Pages 147-166
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| Pages 147-166
| Pages 185-205
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| CHAP. XXXVIII. | [Chapter CXXXIII in original.] | ||
|
[Chan. Rev. p. 181.] | ||
| I. WHEREAS the act of general assembly passed in the year of our Lord one thousand seven hundred and seventy*-nine, intituled, "An act to make provision for the support and maintenance of ideots, lunatics, and persons of unsound minds," which hath been continued and amended by several subsequent acts, will expire at the end of the present session of assembly, and it is expedient and necessary to continue and amend the same: Be it therefore enacted, That the said act shall continue and be in force from and after the present session of assembly, for and during the term of ten years, and from thence to the end of the next session of assembly. | * Should be 1769, see vol. 8, p. 378. Act concerning ideots & lunatics further continued. | ||
| II. And whereas great inconveniencies have arisen from the want of proper funds to support the hospital established for the purpose of providing for such unfortunate persons; Be it enacted, That the treasurer for the time being, upon the governor's warrant to the court of directors, is hereby empowered and required to pay annually, out of the treasury, such sum or sums of money as shall be by law appropriated for the repairing the said hospital, the payment of salaries to the keeper and matrons, and also to the nurses, guards, physicians, or surgeons, that may be employed by the said court of directors, and any additional sum not exceeding twenty-five pounds per annum, for the support and maintenance of each person that shall be confined in the said hospital. And the sheriff, or other officer, conveying such unfortunate persons to the said hospital, agreeable to the directions of the said recited act, shall receive from the treasurer such compensation for his trouble and expences, as to the court of directors shall seem reasonable, to be certified by them to the auditors of public accounts, whereupon a warrant shall | Annual appropriation to be paid out of the treasury.
Allowance to sheriff for conveying ideots and lunatics to the hospital. |
| issue to the treasurer for the payment of the same, who is hereby authorized to pay the amount of such warrant to such sheriff, or other officer, out of such money as shall be by law appropriated for that purpose. All and every act or acts, coming within the purview and meaning of this act, shall be, and the same are hereby repealed. | |
 CHAP. XXXIX. An act concerning the appointment of sheriffs. |
[Chapter CXXXIV in original.] Chan. Rev. pa. 181. |
| I. BE it enacted by the General Assembly, That the court of every county within this commonwealth, shall, annually between the last day of March and the last day of May, nominate to the governor, or chief magistrate for the time being, two persons named in the commission of the peace for their county, one of which persons so nominated shall be commissioned by the governor to execute the office of sheriff of that county, and shall qualify to his commission at the court to be held for the county in November, or if no court shall be then held, or he shall be unable to attend, at the next succeeding court. Every person accepting the commission of sheriff, shall, before his being sworn into or executing his office, enter into bond before the justices of his county court, with good and sufficient security, in the sum of ten thousand pounds, for the true and faithful collecting, accounting for, and paying the taxes imposed by law in his county; which bond every county court is hereby empowered and required to demand, take, and cause to be acknowledged before them in open court, and recorded; and an attested copy thereof shall be transmitted by the clerk, to the auditors of public accounts, at the same time that he delivers to the said auditors a copy of the list of the taxable property in his said county, which shall be admitted as evidence in any suit or proceeding founded thereon. Any person recommended as aforesaid, or appointed | Sheriffs, how nominated & commissioned. To give bond. Copy sent to auditors, evidence. |
| sheriff, refusing to accept and execute such commission to him directed, shall forfeit and pay the sum of fifty pounds, for the use of the county where such refusal shall be; to be recovered with costs, by action of debt or information, in any court of record, except as is excepted in the act, intituled, "An act prescribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein." So much of the said recited act as comes within the purview of this act is hereby repealed. | Penalty for refusing office. |
| CHAP. XL. An act to amend the act for calling in and redeeming certain certificates. |
[Chapter CXXXV in original.] |
| I. WHEREAS it is represented to this general assembly, that it will be impracticable for the auditors of public accounts to adjust and settle the claims of all persons against this state, agreeable to the directions of an act, intituled, "An act for auditing certain public claims, so as the public creditors may receive warrants for the same, previous to the time appointed by law for collecting the several taxes imposed by an act, intituled, An act for calling in and redeeming certain certificates." | See May 1782, c. 46, 50. |
