Pages 22-46
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| Pages 22-46
| Pages 66-86
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| CHAP. XXXVI. An act to amend the several acts of Assembly for keeping certain roads in repair. (Passed the 9th of December, 1789.) | |
| SECT. 1. For amending the several acts of Assembly for keeping roads in repair: Be it enacted by the General Assembly, that no district shall exceed three miles in width from the roads on which turnpikes are established, nor more than three miles in length; nor shall any person assigned to work on the said roads, be compelled to work on any other road, only one day in every year. | Districts on the turnpike roads, width and length of; |
| SECT. 2. Every person residing within three miles of either of the said turnpike roads, and compellable by law to work on roads, shall work on the aforesaid road or roads, when summoned so to do, not exceeding three days in every year. | How many days in each year, every person to work on them; |
| SECT. 3. Every overseer shall be resident in the district of which he is appointed overseer, or the adjacent district, and he shall be allowed twelve shillings for warning the people on the road in each year. | Overseers of them, where to reside: allowance to them for warning the people. |
| SECT. 4. The receivers of the tolls shall keep a fair account of the daily receipts of money in a book to be provided for that purpose, and produce the same for the inspection of the treasurer when required, pay the money received by them to the treasurer, once in every month, and settle with the commissioners once in every three months, when each receiver shall be paid his wages for the preceding quarter by order of the treasurer. | Receivers of the tolls, how their accounts to be kept: when to settle them and pay the money received; their wages: |
| SECT. 5. One half of the money arising from the tolls, after paying the necessary wages of the toll keepers and overseers, shall be applied towards repairing the roads within the county of Loudoun. | One half of the tolls to be applied to repairing roads in Loudoun. |
| CHAP. XXXVII. An act for establishing several new ferries, and for erecting a Toll-Bridge. (Passed the 11th of December, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same as followeth, that is to say: from the lands of Charles Buck, in the county of Frederick, across the north fork of Shenandoah river, at the mouth of Passage creek, to the land of Isaac Hite, on the opposite shore, the price for a man three-pence three farthings, and for a horse the same: from the land of Thomas Buck, across the north fork of Shenandoah river, to the lands of George Harden & Rowley Smith, the price for a man three-pence three farthings, and for a horse the same: from the lands of Wilson Cary Nicholas, in the county of Albemarle, across Fluvanna river, to the land of John Hardy, on the opposite shore, in the county of Buckingham, the price for a man three-pence, and for a horse the same: from the land of John Harper, in the county of Mecklenburg, across Meherrin river, to his land on the opposite shore in the county of Lunenburg, the price for a man two-pence, and for a horse the same: from the lands of John Flin, in the county of Halifax, across Staunton river, to the lands of Thomas Hoards on the opposite shore, in the county of Charlotte, near the confluence of Dan and Staunton, the price for a man three-pence, and for a horse the same: from the lands of Isaac Williams, in the county of Harrison, across Ohio river, above and below the mouth of Muskingum, the price for a man six-pence, and for a horse the same: from the land of Josiah Pricket, in the county of Monongalia, across Monongahela river to the opposite shore, the price for a man three-pence, and for a horse the same: from the land of Samuel Morton, in the county of Monongalia, across Big Sandy Creek, to the land of John Conner, sen. on the opposite shore, the price for a man three-pence, and for a horse the same: from the land of from the land of Robert Maxwell, in the county of Randolph, across Leading Creek, to the land of Jonas Friend, on the opposite shore, the price for a man three-pence, | Public ferries established, across the rivers Shenandoah, Fluvanna, Meherrin, Staunton, Ohio, and Monongahela and Big Sandy, and leading creeks, |
| and for a horse the same: from the land of from the land of Luther Martin, in the county of Hampshire, across Patowmack river, at the confluence of the north and south branches thereof, to the opposite shore in the state of Maryland, the price for a man four-pence, and for a horse the same. And for the transportaion of wheel carriages, tobacco, cattle and other bests, at the places aforesaid, the ferry keepers, except the said John Harper, may demand and take the following rates, that is to say: for every coach, chariot or waggon, and the driver thereof, the same as for six horses; for every cart or four wheel chaise and the driver thereof, the same as for four horses; for every two wheel chaise or chair, the same as for two horses; for every hogshead of tobacco, as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage for one horse; and for everyhog, one fourth part of the ferriage for on horse; and no more. The ferry keeper at Harper's ferry may demadn and take for the transportation of every waggon, chariot, or other four wheel carrige and the driver thereof, one shilling; for every cart or two wheel carriage six-pence; for every hogshead of tobacco and the team and driver thereof, six-pence; for every head of neat cattle, one penny, and for every sheep, hog or goat, one halfpenny: | and Patowmack river, and the rates for passing the same; |
