Pages 87-109
|  Pages 133-153
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| Pages 87-109
| Pages 133-153
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| AT A GENERAL ASSEMBLY, | |||
|
Beverley Randolph, Esq. Governor. | ||
 CHAP. I. An act concerning the Taxes of the year one thousand seven hundred and ninety. (Passed the 28th of December, 1790.) | |||
| SECT. 1. BE it enacted by the General Assembly, That the taxes on lands, slaves and other property, enumerated by this act, which became due on the first day of November, one thousand seven hundred and ninety, shall and may be discharged by making payment thereof, at the rates and proportions herein after mentioned, viz. on lands, for every hundred pounds value, agreeably to the equalizing law, the sum of seven shillings and sixpence; for all slaves above the age of twelve years, the sum of two shillings and sixpence each; except such as have been or shall be exempted by the respective county or corporation courts; for every stud horse, the price at which such horse covers a mare the season; for all other horsed, mules, mares and colts, sixpence each; for all ordinary licenses forty shillings each; for all billiard tables fifteen pounds each; for all lots and houses in towns one and a quarter per cent. on the rents thereof, to be ascertained in the manner prescribed by the act: "Imposing new taxes;" for each coach, chariot or post-chaise, at the rate of nine shillings for each wheel; for all other riding carriages with four wheels, six shillings | Rates at which the taxes of 1790 may be discharged. |
| for each wheel; for all other riding carriages with two wheels, three shillings for each wheel. | |
| SECT. 2. Provided always, That no tax shall be collected on lands, lots, houses or other property belonging to this Commonwealth, or to any county, town, college, houses for divine worship, or seminary of learning. | Certain lands exempted from taxes. |
| SECT. 3. And be it further enacted, That so much of all and every act or acts as imposes a tax on deeds, wills and administrations, shall be, and the same is hereby repealed. | No taxes payable on deeds, wills and administrations. |
| SECT. 4. All sheriffs and collectors of public revenue, are required in the collection and receipt of the above mentioned taxes, to govern themselves accordingly and where more than the amount aforesaid hath been received, to restore the surplus thereof to the person or persons entitled thereto. | |
| SECT. 5. No distress shall be made for any tax which became due on the first day of November, one thousand seven hundred and ninety, until the first day of May, one thousand seven hundred and ninety-one. | Taxes of 1790 when to be distrained for; |
| SECT. 6. All the taxes aforesaid shall be accounted for and paid in the same manner and under the same penalties, as the laws under which they respectively arise, prescribe, (except that they shall be collected in specie only) and may be accounted for and paid into the public treasury at any time before the first day of October, one thousand seven hundred and ninety-one. | In what payable; and when to be accounted for. |
| SECT. 7. Nothing herein contained shall be construed to affect any arrearages of taxes which became due prior to the first day of November, one thousand seven hundred and ninety; but the same shall be collected, accounted for and paid in like manner as if this act had not been made, except only, that all taxes and arrears of taxes may be paid into the public treasury by the several sheriffs and collectors, without rendering any account thereof to the several county and corporation courts respectively, any law to the contrary notwithstanding. | Arrearages of taxes, how to be collected and accounted for. |
| SECT. 8. So much of every act as comes within the purview of this act, shall be and the same is hereby repealed. | |
| SECT. 9. This act shall commence and be in force from and after the thirty-first day of December, one thousand seven hundred and ninety. | When this act commences. |
| CHAP. II. An act to repeal in part certain laws of Revenue. (Passed the 28th of December, 1790.) | |
| SECT. 1. Be it enacted by the General Assembly, That so much of any act or acts of Assembly as authorises the several sheriffs or collectors of the public revenue, to receive warrants in payment of any of the revenues of the year one thousand seven hundred and ninety; and so much of any act or acts of Assembly as authorises the treasurer to pay any of the warrants issued, or which shall be hereafter issued for the interest on the military certificates, loan-office certificates, and certificates for paper money funded, or any warrants charged, or which may be charged on the aggregate fund, from the money arising from any of the said revenues to the year one thousand seven hundred and ninety, shall be and the same is hereby repealed. | No warrants receivable in discharge of the taxes of 7790 −− Certain warrants not to be paid out of the revenue of 1790, |
