Pages 216-239
|  Pages 262-282
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| Pages 216-239
| Pages 262-282
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| AT A GENERAL ASSEMBLY, | |||
|
Beverley Randolph, Esq. governor. | ||
 CHAP. I. | |||
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| (Passed the 2d of December, 1791.) | |||
| SECT. 1. BE it enacted by the General Assembly, That the taxes on lands, slaves, and other property, which became due on the first day of November, one thousand seven hundred and ninety-one, shall and may be discharged by making payment thereof at the like rates and proportions as were directed to be paid by an act of the last session of Assembly, intituled, "An act concerning the taxes of the year one thousand seven hundred and ninety," on the property therein enumerated; and that the like property shall be exempted from the payment of taxes, as was exempted in the said recited act. And all sheriffs and collectors of the 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. No distress shall be made for any tax which became due on the first day of November, one thousand seven hundred and ninety-one, until the first day of May, one | Taxes of 1791, at what rates they may be discharged. When to be distrained for. |
| thousand seven hundred and ninety-two. 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 and paid into the treasury in specie only] and shall be accounted for and paid into the public treasury on or before the first day of October, one thousand seven hundred and ninety-two. | When to be accounted for.
|
| SECT. 2. And be it further enacted, That the taxes on lands, slaves, and other property, shall hereafter become due on the thirty-first day of December, in every year, instead of the first day of November. | Taxes, when to become due in future. |
| SECT. 3. So much of every act as comes within the purview of this act, is hereby repealed. | Repealing clause. |
| SECT. 4. This act shall commence in force from and after the thirty-first day of December, one thousand seven hundred and ninety-one. | Commencement of the act. |
| CHAP. II. An act for appropriating the Public Revenue. (Passed the 14th of December, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That the arrearages of the revenue taxes due before the first day of November, one thousand seven hundred and ninety, except the taxes on law process, recording of wills and deeds, the seal of the commonwealth, the tax of six shillings per hogshead on tobacco, and the fees from the Register's office, shall continue to constitute the aggregate fund, and remain charged with the payment of all debts heretofore charged thereon, and shall further be charged with all warrants to be issued by the auditor of public accounts, in the year one thousand seven hundred and ninety-two, for interest on any debt due by this Commonwealth, and with all sums of money directed to be paid by any act of the present General Assembly, for which no other provision has been made. And all warrants and other facilities which have heretofore been receivable in discharge of the respective taxes, which by this act constitute the aggregate fund, and all warrants with the payment of which the aggregate fund is charged, by this | The aggregate fund; Charges thereon. |
| act, may be paid in discharge of the taxes which constitute the said fund; and the sheriffs or collectors of the revenue which constitute the said fund, shall, on payment thereof into the public treasury have credit for the same accordingly. | |
| SECT. 2. And be it further enacted, That the arrearages of the taxes on law process, recording of wills and deeds, the tax on the seal of the commonwealth, and from the register's office, which were due before the first day of November, one thousand seven hundred and ninety; all branches of revenue which arose to the commonwealth between the thirty-first day of October, one thousand seven hundred and ninety, and the first day of November, one thousand seven hundred and ninety-one; and all branches of revenue which shall arise to the commonwealth between the thirty-first day of October, one thousand seven hundred and ninety-one, and the first day of January, one thousand seven hundred and ninety-three, shall be appropriated to the support of civil government, and for the contingent charges thereof; and shall also be charged with the payment of all unsatisfied warrants charged on any of the said funds by an act of the last session of Assembly, intituled, "An act providing funds for the support of government, and for the payment of the public debts," with warrants hereafter issued for expences attending criminal prosecutions, except for guards in the several counties and corporations; for compensation for slaves executed; for the states shares in the Patowmac, James River and Dismal Swamp canal companies; for the hospital for the reception of persons of unsound mind; for erecting public buildings at the fœderal seat of government on the Patowmac, for the expences attending the arsenal at the point of Fork, and for all pensions allowed by this Commonwealth. And if the funds herein appropriated to the payment of the officers of civil government, and of warrants issued by direction of the executive for the contingent purposes thereof; on account of the states in the Patowmac, James River and Dismal Swamp canal companies; for the hospital for the reception of persons of unsound mind; for erecting the public buildings at the fœderal seat of government, on the Patowmac; for all pensions due by this Commonwealth, and all legal expences which may accrue by order of the executive, in defence of the western frontier, should not be productive early enough | Funds for the support of civil government. Charges on the revenue of 1791. Treasurer to supply deficiency in certain funds by borrowing from others. |
