cognizance, unto the adverse party, in such reasonable sum as the justice shall direct, on condition that he shall appear at the next stated or adjourned county court, to be held for the county in which such trespass is alledged to be done, and deliver the pleadings in the said cause to the clerk of said court, and cause the action to be entered in the said county court for trial, on the first day of the session thereof, and pay and satisfy such damages and costs as shall be awarded against him upon the final judgment given in the said cause. And the said justice shall thereupon deliver the writ and pleadings to the defendant, and the record of the recognizance to the plaintiff. And if such recognizor shall neglect to deliver the pleadings to the clerk, as aforesaid, and cause the action to be entered in due time for trial, according to the tenor of his recognizance, the default shall be entered in the said court, and a writ of scire facias shall be issued by the said clerk, for the recovery of the sum mentioned in said recognizance. And if the said action shall be entered on the clerk's docquet in due time, the said county court shall proceed to try the same, and give judgment in like manner as if the action was originally commenced in that court: but if the defendant in trespass, justifying on plea of title, shall refuse or neglect to become bound in manner as aforesaid, then his plea shall abate, and the justice, notwithstanding the same, shall proceed as if title to land was not concerned.

And be it further enacted, that each and every justice of the peace, within the limits of his authority, be, and is hereby impowered, according to law, to apprehend, or cause to be apprehended, and commit to prison, or bind over to be tried by the county or supreme court, all such criminal offenders, the enormity of whose misdemeanors, surpasses his power to try.

And be it further enacted, that all actions and causes of action, of a civil nature, (except on specialties and notes of hand, avouched by one or more witnesses) wherein the matter in demand exceeds the sum of forty shillings, and on all specialties and notes of hand, avouched as aforesaid, exceeding the sum of ten pounds, shall be originally commenced and prosecuted to effect, in a county court, under such regulations and restrictions as are hereafter provided and the county courts are to take cognizance of all appeals which, of right, are brought from a justice's court to the county court.

And it is hereby further enacted, that the county courts, within their respective counties, shall take cognizance of all criminal matters of every name and nature (except such cases as are cognizable only in the supreme court) and award such sentence as to law and justice appertains. And any person prosecuted for a criminal offence, and aggrieved at the judgment given in any county court, may appeal from the sentence (the cause being originally heard and tried in the said court) to the next stated or adjourned supreme court, to be holden in said county where the cause was tried, there to be finally determined: the appellant, within twentyfour hours after sentence given, recognizing to the treasurer of the county where the offence is charged to have been committed, (if the prosecution be commenced on the complaint of a county or town informing officer: if otherways, to the prosecutor) with sufficient sureties, in a reasonable

sum, for his personal appearance at the court appealed to, prosecuting his appeal there to effect, abiding the order or sentence of the said court thereon, and to be of good behaviour in the mean time. And the party appealing is to remain in the custody of an officer until he shall have given such security which officer shall not be allowed more than one shilling an hour for the said service.

And be it further enacted, that there shall be and hereby is constituted, a supreme court of judicature within and for this State, to be held and kept annually, at the respective times and places in this act hereafter mentioned, by one chief judge and four other judges, to be chosen by ballot, by the Governor, Council and General Assembly, annually, at their October session, and commissioned for that purpose: any three of whom to be a quorum; who shall have cognizance of all pleas of the State, criminal actions and causes, and whatsoever relates to the conservation of the peace, and punishment of offenders, whether the same be brought into said court by appeal, or any original process, according to law and also of civil causes or actions between party and party; and between this State and any of its subjects, whether the same do concern the realty, and relate to any right of freehold and inheritance, or whether the same do concern the personalty and relate to matters of debt, contract, damage or personal injury; and also all mixt actions which concern both realty and personalty, brought before them by appeal, review, writ of error, or in any legal way whatsoever. And the said court is hereby impowered to give judgment therein and award execution thereupon, with

costs.