| SECT. 2. Provided always, That the said warrants for interest on the military certificates, on the loan-office certificates, and certificates for paper money funded, and all warrants now charged, or which hereafter shall be charged on the aggregate fund, shall be receivable in payment of all arrearages of the taxes which became due before the first day of November, one thousand seven hundred and ninety, on lands, slaves, lots and houses, horses, mares, colts, mules, coaches, chariots, post-chaises, phætons, chairs, and other riding carriages, on ordinary licenses, and billiard tables; any act or part of an act to the contrary notwithstanding. | but receivable in discharge of certain arrearages of taxes. |
| SECT. 3. This act shall commence in force on the first day of January, one thousand seven hundred and ninety-one. | When this act commences. |
| CHAP. III. | ||
| ||
| (Passed the 16th of December, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That so much of the act of Assembly passed in the year one thousand seven hundred and eighty-six, intitled "An act imposing new taxes;" and of every other act or acts, which impose a tax on the clerks of courts in this state or appropriates certain portions of the fees of such clerks and enforces the payment thereof, shall be and the same is hereby repealed. | The act imposing new taxes repealed in part. | |
| SECT. 2. Nothing herein contained shall be construed so as to affect the payment of any arrearages due from any clerks of courts before the passing of this act, but the same may be demanded, prosecuted for, and recovered, in like manner as if this act had never been made. | ||
| SECT. 3. And be it further enacted, That all persons who shall be chargeable with any tobacco fees due to clerks, may discharge the same, either in tobacco or specie, at the rate of ten shillings and five pence per hundred upon the gross tobacco: | Rate at which tobacco for clerk's fees may be discharged. | |
| SECT. 4. So much of the act, intituled "An act for reducing the several acts of Assembly concerning surveyors into one act, and for paying clerks and other officers fees" as comes within the purview of this act, shall be, and the same is hereby repealed. | An act concerning surveyors repealed in part. | |
| SECT. 5. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and ninety-one. | When this act commences. | |
| CHAP. IV. An act to repeal part of the act imposing new Taxes. (Passed the 20th of December, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That so much of the act, intituled "An act imposing new | The act imposing new taxes repealed in part. |
| taxes," as imposes a tax on attornies, merchants, physicians, surgeons and apothecaries, shall be, and the same is hereby repealed. | ||
| SECT. 2. Nothing herein contained, shall be construed in any manner to affect the payment of any arrearages of taxes heretofore imposed on attornies, merchants, physicians, surgeons and apothecaries, but the same may be demanded, prosecuted for, and recovered in like manner as if this act had never been made. | ||
| SECT. 3. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and ninety-one. | When this act commences. | |
| CHAP. V. | ||
| ||
| (Passed the 27th of December, 1790.) | ||
| SECT. 1. BE it enacted by the General Assembly, That so much of all and every act and acts as directs the sale of any lands for the payment of the tax thereon, shall be, and the same is hereby repealed. | Parts of certain acts repealed. | |
| SECT. 2. And be it further enacted, That each sheriff or collector of the taxes within this commonwealth, shall at the time he returns a list of other insolvents, return a list of the lands within his county or corporation, where he cannot find effects within the same belonging to the owner or tenant thereof, sufficient to satisfy and pay the tax. And if the court shall be satisfied of the truth thereof, they shall admit the sheriff or collector to make oath thereto, and direct the same to be certified to the auditor of public accounts, together with the names of the owners of each tract of land, and the place of his or her abode, where the court can obtain such information. | Duty of the sheriffs when the tax on land, cannot be collected;
Of the county courts; | |
| SECT. 3. The auditor shall credit the same in account for the land tax with such sheriff or collector. And where it shall appear to the auditor from the certificates of the county courts, or where he shall be satisfied from | of the auditor. |
| any other information that any person so chargeable with any of the said taxes resides, or hath any slaves or personal property in some other county of this commonwealth, than that in which such land may lie, he shall certify the amount of the land tax with which such person is or shall be chargeable to the sheriff or collector of the county in which such person may reside, or have slaves or personal property as the case may be, and shall debit such sheriff or collector with the amount of the taxes so transmitted to him, who may make distress for the same, and shall be accountable therefor in the like manner as for other taxes of his county. | |