| for these purposes, it shall be lawful for the executive to direct the treasurer to borrow as much money as shall be deficient, out of any other funds, and to replace the same as soon as possible. The arrears due to this Commonwealth under the act "For redeeming certain certificates," shall be appropriated to the redemption of all certificates or warrants issued by the auditor of public accounts, for all liquidated claims due by this commonwealth, and for which no other provision hath been made, and all persons indebted for any arrears under the said act, may make payment thereof in any such certificates or warrants; and every sheriff or collector of the said certificate tax, on payment thereof into the public treasury shall have credit for the same accordingly. | Arrearages of certificate tax; how appropriated. | |
| SECT. 2. So much of every act of Assembly, as comes within the purview of this act, shall be and the same is hereby repealed. | Repealing clause. | |
| SECT. 3. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. | |
| CHAP. III. | ||
| ||
| (Passed the 15th of December, 1791.) | ||
| SECT. 1. WHEREAS the act of Assembly passed on the fourth day of January, in the year one thousand seven hundred and eighty-eight, intituled, "An act directing the mode of proceeding under certain executions," and one other act passed on the twenty-ninth day of December, in the year one thousand seven hundred and eighty-eight, intituled, "An act to amend the act directing the mode of proceeding under certain executions," will both expire in the month of January next, and it is judged expedient that the same should be further continued: Be it therefore enacted, That the said two above recited acts shall continue and be in force until the first day of January, one thousand seven hundred and ninety-three. | Preamble. Certain acts concerning executions continued. |
| SECT. 2. And be it further enacted, That wheresoever on a sale for cash or tobacco under any execution, the amount of such sale shall exceed the principal, interest and costs, the sheriff or other officer shall pay such excess or surplus to the debtor, his executors, administrators, or agent; and if any sheriff or other officer shall fail or refuse to pay such surplus or excess when required, such sheriff or other officer, his or their security or securities, his or their executors or administrators, shall every and each of them be liable to the like penalty and judgment in favour of the said debtor, as is prescribed and directed by law in favour of the plaintiff against the sheriff for not paying the principal, interest, and costs levied on an execution. | Surplus arising from the sale of a debtor's goods to be returned
to him; Penalty on sheriff's withholding it. |
| SECT. 3. And be it further enacted, That when a sheriff or other officer under any execution, shall receive the whole or any part of the money or tobacco for which the said execution issued, his executors or administrators shall obtain an injunction to such execution, or for any part of the money or tobacco mentioned therein, before the money or tobacco so received by such sheriff or officer is paid to the plaintiff, his agent or attorney, or his executors or administrators, in every such case, the sheriff or other officer, his executors or administrators, shall repay to the person or persons against whom such execution issued, his or their executors, administrators, or agent, the money or tobacco so received, or such part thereof as may be enjoined; and if any sheriff or other officer, his or their executors or administrators, shall fail or refuse when required, to repay such sum of money or tobacco, so received and enjoined, to the person having a right to demand the same, such sheriff or other officer and their securities, his or their executors and administrators, and every of them shall be liable to the like penalty and judgment in favor of the person, his executors or administrators, by whom the said injunction is obtained, as is directed by law in favor of the plaintiff against the sheriff for not paying money or tobacco levied on an execution. | Money levied by execution, to be returned to the defendant
obtaining an injunction; Penalty on sheriff withholding it. |
| SECT. 4. If any sheriff or other officer shall fail to deliver or return any bond taken for the forthcoming of property, by virtue of the above last recited act, within sixty days after the date thereof, to the office of the clerk of the court whence such execution issued, he shall be | Bonds for producing property on the day of sale, when to be returned. |