| SECT. 2. If the ferry keeper at any of the said places shall presume to demand or receive, from any person or persons, greater rates than are hereby allowed, for the carriage or ferriage of any thing, he shall for every such offence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings, to be recovered with costs, before a justice of peace of the county where such offence shall be committed. | Penalty on ferry keeper demanding more than the rate, how to be recovered. |
| SECT. 3. And be it further enacted, That it shall be lawful for the said John Harper to erect a bridge across Meherrin river, from his land in the county of Mecklenburg, to his land on the opposite shore, as near as may be to the ferry hereby established across the said river from his said land; and to demand and receive the same toll and rates for the passage of any person or thing, as is allowed by this act at his said ferry. | Toll-bridge to be erected across Meherrin river, rates for passing the same. |
| CHAP. XXXVIII. An act to appropriate the Public Revenue (Passed the 15th of December, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That the outstanding arrearages of the revenue taxes which became due on the first day of November one thousand seven hundred and eighty-seven, shall be added to those heretofore constituting the aggregate fund. | Certain arrearages of taxes added to the aggregate fund; |
| SECT. 2. The said fund shall stand charged with the warrants still unpaid, which by the act of the last session intitled "An act to amend the several laws for appropriating the public revenue," were charged on the aggregate fund, and all warrants which by the said recited act were declared to be charged on the taxes which became due on the first day of November one thousand seven hundred and eighty-seven, together with the warrants issued or to be issued to foreign creditors, and still remaining unsatisfied. The warrants issued or to be issued by virtue of two decrees of the high court of chancery, against the treasury of this Commonwealth, one on account of the lead mine, the other on account of the estate of John Earl of Dunmore, shall also be charged on the said aggregate fund. | Warrants charged thereon; |
| SECT. 3. And be it further enacted, That all warrants and other facilities, which have heretofore been receivable in discharge of the respective taxes which by this act constitute the aggregate fund, together with all warrants by this act chargeable thereon, and all warrants receivable in discharge of the revenue taxes of one thousand seven hundred and eighty-nine, shall also be receivable in discharge of the arrearages of the taxes which constitute the said aggregate fund. | Facilities receivable in discharge of the taxes constituting it. |
| SECT. 4. And be it further enacted, That one-tenth of the said arrearages shall continue appropriated to the sinking fund; that proportion to be set apart from the specie or tobacco coming in, at the rates receivable by law, and disposed of under the direction of the executive, in aid of the sinking fund. | One tenth of the said arrearages, appropriated to the sinking fund. |
| SECT. 5. And be it further enacted, That the taxes which became due on the first day of November one | Appropriation of taxes which became |
| thousand seven hundred and eighty-eight, and all branches of revenue arising between that day and the first day of November one thousand seven hundred and eighty-nine, shall continue as before appropriated, and to the warrants issued in the year one thousand seven hundred and eighty-nine, for the services of the scouts and rangers, and be dischargeable, collected and accounted for in the same manner as directed by the aforesaid act: | due 1st November 1788, and arising between that day and 1st November 1789. |
| SECT. 6. Provided, that no warrants to foreign creditors, other than those issued, under the apportionments of one thousand seven hundred and eighty-five, one thousand seven hundred and eighty-six, or, one thousand seven hundred and eighty-seven, shall be received in discharge of the impost now due, nor be entitled to any dividend of money collected therefor, nor shall any warrant whatsoever issued after the thirty-first day of December one thousand seven hundred and eighty-nine, be received in discharge of such impost, unless the bond for the same shall become due after that date. | Certain warrants to foreign creditors, not receivable in discharge of impost now due or to become due. |
| SECT. 7. And be it further enacted, That the taxes which became due on the first day of November one thousand seven hundred and eighty-nine, and all branches of revenue arising between that day and the first day of November one thousand seven hundred and ninety, except the tax of six shillings per hogshead on tobacco, shall be appropriated as follows, that is to say, the taxes arising on law process, recording of wills and deeds, the tax on the seal of the Commonwealth and from the register's office, which shall be specie only, shall be appropriated to the payment of the salaries and allowances to the judges of the superior courts; and if the same shall prove insufficient, the treasurer shall make good the deficiency out of some other funds. | Appropriation of taxes which became due 1st November 1789, and arising between that day and 1st November 1790. |
