Yo Defendant be sued as and deviser, and plead Nul per descens only, as replader will be awarded, the a verdict lu in his favour. because the right as to the davise, is left undetermined. 1. Cail. Baird vs. Mattox. 267. 24: against Beale. See, also, 3 Black : 17. – Quire whether this act applies to orders of reper during the progress of Quils. Mitchell vs. Kelly 1. made in causer contract or agreement in writing, bona fide made before fuch marriage, the fame and every of them fhall be in full force; and the fame Mefluages, Lands, Tenements and Hereditaments, fhall and may be holden and enjoyed by every fuch person or perfons, his, her, and their Heirs, Executors, Adminiftrators, and Affigns, for whom the faid limitation, appointment, devife or difpofition was made, and by his, her, and their Truftce or Trustees, his, her, and their Heirs, Executors, Adminiftrators, and Affigns, for fuch eftate or intereft as fhall be fo limited or appointed, deviled or difpofed, until fuch debt or debts, portion or portions, shall be raised, paid and fatisfied; any thing in this Act contained to the contrary notwithstanding. V. AND whereas feveral perfons being Heirs at Law, to avoid the payment of such just debts, as in regard of the Lands, Tenements, and Heredita. ments, defcending to them, they have by law been liable to pay, have fold, aliened, or made over fuch Lands, Tenements, or Hereditaments, before any procefs was or could be iffued out against them: fcended. VI. BE it further enacted, That in all cafes where any Heir at Law fhall be In what manner an heir liable to pay the debt of his Ancestor in regard of any Lands, Tenements, or is answerable where he Hereditaments, defcending to him, and thall fell, aliene or make over the fame, alienes the lands debefore any action brought, or procefs fued out against him, fuch Heir at Law fhall be anfwerable for fuch debt or debts, in an action or actions of debt, to the value of the faid Land fo by him fold, aliened, or made over; in which cafes all Creditors fhall be preferred, as in actions against Executors and Adminiftrators, and fuch Execution fhall be taken out upon any judgment or judgments fo obtained against fuch Heir, to the value of the faid Land, as if the fame were his own proper debt or debts, faving that the Lands, Tenements, and Hereditaments, bona fide aliened before the action brought, fhall not be liable to fuch Execution. VII. PROVIDED always, and be it further enacted, That where any ac- Heir may plead riens tion of debt upon any fpecialty is brought against any Heir, he may plead per difcent. riens per difcent 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 fuch action may reply that he had Lands, Tenements, or Hereditaments from his Ancestor before the original writ brought, or bill filed; and if Jury to enquire of the upon iffue joined thereupon, it be found for the Plaintiff, the Jury fhall enquire value of the lands if of the value of the Lands, Tenements or Hereditaments fo defcended, and found against him ; such enquiry unneceffary thereupon Judgment fhall be given, and Execution fhall be awarded as afore- where there is judg faid; but if Judgment be given against fuch Heir by confeffion of the action, ment by confeflion, or without confeffing the affets defcended, or upon demurrer or nihil dicit, it shall nihil dicit. be for the debt and damages, without any writ to enquire of the Lands, Tenements, or Hereditaments, fo defcended. the land. VIII. PROVIDED alfo, and be it further enacted, That all and every de- Devifees liable as heirs, visee and devisees made liable by this Act, fhall be liable and chargeable in the in cafe of alienation of fame manner as the Heir at Law by force of this Act, notwithstanding the Lands, Tenements and Hereditaments to him or them devifed, fhall be aliened before the action brought. I. CHAP. LII. An Act concerning Awards. [Paffed the 17th of December, 1789.1] Brand hath and Traders, and others defiring to end any contro- A fubmiffion to arbi E it enacted by the General Assembly, That it fhall and may be lawful verfy, fuit or quarrel, for which there is no other remedy but by perfonal action rule of any Court of or fuit in equity, by arbitration, to agree, that their fubmiffion of the fuit to the Record. award or umpirage of any perfon or perfons fhould be made a rule of any Court. of Record which the parties fhall choose, and to infert fuch their agreement in their fubmiffion or the condition of the bond or promife, whereby they oblige themselves, respectively, to fubmit to the award or umpirage of any perfon or perfons; which agreement being fo made and inferted in their fubmifion or promife, or condition of their respective bonds, fhall or may, upon producing an affidavit thereof made by the witneffes thereunto, or