| II. Be it therefore enacted, That the collection of the taxes imposed by the said act be postponed until the first day of August next; and that where any sheriff hath not given security for collecting and paying the same, the courts to the several counties shall, in or before the month of May next, take bond and security of the sheriff in the manner by the said act directed; and the said sheriff shall, from and after the said first day of August next, collect, receive, distrain for, and pay the taxes by the said act imposed, in his county, under the like rules, regulations, allowances, and penalties, as are prescribed by the said act. | Collection of taxes postponed. Sheriffs to give bond, where not already done. |
| III. And be it further enacted, That all warrants for specie, and certificates for militia service shall be received in payment of the said taxes in the same manner as warrants issued by the auditors of public accounts by virtue of an act, intituled, "An act for adjusting claims for property impressed or taken for public service. | All specie warrants, & militia certificates receivable in taxes. |
| CHAP. XLI. An act concerning the legion under the command of colonel Dabney. |
[Chapter CXXXVI in original.] |
| I. WHEREAS it is expedient to fill up this state's quota of continental troops as speedily as possible: | |
| II. Be it therefore enacted, That the governor, with the advice of the council, may appoint proper persons to enlist into the continental service, all, or so many of the men composing the legion at present commanded by colonel Dabney, as shall be willing to serve therein for the term of three years, or during the war. Provided always, that nothing herein contained shall be construed to prevent the governor, with advice of council, from ordering such part of the said legion who may be willing to do duty on board of the barges or other armed vessels fitted for the defence of the bay, or if it should be thought necessary, to the defence of the western frontier of this commonwealth. | Continental army may be recruited by enlistments from colonel
Dabney's legion. Executive may order legion to defence of Western frontiers, or on board armed vessels if willing to serve. |
| III. And be it further enacted, That the governor, with the advice of council, is hereby empowered and required, in case the said legion be reduced by enlisting into the continental or other service, to direct the horses of the said legion to be sold, and the money arising therefrom to be paid into the public treasury. | If legion reduced, horses to be sold. |
| CHAP. XLII. | [Chapter CXXXVII in original.] | |
| ||
| I. WHEREAS the permitting any power, other than the general assembly of this commonwealth, to levy duties or taxes upon citizens of this state within the same, is injurious to its sovereignty, may prove destructive of the rights and liberty of the people, and so far as congress might exercise the same is contravening the spirit of the confederation in the eighth article thereof: | Act to enable congress to lay duties on goods & prizes repealed. | |
| II. Be it therefore enacted, That the act, intituled, "An act to enable the congress of the United States to levy a duty on certain goods and merchandizes, and also on all prizes," shall be, and the same is hereby repealed. | ||
| CHAP. XLIII. An act for establishing a town in the county of Bedford. |
[Chapter CXXXVIII in original.] | |
| I. WHEREAS it is represented that William Downing and Joseph Fuqua, have given and conveyed for the use of the county of Bedford, one hundred acres of land, whereon the court-house and other public buildings of the said county are now erecting, and application being made to this assembly for establishing a town thereon: | Town of Liberty, in Bedford county established. | |
| II. Be it therefore enacted, That the said one hundred acres of land be, and the same are hereby, vested in William Meade, William Callaway, William Leftwich, |
| Robert Clarke, James Buford, James Turner, and James Wright, gentlemen, trustees, to be by them, or any four of them, laid out into lots of half an acre each or more, with convenient streets, which shall be, and the same is hereby, established a town by the name of Liberty. That so soon as the said one hundred acres of land shall be so laid out into lots and streets, the said trustees, or any four of them, shall proceed to sell the said lots in such manner as they shall think best. The purchasers to hold the said lots respectively, subject to the condition of building thereon, in such manner, and in such time, as the said trustees, or a majority of them, shall think best, and to convey the said lots to the purchasers in fee, subject as aforesaid, and to pay the money arising from such sales to the court of the said county, to be by them applied towards lessening the county levy. Provided always, That two acres whereon the court-house and other public buildings are erecting, shall be, and they are hereby, reserved for the public use of the county. The said trustees, or a majority of them, shall have power to settle and determine all disputes concerning the bounds of the said lots, and to settle such rules and orders for the regular building of houses thereon as to them shall seem best and most convenient. And in case of the death, removal out of the county, or other legal disability, of any one of the said trustees, it shall be lawful for the other trustees to elect and choose so many other persons, in the room of those dead, removed, or disabled, as shall make up the number; which trustees so elected, shall be vested with the same power and authority as those particularly named in this act. | Lots, how disposed of. Conditions of building. Two acres reserved for public buildings. Powers of trustees. Vacancies, how supplied. |