| SECT. 8. The money arising under the act intituled "An act imposing new taxes," shall be appropriated to the payment of the wages and salaries of the members and officers of the General Assembly, and civil government; all surplusage in the said appropriations, together with all the other branches of revenue, which became due on the first day of November one thousand seven hundred and eighty-nine, or which shall arise between that day and the first of November one thousand seven hundred and ninety, except the tax of six shillings per hogshead on tobacco, shall be charged with the payment of the warrants for interest on military certificates becoming |
| due after the thirty-first day of December one thousand seven hundred and eighty-nine; also with the payment of the warrants issued after the aforesaid period for the contingent purposes of government, so as not to exceed the sum of five thousand pounds: also with the payment of the warrants for the interest becoming due after said period on the loan-office debt, and the paper money funded of this state; also with the payment of the warrants, issued after the aforesaid period for expences attending criminal prosecutions, except for guards in the several counties and corporations; to apprehenders of horse-stealers; to persons intitled to compensation for slaves executed; on account of the states shares in the Potowmack and James river companies; for the post at the point of Fork; for the lunatic hospital; for pensions heretofore granted and remaining unpaid; and for the wages and salaries of the members and officers of the General Assembly and civil government. | |
| SECT. 9. All warrants so chargeable on the last mentioned taxes, together with those of like description which have been issued for former years, shall be receivable in discharge of any of the said taxes; and the several sheriffs and collectors upon payment thereof into the treasury, shall have credit for the same. Provided, that nothing herein contained shall be construed to affect the taxes payable by the clerks of courts, which taxes shall be paid in specie only, the tax on their own fees excepted. | Warrants receivable in discharge thereof, those collected by the clerks of courts excepted. |
| SECT. 10. And be it further enacted, That if the funds by this act assigned, for paying the judges and other officers of civil government, warrants issued for the Point of Fork, the lunatic hospital, and the shares in the Patowmack and James river companies, should not be productive early enough for these purposes, it shall be lawful for the executive to direct the treasurer to borrow as much money as shall be so deficient out of any other funds, and to replace the same as soon as possible. | Executive to direct the treasurer to borrow money from other funds in case of a deficiency in those applied to certain purposes. |
| SECT. 11. And be it further enacted, That the services of the several sheriffs in this Commonwealth in the elections of electors to vote for a president of the United States in January last, for which no allowance hath been made, shall be paid for in the same manner, as was directed in the case of elections of representatives to Congress, and the auditor is hereby directed to issue warrents for the said services accordingly, which warrants | Sheriffs conducting elections of the electors of the President, to be paid for their services; |
| shall be charged upon the taxes which became due prior to the first day of November one thousand seven hundred and eighty-nine, and shall be receivable in discharge of any of the said taxes. | In what manner. |
| SECT. 12. And be it enacted, That no warrant which shall become due after the thirty-first day of December one thousand seven hundred and ninety, shall be receivable in discharge of any of the revenue taxes becoming due, previous to the first day of November in the same year. | Certain warrants not receivable in discharge of taxes becoming due previous to 1st of November 1790. |
 CHAP. XXXIX. An act for the relief of creditors against fraudulent devises. (Passed the 17th of December, 1789.) | |
| SECT. 1. WHEREAS it is not reasonable or just, that by the practice or contrivance of any debtors, their creditors should be defrauded of their just debts; and nevertheless it hath often so happened, that where several persons, having by bonds or other specialties bound themselves and their heirs, have afterwards died, seized in fee-simple of and in messuages, lands, tenements and hereditaments, or having power or authority to dispose of or charge the same by their wills or testaments, have to the defrauding of such their creditors or testaments devised the same, or disposed thereof in such manner as such creditors have lost their said debts: | Preamble. |
| For remedying of which, and for the maintenance of just and upright dealing, Be it enacted by the General Assembly, that all wills and testaments, limitations, dispositions or appointments, of, or concerning any messuages, lands, tenements, or hereditaments, or of any rent, profit, term or charge out of the same, whereof any person or persons, at the time of his, her or their decease, shall be seized in fee-simple in possession, reversion or remainder, or have power to dispose of the same by his, her, or their last wills or testaments, shall be deemed and taken (only as against such creditor or creditors as aforesaid, his, her and their heirs, successors, executors, administrators | Devises of lands, &c. void as to creditors, |
