1806. supposed ideot or lunatic was sent ; and upon production of such certificate to the auditor of public accounts, he shall issue a warrant in favor of such officer and guard, for their services and travelling And auditor to expenses, allowing to each, five cents per mile for going to the said issue warrant to officer & guard hospital, and the same for returning, besides ferriages, and allowing further to such officer, four cents per mile going, and the same returning, for each ideot or lunatic, or supposed ideot or lunatic, besides ferriages, to be paid out of any monies in the public treasury. 2. When upon the return of an insane person to the county When insane whence he or she was sent, it shall be necessary to confine him or person must be her in the jail thereof, the jailor shall be compelled to receive such confined in priperson, and shall be paid for each day's maintenance of him or her, son jailor entiin the same manner as jailors are now paid for prisoners confined for offences. tate of insane 3. All expenses under this act shall be reimbursed, in the man- Expenses to be ner directed by the before-recited act, out of the estate of the in- defrayed by es sane person or persons, on whose account they were incurred, if any, he, she or they may have; Provided, such person or persons be found insane by the said court of directors. person, 4. So much of any act as comes within the purview of this act, Repealing shall be, and the same is hereby repealed. clause. 5. This act shall commence and be in force from and after the Commencement, passing thereof. CHAP. XCIII. An Act authorising Samuel Pleasants, Junior, to Publish a Collection of certain Public Laws of this Commonwealth, and for other purposes. WH [Passed January 7, 1807.] HEREAS it hath been represented by Samuel Pleasants, Preamble junior, that he hath, at a very considerable expense, prepared for publication a continuation of the Revised Code of Laws, containing a collection of all such acts of the general assembly, of a public and permanent nature, as have passed since the session of one thousand eight hundred and one, together with several other acts of the same nature, which were omitted in the late collection; and the said Samuel Pleasants, junior, having petitioned the legislature to sanction a publication of the same in such manner as to give them legal authority; 1. BE it therefore enacted, That upon the certificate of William Commissioners W. Hening, William Munford and George W. Smith, or any two to certify. of them, being published with the said laws, stating that they had carefully compared the edition of the acts so to be published, with the original laws, and found them to be truly and accurately printed, they shall be received and considered of equal authority, in the courts of this commonwealth, as the originals from which they are taken. 2. And be it further enacted, That the governor be, and he is hereby authorised and required, to subscribe, on behalf of the commonwealth, for one hundred and fifty copies of the edition proposed to be published as aforesaid; and the sum of four dollars, which is Certain number. of copies taken by the commons wealth. 1806. How to be distributed. Commencement. Suit may be bro't against sheriffs where estate is committed to them. First sheriff dying to be com nitted to his suc cessor. Appeal, writ of error, &c. may be revived against sheriffs in such cases. Sheriff may re vive suit by scire facias. hereby declared to be the price for each copy, shall be paid out of the treasury at the expiration of twelve months from the time of their delivery, on warrant or warrants to be issued by order of the executive. 3. The number of copies so subscribed for on behalf of the commonwealth, shall be distributed by the executive, among the clerks of the several courts within this commonwealth, the clerks of the senate and house of delegates, the auditor of public accounts, treasurer, register of the land office, and clerk of the executive council, so that each have one copy for the use of their respective offices. 4. This act shall be in force from the passing thereof. CHAP. XCIV. An Act directing the mode of proceeding against Decedents' Estates, and providing a mode of Reviving Suits in certain cases. 1. [Passed January 7, 1807.] E it enacted by the General Assembly, That in cases where on default of the qualification of an executor, or an administrator, as the case may be, the estate of a deceased person is committed by any court in this commonwealth, to the sheriff, it shall be lawful for any creditor of the deceased, to prosecute any action or actions at law, or suit or suits in equity, against such sheriff, which he or she might or could have maintained against an executor or administrator, if one had qualified on the estate of such deceased person; in which action or suit in equity, the court in which it shall be brought, shall render a judgment or decree as in ordinary cases; and such judgment or decree, if against the sheriff, shall charge the assets which shall come to his hands, and shall be paid by such sheriff under the order of such court, either by discharging the whole debt, or if there be not sufficient property of the deceased, then in proportion to what other creditors shall receive un der the order of the court. And in case such sheriff shall die before he has fully administered, the succeeding sheriff, or sheriff then in office, shall take into his hands the estate of such deceased person unadministered; and shall, in all respects relative thereto, act as if the said estate had been originally committed to him: and all suits relative to the said estate commenced by or against his predecessor may be revived by scire facias in his name; Provided, That the same could have been revived by or against an executor or administrator. 