| III. And be it further enacted, That the purchasers of lots in the said town, so soon as they shall have saved the same, according to the conditions of their respective deeds of conveyance, shall be entitled to, and enjoy all the rights, privileges, and immunities, which the freeholders and inhabitants of other towns in this state, not incorporated by charter, hold and enjoy. If the purchaser of any lot shall fail to build thereon within the time limited in his deed of conveyance, the said trustees, or a major part of them, may thereupon enter into such lot and may sell the same again, and apply the money in any way for the benefit of the said town. |
| CHAP. XLIV. | [Chapter CXXXIX in original.] | |
| ||
| I. WHEREAS experience hath proved the great utility of cavalry in this state, as well to controul the operations of the enemy, as to give extent and efficacy to those of our own troops: | ||
| II. Be it enacted by the General Assembly, That every sixteenth man of the militia shall be formed into a body of cavalry, and armed in manner hereafter directed, that is to say, the lieutenant or commanding officer of the militia in every county, shall call a general muster in the month of March next, and shall propose to the militia of his county, that such as incline to act as horsemen, shall, within ten days after such muster, give in their names to such lieutenant or commanding officer. Each horseman so entering voluntarily shall provide a sufficient horse, not less than fourteen hands high, and a good saddle and bridle, and shall be furnished by the state with a proper horseman's sword and cap, one pistol, and a pair of holsters. | Cavalry, in the militia, how organized and armed. | |
| III. And be it enacted, That the field officers of each battalion, with the approbation of the lieutenant or commanding officer of the county, shall nominate proper persons to command the cavalry to be embodied by virtue of this act, who shall be commissioned by the governor. The officers so appointed shall call the said horsemen once in every month, to some convenient place in each county, for the purpose of training and disciplining. The said cavalry shall be exempt from attendance in all other private musters, and shall be entitled to the same pay, rations, and forage, when in actual service, as cavalry in the continental army. And in case their horses, saddles or bridles, shall be taken by the enemy, lost or destroyed, without the neglect or default of such horsemen, when in actual service, the same shall be paid for by the public; which horses, saddles and bridles, the county lieutenants or commanding officers, shall have valued by three freeholders, | Officers of cavalry, how appointed. Cavalrry, How trained. Exempted from duty in main body of militia. Pay. Horses, &c. lost, paid for by public. |
| before they enter on actual duty, and return the valuation to the executive. | |
| IV. And be it further enacted, That the governor shall cause to be delivered to the lieutenants or commanding officers of the militia of such counties as are most exposed to the incursions of the enemy, and to the officers of militia of the city of Williamsburg, and borough of Norfolk, such a number of arms as he may think necessary, not less than sufficient to arm three tenths of their militia, for which such lieutenants or commanding officers shall give their receipts, and shall deliver the same to such of the militia as are first to be called on duty, taking their receipts for the same; who, on having served their tour of duty, shall return their arms, in good order, to the lieutenant or commanding officer, to be delivered in like manner to such of the militia as stand next in rotation. | Militia, in counties most exposed, and in
Williamsburg & Norfolk, how armed. Arms, how disposed of. |
| V. And be it further enacted, That the penalties and forfeitures for every neglect of duty in any officer of the militia, or militia-man, whether of the cavalry or infantry, shall be the same, and recovered in the same manner, and appropriated as is directed and prescribed by an act passed in the year one thousand seven hundred and seventy-seven, intituled, "An act for regulating and disciplining the militia." Provided always, That all officers and militia-men shall be subject to the continental articles of war, in the same manner as they were under an act passed in one thousand seven hundred and eighty-one, intituled, "An act to amend an act for regulating and disciplining the militia, and for other purposes," any thing in this act to the contrary notwithstanding. | Fines, for delinquencies. |
| VI. And be it further enacted, That every militia-man to whom arms shall be delivered as aforesaid, who shall neglect or refuse to return the same in manner by this act directed, shall forfeit and pay the sum of twelve pounds; and on failing so to do, or giving security to pay the same in two months, every such militia-man shall be obliged to serve in the continental army the term of three years or during the war. The forfeitures so recovered and received, shall be paid in the month of November annually, into the public treasury by the officer receiving the same. | Fines, for failing to return arms. |