| and assigns, and every of them,) to be fraudulent, and clearly, absolutely and utterly void, frustrate and of non effect; any pretence, colour, feigned or presumed consideration, or any other matter or thing to the contrary not withstanding. | |
| SECT. 2. And for the means that such creditors may be enabled to recover their said debts, Be it further enacted, that in the cases before mentioned, every such creditor shall and may have and maintain his, her and their action and actions of debt, upon his, her and their said bonds and specialties, against the heir and heirs at law of such obligor or obligors, and such devisee and devisees, jointly by virtue of this act; and such devisee or devisees shall be liable and chargeable for a false plea by him or them pleaded, in the same manner as any heir should have for any false plea by him pleaded, or for not confessing the lands or tenement s to him descended. | who may sue heirs and devisees jointly; |
| SECT. 3. Provided always, and be it enacted by the authority aforesaid, That where there hath been or shall be any limitation or appointment, devise or disposition, of or concerning any messuages, lands, tenements or hereditaments, for the raising or payment of any real and just debt or debts, or any portion or portions, sum or sums of money for any child or children of any person, other than the heir at law, according to, or in pursuance of any marriage contract or agreement in writing bona fide made before such marriage, the same and every of them shall be in full force; and the same messuages, lands, tenements and hereditaments, shall and may be holden and enjoyed by every such person or persons, his, her and their heirs, executors, administrator and assigns, for whom the said limitation, appointment, devise or disposition was made, and by his, her and their trustee or trustees, his, her and their heirs, executors, administrators and assigns, for such estate or interest as shall be so limited or appointed, devised or disposed, until such debt or debts, portion or portions shall be raised, paid and satisfied; any thing in this act contained to the contrary notwithstanding. | Exception of devises, &c. to pay just debts, or portions in pursuance of any marriage contract. |
| SECT. 4. And whereas several persons being heirs at law, to avoid the payment of such just debts, as in regard of the lands, tenements and hereditaments descending to them, they have by law been liable to pay, have sold, aliened, or made over such lands, tenements or |
| hereditaments, before any process was or could be issued out against them. | |
| Be it further enacted, That in all cases where any heir at law shall be liable to pay the debt of his ancestor in regard of any lands, tenements or hereditaments descending to him, and shall sell, alien or make over the same, before any action brought, or process sued out against him, such heir at law shall be answerable for such debt or debts in an action or actions of debt, to the value of the said land so by him sold, aliened or made over; in which cases all creditors shall be preferred, as in actions against executors and administrators, and such execution shall be taken out upon any judgment or judgments so obtained against such heir, to the value of the said land, as if the same were his own proper debt or debts, saving that the lands, tenements and hereditaments bona fide aliened before the action brought, shall not be liable to such execution. | In what manner an heir is answerable where he alienes the lands descended. |
| SECT. 5. Provided always, and be it further enacted, That where any action of debt upon any specialty is brought against any heir, he may plead riens per discent at the time of the original writ brought, or the bill files against him; any thing herein contained to the contrary notwithstanding; and the plaintiff in such action may reply that he had lands, tenements, or hereditaments from his ancestor before the original writ brought, or bill files; and if upon issue joined thereupon, it be found for the plaintiff, the jury shall enquire of the value of the lands, tenements or hereditaments so descended, and thereupon judgment shall be given, and execution shall be awarded as aforesaid; but if judgment be given against such heir by confession of the action, without confessing the assets descended, or upon demurrer or nihil dicit, it shall be for the debt and damages, without any writ to enquire of the lands, tenements or hereditaments so descended. | Heir may plead riens per discent, Jury to inquire of the value of the lands if found against him; such enquiry unnecessary where there is judgment by confession or nihil dicit. |
| SECT. 6. Provided also, and be it further enacted, That all and every devisee and devisees made liable by this act, shall be liable and chargeable in the same manner as the heir at law by force of this act notwithstanding the lands, tenements and hereditaments to him or them devised, shall be aliened before the action brought. | Devisees liable as heirs, in case of alienation of the land. |
| CHAP. XL. An act directing the method of proceeding in impeachments. (Passed the 11th of December, 1789.) | |
