CHAP. XI.

An act to amend an act, intituled, An act to repeal an act, intituled An act concerning entries and surveys on the Western waters, and for other purposes.

1. WHEREAS the act, intituled "An act to repeal an act, intituled An act concerning entries and surveys on the Western waters, and for other purposes," requiring that the owners of entries shall appoint agents or attornies in each county where such entries are made, and notify such appointments to the principal surveyor of the county, by the first day of February, one thousand seven hundred and eighty seven, and declaring that on failure thereof, such entries shall be void, whereby many of the good people on the western waters, through ignorance of the said recited act, are likely to be injured by a forfeiture of their entries: For remedy whereof,

II. Be it enacted, That no entry shall be forfeited under the said recited act, for and during the term of two years, after the passing this act.

Act incorpo

CHAP. XII.

An act to repeal the act for incorporating the Protestant Episcopal Church and for other purposes.

I. BE it enacted by the General Assembly, That ra ing Protes the act, intituled "An act for incorporating the Protant Episcopal Church testant Episcopal Church," shall be, and the same is repealed. hereby repealed: Saving to all religious societies the

ous society se

property to them respectively belonging, who are here- Each religi. by authorised to appoint from time to time, according cured in its to the rules of their sect, trustees, who shall be capa- property and ble of managing and applying such property to the re- authorized to ligious uses of such societies. And to guard against regulate its all doubts and misconstructions,

II. Be it further enacted, and declared, That so much of all laws now in force, as prevents any religious society from regulating its own discipline, shall be, and is hereby repealed.

own disci

pline.

CHAP. XIII.

An act to suspend an act, intituled An act for the establishment of courts of assize.

I. BE it enacted by the General Assembly, That the act, intituled "An act for the establishment of Acts estabcourts af assize," be, and the same is hereby suspended of assize furlishing courts until the first day of January, in the year of our Lord, ther suspendone thousand seven hundred and eighty eight: And ed. that the general court shall proceed in all things in the same manner, as if the said act had never passed.

CHAP. XIV.

An act for affording protection from arrests to witnesses summoned to attend to orders for reference and surveys.

Witness at

I. WHEREAS it is reasonable that persons summoned to attend as witnesses on references, or surveys, tending refer to be made under an order of either the high court of ders of surchancery, general, county, or corporation courts of vey, privile

ences and or

ged from ar- this commonwealth, should be free from arrests during such their attendance:

rests.

How such witnesses summoned.

None privileged onless actually a wit. ness and duly summoned

II. Be it therefore enacted, That all and every such witness or witnesses, as well in coming to, or returning from, as during their attendance at such reference or survey, shall be privileged and free from arrests in like manner as witnesses attending on the said courts.

II. And be it enacted, That on application by the party, surveyor, or referees, interested in or acting under the order of any such court, the clerk of the court from whence the order for a survey or reference shall issue, may and shall grant one or more subpoenas, as the case may require, commanding the attendance of the witness or witnesses, at such time and place as shall by the person requiring the said subpoena or subpoenas to issue, be directed. And if any person, duly served with such subpoena, shall fail to attend at the time and place therein mentioned, he or she so failing, shall be liable to the same penalty, and to the like action for damages, as in case of non-attendance upon a trial in court after having been regularly summoned thereto. And whereas, an abuse of those privileges which are granted for the furtherance of justice, ought to be carefully guarded against;

IV. Be it further enacted, That no person whatsoever attending any of the courts in this commonwealth, or upon any reference or survey, by order of any such court, in virtue of any subpoena, shall be privileged from an arrest by original or other process, unless such person shall be actually a witness in the matter in such supoenas expressed, nor unless the said supœnas shall have been first duly executed by a sworn officer, or by some other indifferent person who shall have made oath to the due execution thereof.

Preamble.

CHAP. XV,

An act to empower securities to recover damages in a summary way.

I. WHEREAS many persons have been reduced from affluence to poverty, by securityships, and it fre

quently happens that the security or securities upon bonds or other obligations, their heirs, executors, or administrators, have been compelled to pay the whole, or the greater part of the debt due upon such bonds or obligations, and in many cases have not been able, by the insolvency of the principal or principals, or a tar dy administration of justice, to recover from them of their representatives, the whole or any part of the a mount of such debts, whereby the said securities have been involved in great inconveniences, and often times in manifest ruin: For remedy whereof,

Securities

summa tp. medy against

II. Be it enacted, That in all cases where judgment hath been, or shall hereafter be entered up in any of the courts of record within this commonwealth, against their princi any person or persons, as security or securities, their pals. heirs, executors, administrators, or assigns, upon any note, bill, bond, or obligation, and the amount of such judgment, or any part thereof, hath been paid or discharged by such security or securities, his, her, or their heirs, executors, administrators, or asssigns, it shall and may be lawful for such security or securities, his. her, or their executors, administrators, or assigns, to obtain judgment by motion against such principal obligor, or obligors, his, her, or their heirs, executors, administrators, or assigns, for the full amount of what shall have been paid by the said security or securities, his, her, or their executors, administrators, or assigns, in any court where such judgment may have been entered up against such security, or securities, his, her, or their heirs, executors, administrators, or assigns.

III. And be it further enacted, That where the prin- Contribution cipal obligor, or obligors, have, or hereafter shall be- among secu. rities, how come insolvent, and there have been or shall be two or enforced. more securities jointly bound with the said principal obligor, or obligors, in any bond, bill, note, or other obligation, for the payment of money, or other thing, and judgment hath been, or hereafter shall be obtained against one or more of such securities, it shall and may be lawful for the court before whom such judgment was or shall be obtained, upon motion of the party or parties, against whom judginent hath been entered up as securities aforesaid, to grant judgment, and award execution against all and every of the obligors and their legal representatives, for their and each of their respective shares and proportions of the said debt.

IV. And be it further enacted, That no security or Securities securities, his, her, or their executors, administrators, not to confess or assigns, shall be suffered to confess judgment, so as judgment.

to distress kis, her, or their principal, or principals, if such principal, or principals, will enter him, her, or themselves a defendant or defendants to the suit, and tender to the said security or securities, his, her, or their executors, administrators, or assigns, other good and sufficient collateral security, to be approved of by the court before whom the suit shall be depending. Provided always, That no judgment shall be obtained by motion as aforesaid, unless the party or parties, against whom the same is prayed, shall have ten days previous notice thereof.

Preamble.

Duty of Clerks, as to depositions,

CHAP. XVI.

An act to compel the clerks of inferior courts to perform certain duties, and for other purposes.

I. WHEREAS by an act of the general assembly of this commonwealth, intituled "An act for establishing a general court, it is, among other things, enacted that when any person, other than a slave, charged with any criminal offence, shall be examined before a court for that purpose to be convened and held, if it shall be the opinion of the court, before whom such persons shall be examined, that he or she ought to be iried in the general court, such examining court shall cause the depositions of the witnesses to be taken, and bind such as they shall think proper by recognizances, to appear and give evidence against such person at his or her trial, which duty hath heretofore been in great measure neglected, whereby great inconveniences and delays have been incurred in the administration of justice: For remedy whereof,

II. Be it enacted, That when any person, other than a slave, charged with any criminal offence, shall be