| SECT. 4. A list of these insolvents, with the amount of the tax due from them respectively, shall be furnished by the clerk of the court to the collector of the tax for the succeeding year, and he shall also transmit a copy thereof to the auditor of public accounts, who shall debit the sheriff or collector therewith, and such sheriff or collector shall distrain and account for the same in like manner as for other taxes. And in case the said taxes cannot be collected the succeeding year, the like return upon oath shall be made, as is herein before prescribed; and thereupon the treasurer shall cause to be inserted in the Virginia Gazette, for three weeks successively, the names of such delinquents, with the quantity of land, the situation thereof, and the taxes due thereon. | Of the clerks of the county courts, And of the treasurer. |
| SECT. 5. And be it further enacted, That in case the tax on any tract of land within this commonwealth shall not be paid for the space of three years, the right to such lands shall be lost, forfeited and vested in the commonwealth; and it shall be lawful for any person to acquire a title to any land so forfeited, in the manner prescribed for acquiring titles to waste and unappropriated lands within this commonwealth, on the eastern waters, by an act, intitled "An act to dispose of the waste and unappropriated lands in the commonwealth of Virginia, on the eastern waters." | When land shall be forfeited for non-payment of the taxes; How a right thereto may be acquired. |
| SECT. 6. Provided always, That nothing herein contained shall affect the rights of infants, femes covert, or non compos mentis who shall be allowed three years to save the same from forfeiture after such disability be removed. | Exception in favor of certain persons. |
| SECT. 7. And where any tenant shall be distressed for the taxes due from the proprietor of the land, he shall have credit for the same against such proprietor out of | Tenant paying the tax to be credited in the rent. |
| the rents he may owe him, but this act shall not be construed to destroy or impair any contract, by which the tenant may be bound to pay the said land tax, or any part thereof. | |
| SECT. 8. And be it further enacted, That the sheriffs and collectors who have failed to complete their collections, shall conform to the rules and regulations prescribed by this act. Any law to the contrary thereof notwithstanding. | Sheriffs collecting arrears to conform to this act. |
| SECT. 9. This act shall commence and be in force on the first day of January, one thousand seven hundred and ninety-one. | When this act commences. |
| CHAP. VI. An act remitting certain militia fines, and for other purposes. (Passed the 25th of December, 1790.) | |
| SECT. 1. WHEREAS doubts have arisen since the adoption of the federal constitution, whether the several acts of this commonwealth concerning the militia are in force, in consequence whereof great inequalities have prevailed in the operation of the said laws, in the several counties in this state; In order, therefore, to remove such doubts, and render the operation of the said laws in future, more equal and uniform; | Preamble. |
| SECT. 2. Be it enacted by the General Assembly, That the several acts "For regulating and disciplining the militia, and for guarding against invasions and insurrections," shall be, and the same are hereby declared to be in force until the Congress of the United States shall pass a law or laws upon this subject. | Militia laws declared to be in force. |
| SECT. 3. And be it further enacted, That all militia fines imposed since the adoption of the federal constitution, shall be and the same are hereby remitted: and where any fines have been imposed and not yet collected, the same shall not be received by the officer or officers appointed to collect the same; where fines have been collected and not actually applied as the law directs, the same shall be refunded to the persons respectively, or | Militia fines imposed, since a certain day remitted; |
| their legal representatives, from whom they were collected, and where such fines have been collected and actually applied as the law directs, the persons from whom the same were collected, or their legal representatives, shall be refunded a like sum out of the first militia fines, which may be hereafter collected; any thing in any law to the contrary hereof notwithstanding. | |
| SECT. 4. And be it further enacted, That it shall be the duty of the county-lieutenants, or commanding officers of the militia in each county, to give orders and take necessary measures for carrying this act into full effect. | |
| SECT. 5. Provided always, That nothing herein contained, shall be construed to remit any fines imposed upon the militia of the district of Kentuckey, or in the senatorial district of Monongalia. | Excepting those imposed in certain districts. |
| CHAP. VII. An act for amending the acts concerning the court of appeals. (Passed the 25th of October, 1790.) | |
| SECT. 1. BE it enacted by the General Assembly, That instead of the twentieth of June and the twentieth of November, the court of appeals shall henceforth be holden on the first day of June and the first day of November in every year, or when that shall happen to be Sunday, on the succeeding day, and shall sit each time until the business depending before them shall be dispatched. | Sessions of the court. |