| BE it enacted by the General Assembly, That the process against any person impeached by resolution of the house of delegates, shall be summons, attachment, and distress, bearing teste, the first of them, the day of emanation, and the others the return day of the process preceding, and shall be issued and signed by the clerk of the court from whence such proceess issued: A copy of the articles of impeachment, shall be delivered to the party accused, whensoever he shall require it, and the court shall from time to time make such rules for compelling him to answer and bringing the matter to issue speedily, as to them shall seem reasonable; and every fact so put in issue shall be tried by a jury. | Process in impeachments; Accused intitled to copy of the articles; The court authorised to hasten the issue and trial, facts in issue to be tried by a jury. |
| CHAP. XLI. An act concerning invalid Pensioners. (Passed the 19th of December, 1789.) | |
| WHEREAS it is provided by the act intitled, "An act to amend the act concerning pensioners," that the court of the county wherein the pensioner resides, shall compare the certificate upon which the claim is founded, with the list transmitted from the auditors, and finding it to be right, shall order it to be recorded and direct the sheriff to pay the pension. And whereas by an act of Congress, intitled "An act providing for the payment of the invalid pensioners of the United States," it is enacted that the military pensions which have been granted and paid by the states respectively, in pursuance of the acts of the United States in Congress assembled, to the invalids who were wounded and disabled during the late war, shall be continued and paid by the United States, from | Preamble. |
| the fourth day of March in the year one thousand seven hundred and eighty-nine, for the space of one year, under such regulations as the president of the United States may direct. | ||
| Be it enacted by the General Assembly, That after the passing of this act, the courts of the several counties shall not direct the sheriffs thereof to pay any pension coming within the description of the above recited act of Congress; and to prevent misconstruction, the executive shall cause to be forwarded to the said courts respectively, a list of such pensions as are provided for by Congress in manner aforesaid, together with the regulations made by the president of the United States in the premises. | County courts not to direct the payment of pensions hereafter. | |
| CHAP. XLII. | ||
| ||
| (Passed the 19th of December, 1789.) | ||
| SECT. 1. WHEREAS much delay is occasioned in the collection of taxes and other debts due to the Commonwealth, by neglect in levying and returning executions, Be it therefore enacted, That all sheriffs, coroners or other persons authorised to levy executions of any kind on behalf of the Commonwealth, and failing so to do according to law, or withholding any such execution for any longer time than one month after the return day, shall forfeit and pay to the Commonwealth at the rate of fifteen per centum per annum, on the amount of such execution, to be computed from the return-day thereof, until such execution be actually returned. | Preamble. Penalty on sheriffs failing to levy executions for the Commonwealth, or to return them; | |
| SECT. 2. And any officer as aforesaid, who shall make a false return on any such execution, shall forfeit and pay twenty-five per centum on the amount of such execution. | for making a false return; | |
| SECT. 3. And in case any sheriff, coroner, or other officer, shall levy on behalf of the Commonwealth any execution, and shall return the same as satisfied, paid, or discharged, or in any other words, form or manner | for not paying the money levied; |
| which shall entitle the debtor to a credit therefor, either wholly or in part, and shall fail to pay the amount of such credit within one month after the return-day of such execution or other process, that then such sheriff or other officer so failing, shall forfeit and pay to the Commonwealth, double the damages and double the interest to which the debtor, against whom the said execution may have issued, was subject, to commence and accrue on the return-day of such execution, and to continue until payment be made into the treasury; and in all such cases where no damages are expressed, but interest only is required by the said execution from the debtor, that the sheriff or other officer failing to pay to the treasurer within one month after the return-day of such execution, shall forfeit and pay at and after the rate of twenty per centum on the amount. | |
| SECT. 4. And whereas, great inconvenience arises from sheriffs going out of office after the levying of an execution and before the same be fully discharged, Be it therefore enacted, That upon all executions of fieri facias already issued, or hereafter to be issued, and which have been or shall be levied but not discharged, whereby subsequent process are necessary to be issued, every such subsequent process may at the discretion of the solicitor, be directed to such person, specially by name, as was high sheriff at the time of levying the former execution, who shall proceed in the execution of such subsequent process, until the debt be fully paid, notwithstanding such person's time as sheriff of the county be expired. | In what cases such executions may be directed to former sheriffs altho' out of office. |
