Pages 231-255
|  Pages 278-298
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| Pages 231-255
| Pages 278-298
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| CHAP. VIII. | ||
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| I. WHEREAS the commissioners who assembled at Annapolis, on the fourteenth day of September last, for the purpose of devising and reporting the means of enabling congress to provide effectually for the commercial interests of the United States, have represented the necessity of extending the revision of the federal system to all its defects; and have recommended that deputies for that purpose be appointed by the several legislatures, to meet in convention in the city of Philadelphia, on the second day of May next; a provision which seems preferable to a discussion of the subject in congress, where it might be too much interrupted by the ordinary business before them, and where it would besides be deprived of the valuable counsels of sundry individuals, who are disqualified by the constitution or laws of particular states, or restrained by peculiar circumstances from a seat in that assembly: And whereas the general assembly of this commonwealth, taking into view the actual situation of the confederacy, as well as reflecting on the alarming representations made from time to time by the United States in congress, particularly in their act of the fifteenth day of February last, can no longer doubt that the crisis is arrived at which the good people of America are to decide the solemn question, whether they will by wise and magnanimous efforts reap the just fruits of that independence, which they have so gloriously acquired, and of that union which they have cemented with so much of their common blood; or whether by giving way to unmanly jealousies and prejudicies, or to partial and transitory interests, they will renounce the auspicious blessing prepared for them by the revolution, and furnish to its enemies an | Deputies appointed to convention, for revising the federal constitution. |
| eventual triumph over those by whose virtue and valour it has been accomplished: and whereas the same noble and extended policy, and the same fraternal and affectionate sentiments, which originally determined the citizens af this commonwealth to unite with their brethren of the other states in establishing a federal government, cannot but be felt with equal force now, as motives to lay aside every inferior consideration, and to concur in such further concessions and provisions, as may be necessary to secure the great objects for which that government was instituted, and to render the United States as happy in peace, as they have been glorious in war: | |
| II. Be it therefore enacted by the General Assembly of the Commonwealth of Virginia, That seven commissioners be appointed by joint ballot of both houses of assembly, who, or any three of them, are hereby authorized as deputies from this commonwealth, to meet such deputies as may be appointed and authorised by other states, to assemble in convention at Philadelphia, as above recommended, and to join with them in devising and discussing all such alterations and further provisions, as may be necessary to render the federal constitution adequate to the exigencies of the union; and in reporting such an act for that purpose, to the United States in congress, as, when agreed to by them, and duly confirmed by the several states, will effectually provide for the same. | |
| III. And be it further enacted, That in case of the death of any of the said deputies, or of their declining their appointments, the executive are hereby authorised to supply such vacancies. And the governor is requested to transmit forwith a copy of this act to the United States in congress, and to the executives of each of the states in the union. |
| CHAP. IX. | ||
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| I. WHEREAS it is represented to the present general assembly, that it will be a great relief to the citizens of this commonwealth to enable them to discharge the taxes now due for the year one thousand seven hundred and eighty-six, under the act, intituled "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," with notes for inspected tobacco; and that this ease to the people may be given without lessening the public revenue, by fixing an equitable price on the tobacco to be received, having due regard to the selling price of that commodity at each of the warehouses within this state: | Preamble. | |
| II. Be it therefore enacted by the General Assembly, That it shall and may be lawful for any person chargeable with any part of the taxes aforesaid, to discharge the same in inspectors receipts or notes for good merchantable crop tobacco, not less than nine hundred and fifty pounds nett weight, and not inspected more than one year when offered in payment, at the rates hereafter mentioned: At Page's in Hanover town, Byrd's, Shockoe, Rocketts, Rocky Ridge, Manchester, and Warwick, on James river, at twenty-eight shillings per hundred: At Osborne's, on James river; at all the warehouses in and about Petersburg, on Appomattox; at all the warehouses on York river and Mattapony, from Newcastle to Poropotank, inclusive; at all the warehouses from Falmouth to Roy's, and Gibson's, on Rappahannock, inclusive; and at all the warehouses from the Falls of Potowmack to Aquia, inclusive, at twenty-six shillings per hundred: And at all the warehouses on the different rivers, creeks, or bays within this commonwealth, not herein enumerated, at twenty-four shillings per hundred; except the warehouses hereafter mentioned, at which tobacco shall be received at the following rates, to wit, Rivanna, at twenty-two shillings per hundred; Lynch's at twenty | Tobacco receivable in taxes; at what rates; how collected and accounted for. |