| SECT. 2. Whensoever, a summons shall issue to the judge of the high court of chancery, or to the judges of the general court, as directed by "An act for amending the acts concerning the court of appeals," passed in the year one thousand seven hundred and eighty-nine, the same shall require their attendance on the first day of the following session, of the court of appeals. | Judges summoned, to attend on the first day of the term; |
| SECT. 3. Each judge attending in consequence of such summons, shall in open court take an oath to do his duty as a judge of appeals in the case or cases on which he | Oaths to be taken by them. |
| is summoned, impartially and truly without favor or affection, which oath shall be administered by the eldest sitting judge, and shall then be administered to him, if he shall not before have qualified as a judge of the court of appeals, by one other of the judges. | ||
| CHAP. VIII. | ||
| ||
| (Passed the 21st of December, 1790.) | ||
| BE it enacted by the General Assembly, That from and after the first day of April, one thousand seven hundred and ninety-one, cut silver coin shall be received into the public treasury at the rate of six shillings and eight pence an ounce, and not otherwise; any law or part of a law to the contrary notwithstanding. This act shall continue in force two years and thereafter, until the end of the next session of assembly and not longer. | Rate at which specie is to be received at the treasury. | |
| CHAP. IX. | ||
| ||
| (Passed the 25th of November, 1790.) | ||
| SECT. 1. WHEREAS by the indisposition of some of the judges of the court of appeals, and other accidents, it hath happened that only two of them met on the first day of the present term, who adjourned the court 'till next day, and then members sufficient to constitute a court attending, they have continued the adjournment from day to day, without proceeding to other business, doubts having arisen whether the said adjournment legally | Preamble. |
| authorized the court, to proceed in their present session; to remove which doubts and prevent delay in the administration of justice, Be it enacted by the General Assembly, that the aforesaid adjournment by the two judges on the first day of the present term of the said court, shall be sufficient to authorize the court to proceed in the business of their session in the same manner, and shall be as effectual to every other intent and purpose, as if the same had been made by a full court. | Adjournment on the first day of a certain term declared sufficient. | |
| SECT. 2. And to prevent the like inconvenience for the future, Be it further enacted, That if a sufficient number of judges to constitute a court shall not attend on the first day of any term of the said court of appeals, it shall be lawful for an one judge thereof to adjourn the court from day to day for four days successively, or until a sufficient number shall attend; and if that shall not happen before four of the clock on the fourth day, then the court shall stand adjourned, and all suits depending therein continued to the next court. And if during any session, after a court shall have been constituted, three judges shall not attend to make a court, there shall be no discontinuance of the term, but the court shall stand adjourned from day to day 'till a sufficient number shall attend, provided that shall happen in four days; and if it does not, then the term and suits shall stand adjourned to the next court as before directed. | Regulations respecting adjournments in future. | |
| CHAP. X. | ||
| ||
| (Passed the 8th of November, 1790.) | ||
| WHEREAS the act of Assembly passed in the year of our Lord one thousand seven hundred and eighty-five, intituled "An act to repeal an act intituled an act concerning entries and surveys on the Western waters, and for other purposes," which was continued by a subsequent act, will expire during the present session of Assembly, and it is expedient, that the same should be further continued; | Preamble. |
| Be it therefore enacted by the General Assembly, That the further time of two years shall be allowed to the owners of entries on the Western waters, to comply with the requisitions of the above recited act, during which time, no such entry shall be forfeited. | Entries on the Western waters when to be surveyed. |
| CHAP. XI. An act for granting relief to certain persons migrating into this State. (Passed the 17th of December, 1790.) | |
| WHEREAS it hath been represented to this 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 intitled "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 therefor 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 October one thousand seven hundred and ninety-one, and the taking thereof shall be as effectual to exonerate them from the pecuniary penalties of the said recited act, as if it had been taken within the time prescribed by law. Any law to the contrary thereof notwithstanding. | Preamble. Oaths to be taken by persons bringing slaves into the state. |