| liable to the same penalty for every month of such failure, and to be recovered in the same manner, as is directed by law against a sheriff or coroner failing to return an execution. | |
| SECT. 5. And whereas doubts have arisen in what manner judgment shall be rendered against any sheriff, coroner, or serjeant of a corporation, who shall fail to return an execution to the office from whence it issued on or before the return day thereof −− For a plain declaration of the law, Be it enacted, That where any writ of execution or attachment for not performing a decree in chancery shall come into the possession of any sheriff, coroner, or serjeant of a corporation, and he shall fail to return the same to the office from whence it issued, on or before the return day thereof, it shall be lawful for the court, ten days previous notice being given, upon the motion of the party injured, to fine such sheriff, coroner or serjeant of a corporation, at their discretion, in any sum not exceeding five pounds per month for every hundred pounds contained in the judgment or decree on which the execution or attachment so by him detained was founded, and so in proportion for any greater or lesser sum, counting the aforesaid months from the return day of the execution or attachment to the day of rendering judgment for the said fine. | Penalty on sheriff failing to return an execution. |
| SECT. 6. If the goods taken by any sheriff or other officer, or any part thereof, shall remain in his hands unsold, he shall make return accordingly, and thereupon the clerk of the court from whence the execution issued, shall and may, and he is hereby required, to issue a venditioni exponas to such sheriff or other office directed, whereupon the like proceedings shall be had, as might and ought to have been had on the first execution. | Venditioni exponas to be issued if goods remain unsold in sheriff's hands. |
| SECT. 7. The sheriff or other officer serving an execution, if the property be actually sold or the debt paid, shall in lieu of the commission heretofore given by law, be allowed a commission of five per centum on the first hundred pounds, or ten thousand pounds of tobacco, and two per centum on all sums above that, but where he shall have proceeded to sale, and the defendant shall have replevied, such sheriff or collector, shall be allowed only one half of such commissions. | Sheriff's commissions for serving executions. |
| SECT. 8. And be it further enacted, That if any obligor or obligors, obligee or obligees, in any twelve months replevy bond taken on any execution under the said recited | Executions on replevy bonds, how to |
| acts, or assignee of any such obligee, as the case may be, shall die before such bond [shall] be fully paid, it shall and may be lawful for the clerk of any court within this Commonwealth, upon the application and oath of the executors or administrators of any such obligee or assignee, that the amount of such bond is not discharged, to issue a writ of execution against every such obligor or obligors, his or their executors or administrators, and to indorse thereon that no security is to be taken; any law to the contrary notwithstanding. | be issued where the obligors or obligees die. | |
| SECT. 9. This act shall commence and be in force from and after the first day of January, one thousand seven hundred and ninety-two. | Commencement of the act. | |
| CHAP. IV. | ||
| ||
| (Passed the 7th of November, 1791.) | ||
| WHEREAS it hath been represented, that the time allowed by the act of the last session, intituled, "An act for giving further time to the owners of surveys, to return the plats and certificates thereof into the land-office," was not sufficient to comply with the purposes thereof; and application hath been made to this Assembly, to extend the time: Be it therefore enacted, That the further time of two years, to be computed from the expiration of the period mentioned in the said recited act, shall be allowed for returning all plats and certificates of surveys on the Western waters, and the further time of twelve months from the time of passing this act, shall be allowed for returning all plats and certificates of surveys on the Eastern waters, to the register of the land-office, who shall receive the same, and such lands shall not be considered as forfeited, or liable to forfeiture; any law to the contrary thereof notwithstanding. | Preamble. Plats of surveys on the Western waters, when to be returned; when on the Eastern waters. |