| VII. And be it further enacted, That where any quaker or menonist shall be subjected to a tour of duty in consequence of the militia or invasion law, such quaker or menonist shall not be compelled to perform such duty, but the county lieutenant or commanding officer of the militia, shall appoint some proper person to procure a substitute upon the best terms possible, who shall make return to the lieutenant or commanding officer aforesaid, of the name of such substitute, and the consideration agreed to pay him; whereupon the lieutenant or commanding officer, shall issue his warrant to the sheriff or collector of the tax of his county; which shall in the first instance be against the estate of each quaker or menonist so draughted for the amount of the substitute money agreed for, in behalf of each of them, to be levied on their lands, goods, and chattels respectively, in the same manner as if by law directed for collecting a permanent revenue; and is [if] any of the said quakers or menonists so draughted; shall not have sufficient property on which a levy can be made, then the whole or part of such substitute money, shall be levied on the whole property of all the quakers and menonists in the said county, that are subject to the militia service, each to pay in proportion to his taxable property. | Quaker or menonist drafted, not compelled to perform duty; but a substitute provided, at his expence; if unable to pay, the price te be levied on the whole of the society. |
| VIII. And whereas, many delinquents of the militia have been heretofore condemned by the courts-martial under the laws in force to serve in the continental army; but as the periods of such service do not extend to the term of three years, and under the late regulations of the continental army no persons are admitted therein who are engaged for a less time; | Delinquents of militia condemned for not serving in continental army, to serve in next requisition of militia. |
| IX. Be it therefore enacted, That the different county lieutenants direct their captains to make return of all such delinquents so condemned, who shall in the first requisition for militia to the county, be ordered forth to serve the term for which they have been respectively condemned, and so serving faithfully, they shall be exonerated from the punishments to which they are now subjected as deserters, and failing herein, are declared regular soldiers for the term of twelve months, to serve on board the armed vessels for the defence of Chesapeake bay. | On serving exonerated from penalties of desertion; other wise declared regular soldiers, to serve on board armed vessels. |
| CHAP. XLV. | Chap. CXL in original. | ||
|
[Chan. Rev. pa. 182.] See Nov 1712, ch. 23; May 1712, ch. 44. Nov 1781 & May 1782 | ||
| I. WHEREAS from an act intituled "An act to repeal so much of a former act as suspends the issuing executions upon certain judgments until December one thousand seven hundred and eighty three," sundry great and ruinous inconveniences and hardships will result to the good people of this commonwealth, unless a speedy remedy be applied: Be it enacted by the General Assembly, That no debt or demand whatsoever contracted with, or due to any British subject, or contracted with or due to any other person, for the use of, or in concern with, any British subject, and still remaining unpaid, shall be recoverable in any court of record within this commonwealth, notwithstanding the same may have been renewed, changed, altered, or acknowledged to any agent, partner, or assignee of such British subject, or to any other person whatsoever, either for their own use or benefit, or for the use or benefit of such British subject, since the nineteenth day of April, in the year one thousand seven hundred and seventy-five, any law to the contrary notwithstanding. | British debts not recoverable, altho' assigned, renewed or altered. | ||
| II. And whereas from the commencement of hostilities by the British against these United States, and the subsequent proceedings of the general convention and general assembly, there is reason to believe that much fraud has been used to secure the debts due to British subjects, their agents or factors within this commonwealth, by pretended sales, exchanges or assignments (to the citizens thereof, or other persons qualified to maintain snits for the recovery of such debts) bearing date prior to the nineteenth day of April one thousand seven hundred and seventy five, thereby interesting a part of the citizens in supporting British interest and connection, to the injury of another part, and to the disturbance of the peace and harmony | How frauds, in assignments of British debts detected. |
| of the commonwealth: Be it therefore enacted, That where any debt or demand whatsoever originally due to a British subject, his or her agent or factor, shall have been transferred by assignment or otherwise, to any citizen of this commonwealth, or to any other person capable of maintaining a suit for the recovery of the same, before the said nineteenth day of April in the year one thousand seven hundred and seventy five, such debt or demand shall not be recoverable in any court of record within this commonwealth, unless it shall appear on the trial of any suit or suits for the recovery thereof, that the same was transferred or assigned for the full value thereof bona fide paid at the time of such assignment or transfer before the said nineteenth day of April one thousand seven hundred and seventy five, the proof of the said consideration paid, the time of assignment or transfer, and the notice thereof given as aforesaid, to be on the person or persons claiming such debt or demand. | |