| CHAP. XII. An act concerning the High Court of Chancery. (Passed the 21st of December, 1790.) | |
| SECT. 1. BE it enacted by the General Assembly, That so much of the act intituled "An act for amending the | Sessions of the court. |
| several acts of the General Assembly, concerning the High Court of Chancery," as directs the said court to set on the first, or when that shall happen to be a Sunday, on the second day of August in each year, shall be and the same is hereby repealed. | |
| SECT. 2 And be it further enacted, That the sessions of the said court directed to be holden on the first, or when that shall happen to be a Sunday, on the second day of March in every year, shall henceforth continue for eighteen juridical days successively, unless the business therein depending shall be sooner dispatched. | |
| SECT. 3. And whereas inconveniencies have been experienced in the remote parts of this state from the regulation of the high court of chancery, which authorises a decree, unless the defendants answer shall be filed within three months after the bill filed, and the subpœna served; Be it therefore enacted, That in suits in the said court, no bill shall be taken for confessed for want of an anser after a subpœna served, until an attachment shall be returned served on the defendant, or that a copy thereof hath been left at his or her usual place of abode or last residence. | When bills may be taken for confessed. |
| CHAP. XIII. An act to amend the act, intituled "An act directing the course of descents." (Passed the 24th of December, 1790.) | |
| SECT. 1. BE it enacted by the General Assembly, That whensoever any lands shall descend from a person dying intestate to two or more heirs, any one of whom shall be an infant, feme covert, non compos mentis or beyond sea, and the dividend of each heir shall not exceed the value of thirty pounds in the opinion of any court herein after mentioned, it shall be lawful for the high court of chancery, or the court of the county or corporation in which such lands or the greater quantity of them lieth, to direct the sale of the said lands, and the distribution of the money arising therefrom, according to the rights of each claimant: | When lands of an intestate may be sold; |
| Provided always, That each heir residing within this Commonwealth, shall be first duly summoned to shew cause, if any he can, against such sale; and where any heir shall reside without this Commonwealth, the Court shall make an order for publication, which order being inserted in the Virginia Gazette for eight weeks successively, shall be considered a summons. | |
| SECT. 2. Where one or more slaves shall descend from a person dying intestate, and an equal division thereof cannot be made in kind, on account of the nature of the property, it shall be lawful for the high court of chancery, or the court of the county or corporation, by which the administration to the estate of the intestate was granted, to direct the sale of such slave or slaves, and the distribution of the money arising therefrom ,according to the rights of each claimant. Provided always, That each claimant shall be first duly summoned to shew cause, if any he can, against such sale. | When slaves of an intestate may be sold. |
| SECT. 3. Where an infant shall die without issue, having title to any real estate of inheritance derived by purchase or descent from the father, the mother of such infant shall not succeed to or enjoy the same or any part thereof, by virtue of the above recited act, if there by living any brother or sister of such infant, or any brother or sister of the father, or any lineal descendant of either of them. Saving however, to such mother any right of dower which she may claim in the said real estate of inheritance. | Course of descent in certain cases. |
| SECT. 4. Where an infant shall die without issue, having title to any real estate of inheritance, derived by purchase or descent from the mother, the father of such infant shall not succeed to or enjoy the same or any part thereof by virtue of the said recited act, if there by living any brother or sister of such infant, or any brother or sister of the mother, or any lineal descendant of either of them; saving however, to such father the right he may have as tenant by the curtesy in the said estate of inheritance. | |
| SECT. 5. In making title by descent in any suit whatsoever, it shall be no bar to a party, that an ancestor, through whom he derives his descent from the intestate, is, or hath been an alien. | Alienage of an ancestor no bar in a title by descent. |
| SECT. 6. One parcener may maintain as action of waste against another, but no parcener shall have or possess any privilege over another in any election, division | Rights of parceners. |
| matter to be made or done, concerning lands which shall have descended to them. | ||
| SECT. 7. So much of all acts as comes within the purview of this act, and particularly of the act intitled "An act directing the course of descents," shall be and the same is hereby repealed. | ||
| CHAP. XIV. | ||
| ||
| (Passed the 8th of November, 1790.) | ||