| CHAP. V. An act for the relief of Sheriffs in certain cases. (Passed the 15th of December, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That where any sheriff or collector of the public revenue, shall make it appear to the court of his county, by receipt from the auditor of public accounts, that he had paid into the public treasury the full amount of the taxes he was bound to collect before the passing of an act of the last session of Assembly, intituled, "An act to amend the act, intituled, An act to remedy abuses in the manner of selling lands for the payment of public taxes;" and also produce to the court satisfactory proof that he has not received the taxes for which he has accounted, on lands within his county belonging to persons who have no other property on which the said taxes can be levied, it shall and may be lawful for the court to authorise and direct the said sheriff or collector to sell, after due notice given, for ready money, the said lands or so much of them as will discharge the taxes [due] on them respectively as aforesaid, together with the expenses of notice and sale, Provided nevertheless, that if any of the said lands will not sell for three-fourths of their value in the opinion of the commissioners of the land tax, the same shall be sold at six months credit, the purchaser giving bond with good security for payment with interest to such sheriff or collector, which bond may and shall be of the same force, have the same effect, and be proceeded on in th same manner, as bonds taken on distress for rent. | Sheriffs empowered to sell lands where they have paid the taxes
thereon. Sales, how to be conducted. |
| SECT. 2. This act shall commence and be in force from the passing thereof, and shall continue in force for the term of two years, and no longer. | Commencement and duration of the act. |
| CHAP. VI. | ||
| ||
| (Passed the 20th of December, 1791.) | ||
| SECT. 1. BE it enacted, That the governor, with the advice of council, is hereby authorised and empowered to transmit from time to time, to the several sheriffs in their respective counties, wherein the land belonging or which may belong to the Commonwealth, may lie, and which became or will become the property of the said Commonwealth by purchase, for taxes due under the revenue laws, and which land has not been or shall not be redeemed within the time limited by law, lists of all such land as aforesaid, and the amount of taxes, costs and damages, for which the said land was subject, and demand a receipt therefor, from such sheriffs, which receipt shall be lodged in the auditor's office, have the force of a bond, and be entered in a book to be kept for that purpose. | The executive to send to the sheriffs lists of lands purchased by the public for the nonpayment of taxes. | |
| SECT. 2. The said sheriffs on the receipt of the lists aforesaid shall proceed without delay, to advertise the said lands for sale, giving as full a description of all the said land in his county, as he shall be able to obtain, and after advertising as aforesaid, two months on one or more court days in each month, at the door of the courthouse of his county, and at such other public places as he may think necessary, sell the said land, within the term of three months from the receipt of the said lists, at the times and places notified, for the best price to be got in ready money, unless the owner, his agent or friend, shall on or before the day of sale, pay up the full amount of the taxes and damages for which such land is now chargeable, and five per centum as a commission to the said sheriff: And in case of payment as aforesaid, the said sheriff shall release such land, by certificate under his land and seal, duly attested by three respectable witnesses, that the public demands as aforesaid on the said land are satisfied, and in every such case, he shall return a copy of the said certificate to the auditor, and shall also | The sheriffs to sell the said lands, unless the taxes and their commissions are paid on the day of sale; |
| so make true return of every sale or sales, and account for and pay the amount thereof into the public treasury, within two months after the last sale made, deducting therefrom a commission of five per centum only, and the necessary charges, under the same penalties as are by law inflicted for failure to make payment under the revenue law. And the auditor of public accounts shall have the same power and authority to call delinquent sheriffs herein to account, in the same manner, and have the same proceedings and remedies against them, as is had on bonds for the collection of the revenue. | and account for the money. |
| SECT. 3. And be it further enacted, That any sheriff refusing to receive the said list of lands, or to grant a receipt for the same, or failing to make due and faithful return of his proceedings, relative thereto, shall on proof thereof in any court of record within this Commonwealth, on motion of the auditor of public accounts, forfeit and pay the sum of ten pounds, and costs: Provided, such sheriff has ten days previous notice of such motion. And the said motion may be repeated during the continuance of such failure, by the auditor, on giving new notice as aforesaid, until recovery be had of double the amount of arrearages due on the land, in such lists as may be put into his hands, with interest, damages and costs of such motion or motions. | Penalty on sheriff refusing to receive the list, or failing to account for the money. |
| SECT. 4. And be it further enacted, That any sheriff making sale of the lands as aforesaid, be authorised and required on payment of the purchase money being made to him, to convey the said land in fee, to the purchaser or purchasers by one or more deed or deeds as may be necessary, and that the proper expenses attending the surveying and laying off such land, shall be paid by the said sheriff, and be allowed to him in settlement of his account. | Sheriffs to convey the land sold by them, and to be allowed the expense of surveying it. |
