenance. The inaster or commander of a ship or vessel, discharging a seaman Lise

Certificate of from his service, shall sign and deliver to him a certificate thereof, and refusing so to do, when it shall be required, shall pay the sum of five pounds to the seaman, to be recovered with costs, by action of debt. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and eighty-seven.

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CHAP. LX. From Rev. Bills of 1779, ch. XX."""" An act directing the course of descents.

Descents, 1. Be it enacted by the General Assembly, That course of,

henceforth when any person having title to any real estate of inheritance, shall die intestate as to such estate, it shall descend and pass in parency to his kindred male and female in the following course, that is to say:

II. To his children or their descendants, if any there be:

III. Iftbere be no children nor their desendants, then to his father.

JV. If there be no father, then to his mother, brothers and sisters; and their descendants, or such of thema as there be:

V. If there be no mother, nor brother, nor sister, nor their descendants, then the inheritance shall be divided into two moieties, one of which shall go to the paternal, the other to the maternal kindred, in the following course, that is to say:

VI, First to the grandfather:

VII. If there be no grandfather, then to the grandmother, uncles and aunts on the same side, and their descendants, or such of them as there be:

VIII. If there be no grandmother, uncle nor aunt, nor their descendants, then to the great grandfathers, or great grandfather if there be but one.

IX. If there be no great grandfather, then to the great grandmothers, or great grand mother if there be but one, and the brothers and sisters of the grandfathers and grandmothers, and their descendants, or such of them as there be:

X. And so on in other cases without end; passing to the nearest lineal male ancestors, and for the want of them to the lineal female ancestors in the same degree,

and the descendants of such male and female lineal anNone can in.

in. cestors, or to such of them as there be. herit, except XI. But no right in the inheritance shall accrue to children, un. any person whatever, other than to children of the in

Se testate, unless they be in being and capable in law to at iniestate's death.

take as heirs at the time of the intestates death.

less

XII. And where for want of issue of the intestate, lin. manal

his kind tie and of father, mother, brothers and sisters, and their

it while 012descendants, the inheritance is before directed to go by ternal, v nu moieties to the paternal and maternal kindred, if there maternal, tuo should be no such kindred on the one part, the whole while

ternal. shall go to the other part: And if there be no kindred none of ei. either on the one part or the other, the whole shall ro ther, to bus. to the wife or husband of the intestate. And if the wite barid or wife. or husband be dead, it shall go to her or bis hindred, band ucad.

If wife or husin the like course as if such wite or husband had survived the intestate and then died, entitled to the estate. XIII. And in the cases before mentioned where the Whole & bialf

bloud, how to inheritance is directed to pass to the ascending and colo:

or take. lateral kindred of the intestate, is part of such collat rals be of the whole blood to the intestate, and other part of the half blood oply, those of the half blood shall inherit only half so much as those of the whole blood: But if all be of the half blood, they shall have whole portions, only giving to the ascendants (if there be any) double portions.

XIV. And where the children of the intestate, or his mother, brothers, and sisters, or his grandmother, un- Per capita cles, and aunts, or any of his female lineal ancestors living, with the children of his deceased lineal ancestors male and female in the same degree come into the partition, they shall take per capita, that is to say by persons; and where a part of them being dead, and a part living, the issue of those dead have right to per si partition, such issue shall take per stirpes, or by stocks, that is to say, the share of their deceased parent.

XV. And where any of the children of the intestate, Advanceor their issue, shall have received from the intestate in ments. his life-time any real estate by way of advancement, and shall choose to come into partition with the other parceners, such advancement shall be brought into hotclipot with the estate descended.

XVI. In making title by descent it shall be no bar Aliens, de lo a demandant that any ancestor through whom he de-tcent through rives his descent from the intestate, is or hath been an alien. Bastards also shall be capable of inheriting or Bastards. of transmitting inheritance on the part of their mother, through muin like manner as if they had been lawfully begotten of theis. such mother.

XVII. Where a man having by a woman one or Bastards le. more children, shall afterwards intermarry with such gitimated.

woman, such child or children, if recognized by him, shall be thereby legitimated. The issue also in marriages deemed mull in law shall nevertheless be legiti

mate,

nce. XVIII. 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.

Commen

CHAP. LXI. An act concerning wills; the distribut: From Rescue tion of intestales estales; and the

duty of execulors and administrators.

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I. BE it enacted by the General Assembly, ThateveWills of lands

ry person aged twenty-one years or upwards, being of sound mind, and not a married woman, shall have power, at his will and pleasure, by last will and testa

ment in writing, to devise all the estate, righ, title, and In writing interest, in possession, reversion, or remainder, which

he hath, or at the time of his death shall have, or, in, or to lands, tenements, or hereditaments, or annuities,

or rents charged upon issuing out of them; so as such How attested. last will and testament be signed by the testator, or by

some other person in his preseuce, and by his direction; and moreover, if not wholly written by himself, be attested by tivo or more credible witnesses subscribing

their names in his presence. Saving dower I. Saving to the widows of teslators, their dower in of widows.

such lands, tenements, rents, or annuities, according to the laws, which shall not be prejudiced by any devise

thereof. Revocation III. No devise so made, or any clause thereof, shall of such wills. be revocable, but by the testator's destroying, cancell.

ing, or obliterating the same, or causing it to be done Wills made in his presence, or by a subseqaent will, codicil, or dewhen testa. tor had no

claration in writing, made as aforesaid.
orrion in writing me

But every child.

last will and testament, made when the testator had no

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