or his order, who shall be responsible for the same, and who shall give public notice thereof in the gazettes of this state

TIT. 180.

them.

for at least eight months if no claim should be made; and if A. A. 1783. such goods be not claimed within twelve months after such P. L. 321. delivery to the collector as aforesaid, they are to be publicly pears to claim sold, (or if the goods be perishable, to be sold forthwith) and after deducting reasonable charges, the residue shall be lodged in the public treasury, subject to the claim of the proprietor, his agent or attorney.*

11. If any person or persons not empowered, shall enter, Persons enter or try to enter forcibly on board any vessel or ship stranded ing forcibly or cast away, or in distress, or molesting the preservation any ship thereof, he or they may be repelled by force. And if any stranded, &c. person or persons shall carry away or secrete, any goods and may be repel. effects saved as aforesaid, such person or persons shall forfeit creting any and pay treble the value, to be recovered by the owner of goods, forfeit such goods, or his agent, in any court of record in this state.† treble their

led, and se

value.

TITLE 181.

Writ of Enquiry.

TIT. 181.

1. AND whereas there is but one return day at each court of common pleas, so that a writ of enquiry cannot be executed the same court; which proves to be a great delay and A. A. 1720. charge to the client: Be it therefore enacted, That at the same P. L. 109. court the interlocutory judgment is obtained, the jury ser- At the same ving at the same court shall be summoned immediate, to court the interlocutory try the several damages upon the several writs of enquiry intended to be executed in that court, and give in their verdict obtained, the judgment is thereon, any law, usage, or custom to the contrary notwith- jury shall en standing: Provided nevertheless, That execution be stayed for quire of the thirty days exclusive, next after the execution of such writs damages. of enquiry.

2. And to prevent unnecessary suits in equity, where bonds A. A. 1792. are given conditioned for performance of covenants, or for 1 Faust 213. the delivery of property, or for things other than the payment

of money:

Be it further enacted, That the plaintiff may in all such Conditions of cases before he takes out his execution (and the defendant bonds, for per may by rule of court compel him thereto) submit the condi- formance of tion of such bonds and the special circumstances to a jury, covenants, &c. in like manner as on a writ of enquiry, which jury may assess may be enquiand fix the debt or damages actually due, and the execution law after fors shall be levied accordingly: Provided always, That the judg- feiture. ment for the penalty shall stand as a security for the sum so assessed by the jury, together with the costs of suit.

* See State Constitution, Art. 9. § 2. and Constitution of United States, Art 1. § 8.

This act is nearly copied from the Stat. 26 Geo. 2. c. 19.

red into at

TIT. 182.

A. D. 1503.

c. 20.

P. L. 44. Where the defendant

sues out, costs to be awarded to the plain

tiff.

TITLE 182.

Writ of Error.

1. PRAYEN the commons in this present parliament assembled, That where at a parliament holden at Westminster in the third year of the reign of our sovereign lord the king St. 19 Hen. 7. that now is, by the advice of lords spiritual and temporal, and the commons, in the same parliament assembled, and by authority of the same, it was enacted, ordained, and established, among other things, that if any defendant or tenant, defendants or tenants, or any other that shall be bound by any judgment, sue afore execution had, any writ of error to reverse any such judgment in delaying of execution of the party, that then if the same judgment be affirmed good in the said writ of error, and not erroneous, or that the said writ of error be discontinued in the default of the party, or the person or persons that sueth the writ or writs of error be nonsuited in the same, that then the said person or persons, against whom the said writ of error is so sued, shall recover his costs and damages for his delay and wrongful vexation in the same, by discretion of the justices afore whom the said writ of error is sued: which act or ordinance hath not been as yet duly put in execution, by reason whereof, as well plaintiff's as demandants, in divers actions by them sued sith the making of the said statute, have been oftentimes delayed of their execution, to their great and importable hurt, loss, and charges:' Wherefore the king by the advice of the lords spiritual and temporal, and the commons, enacteth, that the said act made the third year of his reign, concerning the premises, be good and effectual, and that from henceforth it be duly pat in execu

A. D. 1673.

P. L. 77.

Execution not to be staid or delayed by writ of error.

tion.