| SECT. 1. WHEREAS the law authorizing the register of the land-office to receive into his office plats and certificates of surveys, that have been or shall be made, will expire on the last day of December one thousand seven hundred and ninety, and it is represented to this General Assembly, that many persons throught unavoidable accidents have been prevented from returning their plats and certificates aforesaid to the register of the land office, whereby their lands may be forfeited: For remedy whereof, Be it enacted by the General Assembly, That the further time of nine months after the passing of this act, shall be allowed for returning the same, within which time the register of the land office or his deputy, shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such lands shall not be considered as forfeited, or liable to forfeiture on that account. | Preamble. When certificates of surveys on the Western waters must be returned. | |
| SECT. 2. And whereas the act of Assembly passed in the year one thousand seven hundred and eighty-six, intitled "An act for reviving, continuing and amending an act, to revive and amend in part an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights and for other purposes," which was continued by a subsequent act, will expire on the thirty-first day of December one thousand seven hundred and ninety, and it is |
| expedient, that the owners of entries and surveys on the Eastern waters should be allowed a further time to comply with the requisitions of the said act. Be it therefore enacted by the General Assembly, That so much of the said recited act, as relates to the entries and surveys of land on the Eastern waters shall continue and be in force until the thirty-first day of May, one thousand seven hundred and ninety-one. | Entries and surveys on the Eastern waters. | |
| CHAP. XV. | ||
| ||
| (Passed the 27th of December, 1790.) | ||
| WHEREAS the General Assembly of Maryland have acceded to a proposition of the General Assembly of this Commonwealth contained in their resolution of the tenth day of December one thousand seven hundred and eighty-nine, concerning an advance of money to the general government to be applied towards erecting public buildings at the permanent seat of the government of the United States, should the Congress deem it expedient to fix it on the bank of Patowmack; and whereas Congress have passed an act for establishing the said seat of government on the Patowmack: Be it enacted by the General Assembly, That one hundred and twenty thousand dollars shall be advanced by this Commonwealth to the general government payable in three equal yearly payments, and to be applied towards erecting public buildings at the permanent seat of the government of the United States on the bank of Patowmack: And the auditor of public accounts is hereby directed to issue his warrants on the treasurer to the amount of one hundred and twenty thousand dollars payable in manner herein before directed, to the order of the President of the United States. | Preamble. Sum of money to be advanced for public buildings at the Federal seat of government. |
| CHAP. XVI. | ||
| ||
| (Passed the 25th of December, 1790.) | ||
| SECT. 1. WHEREAS doubts have arisen whether the commissioners of the tax in the several counties in this state are not entitled to twenty pounds under the law for equalizing the land tax, and also to six shillings a day for their services under the act intitled "An act to amend the act intitled an act for ascertaining certain taxes and duties and for establishing a permanent revenue," for removing which doubts, Be it enacted, That in future the commissioners shall be intitled to six shillings per day from the Commonwealth for their public services, and no more. | Preamble. Allowances to commissioners of the taxes for public services; | |
| SECT. 2. The commissioners shall in future be allowed two shillings and six pence for every alienation or division of lands noted by them in their books and no more. Any law to the contrary notwithstanding. | For noting alienations, &c. in their books; | |
| SECT. 3. And be it further enacted, That the court of each city and corporation shall make such allowance to the clerk for his services which have or may be performed under the last recited act, as they shall think reasonable, which shall be levied on the tithables within the same. | To the clerks of city and corporation courts. | |
| SECT. 4. It shall be the duty of the general court at their next session to judge and determine whether under the laws then in force, the said commissioners were entitled to receive from the public the sum of twenty pounds annually; and if the court shall determine that they were not intitled to the said sum of twenty pounds, the auditor shall withhold any warrants in future from those commissioners who have not yet drawn the same; And further, in case of such determination of the court, the executive are hereby directed and required to use all legal means for the recovery of the money which hath been so paid to such commissioners or their assigns. | General court to determine question respecting the allowance to the commissioners. |