| shillings per hundred; Crow's ferry, and Cresap's, at eighteen shillings per hundred; or in transfer receipts or notes for tobacco at the rate of one hundred and ten pounds for one hundred pounds of crop tobacco, at any public inspection within this commonwealth. | |
| III. And be it further enacted, That all tobaccoes which may be received under this act, at any of the warehouses within the district, commonly called and known by the name of the Kentucky district (which tobacco shall be rated at twenty shillings per hundred) shall be paid to the judges of the superior court of that district, to be by them applied in the first place, to the discharge of the expences of government incurred within that district, and the surplus, if any, to be by the said judges paid into the public treasury. And that the most effectual measures may be adopted for enforcing the collection of the taxes within the limits of the said district, | |
| IV, Be it enacted, That when any collector shall have failed to account with the said court, within the time prescribed by law, for the payment of taxes into the public treasury, that then the said court shall be authorised to grant judgment, upon motion of the attorney general of the district, and issue execution against such collector and his securities, provided they shall have ten days previous notice thereof. | |
| V. And be it further enacted, That the sheriffs and collectors of this commonwealth, except the sheriffs and collectors of the district of Kentucky, shall give a receipt to each person from whom they collect the taxes, specifying in what the said taxes were paid; and shall make monthly returns, on oath, to the courts of their respective counties, of their collection, inserting in distinct columns of whom received, the amounts of the several articles paid, viz: specie, facilities, warrants, crop and transfer tobacco, with the marks, numbers, weights and warehouses, and shall also at the same time of making such return, make oath that he hath not directly or indirectly, sold, bartered, or exchanged, any article to or with the person or persons from whom he has collected taxes, except what was necessarily given in change. And in case any sheriff or collector shall fail making such return, the said sheriff or collector so failing, shall forfeit for every failure, the sum of fifty pounds, to be recovered by motion, | Sheriffs to make monthly returns of collections of taxes, whether specie, facilities, or tobaccco. |
| on ten days previous notice being given, which the attorney for the commonwealth in the county where the failure shall be, is hereby required to make and prosecute, and the money so recovered shall be collected and transmitted by the coroner of the county, to the treasury, to be applied to the public purposes; and any sheriff being convicted of making a false return to the county court, shall be liable to the same penalty, and shall moreover be forever thereafter disqualified from holding the office of sheriff or collector in this commonwealth. | |
| VI. And be it further enacted, That the clerks of the several courts are hereby enjoined to fix up fair copies of the sheriffs or collectors monthly returns, in some conspicuous part of their respective court-houses, for public inspection, on the next court day after such returns are made; they shall also file a copy thereof, and deliver another attested fair copy to the sheriff or collector, without which being first produced to the auditor of public accounts, no sheriff or collector, or any person for him or them, shall be permitted to make any payment on account of his collection into the treasury. Any clerk neglecting to perform any of the duties hereby required of him, shall forfeit and pay the sum of twenty-five pounds for every such neglect; to be recovered and applied in the same manner as the forfeitures herein inflicted on delinquent sheriffs and collectors. | Clerks to set up lists of taxes collected, and give attested copies to sheriffs; without which, no payment to be made into treasury. |
| CHAP. X. | ||
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| I. WHEREAS it is the policy of all infant states to encourage population, among other means, by an easy mode for the admission of foreigners to the rights of citizenship; yet wisdom and safety suggest the propriety of guarding against the introduction of secret enemies, and of keeping the offices of government in the hands of citizens, intimately acquainted with the spirit of the constitution; and the genius of the people, as well as permanently attached to the common interest: | Preamble. | |
| II. Be it therefore enacted by the General Assembly, That all free persons, born within the territory of this commonwealth, all persons, not being natives, who have obtained a right to citizenship under the act, intituled "An act declaring who shall be deemed citizens of this commonwealth;" and also all children wheresoever born, whose fathers or mothers are, or were, citizens at the time of the birth of such children, shall be deemed citizens of this commonwealth, until they relinquish that character, in manner herein after-mentioned; and that all persons, other than alien enemies, who shall migrate into this state, and shall before some court of record, give satisfactory proof by oath (or being quakers or menonists, by affirmation) that they intend to reside therein, and also take the legal oath or affirmation, for giving assurance of fidelity to the commonwealth (which oaths or affirmations, the clerk of the court shall enter on record, and give a certificate thereof to the person taking the same, and shall on or before the first day of October annually, transmit to the executive a list of the persons who shall have taken the said oaths or affirmations, reciting their nation and occupation, (if any) to be by them entered in a book | Who deemed citizens. Aliens, how naturalized. Registry of. |