| III. And be it further enacted, That where it shall appear on the trial of any suit for the recovery of any such debt originally due to a British subject, that the person or persons so claiming the same, or any other person for them, hath been privy to any fraud or collusion in procuring or accepting any assignment or transfer of such debt, judgment shall be given for treble costs to the defendant: Provided always, That nothing herein contained shall be construed to prevent any citizen of this commonwealth who has been in copartnership with any British subject or subjects, and who was resident therein before the said nineteenth day of April one thousand seven hundred and seventy five, continued so since that time, and given assurance of fidelity as the law requires, from prosecuting by attachment in the high court of chancery, or any county court in chancery, and recovering the just sum or balance which may be due to him for his share or proportion which may be due to him for his share or proportion of the debts or effects of such copartnership. | Treble costs to defendant on proof of fraud. Citizens partners with British creditors, may proceed by attachment. |
| IV. And be it further enacted, That no such citizen who has been in partnership as aforesaid, shall be compelled to pay the debts due from such copartners to any person whatsoever, unless it shall appear that | How far such citizens partness exempted from debts of copartnery. |
| he has refused to discover other debts or effects whereof the claim of such citizen could be made. | |
| V. And whereas the afore recited act substitutes merchantable inspected crop tobacco, hemp, and flour, in lieu of money to discharge executions to be issued on certain judgments, but from the want of a sufficiency of specie and the great scarcity of those commutable articles, arising from the late general and deplorable drought, the ease and benefit intended by the legislature from the said act, will not be derived to the citizens of this commonwealth, and it is reasonable that other commutables be substituted in addition to those named in the said recited act: Be it therefore enacted, That whenever judgments have been or shall be obtained, or scire facias sued out to revive a judgment for any sum or sums of money exceeding one hundred pounds current money, it shall and may be lawful for the debtor, or his attorney, to tender to the creditor, or his attorney, lands in discharge of the said judgment, and submit his title papers to the opinion of the court, and the said title being approved, execution may be then awarded; provided that the creditor shall appoint one freeholder, and the debtor another, convenient to the land; and on the refusal of the debtor or his attorney, so to do, execution shall issue without such appointment. And whenever executions shall issue in manner and from aforesaid, the freeholders so elected, shall within twenty days after notice given, under penalty of one hundred pounds each, to be recovered at the suit of the creditor, proceed on oath, which oath may be administered by any magistrate in the county where the lands lie, to value the lands so tendered as the same would sell for in specie for ready money, according to the best of their judgments; and whenever it shall so happen that the two so elected shall disagree, then they are directed to appoint one other freeholder, who, on oath, first to be administered as aforesaid, shall affix the valuation to which-ever of the two valuations he shall think most just and reasonable. −− Provided always, That no debtor shall be admitted to tender any lands without discovering first, on oath, whether there are any prior mortgages or incumbrances thereon within his knowledge, and that the said lands be in one entire tract, or part of a larger tract, in convenient form, and situated within one hundred | Lands may be tendered on judgments. How executions therefor may issue. Proceedings on such executions. |
| miles of the ususal place of residence of the creditor; and where the creditor is not resident within this state, then within one hundred miles of the usual place of residence of the debtor. And that good and sufficient deeds for the same be made, executed and delivered, before the debtor shall be discharged from the execution, and then the creditor shall receive the same according to the valuation aforesaid, in discharge to the execution, or so much thereof as the said valuation may amount to. Provided also, That where lands shall be so tendered, and executions issue as aforesaid, then the debtor, on finding good and sufficient security for the doing and performing all things required by this act, may be discharged from close custody. | |
| VI. And be it further enacted, That whenever judgment shall be obtained, or scire facias to renew judgment for any sum exceeding twenty pounds current money sued out, it shall and may be lawful to discharge the same in negroes, to be tendered and valued in manner directed for the tendering and valuation of lands. Provided always, That whenever it shall so happen that the title to lands or negroes shall afterwards be evicted not to have been in the debtor at the time of payment to the creditor; in all such cases, it shall and may be lawful for the creditor to sue out new execution on his former judgment, and moreover shall have his action of damages against such debtor, for all damages and costs of suits which he has incurred in defending the title. | Slaves may be tendered on judgments above 20l.