| CHAP. XVII. An act concerning Sheriffs and Collectors of the Public Revenue. | |
| SECT. 1. BE it enacted by the General Assembly, That the executive shall and they are hereby authorised and required upon application to them made, to remit all damages accruing on any judgment which hath been obtained, or balance due against any sheriff or collector of the public revenue, or their security or securities, for taxes due prior to the first day of October, one thousand seven hundred and ninety: Provided that such sheriff or collector, or their security or securities making application as aforesaid, shall produce to the executive a full statement of his or their account or accounts, accompanied with a receipt or receipts from the auditor of public accounts, for the principal sum due on such judgment, together with the legal interest due thereon, and costs on or before the first day of May next. | The executive authorized to remit damages on judgments against sheriffs. |
| SECT. 2. And be it further enacted, That no petition or petitions shall in future be received from any sheriff or collector of the public revenue, or their security or securities, or from any person or persons directly or indirectly in their behalf, unless such sheriff or collector shall previous to such application, advertise at the door of his courthouse on one court day at least, a list of the persons in arrears for taxes in his county, together with the balances due from such persons respectively, making oath to the same before the court of the county in which he or they respectively reside, which oath shall be committed to record, and list filed in the clerk's office, and the said sheriff or collector shall produce an attested copy of such advertisement, together with copies of the list and certificate aforesaid, signed by the clerk of his or their respective county courts. | Regulations respecting petitions from sheriffs. |
| CHAP. XVIII. | ||
| ||
| (Passed the 27th of December, 1790.) | ||
| WHEREAS the act of Assembly, intitled "An act directing the mode of proceeding under certain executions," will expire on the fourth day of January, one thousand seven hundred and ninety-one; Be it enacted by the General Assembly, That the said recited act, and one other act of Assembly, intitled "An act to amend the act directing the mode of proceeding under certain executions," shall be revived and continued from and after the said fourth day of January, one thousand seven hundred and ninety-one, for and during the term of twelve months. Any thing in any law to the contrary notwithstanding. | Preamble; Two acts respecting proceedings on executions continued. | |
| CHAP. XIX. An act concerning the Hospital for the reception of persons of unsound mind. (Passed the 16th of December, 1790.) | ||
| SECT. 1. Be it enacted by the General Assembly, That it shall be lawful for the court of directors of the Hospital for the reception of persons of unsound mind, to cause to be constructed three additional cells to the said hospital, and also to have such outhouses erected, as may appear to them necessary. And the auditor of public accounts is hereby directed to grant to the said court of directors, a warrant on the treasurer for any sum of money not exceeding one hundred pounds, to be paid out of any public money in his hands, for the purpose of defraying the expences of constructing and erecting the same. | Cells and out-houses to be erected. |
| SECT. 2. And be it further enacted, That when any insane person, shall hereafter be removed to the said hospital, the justices before whom such person shall be examined, shall cause a certificate of the estate of such insane person (if any there be) and of the probable annual profits arising therefrom to be sent to the said directors, together with the proceedings directed by law to be forwarded in every such instance of removal, and shall also certify such removal and the insane's estate to the next court to be holden for the county, city or borough whence such removal was. On receipt of such certificate it shall be lawful for the said court of the county, city or borough as aforesaid, to appoint a committee into whose hands shall be committed such insane's estate for the safe keeping and good management thereof; which committee shall have power to sue for, and recover all debts due to and be liable to be sued for all debts due from such insane person, in the same manner as executors to deceased persons are or may be, and out of the profits of such insane person's estate, the said court may direct to be defrayed, the expences attending as well the removal as the annual support of every such person whilst remaining in the said hospital, to be paid to the said court of directors: Provided nevertheless, That such court may allow a reasonable support to the family of such insane person (if any he hath) out of his estate, so that neither the expences attending such insane person, nor the allowance to his family, shall defeat the claims of the creditors of such insane person. | Certificates of the estate of persons insane to be sent with
them; Committees to be appointed to manage their estates. Their powers. Profits of insane's estates, how to be applied. |