| to be kept for that purpose, for which he shall receive the fee of one dollar;) shall be entitled to all the rights, privileges, and advantages of citizens, except, that they shall not be capable of election or appointment to any office, legislative, executive, or judiciary, until an actual residence in the state of five years from the time of taking such oaths, or affirmations, aforesaid, nor until they shall have evinced a permanent attachment to the state, by having intermarried with a citizen of this commonwealth, or a citizen of any other of the United States, or purchased lands to the value of one hundred pounds therein. | When eligible to office. |
| III. Provided always and be it further enacted, That no person whatsoever, having or holding any place or pension from any foreign state or potentate, shall be eligible to any office, legislative, executive, or judiciary, within this commonwealth. | Who ineligible. |
| IV. Provided also, That no merchant stranger, who hath or shall migrate to this commonwealth, and become a citizen thereof, shall be entitled to any privilege or bounty which shall hereafter be granted to merchants citizens, until he shall have evinced a permanent attachment to this state, by intermarrying with a citizen of this commonwealth, or a citizen of any other of the United States, or purchased landed property to the value of five hundred pounds therein. And for the encouragement of useful artizans, mechanics, and handycaft [handycraft] tradesmen, to migrate into this commonwealth, | Merchants becoming citizens, when entitled to privileges. |
| V. Be it further enacted, That all and every such person or persons last mentioned, who shall hereafter migrate to this commonwealth, shall be wholly exempted from the payment of any tax or duty on his or their tools or implements of trade, which lie or they shall bring into this commonwealth at the time of his or their migration thereto, and shall moreover be exempted from all taxes whatsoever, except the land-tax, for the space of five years next thereafter, if he or they shall so long continue the actual exercise of his or their trade or occupation therein. And in order to preserve to the citizens of this commonwealth that natural right which all men have of relinquishing the society in which birth or accident may have thrown them, and of seeking subsistance and happiness elsewhere, and to declare explicitly what shall be deemed evidence of an intention in any citizen to exercise that right. | Artizans and mechanics, privileges of. |
| VI. Be it further enacted, That whensoever any citizen of this commonwealth shall, by deed in writing, under his hand and seal, executed in the presence of and subscribed by three witnesses, and by them, or two of them, proved in the general court or the court of the county wherein he resides, or by open verbal declaration made in either of the said courts, to be by them entered of record, declare that he relinquishes the character of a citizen, and shall depart out of this commonwealth, such person shall, from the time of his departure, be considered as having exercised his right of expatriation, and shall thenceforth be deemed no citizen. | Expatriation, how exercised. |
| VII. And be it further enacted, That the act of assembly, passed in the year one thousand seven hundred and seventy nine, entitled, "An act declaring who shall be deemed citizens of this commonwealth," shall be, and the same is hereby repealed. And whereas it is just and necessary to prevent the admission into this state of those persons who, being either citizens or natives of some of the United States, have withdrawn themselves from their country, and actually been in arms, aiding and abetting the common enemy in their endeavours to subvert the rights and liberties in America: | Act of 1779 repealed. |
| VIII. Be it therefore enacted, That all persons who, having accepted a military commission from the United States, or any of them, or who having taken the oath of fidelity to any of the United States, or who having been natives of, or residents in any of the United States on the nineteenth day of April, in the year one thousand seven hundred and seventy five, or at any time since, have at any time during the late war voluntarily joined themselves to the fleets or armies of the king of Great Britain, or have voluntarily borne arms against the United States, or any of them, in any garrison, post, or fortification, or other place whatsoever within their territories, or on their coasts, or have been owner, or part owner, of any privateer or other armed vessel cruising against the said United States, or any of them and all and every person and persons who at any time acted as a member of the board commonly called the board of refugee commissioners at New York, or under the authority, or by the direction of the said board, shall be, and they are hereby prohibited from migrating | Who prohibited from migrating to, or becoming citizens of this commonwealth |
| to, or becoming citizens of this commonwealth; and all such persons shall be equally subject to the pains, penalties, and disabilities of this act, although they have been heretofore, or shall be hereafter admitted to take the oaths of fidelity to this commonwealth in any court of record within the same, as if they had never taken the same. | |