New execution, if creditor evicted of lands or slaves. |
| VII. And whereas by the afore recited act, no executions are permitted to be issued until the first of March one thousand seven hundred and eighty three, and from the construction thereof many frauds have and may arise: In remedy whereof, Be it enacted, That whenever any person confesses judgment in custody, where no special bail has been given, or where such person or persons have been delivered up by his or their special bail, in discharge of his or their recognizance, in all such cases it shall and may be lawful for the plaintiff to pray the defendant in execution; any thing in the said law to the contrary notwithstanding; and then and thereafter the same process may be had in such cases as has ben heretofore in use within the limits of this commonwealth. Provided always, That any thing herein contained, shall not be construed to | Debtor may be committed on confessing judgment in custody or being surrendered. |
| extend to any contract specifying in what manner the same shall be paid, unless the said contract specifies payment to be made in coin, which has been heretofore in use in this country, nor to any contract whatsoever, made or entered into since the first day of January, one thousand seven hundred and eighty-two, for all which debts or contracts, judgment may be obtained, execution issue, to be discharged in manner specified by the said contract, and no commutable article whatever be admitted to pay the same. And all and every thing in the said act or any other act whatsoever, not compatible with the above and every part thereof, is, and the same is hereby declared to be repealed. Provided always, That nothing in this or any other act (except for British debts as aforesaid) shall prevent the recovering by executions, debts under five pounds, but that the same shall be prosecuted in like manner as if this or any other act to the contrary thereof, had never been made. | Contracts, what kind excepted. Debts under 5l. excepted |
| VIII. And whereas the settlers on lands surveyed for sundry companies, which settlers, by an act intituled "An act concerning the titles of settlers on lands surveyed for sundry companies," passed this present session of assembly, are to have the time prolonged for the term of twelve months to pay the principal and interest of the purchase money for their lands to the said grantees or agents; and it is just and reasonable that the said settlers should be benefitted in the same manner as other debtors are: Be it enacted, That the said settlers shall and may discharge the said principal and interest, in the commutables mentioned in this act, without any judgment or execution issuing at or before the end of the term limited for the said lands to revert to the grantees. Provided nevertheless, That this act shall continue and be in force from and after the passing thereof, until the first day of December one thousand seven hundred and eighty three. | Land purchasers of sundry companies, included in this act.
Continuance of act. |
| CHAP. XLVI. | [Chap. CXLI in original.] | |
| ||
| I. WHEREAS no provision is made by law for the pay of the militia heretofore called into service, except such militia shall have marched out of the state, or joined the army acting within this state: For remedy whereof, Be it enacted, That all militia called into service since the first day of January, one thousand seven hundred and eighty, or who shall hereafter be called into service, whose rolls have not already been settled, shall receive the same pay and rations as the officers and soldiers of the continental army; and the auditors of public accounts are hereby directed to grant printed certificates for the same. Provided nevertheless, That no militia officer or soldier shall be entitled to receive pay as aforesaid, except such officer or soldier shall have been on duty ten days. | Pay of militia called into service, the same as continental
army. None for less than ten days service. | |
| II. And whereas the allowance to scouts employed for discovering the approach of Indian or any other enemy on the frontiers is inadequate to their fatigue and trouble: Be it enacted, That every scout who shall hereafter be employed, as by law directed, shall be entitled to receive for every day he shall be so employed, the sum of five shillings per day, to be audited and paid in the same manner as the militia in this act is directed to be paid. | Pay of scouts. |
188 <== [typo, should read 182.]