| SECT. 3. Upon the appointment of any such committee by any county, city or borough court, such court shall take bond with good security in a sufficient penalty, for the true and faithful performance of the trust thereby reposed, and in case of failure in the examining justices to perform the duties by this act enjoined, or in any such court to appoint such committee as aforesaid, and take such bond and security as is hereby required, the justices in either case so refusing or neglecting shall forfeit and pay for every such refusal or neglect fifty pounds, to be prosecuted for and recovered by the attorney general in the name of the said court of directors for the use of the Commonwealth. | Committees to give bond and security. Penalties on justices and courts failing to appoint them. |
| SECT. 4. And be it further enacted, That in future not more than two persons shall be paid as a guard for removing any insane person to the said hospital, who shall | Guard appointed to attend insane person to the hospital. |
| have the same allowance made them for their services at is at present allowed by law to guards employed in removing criminals, and who shall be paid by the said court of directors out of the monies appropriated for the use of the said hospital. | ||
| SECT. 5. All and every act or acts of Assembly coming within the purview of this act, shall be and the same are hereby repealed. | ||
| CHAP. XX. | ||
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| (Passed the 23d of December, 1790.) | ||
| SECT. 1. WHEREAS an act passed at the last session of the General Assembly, intitled "An act concerning a new edition of the laws of this Commonwealth, reforming certain rules of legal construction, and providing for the due publication of the laws and resolutions of each session," so far as it relates to the new edition of the laws, has not been carried into effect, and it is thought expedient, that the same should be revised and amended: Be it therefore enacted by the General Assembly, That six gentlemen be appointed, whose duty it shall be, First, To prepare bills upon the subject of such British statutes, if any there be, which are suited to this Commonwealth, and have not been enacted in the form of Virginia laws: Secondly, To report what laws or part of laws, which are of a general concern, shall remain in force at the close of the next session of the General Assembly: Thirdly, To prepare bills upon the subject of such laws, as from their multiplicity ought to be reduced into single acts: Fourthly, To report what laws or parts of laws are either unfit to be continued in force, or unnecessary to be published in any code of the laws: Fifthly, To note in due order of time and report the titles of all laws which may be proper to be omitted in a general compilation of the | Preamble. Revisors appointed; Their duty; |
| laws: Sixthly, To instruct the clerk of the house of delegates, as far as it may be in their power, how to obtain for the use of his office, copies of those laws, the rolls whereof are lost. | |
| SECT. 2. And be it further enacted, That the sum of one thousand pounds shall be paid to and divided between the said gentlemen, or so many of them as shall carry the said work into effect in equal proportions. | Compensation for their services; |
| SECT. 3. And be it further enacted, That the said revisors shall make report of their proceedings to the next session of the General Assembly, and that an act passed at the last session, intitled "An act repealing part of an ordinance by which certain English statutes were declared to be in force within this commonwealth, shall be and the same is hereby continued, until the General Assembly shall have acted thereon. | Their report, when to be made. |
| SECT. 4. Be it further enacted, That the following gentlemen, viz. Edmund Pendleton, Henry Tazewell, St. George Tucker, Joseph Prentis, Arthur Lee, and William Nelson, jun. shall, and they are hereby appointed to carry into execution the duties above ascertained, and the executive are hereby authorised in case of the death, disability, or non-acceptance of all or either of the above named gentlemen, to supply such vacancy or vacancies if necessary to the completion of the work. | Names of revisors; Vacancies, how to be supplied. |
| CHAP. XXI. An act giving the compensation of half-pay to certain officers of the State Line. (Passed the 16th of December, 1790.) | |
| WHEREAS doubts have arisen whether certain officers herein after described have a right to the compensation of half pay; for the removal of such doubts, Be it enacted by the General Assembly, That the same compensation of half-pay, should be extended to those officers of the state line, who continued in actual service to the end of the war, as was allowed to the officers of the continental line; and also to those who became supernumerary, and being afterwards required, did again enter into actual service, and continue therein to the end of | Preamble. Certain state officers intitled to half-pay. |
| Pages 87-109
| Pages 133-153
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