| IX. And be it further enacted, That all and every person and persons prohibited by this act from migrating to this commonwealth, who shall be found within the same, shall and may be prosecuted in the general court of this commonwealth, as for a misdemeanor; and if, upon trial, such person or persons be found guilty of a breach of this act, such person or persons shall be imprisoned for a term not exceeding six months, in the public jail of this commonwealth, without bail or mainprise, and may be fined at the discretion of the said court, in any sum not exceeding one hundred pounds, and shall moreover stand committed until such fine be paid. And if the person or persons so convicted, shall be found at large in this commonwealth, after the expiration of one year from the time of his or their conviction, or of one month from the time of his or their enlargement from jail, such person or persons shall be committed to the public jail, and upon proof being made of the identity of such person or persons, he or they shall be thereafter imprisoned in the public jail for the space of five years, without bail or mainprise, and shall moreover forfeit all his goods and chattels, lands and tenements, for the use of the commonwealth. And if any person, prohibited by this act from migrating to this commonwealth, shall institute any suit or action whatsoever in any of the courts of this commonwealth, or other person by law entitled to become a citizen thereof, the defendant or defendants may plead this act in bar of such action or suit; and if upon the trial of the cause it shall appear that the plaintiff is by this act prohibited from migrating to this commonwealth, and that the cause of action arose within the same after the commencement of this act, the jury shall find for the defendant or defendants, and thereupon judgment shall be given against the plaintiff with treble costs of suit. And the clerk of the court in which such cause shall be tried, shall, within one month thereafter, transmit a copy | Proceedings against such prohibited persons. Incapacity to sue. |
| of the record, together with the names of the witnesses sworn on the part of the defendant or defendants, to the attorney general of this commonwealth, who shall, at the next succeeding session of the general court, file an information, or prefer an indictment to the grand jury, against the persons or persons against whom such verdict and judgment shall have been given. | |
| X. And be it further enacted, That all persons resident in this or any other of the United States on the said nineteenth day of April, and not included in the above description, who are at present prohibited by law from migrating to this state, shall be, and they are hereby permitted to migrate into and enjoy all the rights of citizenship, except that they shall not be capable of voting for members to either house of assembly, or of holding or exercising any office of trust or profit civil or military. Provided, That nothing herein contained shall be construed so as to contravene the treaty of peace with Great Britain lately concluded. | All other persons permitted. |
| XI. And be it further enacted, That full and ample protection shall be given to all persons who shall come into this commonwealth upon lawful business, except those who are prohibited by this act from migrating into this state. Provided, That nothing herein contained shall be construed to divest any person of the rights of citizenship, who hath legally obtained the same under two acts of assembly, the one, intituled "An act for the admission of emigrants, and declaring their rights to citizenship;" the other, intituled "An act prohibiting the migration of certain persons to this commonwealth, and for other purposes;" but that any person, who hath by deceit or collusion, or in any manner contrary to the true intent and meaning of the said recited acts obtained the same, shall be prosecuted under this act. | Protection to whom extended. |
| XII. And be it further enacted, That the act, intituled, "An act to prohibit intercourse with, and the admission of British subjects into this state," and also, so much of every other act or acts of assembly, as comes within the meaning of this act, shall be, and the same is hereby repealed. | Act prohibiting intercourse with British subjects repealed. |
| CHAP. XI | |||
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See ante pa. 99. | ||
| I. WHEREAS the act, intituled "An act to repeal an act, intituled An act concerning entries and surveys on the Western waters, and for other purposes," requiring that the owners of entries shall appoint agents or attornies in each county where such entries are made, and notify such appointments to the principal surveyor of the county, by the first day of February, one thousand seven hundred and eighty seven, and declaring that on failure thereof, such entries shall be void, whereby many of the good people on the western waters, through ignorance of the said recited act, are likely to be injured by a forfeiture of their entries: For remedy whereof, | Act declaring forfeiture of entries for land on failure to appoint agents repealed. | ||
| II. Be it enacted, That no entry shall be forfeited under the said recited act, for and during the term of two years, after the passing this act. | |||
 CHAP. XII | |||
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| I. BE it enacted by the General Assembly, That the act, intituled "An act for incorporating the Protestant Episcopal Church," shall be, and the same is hereby repealed: Saving to all religious societies the | Act incorporating Protestant Episcopal Church repealed. |