| SECT. 5. And be it further enacted, That where any sheriff shall heretofore have been allowed in settlement with the treasurer for any survey of the lands aforesaid, and shall not have made the said survey, that he shall cause such survey to be made when required, at his own costs, or that it shall and may be lawful for the auditor of public accounts by himself or agent, to demand and receive the said allowance; and if it shall not be paid, he may recover the amount thereof by motion, with costs, in any court of record, on ten days previous notice to any such sheriff or sheriffs, or their securities; and the | To survey the said land at their own expense, where they have been heretofore allowed for it, or to pay the amount thereof to the auditor, |
| money so refunded, the auditor shall account for and pay into the treasury, on order from the executive, who shall previously examine and certify his account to be right. | |
| SECT. VI. And be it further enacted, That whenever the lands shall be redeemed and released as aforesaid, on which no survey has been, and where the said allowance has been made to any sheriff, it shall be repaid to the owner of such land, and he shall have the same remedy against such sheriff and his securities, as is herein given to the auditor of public accounts. | or to the party in case the land is redeemed. |
| SECT. VII. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. |
| CHAP. VII. An act for the election of additional Representatives to the present Congress. (Passed the 20th of December, 1791.) | |
| SECT. 1. WHEREAS it is necessary that provision be made for the election of additional representatives to serve in Congress until the fourth day of March, one thousand seven hundred and ninety-three; Be it enacted by the General Assembly, That on the second Tuesday in February next, an election shall be held for choosing one representative to Congress for the counties of Accomack and Northampton, which shall compose one district; for the counties of Norfolk, Princess Ann, Nansemond, Isle of Wight, Surry, and Southampton, which shall compose another district; and for every other district, except the district of Kentucky, agreeably to the arrangement thereof made by the act, intitled, "An for the election of representatives pursuant to the constitution of government of the United States," one additional member shall be chosen: Provided always, That if this state shall be entitled to no more than nine additional members to Congress, that then the counties of Accomack and Northampton, shall not of themselves form a district, but shall continue annexed to the counties of Norfolk, Princess Ann, Nansemond, Isle of Wight, Surry, and Southampton. Provided also, That if this state shall be entitled to eleven additional representatives, | Preamble. Additional representatives to Congress, when to be elected; arrangement of districts. |
| in that case, the counties of Berkeley, Frederick and Shenandoah, shall form one district, and the counties of Monongalia, Ohio, Harrison, Hampshire, Hardy, Pendleton, and Randolph, shall compose another district. | ||
| SECT. 2. And be it further enacted, That the said elections shall be conducted in the same manner and under the same rules and regulations, as are prescribed by an act of Assembly, intituled, "An act for the election of representatives, pursuant to the constitution of government of the United States." | Elections, how to be conducted. | |
| SECT. 3. So much of every other act, as prescribes the time for electing representatives to serve in the Congress of the United States, is hereby repealed. | Repealing clause. | |
| SECT. 4. This act shall be in force from the passing thereof. | Commencement of the act. | |
| CHAP. VIII. | ||
| ||
| (Passed the 17th of December, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That the commissioners of the land tax, shall before the first day of August in every year, return to the courts of their respective counties or corporations, a correct account of their services, and the said courts are hereby respectively authorised and required to ascertain the time, in which the said services might have been reasonably performed; and in lieu of the allowance heretofore made, the said commissioners shall be paid by the treasurer of this commonwealth, on warrant from the auditor of public accounts, six shillings per day, agreeably to the time so ascertained by the court. | Preamble. Allowance to the commissioners. | |
| SECT. 2. So much of every act, as comes within the purview of this act, is hereby repealed. | Repealing clause. | |
| SECT. 3. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. |
| CHAP. IX. An act for amending the several laws establishing the Sinking Fund. (Passed the 15th of December, 1791.) | |