2. And be it further enacted, That where any appeal, writ of er ror, or supersedeas, depending in any court of this commonwealth, shall abate, or is now abated by the death of either the appellant or appellee, or the plaintiff or defendant in error, and the estate of such appellant or appellee, plaintiff or defendant in error, shall be committed to the sheriff as before mentioned, it shall be lawful for the court where such appeal, writ of error or supersedeas, is now or shall be hereafter depending, to revive the same by scire facias, in the same manner that it might have been revived if an executor or administrator had qualified. 3. And be it further enacted, That where any suit, depending in any court of law or equity, is abated, or shall abate, either by the * See Rev. Code, vol. 1, ch. 92, sec. 61, pa. 167. death of the plaintiff or defendant, the same may be revived by stire facias in the name of the sheriff to whom the estate may be committed as aforesaid; Provided, That the same could have been revived by or against an executor or administrator: Provided nevertheless, That in case of a suit brougat or revived against a sheriff, or an appeal, writ of error, or supersedeas, revived against a sheriff as representing a deceased person as aforesaid, such sheriff shall not be liable for costs, in case à decree or judgment is rendered against him, unless he has assets to defray such costs, and if he has not sufficient assets, then said plaintiff, appellant, or plaintiff in error, shall be liable for so much of said costs as the said sheriff shall not have assets enough to pay. 4. This act shall be in force from and after the passing thereof. CHAP. XCV. An Act concerning Impressments. [Passed January 8, 1807.] 1806. Commencement 1. E it enacted by the General Assembly, That whenever it Property im the uer shall be necessary to impress any property for the use of pressed to be ag this commonwealth, it shall be the duty of the officer er person who praised, &c. impresses the same, to apply to a justice of the peace of the county wherein the property shall be impressed, who shall cause the same to be appraised by two disinterested, respectable house-keep ers sworn for that purpose; and if it shall so happen that the pro- When property perty so impressed is totally destroyed or lost in the service of the is lost or injured, commonwealth, so that the same cannot be returned to the owner, officer to certify. the officer or person who impressed the property shall so certify: Upon the owner producing such appraisement and such certificate, the auditor of public accounts is hereby authorised and required to issue a warrant for the amount of the appraisement, on the treasurer, who is directed to pay the same out of any monies in the trea sery. Should the property impressed as aforesaid, be restored to Property may be the owner, and he should conceive it had been injured in the ser- re-valued in cer vice of the commonwealth, he may, within five days thereafter, call tain cases. on the same persons who first valued the said property, if to be found, who shall be sworn to determine the value of such property at the time the same was restored to the owner, otherwise any justice in the county where the property was impressed, may cause two housekeepers to value the same upon oath as aforesaid. The justice or justices as the case may be, shall certify, to the auditor of public accounts, such first and second valuation, with their true date and the time such property has been restored; who shall, if the second valuation amount to a less sum than the first, issue a warrant for the difference, to be paid out of any money in the trea sury. Provided nevertheless, That in all second valuations, the hire of such property shall be taken into consideration by the appraisers. Provisa 2. And be it further enacted, That if it shall appear that such When property property has been injured by the officer or person who impressed it, is injured, comor any other person, whereby the commonwealth has sustained an monwealth may have remedy aSee Revised Code, vol. 1, ch. 121, pa. 236-ch. 279, pa. 410. R 1806. gainst persons injuring. Commencement. Fine on witness fai ing to attend before single magistrate. Commencement. injury, it shall and may be lawful for any attorney prosecuting on behalf of this commonwealth, where such person resides, to recover the said damages, upon motion, before any court of record within the commonwealth, ten days notice thereof having been previously given: But such person may, if required, have such motion tried by a jury, provided he will not delay the trial. 