And it is also further enacted, that, as well the judges of the county court as the judges of the supreme court of judicature respectively, where the forfeiture or penalty of any obligation, with a condition under written, or penalty annexed to any articles, agreement, covenants, contracts, charter party, or other specialty, or forfeiture of any estate granted upon condition, executed by deed of mortgage, or bargain and sale with defeazance, shall be found by verdict of jury, or by default or confession of the obligor, mortgager or vender, are hereby impowered and authorised to moderate the rigor of the law; and on consideration of such cases, according to equity and good conscience, to chancer such forfeiture, and to enter up judgment for the just debt and damages, and to award execution accordingly only upon actions upon mortgages or bargain and sale, with defeazance, the judgment shall be conditioned as follows;-that if the mortgager or vender, his heirs, executors or administrators, shall tender such sum as the court shall determine to be justly due thereupon, to the clerk of said court, within three months after the rendering of such judgment, such clerk shall receive it, and deliver a certificate of such receipt to the person making such tender or payment: which certificate, being entered upon the margin of the record of the mortgage, or other instrument of bargain or sale, in the town clerk's office where such land lies, shall discharge and forever defeat such instrument. And when the plaintiff shall receive such sum of the clerk, the said plaintiff shall subscribe a receipt for it on the records of the court. But if the mortgager or vender shall not make such payment or tender as aforesaid, within the

term aforesaid, the plaintiff shall be put in possession of the land sued for, by a writ for that purpose, to be issued by the clerk of the court wherein such judgment was obtained. Saving always, that nothing in this act be understood to debar the plaintiff from going to the clerk's office with the defendant, and receiving the money immediately of the defendant. And also that where judgment shall be rendered by default, in any suit brought on a note of hand, in any court in this State, such court shall have full power to ascertain the sum due on such note, and give judgment accordingly.

[The remainder of the act is occupied in fixing the times and places for holding the sessions of the supreme and county courts.]

AN ACT for the punishment of conspiracies against the peace, liberty, and independence of this State.

Whereas, unanimity, the great strength and security of a free and independent people, is necessary for the existence of a sovereign State: and whereas, insurrection may arise among the inhabitants of this State, fomented and stirred up by some designing persons, with a manifest intent to subvert and destroy the liberties and independence of the same :

Which evil to prevent,

Be it enacted, &c. that when and so often as six or more persons shall assemble, with weapons of terror, with a manifest intent to impede, hinder, or disturb any officer of this State, in the execution of his office; or shall rescue any prisoner, in the custody of the law; or any goods, or chattels, legally distrained; and there shall be among said persons, six, or more, who do not yield allegiance to the authority of this State, or have, and do deny the jurisdiction of the same; all and every person so ofiending, shall suffer banishment, or imprisonment, at the discretion of the superior court, before whom said offenders shall be tried: and their goods, chattels, and estates, shall be seized, condemned, and sold, by order of the superior court, as forfeited to the use of this State.

And be it further enacted, that if any person or persons shall conspire, or attempt, any invasion, insurrection, or public rebellion, against this State; or shall treacherously, and perfidiously attempt the alteration, or subversion of our frame of government, fundamentally established by the constitution of this State, by endeavouring the betraying of the same into the hands of any of the neighbouring States, or any other power, and be thereof convicted before the superior court, shall suffer banishment, or imprisonment, at the discretion of the said court; and the goods, chattels and estates of such offenders, shall be seized, condemned, and sold, as forfeited to the use of this State.

Be it further enacted, that if any person or persons, so banished, shall neglect to depart when ordered, or, when departed shall return to this State, without first obtaining liberty from the General Assembly, and shall be thereof convicted, he or they shall suffer death.

LAWS PASSED, JUNE, 1782.

AN ACT confirming a, right of land unto Reuben Bloomer, in the township of Dorset.