any one of them, in the 11789, cb. 45. Awards to be entered as the judgment of fuch court, and execution if fied thereon. For what condu& af the arbitrators or umpire, fuch award may be fet afide. Court of which the fame is agreed to be made a rule, and reading and filing he faid affidavit in Court, be entered in the proceedings of fuch Court, and a rule fhall be made thereupon by the faid Court, that the parties fhall fubmit to and finally be concluded by the arbitration or umpirage, which fhall be made concerning them by the arbitration or umpire purfuant to fuch fubmiffion. II. AND the award made in purfuance of fuch fubmiffion may be entered up as the judgment or decree of the Court, and the fame execution or procefs may iffue thereupon as on other judgments or decrees, and the Court fhall not invalidate fuch award, arbitrament, or umpirage, unless it be made appear to fuch Court, that fuch award, arbitrament, or umpirage was procured by corruption or other undue means, or that there was evident partiality or misbehaviour in the arbitrators or umpires, or any of them. And any award, arbitrament, or umpirage procured by corruption or other undue means, or where there fhall have been fuch evident partiality or misbehaviour as aforefaid, fhall be deemed and judged void and of none effect, and accordingly fet afide by the Court in which the fubmiffion fhall be made, fo as complaint of fuch corruption When complaint muft or undue means, or evident partiality or misbehaviour as aforefaid, be made before the end of the fecond Court of quarter Seffions in the cafe of a County Court, or at the end of the fecond term of any other Court next after fuch award, arbitrament, or umpirage be made and returned to fuch Court.. be made thereof, III. PROVIDED nevertheless, That nothing herein contained, fhall be conftrued to take away from Courts of Equity their power over awards, arbitraments, or umpirages. CHAP. LIII. An Act concerning the Erection of the District of Kentucky into an Independent Preamble. I. W State [Paffed the 18th of December, 1789.+] HEREAS it is reprefented to this prefent General Affembly, that the Act of laft Seffion, intituled, "An Act concerning the Erection of the District of Kentucky into an Independent State," which contains terms materially different from thofe of the A&t of October Seffion, one thousand seven hundred and eighty-five, are found incompatible with the real views of this Commonwealth, as well as injurious to the good people of the faid Diftrict: Reprefentatives to comBE it enacted by the General Assembly, That in the month of May next, on pofe a convention, to be the refpective Court days of the Counties within the faid Diftrict, and at the elected in the Kentuc- refpective places of holding Courts therein, Representatives to continue in apky diftrict. pointment for one year, and to compofe a Convention with the Powers, and for the purposes herein after mentioned, shall be elected by the free male inhabitants of each County above the age of twenty-one years, in like manner as Delegates to the General Affembly have been elected within faid Diftrict, in the proportions following: In the County of Jefferfon fhall be elected five Reprefentatives; in the County of Nelfon five Reprefentatives; in the County of Mercer five Reprefentatives; in the County of Lincoln five Reprefentatives; in the County of Madifon five Representatives; in the County of Fayette five Representatives; in the County of Woodford five Representatives; in the County of Bourbon five Reprefentatives, and in the County of Mafon five Representatives: Provided, that no free male inhabitant above the age of twenty-one years fhall vote in any Qualification of the re. other County, except that in which he refides, and that no perfon fhall be capapresentatives, ble of being elected, unless he has been a refident within the faid District at leaft Qualification of the elcctors. Elections to be continu ed for five days. Duty of the fheriff's conducting them. Penalty on them for one year. II. THAT full opportunity may be given to the good people of exercifing their right of fuffrage on an occafion fo interefting to them, each of the Officers holding fuch Elections, fhall continue the fame from day to day, paffing over Sunday, for five days including the first day, and shall caufe this A&t to be read on each day immediately preceding the opening of the Election, at the door of the Court-house, or other convenient place. Each of the faid Officers fhall deliver to each perfon duly elected a Representative, a certificate of his Election, and fhall tranfmit a general return to the Clerk of the Supreme Court, to be by him laid before the Convention. III. FOR every neglect of any of the duties hereby enjoined on such Offi• + 1789, ch. 14. |