sessors to commence taking an account of the ratable property in the several townships, from and after the twentieth day of May, in each year, any thing in the first section of the act to which this is a supplement to the contrary notwithstanding.

3. And be it enacted, That before any constable shall collect any tax by distress and sale of timber, wood, herbage, or other vendible property, according to the thirty-third section of the act to which this is a supplement, it shall be bis duty to put up notices of such sale in five of the most public places in the township where the premises are, at least twenty days previous to such distress and sale.

4. And be it enacted, That it shall and may be lawful for the purchaser or purchasers of any timber, wood, herbage, or other property, so as aforesaid, to enter upon the premises for the purpose of conveying away the property by him purchased, for the space of two months next after the day of sale, and no longer.

5. And be it enacted, That if any person or persons shall enter upon said premises for the purpose of cutting or conveying away any timber, wood, herbage, or other property, after the time allowed in the fourth section of this act shall expire, he or she so offending shall be guilty of trespass, and, on conviction, shall be fined in any sum not less than twenty dollars, or exceeding one hundred, to be prosecuted and recovered by the owner or owners, in any court of competent jurisdiction. A. Passed December 10, 1823.

Names of de fendants residing in one county to be inserted in one

process.

AN ACT to reduce Fees and Costs of Suit, and for other pur

poses.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the names of all defendants in any suit or case, who are resident in the same county where process is to be served by any sheriff, coroner, or other officer, shall be inserted in one process.

2. And be it enacted, That where a bill shall be filed, or any Proceedings on foreclosure mortgage or instrument in the nature thereof, for a foreclosure of a mortgage. or sale of the premises contained in the same or any part thereof, and the complainant or complainants shall deem it expedient to make any person or persons a defendant or defendants therein, other than the mortgagor, his heirs, executors, administrators, or assigns, such complainant or complainants shall, with the subpoena to be issued against such other defendant or de

fendants, cause to be issued a ticket, in writing, shortly making known for what cause he, she, or they are subpoenaed to answer, which ticket shall be, by the officer serving the subpoena, left with the defendant or defendants, at the time of such service, and no charge be made therefor.

3. And be it enacted, That no fees shall be allowed to the clerk in Chancery for attending the court on argument or hearing, with the pleadings or papers in the cause, or reading any pleadings or papers in the same; and that, for commissions for moneys paid in the Court of Chancery or any other court, and lodged with the clerk by order of the court, such clerk shall be allowed, on any amount not exceeding one hundred dollars, one per centum, if over one hundred, and not exceeding one thou sand dollars, one half per cent. on such excess, and if exceeding one thousand dollars, one quarter per cent. on such ex

cess.

4. And be it enacted, That there shall be allowed, in the tax- Fees for deation of cost, for the declaration filed in any cause, the sum of claration and one dollar, fifty cents, and for a copy of the same, seventy-five copy. cents, and no more.

Fees on serv

courts.

5. And be it enacted, That on every subpoena or attachment, or any mesne process issuing out of the Court of Chancery, on ing process in every attachment, summons, capias ad respondendum, eject the different ment, or any mesne process, issuing out of the Supreme Court, or any Court of Common Pleas, and on every citation, attachment, or any mesne process issuing from the Prerogative Court or Orphans' Court of any county, or by the surrogate of any county, the sheriff or other officer serving such process shall, for the first defendant or party on whom such process is served, be allowed the sum of two dollars, and for service on a second defendant named therein, one dollar and fifty cents, and such mileage on such services as is allowed in the "Act to regulate fees," passed thirteenth June, one thousand seven hundred and ninetynine, and for serving such process on any other defendant or defendants therein named, the sum of fifty cents each, and no more; and if a man and his wife be named in such process, they shall be understood as one defendant, and no mileage shall be allowed but on one or two services, as the case may be, as aforesaid.

6. And be it enacted, That on every process of execution, the sheriff shall, for serving the same, and making an inventory and return, be allowed one dollar, and where, on any such execution, a sale is made by such officer, or by a master in Chancery, by authority of the chancellor, such sheriff or master shall be allowed, on the amount of sales, as follows, to wit, on any sum not exceeding one thousand dollars, two per cent. on the amount, and if the amount of sales exceeds one thousand dol

Fees of sheriff

and master in chancery.

Proviso.

Duty of sheriffs, &c. in cases of sales.

Penalty,

Proviso.

Taxation of bills of cost.

Repealing clause.

lars, then one per cent. on such excess: Provided, that in all cases where such execution shall be settled between the parties without actual sale, and such settlement is produced to the offi cer, such officer shall be allowed and paid, on any sum or portion of the debt, not exceeding one thousand dollars, at the rate of one per cent. by the plaintiff; and where, in such case, the debt exceeds one thousand dollars, then one half per cent. on such excess: Provided also, that the plaintiff, on such settlement, shall also pay the execution fees incurred before the settlement.