| property to them respectively belonging, wh are hereby authorised to appoint from time to time, according to the rules of their sect, trustees, who shall be capable of managing and applying such property to the religious uses of such societies. And to guard against all doubts and misconstructions, | Each religious society secured in its property and authorized to regulate its own discipline. | |
| II. Be it further enacted, and declared, That so much of all laws now in force, as prevents any religious society from regulating its own discipline, shall be, and is hereby repealed. | ||
| CHAP. XIII | ||
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| I. BE it enacted by the General Assembly, That the act, intituled "An act for the establishment of courts af assize," be, and the same is hereby suspended until the first day of January, in the year of our Lord, one thousand seven hundred and eighty eight: And that the general court shall proceed in all things in the same manner, as if the said act had never passed. | Acts establishing courts of assize further suspended. | |
| CHAP. XIV. | ||
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| I. WHEREAS it is reasonable that persons summoned to attend as witnesses on references, or surveys, to be made under an order of either the high court of chancery, general, county, or corporation courts of | Witness attending references and orders of survey, privileged |
| this commonwealth, should be free from arrests during such their attendance: | from arrests. |
| II. Be it therefore enacted, That all and every such witness or witnesses, as well in coming to, or returning from, as during their attendance at such preference or survey, shall be privileged and free from arrests in like manner as witnesses attending on the said courts. | |
| III. And be it enacted, That on application by the party, surveyor, or referees, interested in or acting under the orders of any such court, the clerk of the court from whence the order for a survey or reference shall issue, may and shall grant one or more subpœnas to issue, be directed. And if any person, duly served with such subpœna, shall fail to attend at the time and place therein mentioned, he or she so failing, shall be liable to the same penalty, and to the like action for damages, as in case of non-attendance upon a trial in court after having been regularly summoned thereto. And whereas, an abuse of those privileges which are granted for the furtherance of justice, ought to be carefully guarded against; | How such witnesses summoned. |
| IV. Be it further enacted, That no person whatsoever attending any of the courts in this commonwealth, or upon any reference or survey, by order of any such court, in virtue of any subpœna, shall be privileged from an arrest by original or other process, unless such person shall be actually a witness in the matter in such subpœnas expressed, nor unless the said subpœnas shall have been first duly executed by a sworn officer, or by some other indifferent person who shall have made oath to the due execution thereof. | None privileged unless actually a witness and duly summoned. |
| CHAP. XV. An act to empower securities to recover damages in a summary way. | |
| I. WHEREAS many persons have been reduced from affluence to poverty, by securityships, and it frequently | Preamble. |
| happens that the security or securities upon bonds or other obligations, their heirs, executors, or administrators, have been compelled to pay the whole, or the greater part of the debt due upon such bonds or obligations, and in many cases have not been able, by the insolvency of the principal or principals, or a tardy administration of justice, to recover from them or their representatives, the whole or any part of the amount of such debts, whereby the said securities have been involved in great inconveniences, and often times in manifest ruin: For remedy whereof, | |
| II. Be it enacted, That in all cases where judgment hath been, or shall hereafter be entered up in any of the courts of record within this commonwealth, against any person or persons, as security or securities, their heirs, executors, administrators, or assigns, upon any note, bill, bond, or obligation, and the amount of such judgment, or any part thereof, hath been paid or discharged by such security or securities, his, her, or their heirs, executors, administrators, or asssigns, it shall and may be lawful for such security or securities, his, her or their executors, administrators, or assigns, to obtain judgment by motion against such principal obligor, or obligors, his, her, or their heirs, executors, administrators, or assigns, for the full amount of what shall have been paid by the said security or securities, his, her, or their executors, administrators, or assigns, in any court where such judgment may have been entered up against such security, or securities, his, her, or their heirs, executors, administrators, or assigns. | Securities summary remedy against their principals. |
| III. And be it further enacted, That where the principal obligor, or obligors, have, or hereafter shall become insolvent, and there have been or shall be two or more securities jointly bound with the said principal obligor, or obligors, in any bond, bill, note, or other obligation, for the payment of money, or other thing, and judgment hath been, or hereafter shall be obtained against one or more of such securities, it shall and may be lawful for the court before whom such judgment was or shall be obtained, upon motion of the party or parties, against whom judgment hath been entered up as securities aforesaid, to grant judgment, and award execution against all and every of the obligors and their legal representatives, for their and each of their respective shares and proportions of the said debt. | Contribution among securities, how enforced. |