| SECT. 1. BE it enacted by the General Assembly, That the treasurer of this commonwealth shall be, and he is hereby authorised to draw the interest which shall be payable to this state by the commissioner of loans for the United States, from time to time, on account of the deficiency of the loan of the state debt, pursuant to an act of Congress, intituled, "An act making provision for the debt of the United States;" which interest shall be applied to the purchase of such public securities of this state, or of the United States, as may in the opinion of the executive, be most for the public benefit. | The interest on the deficiency of the loan of the state debt to
be received by the treasurer; how to be applied. |
| SECT. 2. The proportion of the arrearages of taxes granted in aid of the sinking fund, by an act of the session of one thousand seven hundred and eighty-nine, intituled, "An act to appropriate the public revenue," shall continue so appropriated. | Former appropriation of arrearages to the sinking fund continued. |
| SECT. 3. The agent of the sinking fund shall be entitled to receive for his services, a commission not exceeding five per centum on the nett profits to the commonwealth, from the purchases aforesaid. | The agent's commission. |
| SECT. 4. And be it further enacted, That so much of an act intituled, "An act providing a sinking fund for the gradual redemption of the public debt," and of every other act as entitles the governor, with the advice of council, to warrants for interest on certificates in the treasury, or in the sinking fund, and so much of every act, as comes within the purview of this act, shall be, and the same is hereby repealed. | No warrants to be issued for interest on certificates in the sinking fund. |
| SECT. 5. This act shall commence and be in force from and after the passage thereof. | Commencement of the act. |
| CHAP. X. An act concerning the offices of Auditor and Solicitor. (Passed the 25th of November, 1791.) | |
| SECT. 1. WHEREAS the office of solicitor will soon become unnecessary; Be it therefore enacted, That from and after the thirty-first day of December, one thousand seven hundred and ninety-one, the office of solicitor-general shall be discontinued, and thenceforward all the duties, powers and authority heretofore by law required to be exercised by the solicitor-general, shall be executed by the auditor, and all notices, motions and other proceedings which have been originated by the late solicitor, or by his successor in office, in behalf of the commonwealth against public delinquents, and all such as may be given or commenced before the first day of January, one thousand seven hundred and ninety-two, shall after that period be deemed as valid, as if such notices, motions and other proceedings had been given or commenced by the auditor under this act. | Preamble. Office of solicitor discontinued; auditor to perform his duties and to prosecute public debtors; |
| SECT. 2. Be it further enacted, That the executive may appoint, if necessary, one or more clerks to assist the auditor in the duties of the former solicitor-general, with a salary of one hundred pounds per annum to each who shall continue in office until the end of the next session of the General Assembly, unless in the opinion of the executive the said business may be sooner accomplished. | executive may appoint clerks to assist him. |
| SECT. 3. And be it further enacted, That from and after the passing of this act, the balances due for duties on imports, which heretofore were payable to the solicitor, and by him accounted for with the treasurer, shall be paid by the debtors, directly into the public treasury, having obtained a warrant from the auditor for that purpose. Any law to the contrary notwithstanding. | Balances due for duties to be paid by the debtors into the treasury. |
| SECT. 4. This act shall commence and be in force from the passage thereof. | Commencement of the act. |
| CHAP. XI. An act to explain and amend the act constituting the present Court of Appeals. (Passed the 16th of December, 1791.) | |
| SECT. 1. WHEREAS the sessions of the court of appeals have been so changed by an act of the present session of the General Assembly, as to render it difficult for the judges of the general court to meet for constituting a special court of appeals, according to the directions of two several acts of Assembly for amending the acts concerning the court of appeals, passed in the years one thousand seven hundred and eighty-nine, and one thousand seven hundred and ninety: Be it therefore enacted by this present General Assembly, That the said special courts of appeals shall meet on the twentieth days of June and November, if not on a Sunday, and then on the next day, as the case may require, instead of the first days of the sessions of the court of appeals. | Preamble. Sessions of the special courts of appeals. |
| SECT. 2. And be it further enacted, that the clerk of the court of appeals shall make the summonses ordered at the last session of the court of appeals, for summoning the judges for constituting a special court of appeals in the suits in the said order mentioned, returnable to the tweentieth day of June next, instead of the first day of the next session of the said court of appeals. | Summonses ordered at the last court, returnable to the 20th June next. |