| SECT. 5. And all and every deputy sheriff levying any execution for or on behalf of the Commonwealth, shall on failing to sign in addition to his own name, the name of the high sheriff under whom he acts, be subject to the same fine as is hereby inflicted for withholding an execution, to continue until such return be amended by the addition of the high sheriff's name, or the amount of such execution be actually paid, and in case of inability in any deputy sheriff to pay such fine, the same may be recovered of the high sheriff, which he may thereafter recover of such deputy by motion in the court of his county, on giving ten days previous notice to the deputy so failing. | Penalty on deputy sheriffs failing to add the names of their principals in their returns. |
| SECT. 6. And whereas doubts have arisen in cases of fines and forfeitures incurred by neglect of certain duties, whether a compliance with such neglected duties | Recovery of fines, &c. for neglect of duty |
| after the period particularly assigned for performance doth not bar a recovery of the fines; To remove which doubts, Be it therefore enacted, that no compliance with such duties as are by this act prescribed after the respective periods assigned for performance, and notice given of an intended motion as herein after is mentioned, shall bar a recovery of the fines and forfeitures. | not barred by compliance after notice given. |
| SECT. 7. And whereas a practice hath been lately adopted by sundry persons indebted to this Commonwealth of making conveyances of their property, and others have procured executions for private debts to be levied on all their estates, for purpose of defeating the operation of executions issued on behalf of the public, to the manifest prejudice of the public revenue, To remedy which Be it also enacted, that in all cases of fieri facias not levied by reason, that the effects in a public debtor's possession cannot be taken in consequence of any previous bona fide execution, mortgage, deed of trust, or any other conveyance or incumbrance whatsoever, the sheriff holding such execution shall set forth in his return fully and explicitly the nature of the conveyance or incumbrance under which a claim is set up, and in what court the same be recorded, and if by virtue of executions the name of the persons at whose instance such executions issued, the amount of each, and from what court they were issued, in order that the solicitor may institute such proceedings as the attorney general may direct against all persons concerned, in order to have their claims or demands fully ascertained; and all courts wherein such proceedings shall or may be instituted, are hereby authorised to give the preference in hearing all such cases before others of any kind or nature soever, and to quicken the same by such rules as to them shall seem expedient. | Duty of the sheriffs levying executions on property
incumbered by executions, mortgages, &c. of the attorney general and solicitor relative thereto; |
| SECT. 8. If any person shall attempt to stop, interrupt or injure the sale of the estate of any public debtor taken by virtue of an execution, by any fraudulent execution, conveyance or incumbrance whatsoever, he shall forfeit to the Commonwealth the sum of one hundred pounds. | Penalty on any person preventing the sale of the property of a public debtor; |
| SECT. 9. And be it further enacted, That all fines and forfeitures inflicted by this act shall be recovered by the solicitor on behalf of the Commonwealth, by motion in the general court with costs, on giving ten days previous notice; Provided always, that upon a prosecution instituted | Fines and forfeitures, how to be recovered. |
| for any fine or forfeiture inflicted by this act, a jury shall be impannelled to try the facts if it shall be desired by the party prosecuted. | |
| SECT. 10. The defendant or parties, against whom judgment may have been obtained for any such fine or forfeiture, may on application to the governor and council, obtain a remittance either wholly or in part, as to the governor with the advice of council may seem reasonable and proper. | May be remitted by the executive. |
| SECT. 11. And whereas considerable arrearages of taxes still remain unpaid under the laws of revenue heretofore passed, and it si found that the collections thereof have been much impeded by the obligation imposed by several of the said laws upon the sheriffs and collectors, to make return on oath of the particular articles by them received in their several collections; Be it therefore enacted, that all and every part and parts of any of the laws of revenue heretofore passed, as requires the sheriffs and collectors to make returns upon oath of the particular articles by them received in their collections, so far as the same may respect the collections hereafter to be made, or payment s to be made by the executors or administrators of any deceased sheriff or collector, shall be and are hereby repealed; and the several sheriffs and collectors of the said taxes now remaining uncollected, upon paying the same into the treasury in specie or facilities in such proportions as they are declared receivable by law, shall have credit therefor. | Certain oaths required to be taken by public collectors dispensed with; |