7. And be it enacted, That in case of a sale on execution, made by a sheriff, under-sheriff, or coroner, he shall, within thirty days thereafter, file .in the clerk's office of the county where such sale was made, a true statement and calculation, in order of time of the execution or executions in his hands, upon which such sale was made, and the amount due thereon, respectively, at the time of such sale, mentioning the time or times of sale, as also the amount of sales, certified under his hand, together with his bill of costs or execution fees, for which service he shall be entitled to one dollar, and on failure thereof he shall be liable to pay to the defendant or defendants whose property was sold, his, or their executors or administrators, the sum of fifty dollars, and to the plaintiff or plaintiffs, on every execution in his hands, or to his or their executors or administrators, the sum of fifty dollars: Provided nevertheless, that such statement, so filed, shall not be conclusive against any person other than such officer: And provided, that if there be more sales than one, such statement shall be made and filed within thirty days after the final sale.

8. And be it enacted, That every judge, clerk, or other person, who by law now is, or hereafter shall be directed or authorized to tax any bill of costs or fees, shall, in such bill, class and set together those which appertain and belong to the courts or justices, or judges, clerk, attorney and counsellor, sheriff, and other person or persons, distributively, by not intermingling the same, as heretofore.

9. And be it enacted, That so much and such parts of any act or acts of the legislature as come within the purview of the several provisions in this act made, and are contrary thereto, be, and the same are hereby repealed.

C. Passed December 12, 1823.

AN additional Supplement to "An act establishing a Militia
System."

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That it shall be lawful for the respective brigade boards, at their discretion, upon application made to them, by any number of uniform companies competent to form a battalion, squadron, or regiment, to set off said uniform companies into an independent battalion, squadron, or regiment, as the case may be.

2. And be it enacted, That it shall be the duty of the respective brigade inspectors, in the annual returns required from them, to make a particular statement of the troops and companies in uniform, their arms and equipments; likewise the arms and equipments, if any, belonging to the state, which may have been loaned to the brigade, or to any troop or companies within the bounds thereof, or that may have been purchased with money arising from fines of exempts, or others, within the respective brigades.

3. And be it enacted, That all fines imposed upon the members of any uniform troop or company, under the provisions of the act to which this is a supplement, be, and they are hereby appropriated to the use of such uniform troop or company, and the battalion paymaster is hereby directed to pay the same, when collected, after deducting therefrom the expenses of the troop or company court, into the hands of the respective commanding officers, for that purpose.

C. & A. Passed December 11, 1823.

A further Supplement to an act, entitled "An act making lands liable to be sold for the payment of debts," passed the eighteenth of February, seventeen hundred and ninety-nine.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That when any Orphans' Court in this state shall order and direct any executor or administrator to sell any lands, tenements, hereditaments, or real estate of any testator or intestate, it shall and may be lawful for the said Orphans' Court, at their discretion, to take of the respective executor or executors, administrator or administrators, applying for such order, sufficient bonds, with two or more able and sufficient sureties, being resi-*

dents in the county, to the ordinary of the state and his successors, in a penalty double the amount of the estimated value of the lands, tenements, hereditaments, or real estate ordered to be sold, with condition in form and manner following, to wit:The condition of this obligation is such, that if the above bound A. B., executor of the last will and testament of C. D., deceas ed, (or administrator of all and singular the goods, chattels, and credits of C. D., deceased, as the case may be) shall well and truly administer the moneys arising from the sale of any lands, tenements, or real estate of the said C. D., directed by the order of the Orphans' Court of the county of M. to be sold according to law; and further do make, or cause to be made, a just and true account of his administration, within twelve months from the date of the above obligation; and the surplus of money which shall be found remaining upon the account of such sale or sales, the same being first examined and allowed of by the judges of the Orphans' Court of the county, or other competent authority, shall distribute and pay unto such person or persons respectively, as is, are, or shall be by law entitled to receive the same; then the above obligation to be void and of none effect, otherwise to be and remain in full force and virtue.

2. And be it enacted, That all bonds given by executors or administrators and their sureties, in pursuance of this act, shall be good, to all intents and purposes, and pleadable in any court of justice; and in case such bonds shall become forfeited, it shall and may be lawful for the ordinary to cause the same to be prosecuted in any court of record, at the request of any party grieved by such forfeiture; and the moneys recovered upon such bond shall be applied towards making good the damages sustained by the not performing the said condition, in such manner as the judge of the Prerogative Court shall, by his sentence or decree, direct; and further, that it shall and may be lawful to and for the judges of the Orphans' Court of the respective counties in this state, after such executors or administrators shall have legally accounted for and touching the sale or sales of the said lands, tenements, hereditaments, and real estate of the person so deceased, to order a just and equal distribution of the surplus, after debts and just expenses of every sort first allowed and deducted, among the heirs or devisees to whom the lands, tenements, hereditaments, and real estate so sold, descended, or were devised according to the law of descents, in the former, and the will of the testator in the latter case, and the same distribution to decree and settle; and the person entitled to such distribution shall have their remedy at law, in case of non-payment, for the recovery of the same against the executor or executors, administrator or administrators so accounting, saving to every one, supposing him, her, or themselves aggrieved, his, her, or their right of appeal.