3. This act shall commence and be in force from and after the passing thereof. CHAP. XCVI. An Act to amend the Act, entituled, “ An Act to compel the attendance 1. E it enacted by the General Assembly, That when any person who shall be summoned as a witness to attend before any magistrate of a county or corporation within this commonwealth, to give evidence in any matter depending before such magistrate, shall fail to attend accordingly, not having a reasonable excuse for such failure, such witness shall be fined by the magistrate, before whom he shall fail to attend, in such sum as the magistrate shall think fit to impose, not exceeding five dollars, to the use of the party for whom such witness was summoned, and shall moreover be liable for damages in the manner now prescribed by law. Provid ed however, That the witness failing to attend as aforesaid, may for good cause shewn, be excused as heretofore. 2. This act shall be in force from and after the first day of June next. CHAP. XCVII. An Act to amend and explain an Act, entituled, an Act "To reduce into one all Acts and parts of Acts relating to the appointment and duties of Sheriffs."t Person first no. 1. minated as she [Passed January 10, 1807.] E it enacted by the General Assembly, That in all cases where the person riff failing to give of sheriff of any county, shall fail to give bond in two months bond, or apply for commission, ex- after his appointment, as the law directs, and a certificate of such ecutive to com- failure shall have been transmitted by the clerk of such county, to mission some o- the governor or chief magistrate for the time being; or where the ther without good cause shewn. person first nominated to the said office of sheriff, shall fail to make application to the governor or chief magistrate for a commission, within one month after such nomination, the governor, with the advice of council, is hereby authorised and required to issue a commission to some other person nominated by the court, unless good cause be shewn to the contrary; which commission to all intents and purposes, shall supersede and annul the former commission; and if the person thereafter commissioned or nominated as aforesaid, shall be guilty of the like neglect, the governor, with the advice of the council, is hereby authorised and required, in either See ante ch. 11. See Revised Code, vol. 1, ch. 80, pa. 120. case, to commission any other person or persons nominated by the court, unless good cause be shewn to the contrary; which last commission shall in like manner supersede the former, 1805. 2. And if hereafter there shall be a vacancy in the office of she- Vacancy in office riff or sergeant in any county or corporation within this common- of sheriff or serwealth, the coroner, or coroners of such county, or corporation, geant, coroner to shall execute, do and perform all the duties which appertain to the act. office of sheriff or sergeant, except such as relate to the collection of the public revenue, levies, fines, forfeitures, amereements and officers' fees. And, in case of any neglect or breach of his or their duty, such coroner or coroners shall be subject to the same pains, penalties, forfeitures and damages, and to the same proceedings, judgment and execution as sheriffs or sergeants are subject to in like cases. dues. Sheriff and de 3. And be it enacted, That it shall and may be lawful for all de- High sheriff dyputy sheriffs to collect and make distress for any levies, fines, for- ing, deputy may feitures or amercements, which may be due at the time of the death collect certain of their high sheriffs: and also to collect and make distress for all officers' fees, which may have been received by such high sheriff, or any of his deputies to collect, and which may remain due at the time of the death of such high sheriff; and such deputy shall be accountable for such levies, fines, forfeitures, amercements and fees. in like manner as if the sheriff had lived.(a) It shall be lawful for the county courts within this commonwealth to qualify any per- puty dying, son or persons, for the purpose of completing the collection of le- county to appoint vies, fines, forfeitures, amercements and officers' fees in any coun- collector, ty where the sheriff and his deputy shall die before such collection shall be completed. And the person or persons, so appointed, after having given bond and security, to the executors or administrators of such sheriff, to be approved of by the court, for the faithful performance of the duties of the office, shall have the same power, in all respects, for collecting such levies, fines, forfeitures, amercements and fees as the high sheriff would have had : but the acting executors, or administrators of such high sheriff, if any there be at the time of such appointment, shall be summoned by order of court to shew cause, if any they can, against the person whom the said court shall nominate. The person or persons so appointed shall, in all respects, be subject to the same penalties for any neglect of duty or failing to account for and pay to the person or persons authorised to receive the money by him or them so collected, and may be proceeded against by such executors or administrators, in the same manner as deputy sheriffs are liable to, and may be proceeded against by their principals. 4. And be it further enacted, That the same remedy is hereby Remedy against given against the securities and representatives of sheriffs, serge- securities sheants and coroners as is given against the sheriff, officer or under riffs, &c. sheriff, or securities of such under sheriff, by the fifty-first section of the act, entituled, "An act for further continuing and amending (a) This power was before granted to deputy sheriffs so far as related to the collection of the taxes-See Rev. Code, vol. 1, ch. 83, sec. 29, 30, 31, pa. 132. |