| CHAP. XLVII. | [Chapter CXLII in original.] | ||
|
[Chan. Rev. p. 183.] | ||
| I. BE it enacted by the General Assembly, That all duties and customs which now, or shall hereafter accrue due to this commonwealth, upon ships, vessels, goods, wares, and merchandizes, or any other articles whatsoever, by virtue of any law of this commonwealth, may and shall be paid to the naval officer of the district where such duty or custom is directed to be paid. And the respective naval officers are hereby required to collect, account for, and pay into the public treasury, the amount of all such duties or customs, according to the several acts imposing the same, and under the pains and penalties therein contained. | Naval officers to be collectors of duties on ships, &c. | ||
| CHAP. XLVIII. |
Ch. [CXLIII in original.] | ||
|
[Chan. Rev. p. 183.] See vol. 5, p. 326; also this session, ch. 36. | ||
| I. WHEREAS the act of assembly passed in the year of our Lord, one thousand seven hundred and forty-five, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," hath expired, & it is expedient & necessary that the same should be revived & amended: Be it therefore enacted, That the act intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," be revived and shall continue and be in force from and after the passing of this act, for and during the term of two | Act of 1745, concerning officers fees revived. |
| years, and from thence to the end of the next session of assembly and no longer. | |
| II. And be it further enacted, That all persons who now are, or shall hereafter become chargeable with, any tobacco fees for services mentioned in the said recited act, shall discharge the same in manner directed by the act of assembly passed in the year the year one thousand seven hundred and eighty-one, intituled, "An act for regulating tobacco fees and fixing the allowance to sheriffs, witnesses and venire-men." | How tobacco fees paid in money. See October 1781, ch. 31. |
| III. And whereas the act of assembly passed in the year one thousand seven hundred and sixty-one, intituled, "An act for regulating the practice of attornies," hath expired, and it is necessary the same should be revived; Be it therefore enacted by the General Assembly, That the act intituled "An act for regulating the practice of attornies," shall be, and the same is hereby revived. | Attornies act revived See 1761, ch. 3. |
| CHAP. XLIX. An act to amend the act, intituled, An act for adjusting certain public claims. |
[Chapter CXLIV in original.] |
| I. BE it enacted by the General Assembly, That the auditors of public accounts, shall, and they are hereby empowered and required, to make such allowances for covering or stud horses, and also for geldings and mares, which have been impressed or taken for public use, as to them, having regard to the descriptions certified by the county courts, shall appear just and right, so as the allowance for a covering or stud horse do not exceed one hundred and fifty pounds, nor for a gelding or mare for cavalry one hundred pounds, nor for a waggon horse forty pounds, and to issue warrants accordingly. That wherever the book of claims from the respective counties and the vouchers or certificates shall disagree as to the quantity of any article, the auditors shall be governed by the vouchers or certificates | Power of auditors in adjusting claims for property impressed. |
| And whereas there may be many claims for property impressed or taken, which have not hitherto been adjusted and allowed by the county courts, | |
| II. Be it enacted, That the said courts may, and they hereby are required to receive and adjust all such as may be presented before the first day of June next, and certify the same, and return the vouchers to the next session of assembly. And whereas certificates were receivable in taxes for the years one thousand seven hundred and eighty, and one thousand seven hundred and eighty-one, which cannot now be audited; and it is just that the sheriffs or collectors indebted to the public for balance of taxes in the said years should be allowed to pay the said certificates in discharge of the said taxes: | County courts allowed further time to receive further claims. |
| III. Be it therefore enacted, That the several sheriffs and collectors indebted for public taxes in the said years, are hereby authorized to pay certificates for articles impressed or taken for public use, and the auditors shall allow the same in discharge of such taxes. | Sheriffs allowed to pay taxes in certificates. |
| IV. And be it further enacted, That the auditors of public accounts, shall, upon application for that purpose, re-audit warrants issued by them for paper money on account of articles impressed or furnished for public use, and grant other warrants in specie, according to the depreciation at the time such articles were impressed or furnished. | Warrants, in paper money for property impressed, may be re-audited, in specie. |
| V. And be it further enacted, That the auditors of public accounts be, and they are hereby empowered and directed to employ so many temporary clerks (not exceeding two) as they shall judge necessary for the completion of the business in that office; provided that such appointments do not extend beyond the end of the next session of assembly. |
| Pages 147-166
| Pages 185-205
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