| SECT. 12. And be it further enacted, that the executive shall and are hereby authorised upon application to them made and for good cause shown, to remit all damages accruing, or which may hereafter accrue on the several balances due from the respective sheriffs and collectors of the public taxes in this Commonwealth, prior to the first day of November one thousand seven hundred and eighty-nine, upon the payment thereof into the public treasury, on or before the first day of May next, and the said sheriffs and collectors are hereby authorised to discharge their respective balances in the same manner as they could have paid the same by the laws under which they were collected. Provided, that it shall not be lawful for the executive to remit any damages arising on any of the balances aforesaid, which shall not be discharged by the said first day of May next. | The executive authorised to remit the damages on certain balances due from the sheriffs. |
| CHAP. XLIII. | ||
| ||
| (Passed the 18th of December, 1789.) | ||
| SECT. 1. BE it enacted by the General Assembly, That upon the future examination of the land-office, no original warrant shall be burnt or otherwise destroyed, but be regularly filed in the land-office with the title papers. | Land warrants, to be preserved and filed in the land office; | |
| SECT. 2. And be it further enacted, That no original platt and certificate of survey, once received and carried into grant, shall thereafter be delivered out of the land-office, but shall remain amongst the other evidences of the title. | Original plats, &c. of surveys, to be preserved, amongst other evidences of the title. | |
| CHAP. XLIV. An act for appropriating a farther sum of money for building the Capitol. (Passed the 19th of December, 1789.) | ||
| SECT. 1. BE it enacted by the General Assembly, That out of the monies to be collected for the taxes which became due on the first of November one thousand seven hundred and eighty-eight, and also from any surplusage that may arise from the duties on tobacco exported, the sum of four thousand pounds shall be appropriated and applied to the purpose of building a pediment roof on the capitol, to be covered with lead; to the paving the portico and general court room, and such other parts of the capitol, as the directors of the public buildings shall deem most necessary to be immediately done. | Sum of money appropriated for building the Capitol, | |
| SECT. 2. The auditor of public accounts shall, upon orders from the executive, issue his warrants to the directors of the public buildings shall deem most necessary to be immediately done. | ||
| SECT. 3. In case the funds for the payment of the said sum of money should not be sufficiently productive in time, the deficiency shall and may (at the discretion of the executive) be borrowed from other funds. | If the fund should not be productive in time, to be borrowed from others. |
| CHAP. XLV. An act to amend the act for preventing the farther importation of slaves. (Passed the 17th of December, 1789.) | |
| SECT. 1. WHEREAS it hath been represented to the present General Assembly, that many persons who have migrated into this state, and have become citizens of this Commonwealth, have failed to take the oath within the time prescribed by the act, intituled "An act for preventing the farther importation of slaves," and that such failure proceeded from their being strangers to the laws of this state, at the time of such removal, and it is reasonable, that they should be exonerated from the pecuniary penalties, to which they are liable in consequence of such failure: Be it therefore enacted by the General Assembly, that all persons who have so removed into this state may take the oath aforesaid, on or before the first day of June, in the year of our Lord one thousand seven hundred and ninety, and the taking thereof shall be as effectual to exonerate them from the pecuniary penalties of the said recite act, as if it had been taken within ten days after the removal of every such person as aforesaid into this state, and that the time in future be extended to sixty days: | Preamble. When persons heretofore migrating to this commonwealth with slaves, may take the necessary oaths; |
| SECT. 2. And for perpetuating the certificates of such oath, Be it further enacted, That where any person hath taken or shall hereafter take the oath prescribed by the said recited act, that the certificate thereof may be lodged with the clerk of the court of the county where such person resides, who shall enter the same of record, and if required, grant a copy thereof, which shall be as valid and effectual as the original thereof; any law to the contrary notwithstanding. | Certificate of the taking such oaths to be recorded. Copy thereof as effectual, as the original. |
| CHAP. XLVI. An act concerning awards. (Passed the 17th of December, 1789.) | |
| SECT. 1. BE it enacted by the General Assembly, That it shall and may be lawful for all merchants, and traders, and others desiring to end any controversy, suit or quarrel, for which there is no other remedy but by personal action or suit in equity, by arbitration, to agree, that their submission of the suit to the award or umpirage of any person or persons should be made a rule of any court of record which the parties shall chuse, and to insert such their agreement in their submission or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons; which agreement being so made and inserted in their submission or promise or condition of their respective bonds, shall or may upon producing an affidavit thereof made by the witnesses em in the court, of which the same is agreed to be made a rule, and reading and filing the said affidavit in court, be entered in the proceedings of such court, and a rule shall be made thereupon by the said court, that the parties shall submit to and finally be concluded by the arbitration or umpirage, which shall be made concerning them by the arbitration or umpire pursuant to such submission. | A submission to arbitration may be made a rule of any court of record; |