| IV. And be it further enacted, That no security or securities, his, her, or their executors, administrators, or assigns, shall be suffered to confess judgment, so as to distress his, her, or their principal, or principals, if such principal, or principals, will enter him, her, or themselves a defendant or defendants to the suit, and tender to the said security or securities, his, her, or their executors, administrators, or assigns, other good and sufficient collateral security, to be approved of by the court before whom the suit shall be depending. Provided always, That no judgment shall be obtained by motion as aforesaid, unless the party or parties, against whom the same is prayed, shall have ten days previous notice thereof. | Securities not to confess judgment. | |
| CHAP. XVI. | ||
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| I. WHEREAS by an act of the general assembly of this commonwealth, intituled "An act for establishing a general court, it is, among other things, enacted that when any person, other than a slave, charged with any criminal offence, shall be examined before a court for that purpose to be convened and held, if it shall be the opinion of the court, before whom such persons shall be examined, that he or she ought to be tried in the general court, such examining court shall cause the depositions of the witnesses to be taken, and bind such as they shall think proper by recognizances, to appear and give evidence against such person at his or her trial, which duty hath heretofore been in great measure neglected, whereby great inconveniences and delays have been incurred in the administration of justice: For remedy whereof, | Preamble. | |
| II. Be it enacted, That when any person, other than a slave, charged with any criminal offence, shall be | Duty of clerks, as to depositions, |
| examined before any court for that purpose convened and held pursuant to the directions of the said recited act, if the court before whom such person shall be examined shall be of opinion that the prisoner ought to be tried in the general court, they shall cause the clerk of the court to take the depositions of all such witnesses as shall be by the said court bound in a recognizance to appear and give evidence against such prisoner at his trial; copies of which depositions so taken, the said clerk shall within ten days thereafter transmit to the clerk of the general court, together with copies of the recognizances of such witnesses, and also a copy of the recognizance of such prisoner, if he or she shall be by the justices of the said court admitted to bail, and in case of failure in either case, such clerk shall forfeit the sum of twenty five pounds, for the use of the commonwealth, to be recovered with costs, on motion in the general court by the solicitor or attorney general on behalf of the commonwealth; provided such clerk have ten days previous notice thereof. And the clerk of the general court shall immediately on the receipt of such copies of depositions, transmit other copies thereof to the attorney general, for the use of his office. And whereas the omission of the name of the parish, town, ville or hamlet, in which any crime or offence is supposed to be committed, hath been conceived to be fatal in indictments for such crimes or offences, and there being in several counties within this commonwealth neither parish, town, ville or hamlet: | when criminal is sent for further trial from examining court. |
| III. Be it therefore enacted, That no indictment for high treason, petty treason, misprision of treason, murder, or other felony or offence whatsoever, shall be quashed for the omission of the name of any parish, town, ville or hamlet, within any county of this commonwealth; nor shall such omission, after conviction on such indictment, be any cause to stay or arrest judgment; nor shall any judgment on such indictment be liable to be reversed on a writ of error, by reason of such omission; nor shall any judgment in any court within this commonwealth be reversed by writ of error or otherwise, because of any such omission in any declaration, count or plea whatsoever. | Omission of parish, town, ville, or hamlet, not fatal in indictments. |
| CHAP. XVII. | ||
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| I. WHEREAS the act passed at the last session of assembly, to provide for the poor within this commonwealth, hath been found inadequate to their relief: | Act providing for the poor, amended. | |
| II. Be it enacted by the General Assembly, That where no election of overseers of the poor hath been made according to the direction of the said act, it shall and may be lawful for the court of such county, at any future session, to divide the same, and do such other acts as were directed by the said act for the appointment of overseers. That where there is or shall be a vacancy in any appointment of overseers already made, or hereafter to be made, by reason of the person chosen refusing to serve or otherwise, the court of the county, wherein the same shall be, is hereby required to have the same filled up in the manner prescribed by the said act for the original appointment. That the time of service, as fixed by the aforesaid act, shall in all cases be computed from the first day of April last, and the general elections shall in all cases be computed from the first day of April, in the year in which they shall be made, notwithstanding the time of service shall thereby be made shorter than the said act directs; that all appointments made for filling up vacancies, and all elections made between the general triennial elections, shall be for the time which shall be unexpired of the three years, and no longer. The county court may at any session within six months before the first day of April, which will be in the year in which the general election of overseers is to be held, enter into the measures directed by the said act for regulating the said elections, and may fix some convenient day for holding the same. And the person, who has been or shall hereafter be appointed to superintend any election, shall return the names of the person or persons chosen, to the clerk of the county, who shall | Election of overseers of the poor. |