2. And whereas by an act of parliament made in the third 13 C. 2. c. 2. year of the reign of our late sovereign lord king James of blessed memory, a very good law was made for avoiding unnecessary delays of execution, whereby it is enacted, that no execution shall be stayed or delayed upon or by any writ of erFor or supersedeas thereupon to be sued for the reversing of any judgment to be given in any action or bill of debt, upon any single bond for debt, or upon any obligation with condition for payment of money only, or upon any action or bill of debt for rent, or upon any contract sued in any of his highness courts of record at Westminster, or in the counties palatine of Chester, Lancaster or Durham, or in his highness courts of great sessions in any of the twelve shires of Wales, unless such person or persons, in whose name or names such

*The Stat. 3 Jac. 1. c. 8. See 3 Ruffhead's Statutes at large 52 This statute was made perpetual by 3 Car. 1, c. 4. and 16 & 17 Car.

2. c. 8,

writ of error shall be brought, with two sufficient sureties, TIT. 182. such as the court wherein such judgment is or shall be given,

shall allow of, shall first before such stay made, or superse- A. D. 1673. deas to be awarded, be bound for the party for whom any such 13 C. 2. c. 2: judgment was or should be given, by recognizance to be ac- P. L. 77, knowledged in the same court, in double the sum adjudged to be recovered by the said former judgment, to prosecute the said writ of error with effect, and also to satisfy and pay (if the said judgment shall be affirmed) all and singular the debts, damages and costs adjudged or to be adjudged upon the former judgment, and all costs and damages to be also awarded for the same delaying of execution; which law hath been found by experience to be very good and beneficial to the commonwealth.' [See Title 7, Amendment.-Title 75, Exe cution.]

APPENDIX

TO THE SECOND VOLUME.

TITLE 108. Lands.

Note. After the first section of Title 108, the following clause should have been inserted, viz:

"And for the prevention of all disputes that may arise, how claims are to be made "to lands and tenements within this province, and that the same may be ascertained, " and the possessors of lands and tenements, assured how and in what manner persons "having or laying claim to any lands or tenements, ought to lay claim to the same, "and also that all persons having right or title to lands or tenements, may know "how to claim or demand their right in such cases, Be it enacted, That all manner "of persons whatsoever that are concerned to make claim to any lands or tenements "within this province, so as to make their claim effectual, are to make claim by "their action of law, duly entered in the court of common pleas within this province, "according to the former practices and rules of the said court; and that the chief "justice or judges of the said court of common pleas, do allow of no other claim to "lands or tenements, for any persons plaintiffs in any suit or suits before him, than "what is made by their action on records, as aforesaid, any law, usage, custom or "practice to the contrary notwithstanding."-Public Laws, p. 101. § 3.

TITLE 122. Oaths-Affirmations.

Note. The following should have been inserted under this title, but was inadver tently omitted:

"All persons who shall be chosen or appointed to any office of profit or trust, be"fore entering on the execution thereof, shall take the following oath: I do swear, "(or affirm,) that I am duly qualified according to the constitution of this state, to "exercise the office to which I have been appointed, and will to the best of my abi"lities, discharge the duties thereof, and preserve, protect and defend the constitu. "tion of this state and of the United States."-State Constitution, Art. 4.

TITLE 157. Slaves.

Note. Immediately preceding the 77th section under this title, the following should have been inserted, viz:

"And whereas it is not the intention of the legislature to prohibit the citizens of "this state, who may have carried their slaves into any of the other states, from "bringing back into this state, such negroes or slaves, nor from carrying out and "bringing back such of their negroes as their exigencies or occasions may require, "upon their being properly identified."-2 Faust's Collection of Acts of Assembly, 94.