| SECT. 2. And the award made in pursuance of such submission may be entered up as the judgment or decree of the court, and the same execution or process may issue thereupon as on other judgments or decrees, and the court shall not as on other judgments or decrees, and the court shall not invalidate such award, arbitrament or umpirage unless it be made appear to such court, that such award, arbitrament or umpirage was procured by corruption or other undue means, or that there was evident partiality or misbehaviour in the arbitrators or umpires or any of them. And any award, arbitrament or umpirage procured by corruption or other undue means, or where there shall have been such evident partiality or misbehaviour as aforesaid, shall be deemed and judged void and of no effect, and accordingly set aside by the court in which the submission shall be made, so as complaint of such corruption or undue means or evident partiality or misbehaviour as aforesaid be made before the | Awards to be entered as the judgment of such court; and
execution issued thereon; For what conduct of the arbitrators or umpire, such award may be set aside, When complaint must be made thereof; |
| end of the second court of quarter sessions in the case of a county court, or at the end of the second term of any other court next after such award, arbitrament or umpirage be made and returned to such court. | ||
| SECT. 3. Provided nevertheless, That nothing herein contained shall be construed to take away from courts of equity their power over awards, arbitraments or umpirages. | Not to affect the power of courts of equity over awards. | |
| CHAP. XLVII. | ||
| ||
| (Passed the 17th of December, 1789.) | ||
| SECT. 1. BE it enacted by the General Assembly, That it shall be the duty of the executive to superintend the several offices of the treasurer, auditor and solicitor, and to arrange the same from time to time, as to them shall seem necessary: For this purpose a committee consisting of three members of the council, shall visit and examine the said offices once in every three months at least, or oftener, if it shall appear expedient, to the end that proper checks may be provided in the said public offices, or any of them, and they shall report to the governor, to be by him laid before the council, the state of the books and papers to the said offices belonging, and what changes or additions shall in their judgment be proper, for conducting the business. | The duty of the executive, in superintending the treasurer's,
auditor's and solicitor's offices, Committee of, to visit and examine them; | |
| SECT. 2. All instructions given by the executive in pursuance of the powers hereby vested in them shall be executed, any law to the contrary notwithstanding. | Their instructions to be pursued. |
| CHAP. XLVIII. An act to empower county courts in certain cases to qualify collectors of taxes. (Passed the 18th of December, 1789.) | |
| SECT. 1. WHEREAS by an act passed this present General Assembly, intituled "An act authorising deputy sheriffs in case of the death of their high sheriffs to collect and distrain for arrearages of taxes," the power of collecting the arrears of taxes in any county on the death of the high sheriff, is confined to the deputies of such high sheriff, is confined to the deputies of such high sheriff only, and it hath become probable from an event which hath happened since the passing of the said act, that such taxes may remain uncollected unless provision be made for the same, in case of the death of the under sheriffs also, Be it enacted by the General Assembly, that it shall be lawful for the county courts within this Commonwealth, to qualify any person or persons for the purpose of completing the collection of taxes in any county where the sheriff and his deputy shall die before such collection be completed, and the person or persons so appointed shall have the same power in all respects for collecting such arrears as the high sheriff would have had. But the acting executors or administrators of such high sheriff and deputy sheriff, if any such there be at the time of such appointment, shall be summoned by order of the said court to shew cause, if any they can, against the person whom the said court shall nominate. | Preamble, County courts to appoint collectors of taxes, in case of the death of the sheriff and his deputies; Their executors, &c. to be summoned, to shew cause if they can, against the persons nominated; |
| SECT. 2. The person or persons so appointed shall in all respects be subject to the same penalties for any neglect of duty or failing to account for and pay to the person or persons authorised to receive the money by him or them so collected, and may be proceeded against by such executors or administrators in the same manner as deputy sheriffs are liable to, and may be proceeded against by their principals. | Penalty on such collectors for neglect of duty; Mode of proceeding against them. |
| Pages 22-46
| Pages 66-86
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