he hall lofe his right of appeal, and the party in whofe favor the award may be, fhall be entitled to fue out an execution thereon, in the manner prefcribed in similar cafes of judgments or decrees.

3. No award made by virtue of this act, fhall be liable to be examined into, fuperfeded or revifed Awards by writ of error, or be fet alide by the court to not to be fet which it may be returned for want of form only, afide for irnor for other irregularity, if by fuch award, it regularity. manifeftly appears, that the fait, matter, or controverfy fubmitted, is thereby finally and certainly decided. Provided nevertheless, That nothing herein conrained fhall be conftrued to take from courts of equity their power over awards, arbitraments or quity as umpirages.

Power of

courts of e

heretofore.

Fee to the

4. The clerks fhall be allowed for all the fervices, to be performed by them under this act, the fame fees as are allowed by law for the like clerk. fervices, in cafes of a fimilar nature.

5. The arbitrators for their fervices fall receive nine fhillings per day each if demanded, to be paid jointly by the contending parties, before. To the arcopies of the award is delivered to them as aforefaid.

bitrators.

The fees to the clerk prior to the return and entry of the award, fhall be jointly paid down by the How paid. contending parties, as thofe fervices are rendered; but after the award is entered of record, all fubfequent colts fhall be charged to, and collectible from that perfon against whom the judgment or decree of the court hall be, under fuch award; except however it fhall be otherwife directed, in and by faid award.

6. Witneftes thall be allowed the fame com- Allowanie penfation, while travelling to, and attending to witon faid arbitrators, and be equally priviledged nelles. from arrefts, as witnelles attending the comts of

quarter fefions. All former acts concerning Repealing awards or arbitrations, now in force in this com- claufe. monwealth are hereby repealed.

CHAP. XXVI.

An A&t providing that ACTIONS POPULAR profecuted by COLLUSION, fhall be no bar to thofe which be purfued with GOOD FAITH

Approved January 30, 1798.

1. DE it enacted by the General Affembly, That
if any perfon hereafter, ue with good

H

covery in a

faith, any action popular, and any defendant in Plaintiff to the fame action, plead any manner of recovery by plea of reaction popular, in bar of the faid action; or that he, before that time, barred any plaintiff in any action tion nyre. Popular, then the plaintiff in the action taken ply that it with good faith, may aver that the faid recovery in was had by the faid action popular, was had by Covin; or elfe

former ac

covin.

may aver that the faid plaintiff was barred in the faid action popular, by Govin. Then it after the faid collufion or Govin, fo avered, be lawfully found, the plaintiff in that action fued with good faith, fhall have recovery according to the nature of the action, and execution upon the fame, in like manner and effect as if no fuch action aforefaid had been had. Provided always, that no plaintiff be in any wife received to aver any Govin in any action popular where the point of the fame action, or elie the Covin or collufion shall have been once tried, or law folly found with the plaintiff, or against him, by trial of twelve men and not o her wife. If the profeentor .of an action or information for the recovery of any penalty, and not wholly appropriated to the ufe of fuch profecutor, hall cumpound with the offender to direct foch fuit or information to be difcontinued, unless it be by leave for comof the court, wherein the faid fuit or information pounding fhall be depending, fuch profecutor fhall be liable actions &c. for fo much of the penalty to the commonwealth, or any other, as they would have been entitled to if the defendant had been convicted.

Penalty

All kinds

of bonds &c.

able.

§ I.

CHAP. XXVII.

An A&t to reduce into one the feveral acts concerning the ASSIGNMENT of BONDS and other WRITINGS. Approved February 12, 1798. E it enacted by the General fembly, I hat all bonds, bills and promillory notes made allign- whether for money or property, thall be aflignable, and it shall and may be lawful for the affignee of any fuch bond, bill or note to fue for the fame, in the fame manner the original obligee or payee, might or could do. Provided always, That the deto be allow- fendant fhall be allowed all difcounts under the rules and regulations preferibed by law, he can prove at the trial, either against the plaintiff or Not to efthe original obligee or payee, before notice of the fect the naaffignment. And provided always, That nothing in ture of the this act contained, fhall be fo cenftrued as to charge defence. the nature of the defence, either in law or equity,

ed.

Difcounts

that any defendant or defendants may have against an allignee or aflignees, or the original aliignor or allignors.

2. The fifth fixth and feventh fections of the act of the Virginia aflembly paffed in the year one Repealing thousand seven hundred and forty eight, entitled claufe. "an act for afcertaining the damage upon protefted bills of exchange, and for the better recovery of debts due on pioniflory notes, and for the aflignment of bonds obligations and notes." An act of the Kentucky allembly, palled in the year one thoufand feven hundred and ninety fix, entitled "an act concerning the alignment of bonds and other writings," thall be and the fame are hereby repealed.

This act fall commence and be in force from Commence and after the paffage thereof.

CHAP. XXVIII.