Whereas, Reuben Bloomer hath petitioned this Assembly for the confirmation of a deed of the original fight of land, granted to Timothy Ruggles, Jun., in the town of Dorset, which the said Bloomer had heretofore purchased of Asa Algur, and took of said Algur a deed of the same, under his hand and seal, dated the twelfth day of July, 1769; and the said Algur, signer and sealer of said deed, is since deceased, and one of the witnesses has since deserted his country and joined the enemy of this and the United States; so that said deed cannot be acknowledged in any legal way, heretofore prescribed by law. Therefore,

Be it enacted, &c. that the aforesaid right of land, heretofore described, be, and it is hereby, confirmed unto the said Reuben Bloomer in as full and ample a manner as if the act and deed of the said Asa Algur had by himself, been acknowledged in due form of law: and that the town clerk of said Dorset, is hereby directed to record the said deed, with a copy of this resolution, in the town records.

AN ACT in addition to an Act directing and regulating the levying and serving Executions.

Whereas, from the present scarcity of a circulating medium, it is at present impracticable to satisfy all judgments in money: therefore,

Be it enacted, &c. that when any officer shall levy or take, on execution for more than the sum of one pound, neat cattle, sheep, hogs, grain, flour, beef, pork, hides or tallow, such goods and estate (if the debtors do not pay the money to satisfy such execution, within four days after the same shall be taken) shall be appraised to the creditor to satisfy such execution, at the sign-post, in the town where they are taken, or such other place as the parties shall agree, in the same manner as real estate is to be appraised by the law directing the serving and levying executions. Provided, this act shall not be construed to affect debts contracted after the rising of this Assembly;-and that this act be in force until the rising of the Assembly in October next, and no longer.

* This act is preserved as a specimen of several others of a similar character.

LAWS PASSED AT MANCHESTER,

OCTOBER SESSION, 1782.

AN ACT relating to Auditors and Actions of Account.

For the better regulating actions of account,

Be it enacted, &c. that when any defendant, in any action of accoun depending in any county or supreme court in this State, shall plead in his defence any plea (which being true he ought not to acconnt) it shall be tried by a jury and in case verdict be found against him, the court shall enter up judgment against him that he shall account: and in such case, and also where such judgment shall be given on confession, the court may appoint three able, judicious, and indifferent men, auditors in such case; who shall be sworn to hear, examine, and adjust the account or accounts. And the auditors, appointed as aforesaid, are hereby authorised and impowered to appoint a time and place for the hearing and adjusting the accounts aforesaid: and upon the defendant's refusal (due notice being given him of the time and place appointed) to attend upon them, and produce his accounts, the auditors shall award to the plaintiff the whole of his demands. And upon the parties producing to them their accounts, the auditors shall have power to administer an oath unto them to answer such interrogatories as they shall think proper, respecting their accounts. And upon either of the parties refusal to take such oath, or to answer directly to such interrogatories, it shall be in the power of the auditors to commit the party, so refusing, to goal, there to remain, at his own charge, till he will account, or answer, as aforesaid. And when the auditors have adjusted the account, or awarded, as aforesaid, and returned the same to court, (either at the same sessions, or the next) that final judgment shall be made up for the recovery of the sum awarded, and costs; together with such reasonable costs, for the service of the auditors, as the court shall award; which shall be, by the party in whose favor the cause is determined, then paid down to the auditors, and shall be allowed him in his bill of costs.

That in all actions brought on book accounts, and depending before any county or supreme court, the like method may be taken in appointing auditors for the adjustment of accounts between the parties; and the court shall enter up judgment for the recovery of such sum or sums as shall be found to be in arrear by either party, with additional costs as aforesaid; and no person shall be allowed his oath, touching the merits of the cause in question, until judgment to account shall be given in such action, either after verdict or on confession. And in all actions on book accounts, the original books shall be produced in court, as well as before auditors appointed as aforesaid: and no account shall be allowed upon the party's oath, unless such original book be procured as aforesaid, except it shall appear that the same was providentially lost or destroyed :

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