shall be charged upon the taxes which became due prior to the first day of November one thousand seven hundred and eighty-nine, and shall be receivable in dis- In what mancharge of any of the said taxes. ner. SECT. 12. And be it enacted, That no warrant which Certain warshall become due after the thirty-first day of December rants not reone thousand seven hundred and ninety, shall be re- ceivable in ceivable in discharge of any of the revenue taxes becoming due, previous to the first day of November in same year, the discharge of taxes becom ing due pre vious to 1st November 1790. CHAP. XXXIX. An act for the relief of creditors against fraudu lent devises. (Passed the 17th of December, 1789.) SECT. 1. WHEREAS it is not reasonable or just, Preamble. that by the practice or contrivance of any debtors, their creditors should be defrauded of their just debts; and nevertheless it hath often so happened, that where several persons, having by bonds or other specialties bound themselves and their heirs, have afterwards died, seized in fee-simple of and in messuages, lands, tenements and hereditaments, or having power or authority to dispose of or charge the same by their wills or testaments, have to the defrauding of such their creditors by their last wills or testaments devised the same, or disposed thereof in such manner as such creditors have lost their said debts: ditors, For remedying of which, and for the maintenance of Devises of just and upright dealing, Be it enacted by the General lands, &c. Assembly, that all wills and testaments, limitations, dis- void as to cre positions or appointments, of, or concerning any messuages, lands, tenements, or hereditaments, or of any rent, profit, term or charge out of the same, whereof any person or persons, at the time of bis, her or their decease, shall be seized in fee-simple in possession, reversion or remainder, or have power to dispose of the same by his, her, or their last wills or testaments, shall be deemed and taken (only as against such creditor or creditors as aforesaid, his, her and their heirs, successors, executors, ad who may sue ministrators and assigns, and every of them,) to be fraudulent, and clearly, absolutely and utterly void, frustrate and of non effect; any pretence, colour, feigned or presumed consideration, or any other matter or thing to the contrary nonwithstanding. SECT. 2. And for the means that such creditors may heirs and de- be enabled to recover their said debts, Be it further envisees jointly; acted, that in the cases before mentioned, every such creditor shall and may have and maintain his, her and their action and actions of debt, upon his, her and their said bonds and specialties, against the heir and heirs at law of such obligor or obligors, and such devisee and devisees, jointly by virtue of this act; and such devisee or devisees shall be liable and chargeable for a false plea by him or them pleaded, in the same manner as any heir should have been for any false plea by him pleaded, or for not confessing the lands or tenements to him descended. Exception of devises, &c. to pay just debts, or portions in pursuance of any marriage contract. SECT. 3. Provided always, and be it enacted by the authority aforesaid, That where there hath been or shall be any limitation or appointment, devise or disposition, of or concerning any messuages, lands, tenements or hereditaments, for the raising or payment of any real and just debt or debts, or any portion or portions, sum or sums of money for any child or children of any person, other than the heir at law, according to, or in pursuance of any marriage contract or agreement in writing bona fide made before such marriage, the same and every of them shall be in full force; and the same messuages, lands, tenements and hereditaments, shall and may be holden and enjoyed by every such person or persons, his, her and their heirs, executors, administrators and assigns, for whom the said limitation, appointment, devise or disposition was made, and by his, her and their trustee or trustees, his, her and their heirs, executors, administrators and assigns, for such estate or interest as shall be so limited or appointed, devised or disposed, until such debt or debts, portion or portions shall be raised, paid and satisfied; any thing in this act contained to the contrary notwithstanding. SECT. 4. And whereas several persons being heirs at law, to avoid the payment of such just debts, as in regard of the lands, tenements and hereditaments descending to them, they have by law been liable to pay, have sold, aliened, or made over such lands, tenements or hereditaments, before any process was or could be issued out against them. where he ali Be it further enacted, That in all cases where any heir In what manat law shall be liable to pay the debt of his ancestor in ner an heir is regard of any lands, tenements or hereditaments de- answerable scending to him, and shall sell, alien or make over the enes the lands same, before any action brought, or process sued out descended. against him, such heir at law shall be answerable for such debt or debts in an action or actions of debt, to the value of the said land so by him sold, aliened or made over; in which cases all creditors shall be preferred, as in actions against executors and administrators, and such execution shall be taken out upon any judgment or judgments so obtained against such heir, to the value of the said land, as if the same were his own proper debt or debts, saving that the lands, tenements