| thereupon issue a writ to the sheriff of the county, commanding him that ten days before the ensuing court day, he shall inform the said person or persons that he or they hath been elected overseer or overseers of the poor, and require him or them to appear at the next court day, and make oath that he or they will truly and faithfully administer the said office. And if the said person or persons, or either of them, being summoned, shall not appear, or shall appear and refuse to qualify as aforesaid, the same rules shall be observed by the court in supplying such vacancies, as well as vacancies which may happen by resignation, as is before directed. And the overseers of each district, or such of them as shall have qualified, shall between the months of April and August, in each year, levy and assess upon the tithables within their county (the list of which shall be furnished them by the clerk of the county) competent sums of money, or tobacco in lieu thereof, at a stated price, to be paid at the option of the party chargeable therewith, for the necessary relief and support of such poor, lame, blind, and other inhabitants of the said district as are not able to support themselves, and for such contingent expences as may probably arise before the succeeding levy. −− Where no levy has been made for the present year, it shall and may be lawful for the overseers of each district to provide in the succeeding levy for the payment of all such reasonable sums as shall be expended on the poor of the districts after the first day of January next. And the said overseers shall return to the court of the county a list of the persons to and for whom such monies are to be paid, the purposes for which, and the particular sums, with the amount of the sum to be levied for contingent expences, which list shall be kept for and be open to all persons interested therein; and the clerk of the county shall unite the several levies returned from the different districts in the county, and make out a list of the persons and property chargeable therewith, for the use of the public collector, who shall be bound by the terms of the said act, and have the powers thereby given. | Vacancies supplied. Levy, when paid. |
| III. Be it further enacted, That the overseers of each district shall provide for the poor, lame, blind, and other inhabitants of the district not able to maintain themselves, and may also provide houses, nurses | Duty of overseers to provide for poor. |
| and doctors, in such cases as they, or a majority of them, shall think necessary; the expenses of which, if the contingent fund shall be insufficient, shall be provided for in the succeeding levy. If any poor person shall suppose that he or she is entitled to the benefit of the laws for the relief of the poor, and the overseers of the district, in which he or she resides, shall refuse to give such person the benefit thereof, upon application of such person, the county court may, if they think proper, direct the overseers to receive him or her upon their lists of poor, and until the next levy provide for him or her out of the contingent fund. −− That the overseers of each district shall take effectual measures to prevent the poor resident within the same from strolling into another county; and each of the overseers within a county shall have the same power of sending away poor persons not resident therein, and the same redress against the overseers of the district, in which they have residence, as the churchwardens of any parish formerly had in similar cases. Where any dispute shall arise respecting the residence of any poor persons, the court of any county adjacent to either of the counties interested therein, is hereby authorised and required to take cognizance thereof, and they are hereby vested with all powers, which would belong to the general court if this provision had not been made; and all power of determining questions of residence, except on appeal from the court of such county, is hereby taken from the general court. | Settlement. |
| IV. Be it further enacted, That the overseers of the poor of each district, shall monthly make returns to the court of their county, of the poor orphans in their district, and of such children within the same, whose parents they shall judge incapable of supporting and bringing them up in honest courses. And the said court is hereby authorised to direct the said overseers, or either of them, to bind out such poor orphans and children apprentices to such person or persons as the court shall approve of, until the age of twenty one years, if a boy, or eighteen years, if a girl. The indentures of such apprentices shall contain proper covenants to oblige the persons to whom they shall be bound, to teach them some art, trade or business, to be particularised in the indentures, as also reading and writing, and, if a boy, common arithmetic, including | Orphans, how bound out, and what covenants indentures to contain. |
| the rule of three, and to pay to him or her, as the case may be, three pounds and ten shillings at the expiration of the time of service. | |