| SECT. 3. And be it also enacted, That the judges of the court of appeals, not disqualified to sit in any special court of appeals, shall be paid the same for travelling and attendance, as the other judges are now by law allowed. | Allowance to judges of the court of appeals for travelling and attendance. |
| SECT. 4. And whereas it is doubtful whether the judge of the high court of chancery must not necessarily be one of the judges for constituting all such special courts, except in appeals from the high court of chancery; Be it therefore enacted, That in case of the sickness or disability of the judge of the high court of chancery for the time being, which may prevent his attendance at a special court of appeals, such court may be formed by other judges, according to the directions of the two before recited acts, in the same manner as if the appeal had been from the high court of chancery. | The Chancellor's attendance not necessary to constitute a special court. |
| SECT. 5. And be it enacted, That the clerk of the court of appeals for the time being, shall attend all such special courts with the records in the cases to such special courts committed, and enter the proceedings of all such special courts in the order book of the court of appeals, and the same shall be signed by the presiding judge of such special court, and be certified to the inferior court, and carried into execution in the same manner as if the same had been determined in the court of appeals. | Special courts to be attended by the clerk, | |
| SECT. 6. And be it enacted, That such special courts shall be attended by the like officers with the court of appeals, who shall receive the like compensation as they now do in the said court; and that such special courts may adjourn and do all and every act as a court during their session which the court of appeals may by law do. | and other officers of the court of appeals. | |
| SECT. 7. Provided always, and be it further enacted, That where any cause shall be pending in any such special court, and the same shall not be determined before there shall be a sufficient number of the judges of the court of appeals, qualified to make a court for deciding the same, such cause shall be resumed by the court of appeals and be determined there as if such cause had never been committed to a special court. | Causes in the special courts, when to be resumed by the court of appeals. | |
| SECT. 8. And be it further enacted, That so much of all and every other act or acts as may be contrary to this act, shall be, and the same is hereby repealed. | Repealing clause. | |
| SECT. 9. And that this act shall commence and be in force from and after the first day of January next. | Commencement of the act. | |
| CHAP. XII. | ||
| ||
| (Passed December 3d, 1791.) | ||
| SECT. 1. BE it enacted by the General Assembly, That instead of the first day of June and the first day of November, the court of appeals shall be henceforth holden on the tenth day of April and the tenth day of October in every year; or when that shall happen to be on Sunday, | Sessions of the court of appeals, |
| on the succeeding day, and shall sit each time until the business depending before them shall be dispatched. | ||
| SECT. 2. And be it further enacted, That instead of the twelfth day of October, the high court of chancery shall be held on the first day of September in every year; or when that shall happen to be on Sunday, on the second day of September, and shall sit for twenty-four juridical days successively, unless the business depending before the said court shall be sooner dispatched. | of the court of chancery. | |
| CHAP. XIII. | ||
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| (Passed December 17th, 1791.) | ||
| WHEREAS the act of Assembly, passed in the year one thousand seven hundred and forty-five, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," which was continued and amended by two subsequent acts, the one passed in the year one thousand seven hundred and eighty-five, and intituled, "An act to revive an act, intituled, An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," the other passed in the year one thousand seven hundred and eighty-eight, intituled, "An act for continuing the act, intituled, An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned," will expire at the end of the present session of Assembly, and it is expedient and necessary, that the said recited acts should be further continued: Be it therefore enacted by the General Assembly, That the said several recited acts, shall be continued from and after the expiration thereof, for the term of three years, and from thence to the end of the next session of Assembly; except so much of the said first recited act which passed in the year one thousand seven hundred and forty-five, as relates to the delivery of the | Preamble. Certain acts respecting clerks fees continued, in part. |
| said fees, and of the collection and recovery of such of them as were formerly payable to the secretary and surveyors. | |
| CHAP. XIV. An act concerning the southern boundary of this state. (Passed December 7th, 1791.) | |