An A&t to reduce into one the feveral alts concerning the manner of AUTHENTICATING foreign DEEDS, RECORDS and other INSTRUMENTS in WRITING. Approved February 19, 1798. 7HEREAS the intercourfe between this itate and the other flates in the union, and between this ftate and foreign nations has be

WH

ment of the

act.

come more confiderable than heretofore, which Preamble renders it necellary that fome mode fhould be adopted to give authenticity to deeds and other inAruments in writing, foreign judgments, fpecialties on record, registers of birth and marriages, made, executed, entered into, given and enregittered, by and between perfons refiding in any of the United States, or in any foreign kingdom, ftate, nation or colony, beyond fea, and out of the jurifdiction of this fate.

How fas

be authenti

cated.

2. Be it enacted by the General Alfembly, That all fuch deeds, if acknowledged by the party making the fame, or proved by the number of witnelles before any court of law, or the mayor, or other reign deeds chief magiftrate of any city, town, or corporation &c. are to of the town or county, in which the party thail dwell, certified by fuch court or mayor, or chief magiftrate in the manner fuch acts are ufually authenticated by them, having annexed thereto the attestation of the clerk, and the feal of the court, if there be a feal, together with a certificate of the judge, chief justice, or prefiding magiftrate, as the cafe may be that the faid atteftation is in due

form; and all policies of infurance, charter-parties, powers of attorney, foreign judgments, fpecialties on record, regifters of birth or marriages, as have been, or fhall be made, executed, entered into, given and enregistered in due form according to the Jaws of fuch flate, kingdom, nation, province, ifland or colony, and attefted by a notary poblic, with a teftimonial from the proper officer of the city, county, corporation or borough, where fuch notary public fhall refide, or the great feal of fucli ftate, kingdom, province, ifland, colony or place beyond fea, fhall be evidence in all the courts of record within this commonwealth, as if the fame had been proved in the faid courts.

Attorney general to

attend cer

and for

what pur

pofe.

CHAP. XXIX.

An A& preferibing the duties of the ATTORNEY

GENERAL.

Approved February 12, 1798.
E it enacted by the General Afemoly, i hat

11. Bit fhall be the duty of the attorney ge

tain courts neral, and he is hereby directed, to attend all the diftrict courts within this commonwealth, as alfo the general meeting of the diftrict judges; in which feveral courts it fhall be his duty to appear In cafe of for the commonwealth, in all criminal profecutions, failure and in all civil cafes in which the commonwealth courts may fhall be interested. Provided however, if the atappoint per torney general fails to attend at any or either of the faid courts, the judge or judges of the fame, are hereby authorifed from time to time, as they may think fit, to employ a proper perfon to profecute for the commonwealth in his flead; which perfon fo employed, thall be paid for their fervices by the attorney general, fuch fum as fhall be directed by the court before whom the fervices fhall be rendered.

fons to prof

fecute for the com

mon

wealth,

The allowance & how paid.

how to be

Salary of § 2. The falary of the attorney general fhall the attorney hereafter be at the rate of two hundred pounds per general and annum, to be paid quarterly, in the fame manner as the falary to the judges of the fuperior courts So much of any act or acts as directs judges of the district courts to appoint attornies to profecute for the commonwealth, in courts where the attorney general cannot attend, is hereby repealed.

paid.

Repealing claufe.

Com

are.

This get thall commence and be in force from mencement and after the pallage thereof.

of the act.

CHAP. XXX.

An A& concerning the Owners of SALT and SALT PE

TRE WORKS.

Approved January 30, 1798. 7HEREAS it is reprefcnted, that confiderable

WHERE

lo's and inconvenience has arilen to citizens

of this commonwealth, refiding near the felt and Preamble. falt perse works therein, owing to the carelel.hefs of the owners or occupiers of fuch works, in not enclofing their falt petie water, brine or bittern water, from the accefs of flock: for remedy

whereof,

1. Be it enalled by the Generel Ajembly, That the owners and occupiers of each falt and falt pe

Works

tre works within this Hate, fhall Leep the fame en- fhall be enclofed, fo as to prevent cattle, and every other clofed. hint of lock, that may receive injury by drinking the falt petre water, brine or bittern water, from having any accefs thereto. And every perfon, owner or occupier of any falt or falt petre works within this face, failing to enclole and fecure his works from being acceible by calle or any other kind of flock, that may be injured by drinking the falt pet e waser, brine or bittern water, thall be liable to the action of the party injured by fuch neglect, for the value of any canile, or flock of any therein. other kind, that may be killed by drinking the fame, to be recoveted by action, in like manner as fums of like digants are recoverable by law.

Penalty for

failure

CommenceThis act hall commence and be in force from ment of the the first day of June next.

CHAP. XXXI.

An Act to reduce into one the feveral alts concerning

"B

STRAYS.

Approved February 10, 1798.

act.

Taker up

of a tray

boit, &c.

E it enacted by the General Ajembly, I nat if any perfon fhall take up any boat, canoe, or other veflet ad. it, he fall caufe the fame to be viewed by fome freeholder of the county where the fame ball be taken up, and fhall imme- his duty. diately go with fuch freeholder before a juilice of the peace of the fame county, and make oath when and where the fame was taken up, and that the marks thereof have not been altered or defaced fince the taking up; and the jalice hall take from fuch freeholder upon oath, an exact defeription of fuch tray boat, canoe or other vellel, and thall enter the fame on his ftray book, and give a certificate