contracts

to particu

by a schedule.

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 settlements, to be made after the first day of June larize the next, shall therein describe, specify and particuproperty larise the real and personal estate thereby intended 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, decds 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 marriage contracts, deeds or settlements, and shall be recorded therewith, otherwise, and in schedule, 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,

In default

of such

to be void.

with respect to and against creditors, and bond fide purchasers or mortgagees. Provided, That where any marriage settlement shall be made, previous to marriage, nothing herein contained shall be construed to extend to make the property settled thereby liable in default of a schedule, or not being duly recorded, to the payment 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 thousand seven hundred and ninety-two, and in the seventeenth year of the Independence of the United States of America.

DAVID RAMSAY,

President of the Senate.

JACOB READ,

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.

B

the jour

E it enacted by the honorable the Senate 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 pleas in the said districts, it shall be the duty of nals of the the clerks of the said courts respectively, on courts to the judges. 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 at Cambridge and at Camden to serve at red legal. the ensuing courts, shall be taken and deemed

order the

hish lists of

taxable in

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 thercof 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 kgislature providi g for the making of jury lists:

Be it further enacted by the authority aforeJudges to said, That the judge or judges in each of the tax-coller. Courts in this state, and at any time during the to's to fur- term at which it shall be necessary to provide 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 respectively, shall cause to be served upon each And pun- tax-collector within the district, and upon negish them lect or refusal of any tax-collector to obey the neglect. 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.

in case of

And be it further enacted by the authority Three jud. aforesaid, That not less than three judges shall ges to athereafter preside and hold the adjournment court adjourned at Columbia, but as many more as may be con- count at

venient.

tend the

Columbia.

And be it further enacted by the authority aforesaid, That no person hereafter shall be per- No attormitted to practice as an attorncy or solicitor in hey not residing in any of the courts of this state, whose known this state and established residence is not witi.in this state; allowed to and all writs and other process issued or plead practice, ings filed by or on the part of attornies or solicitors residing out of this state, are hereby declared 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.

served on

And be it further enacted by the authority aforesaid, That where rules or process to revive Process proceedings at law cannot be served upon per- 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 door. persons had their last residence.

And to prevent unnecessary suits in equity, where bonds are given conditioned for perform. ance of covenants, or for the delivery of property, or for things other than the payment of mo

ney:

court

mance of

Be it further enacted by the authority aforesaid, That the plaintiff may in all such cases be- Bonds for fore he takes out his execution (and the defend- the perfor ant may by rule of court compel him thereto) covenants, submit the condition of such bonds and the spe- recovered, cial circumstances to a jury, in like manner as on a writ of enquiry, which jury may assess and

how to be

upon co

partner

fix the debt or damages actually due, and the execution shall be levied accordingly: Provided always, That the judgment for the penalty shail 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 remedy 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 served with process, or where there are dormant copartners;

Be it further enacted by the authority aforeRemedy said, That in all such cases it shall be sufficient to serve process upon such of the copartners as 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 copartnerships are hereby declared to be legal and valid; any law, usage or custom to the contrary thereof in anywise notwithstanding.

ter return

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 defendday, to be ant's place of abode, for the circuit counts after good for the time prescribed by law for the return of procourtafter, 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.

the second

Courts at

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 :

Beit therefore enacted by the authority aforea Camden said, That the courts of common please at the and Cam- aforesaid places respectively, at the ensuing A