| V. Be it further enacted, That where no settlement has been made by the late churchwardens of their parochial accounts, conformable to the said act, any overseer within the county, shall have power to call a meeting of the overseers of the county, to be held at the court-house on a certain day, and to call on the said churchwardens to attend the same, for the purpose of settling their said accounts. The time of meeting shall be at least one month after notice to the churchwardens; and in case there shall be a majority of the overseers so assembled, and the churchwardens summoned as aforesaid, shall delay or refuse to come to such settlement, the county court, on the motion of any overseer, shall render judgment against such churchwardens for the balance which shall appear by the vestry-books to be due, and for which sufficient vouchers cannot be produced, with costs of suit. And if, after settlement made, they shall refuse to pay the balance, which shall appear to be due on such settlement; the county court, on motion of any overseer, shall render judgment for the same with costs; provided that in the cases before mentioned, the churchwardens shall have had ten days notice that such motion would be made. Any money so recovered, may be applied to the use of any district; and the overseers, who shall use the same, shall render account thereof, as of money received for the use of their district. The overseers of each district, shall in the month of June in each year, settle their accounts with the county court, and the money, which shall remain in their hands, or in the hands of the collector of the public taxes, unappropriated, shall be deducted from the rate to be made for the ensuing year. | Overseers of poor to call on churchwardens for settlement. |
| CHAP. XVIII. | ||
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| I. BE it enacted by the General Assembly, That from and after the passing of this act, the auditor of public accounts shall annually before the last day of January, transmit to the clerks of the several counties within this commonwealth, a general list of pensioners; and every pensioner shall annually in February or April, apply in person, or if an orphan, by his or her guardian, to the court of the county wherein he or she resides, and exhibit the certificate upon which his or her claim is founded, and make oath that he or she is the person to whom it was given; or where such person shall be unable to attend, he or she shall make the like oath before a magistrate, and the court, upon comparing the certificate with the list transmitted from the auditor, and finding it to be right, shall order it to be recorded, and direct the sheriff to pay the pension; a copy of which order shall be given to the pensioner: Whereupon the sheriff shall make payment thereof, and take a receipt on the said order, and be entitled to credit for the same in the settlement of his accounts with the auditor. | Auditors to transmit list of pensioners annually to clerks of
county courts How pensioners to be paid. | |
| II. So much of the above recited act, as comes within the purview of this act, shall be, and the same is hereby repealed. | ||
| CHAP. XIX. | ||
| ||
| I. WHEREAS the laws enabling the solicitor to proceed against public delinquents, have been hitherto |
| ineffectual, the consequence of which has been a vast accumulation of arrearages of taxes in the hands of the several sheriffs and collectors: | |
| II. Be it therefore enacted by the General Assembly, That it shall and may be lawful for the general court, on the tenth day of their sessions in October and April, and on the first day of their sessions in June and December, to give judgment with costs, at the motion of the solicitor, on ten days previous notice, against any percent or persons indebted to the commonwealth, by bond, note, or any other written speciality, whether the same be taken in the name of the governor, treasurer, or any other person acting in any public character, for or on behalf of the commonwealth; and also to give judgment in like manner for all bills of exchange, notes, or other specialities, and for the penalty of all bonds entered into by any person or persons, conditioned for the rendering of accounts or for other duties. | Summary remedy for arrears of taxes on motion of solicitor general. |
| III. And be it enacted, That where any person or persons have been, are, or may hereafter be indebted to the commonwealth, either in specie, or in other articles collected or otherwise received for and on behalf of the commonwealth, and such person or persons on a settlement with the auditor, have obtained a quietus, and where judgment hath been or may be obtained in favour of the commonwealth, and the amount thereof adjusted and discharged, either before or after the issuing of the execution, whereby a quietus may have been or shall hereafter be obtained by the party or parties, and it shall afterwards appear that an error or mistake had been committed to the prejudice of the commonwealth in the settlement of such account, judgment, or execution; in all or any of these cases, it shall and may be lawful for the general court to give judgment, on motion, with ten days previous notice, for the amount of such error or mistake, without interest or damages thereupon, the same being proved to the satisfaction of the court. | Mistakes to prejudice of commonwealth, on settlement of accounts, corrected on motion. |
| IV. And be it further enacted, That when it shall appear after settlement, that by error or mistake, any person may or shall have paid more to the commonwealth than was really due, such person shall have the same remedy, by motion, with notice against the solicitor, as is by this act given to the commonwealth. | Same remedy against the commonwealth. |
| Pages 231-255
| Pages 278-298
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