and hereditaments bona fide aliened before the action brought, shall not be liable to such execution. SECT. 5. Provided always, and be it further enacted, Heir may That where any action of debt upon any specialty is plead riens brought against any heir, he may plead riens per discent per discent, at the time of the original writ brought, or the bill filed against him; any thing herein contained to the contrary notwithstanding; and the plaintiff in such action may reply that he had lands, tenements, or hereditaments from his ancestor before the original writ brought, or bill filed; and if upon issue joined thereupon, it be found for the plaintiff, the jury shall enquire of the value of the Jury to inlands, tenements or hereditaments so descended, and quire of the thereupon judgment shall be given, and execution shall lands if found be awarded as aforesaid; but if judgment be given against against him; such heir by confession of the action, without confessing such enquiry the assets descended, or upon demurrer or nihil dicit, it unnecessary shall be for the debt and damages, without any writ to where there is judgment enquire of the lands, tenements or hereditaments so deby confession scended. or nihil dicit. value of the SECT. 6. Provided also, and be it further enacted, That Devisees liaall and every devisee and devisees made liable by this act, ble as heirs, in shall be liable and chargeable in the same manner as the case of alienaheir at law by force of this act notwithstanding the lands, land. tenements and hereditaments to him or them devised, shall be aliened before the action brought. tion of the Process in im CHAP. XL. An act directing the method of proceeding in impeachments. (Passed the 11th of December, 1789.) BE it enacted by the General Assembly, That the propeachments; cess against any person impeached by resolution of the house of delegates, shall be summons, attachment, and distress, bearing teste, the first of them, the day of emanation, and the others the return day of the process preceding, and shall be issued and signed by the clerk of Accused inti- the court from whence such proceess issued: A copy of the articles of impeachment, shall be delivered to the party accused, whensoever he shall require it, and the tled to copy of the articles; The court au thorised to hasten the is court shall from time to time make such rules for compelling him to answer and bringing the matter to issue sue and trial, speedily, as to them shall seem reasonable; and every fact to be tried by so put in issue shall be tried by a jury. facts in issue a jury. Preamble. CHAP. XLI. An act concerning invalid Pensioners. (Passed the 19th of December, 1789.) WHEREAS it is provided by the act intitled, "An act to amend the act concerning pensioners," that the court of the county wherein the pensioner resides, shall compare the certificate upon which the claim is founded, with the list transmitted from the auditors, and finding it to be right, shall order it to be recorded and direct the sheriff to pay the pension. And whereas by an act of Congress, intitled "An act providing for the payment of the invalid pensioners of the United States," it is enacted that the military pensions which have been granted and paid by the states respectively, in pursuance of the acts of the United States in Congress assembled, to the invalids who were wounded and disabled during the late war, shall be continued and paid by the United States, from the fourth day of March in the year one thousand seven hundred and eighty-nine, for the space of one year, under such regulations as the president of the United States may direct. Be it therefore enacted by the General Assembly, That County courts after the passing of this act, the courts of the several not to direct counties shall not direct the sheriffs thereof to pay any of pensions the payment pension coming within the description of the above re- hereafter. cited act of Congress; and to prevent misconstruction,. the executive shall cause to be forwarded to the said courts respectively, a list of such pensions as are provided for by Congress in manner aforesaid, together with the regulations made by the president of the United States in the premises. CHAP. XLII. An act for enforcing the collection and payment (Passed the 19th of December, 1789.) SECT. 1. WHEREAS much delay is occasioned in Preamble. the collection of taxes and other debts due to the Commonwealth, by neglect in levying and returning executions, Be it therefore enacted, That all sheriffs, coroners Penalty on or other persons authorised to levy executions of any kind sheriff's failing on behalf of the Commonwealth, and failing so to do ac- tions for the to levy execucording to law, or withholding any such execution for Commonany longer time than one month after the return day, wealth, or to shall forfeit and pay to the Commonwealth at the rate of fifteen per centum per annum, on the amount of such execution, to be computed from the return-day thereof, until such execution be actually returned. return them; SECT. 2. And any officer as aforesaid, who shall make for making a a false return on any such execution, shall forfeit and false return; pay twenty-five per centum on the amount of such exe cution. SECT. 3. And in case any sheriff, coroner, or other for not paying officer, shall levy on behalf of the Commonwealth any the money le vied; execution, and shall return the same as satisfied, paid, or discharged, or in any other words, form or manner VOL. XIII. H |