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of legal force and operation at the time of the passing of the said act, and have not been recorded within the time and manner therein prescribed, after being duly attested and proved, shall be recorded or lodged in the secretary's office of this state within eighteen months after the passing of this act, otherwise, and in case of neglect and default of recording or lodging the said marriage contracts, deeds and settlements within the time, and in the manner herein prescribed and directed, then the same, and every thing herein contained, shall be and are hereby declared to be fraudulent and null and void, with respect to and against creditors, and bona fide purchasers and mortgagees.

Be it further enacted by the authority aforeMarriage said, That all marriage contracts, deeds and set

t8. tlements, to be made after the first day of June to particularize the next, shall therein describe, specify and particuproperty larise the real and personal estate thereby inby a sche

tended to be included, comprehended, conveyed and passed, or shall have a schedule thereto annexed, containing a description, and the particulars and articles of the real and personal estate intended to be conveyed and passed by such marriage contracts, deeds and settlements; which said schedule shall be thereto annexed and signed, executed and delivered by the parties therein interested at the time of the signing, executing and delivering the said marriage contracts, deeds and settlements, and be subscribed

by the same witnesses who subscribed the said In default marriage contracts, deeds or settlements, and of such shall be recorded therewith, otherwise, and in to be void.

{ default of such schedule and recording thereof

as aforesaid, the said marriage contracts, deeds and settlements shall be and are hereby deemed and declared to be fraudulent and null and void,

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with respect to and against creditors, and bond
fide purchasers or mortgagees. Provided, That
where any marriage settlement shall be made,
previous io marriage, nothing herein contained
shall be construed to extend to make the pro-
perty settled thereby liable in default of a sche-
dule, or not being duly recorded, to the pay-
ment of any debts contracted by any husband
previous to such marriage, but only to such
debts and contracts as shall have been incurred
and made by the said husband subsequent to the
marriage taking place.
. In the Senate House, the twenty-first day of

December, in the year of our Lord one thou-
sand seven hundred and ninety-two, and in
the seventeenth year of the Independence of
the United States of America.

President of the Senate.
Speaker of the House of Representatives.

An ACT to alter and amend the several acts for *

establishing and regulating the circuit courts

through this state. D E it enacted by the honorable the Senate

D and House of Representatives, now met and sitting in general assembly, and by the authority of the same, That to prevent false or erroneous Clerks to entries in the journals of the courts of common read over

the jourpleas in the said districts, it shall be the duty of nals of the the clerks of the said courts respectively, on courts to each day previous to the adjournment of the court, to read over to the judge or judges who may preside, the minutes or entries which shall have been made during the day, in the said journals.

And be it further enacted by the authority Certain ju- aforesaid, That the jurors drawn at the last ries decla- courts ät Cambridge and at Camden to serve at red legal.

the ensuing courts, shall be taken and deemed to be good and legal juries, and shall be obliged to serve as such according to law; any informalities in the drawing of the said jurors to the contrary thereof notwithstanding.

And to the end that the said judges of the courts of common pleas may be better enabled to carry into effect the several acts of the legislature providi g for the making of jury lists: .

Be it further enacted by the authority afore. Judges to said, That the judge or judges in each of the order the tas-coller, courts in this state, and at any time during the to-s to furierm at which it shall be necessary to provide hish lists of a taxable in

Of for the making of a new jury list, shall and may habitants. by rule of court, order and direct the several

tax-collectors within the district, to furnish to the sheriff of the district by a day therein to be mentioned, the names of all the inhabitants entitled, agreeably to the constitution, to vote for members of the legislature within the respective parishes or counties of the said tax-collectors respectively, distinguishing such names as have paid five shillings, and less than fifteen shillings; and such as have paid fifteen shillings and upwards for taxes the last year, to be by the said tax-collectors transcribed from their books or lists respectively for that purpose; a copy of which rule the sheriffs of the said districts re

spectively, shall cause to be served upon each And pun. tax-collector within the district, and upon neg.

"flect or refusal of any tax-collector to obey the in case of Qeglect. exigence of such rule, and upon proof of a copy

thereof having been duly served upon him, he shall be liable to be punished by the said court as for a contempt.

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And be it further enacted by the authority Threejud. aforesaid, That not less than three judges shall ges to at· hereafter preside and hold the adjournment court adjourned

tend the at Columbia, but as many more as may be con- court at venient.

Columbia And be it further enacted by the authority aforesaid, That no person hereafter shall be per- No attormitted to practice as an attorney or solicitor in ne

siding in any of the courts of this state, whose known this state and established residence is not within this state ; allowed to and all writs and other process issued or plead." ings filed by or on the part of attornies or solicitors residing out of this state, are hereby de. clared to be illegal and invalid, and may be quashed on motion. Provided nevertheless, That it may be lawful for attornies or solicitors living without this state, to attend the next judiciary court to finish business now pending.

And be it further enacted by the authority aforesaill, That where rules or process to revive Process proceedings at law cannot be served upon per- sert

absentees sons, because of their absence from and without by posting the limits of this state, it shall be sufficient to on the post such rules or process upon the court house house door of the district in which such absent per door. sons had their last residence.

And to prevent unnecessary suits in equity, where bonds are given conditioned for perfoi m: ance of covenants, or for the delivery of property, or for things other than the payment of money: - Be it further enacted by the authority aforesaid, That the plaintiff may in all such cases be- Bonds for

the perfor, fore he takes out his execution (and the defendant may by rule of court compel him thereto) covenants, submit the condition of such bonds and the spe- per

á how to be

recovered cial circumstances to a jury, in like manner as on a writ of enquiry, which jury may assess and



fix the debt or damages actually due, and the execution shall be levicd accordingly : Provided always, 7 hat the judgment for the penalty shall stand as a security for the sum so assessed by the jury, together with the costs of suit.

And to the end that plain and adequate re, medy may be furnished at law upon copartnership debts, where one or more of the copartners is or are out of the state, and cannot be surved with process, or where there are dci mant copartners ;

Be it further enacted by the authority oforeRemedy said, That in all such cases it shall be suik vient to serve process upon such of the copartners as partner Ship debts. may reside, or be found in the state, or upon

such of the firm or copartnership as are known; and suits so commenced against ccpartnerships are hereby declared to be legal and valid; any law, usage or custom to the contrary thereof in anywise notwithstanding.

And be it further enacted by the authority Process aforesaid, That all process lodged for service served af- and actually served, or copies left at the defendter return day, to be ant's place of abode, for the circuit courts after good for the time prescribed by law for the return of prothe second on

po cess, shall not by reason thereof be void, but

shall be good for the second court thereafter, in the same manner as though they had been served or executed thirty days next before the sitting of the said second court.

And whereas the dockets of causes at issue for trial at Camden and at Cambridge have respectively become very large, so that the time allowed by law is not sufficient for the trial of the whole of the said causes :

Be it therefore enacted by the authority afore, Courts at Camden" said, That the courts of common please at the and Cam. aforesaid places respectively, at the ensuing A.


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