| SECT. 1. WHEREAS official information hath been received by the General Assembly, that the legislature of the state of North-Carolina have resolved to establish the line commonly called Walker's line, as the boundary between North-Carolina and this Commonwealth, and it is judged expedient to confirm and establish the said line on the part of this state: Be it therefore enacted by the General Assembly, That the line commonly called by the name of Walker's line, shall be, and the same is hereby declared to be the boundary line of this state. | Preamble. Walker's line declared to be the southern boundary of this state. |
| SECT. 2. And be it further enacted, That in all courts of law and equity within this Commonwealth, the claims for land lying between the line commonly called Walker's line, and the line commonly called Henderson's line, shall be decided in favour of the oldest title, whether derived from this Commonwealth or from the state of North-Carolina. | Claims to land between Walker's and Henderson's lines, how to be settled. |
| CHAP. XV. | ||
| ||
| (Passed November 3d, 1791.) | ||
| SECT. 1. WHEREAS by the third section of the act passed at the last session of Assembly, intituled, "An act to amend an act, intituled, 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," It is 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, intituled, "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. And whereas doubts have arisen, whether by continuing the last recited act, the said ordinance was not repealed, and for removing such doubts, as well as to declare and explain the law thereon, Be it enacted, That so much of the said act as repeals a part of the ordinance by which certain English statutes were declared to be in force within this commonwealth, shall be deemed, taken, and considered to have been suspended, until the revisors shall make report of their proceedings, and the General Assembly shall have acted thereon. | Preamble. Part of an act of Assembly to be deemed to have been suspended. | |
| SECT. 3. And be it further enacted,
That the said recited ordinance, so far as the same relates to the said statutes, shall continue
to be in force. SECT. 3. This act shall commence and be in force from the passage thereof. |
Part of an ordinance concerning the English statutes continued. |
| CHAP. XVI. | ||
| ||
| (Passed December 20th, 1791.) | ||
| BE it enacted, That nothing contained in the act, intituled, "An act for further continuing three acts of Assembly concerning the better regulating and collecting certain offices fees, and for other purposes therein mentioned," shall be so construed or understood as to entitle the clerks of the several courts in this Commonwealth to more than one penny and a farthing for each pound of tobacco for legal fees. | Rate at which tobacco for clerks fees is to be discharged. | |
| CHAP. XVII. | ||
| ||
| (Passed December 17th, 1791.) | ||
| WHEREAS by an act, intituled, "An act remitting certain militia fines, and for other purposes," it is among other things enacted, that where fines have been collected and not actually applied as the law directs, the same shall be refunded to the persons respectively, or 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. But no remedy is provided, whereby the person or persons, entitled to have such fine or fines refunded, may compel | Preamble. |
| the payment thereof: For remedy whereof, Be it enacted, That any person or persons entitled by the said act, to have any fine or fines refunded, where the same does amount to twenty-five shillings or upwards, shall have remedy by motion in the court of the county where such fine was assessed, against the county-lieutenant or any other person or persons, who may have the same in his or their hands, and it shall be lawful for the said court on such motion, and they are hereby authorised and required, to enter up judgment and to issue execution for the same. Provided, the person or persons against whom such motion is made, shall have ten days notice thereof. And where such fine or fines shall not amount to twenty-five shillings, the person entitled to receive the same, shall have remedy by warrant before a single justice of peace. | Remedy against persons withholding militia fines directed to be refunded. | |
| CHAP. XVIII. | ||
| ||
| (Passed December 6th, 1791.) | ||
| SECT. 1. BE it enacted, That from and after the passing of this act, the quantity of pork, which each and every inspector of that article shall cause to be put into every barrel of pork, by him or them inspected, shall be two hundred and four pounds nett weight, instead of two hundred and twenty pounds heretofore directed by law. | Quantity of pork to be put in every barrel, | |
| SECT. 2. And be it further enacted, That no inspector shall stamp or brand any barrel of pork which shall not be full bound, having at least twelve hoops thereon. | Number of hoops. | |
| SECT. 3. And be it further enacted, That so much of all and every act or acts as is contrary to this act, shall be repealed. | Repealing clause. | |
| SECT. 4. This act shall commence and be in force from and after the passing thereof. | Commencement of the act. |
| Pages 216-239
| Pages 262-282
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