|Pages 42-59||Pages 81-103|
|CHAP. XXXIII.||[Ch. LXXIII in original.]|
|I. BE it enacted, That so much of an act of assembly passed May one thousand seven hundred and seventy-nine, intituled, "An act to displace the trustees of the town of Staunton and for other purposes therein mentioned," as prohibits any person or persons inhabitants of the said town, owners of swine, to suffer the same to go at large within the limits thereof, shall be, and the same is hereby repealed.||So much of act as prohibits swine going at large in Staunton repealed.|
|[Ch. LXXIV in original.]|
|I. WHEREAS by an act of assembly, passed in October one thousand seven hundred and seventy-eight, intituled, "An act for vesting certain escheatable lands in trustees, and for other purposes," reciting that Bryan Obanion, being seized in fee of two hundred and fifty-seven acres of land, lying and being in the county of Berkeley, adjoining the lands of Tully M'Kenney and major general Charles Lee, did, in and by his last will and testament devise the same in taille to Aaron and Francis Johnston, or the survivor of them, being natural children of the said Bryan Obanion; that the said Francis died an infant, whereby the said Aaron became seized of the whole of the said lands, and died so seized intestate and without issue; and the said lands were declared by the said act to be escheated and vested in trustees, to be sold, and the||Preamble.|
|money arising from the sale to be divided among certain persons and in particular portions, as by the said act will appear: And whereas by the will of the said Bryan Obanion the elder, deceased, it appears that the said lands were limited over to Bryan Obanion, his grandson, upon the death of the said Aaron and Francis Johnston without issue; and the said Bryan Obanion hath made application to this assembly to repeal the said act, and thereby enable him to hold the said lands agreeable to the will of his said grandfather, and it is judged expedient so to do;|
|II. Be it therefore enacted, That the said recited act shall be, and the same is hereby repealed, and the said two hundred and fifty-seven acres of land vested in the said Bryon Obanion, and his heirs, in fee simple.||Certain escheated lands vested in Bryan Obanion, the younger.|
An act to sell the late court-house, prison and lots of Bedford county.
|[Ch. LXXV. in original.]|
| I. WHEREAS it is represented to this present general assembly, that
the late court-house and prison of Bedford county are, by the division of the said county,
II. Be it therefore enacted, That Richard Stith, Robert Ewing, John Calloway, William Henderson, William Leftwich, and Robert Clarke, gentlemen, or any three of them, shall be, and they are hereby empowered to sell and dispose of the said buildings, together with the lots belonging thereto, to the highest bidder, on twelve months credit, after giving one month's notice of the time appointed for such sale, at the court-houses of the counties of Bedford and Campbell; and the said trustees shall, within one month after receiving the sum for which the court-house, prison and lots shall sell for, pay one moiety thereof to the justices of each of the said counties, to be by them applied to the lessening their county levies.
|The late court house, prison and lots of Bedford county to be sold.|
|III. And be it further enacted, That if the said trustees shall neglect or refuse to account for and pay the money so received, within the time limited by this act, to each of the said courts, agreeable to the before-mentioned proportion, they shall be liable to the action of the party grieved for the money so received and all damages incurred by delay of payment, to be recovered in the general court. And the said trustees, or any three of them, shall be, and are hereby empowered to execute deeds of conveyance for the said houses and lots, to the purchasers thereof, in fee simple.|
|CHAP. XXXVI.||Ch. LXXVI. in original.]|
| [Chan. Rev. p. 162.]|
See May 1380, c. 21.
|I. WHEREAS by experience it is found, that the act for dissolving several vestries and electing overseers of the poor in the counties therein named, hath greatly removed the inconveniencies for making provision for the poor in the said act recited; and the counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, being subject to the same inconveniencies experienced in the aforesaid counties before the said act was passed: For remedy whereof, Be it enacted, That where the above enumerated counties have any vestries or other bodies vested with powers to provide for the poor, the same shall, from and after the first day of October next, be dissolved.|| Preamble. |
Extended to other parishes.
|II. And for the providing for the poor, and other parochial duties as have heretofore been exercised by the vestries, church-wardens or other bodies of the respective counties or parishes; Be it enacted, That the sheriffs of the said counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, shall take the same order in their respective counties to hold elections for||Overseers how to be elected.|
|overseers of the poor in all times coming, as the respective sheriffs in the above recited act are directed to do; and the overseers so elected, being first qualified as the said act directs, shall, in all things, have the same powers, be incorporated in the same manner and subject to the same rule and government as the overseers are in the above recited act: And the courts of the said counties of Shanandoah, Henry, Monongalia, Ohio, Berkeley, in case of death, resignation, removal or refusal to act, of any overseer, shall supply such vacancy; and also shall direct their orders to the overseers so elected and qualified, in the same manner as the courts of the said counties in the above recited act are directed to do. And if any sheriff or sheriffs of the said counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, shall fail or neglect his or their duty as directed in the aforesaid recited act, he or they shall be subject to the same forfeitures as the sheriffs in the said recited act are subjected to.|| Their duty. |
Penalty on sheriff.
|III. And be it further enacted, That where any suit or suits are depending, in which the vestries or church-wardens are plaintiffs, by virtue of their office, no such suit shall be dismissed in pursuance of this act, but the overseers of the poor shall be taken and esteemed plaintiffs therein, and the suit or suits shall be perpetuated to a legal decision in the name of the said overseers. Provided also, That where any vestry or church-wardens hath suffered suit to be brought against them for breach of duty or neglect, the same shall be prosecuted against the said vestry or church-wardens, in the same manner as if this act had not been made.||Suits by and against vestries or church wardens saved.|
|IV. And be it further enacted, That the vestries of the aforesaid counties of Shanandoah, Henry, Monongalia, Ohio, and Berkeley, shall, on or before the first day of January next, make up and settle their accounts with the overseers of the poor of their respective counties, of all monies or tobacco by them levied or disbursed in virtue of their office.||Vestries to account.|
|V. And be it further enacted, That all penalties fines and forfeitures recovered by virtue of this act, shall be appropriated in the same manner as is directed in the above recited act.|
|CHAP. XXXVII.||Chapter LXXVII in original.]|
|An act to increase the reward for killing wolves in certain counties.||[Chan. Rev. p. 163.]|
|I. WHEREAS it is represented to this general assembly, that the giving further rewards in certain counties for the destroying of wolves will be attended with very great advantage to the inhabitants thereof; Be it enacted, That from and after the passing of this act, and during the continuance thereof, any person who shall kill any wolf within the counties of Henry, Pittsylvania, Bedford, Campbell, Botetourt, Montgomery, Greenbrier, Amherst, Buckingham, Louisa, Shanandoah, Frederick, Berkeley, Prince William, Fairfax, Loudoun, Hampshire, Orange, Culpeper, Monongalia, Ohio, Rockbridge, Rockingham, Charlotte, Fauquier, Norfolk, Princess Anne, Augusta, Washington, and Albemarle, shall have an additional reward of one hundred pounds of nett tobacco for every young wolf not exceeding the age of six months, and for every wolf above that age, two hundred pounds of like tobacco, to be levied and paid in such counties wherein the services shall be performed; and the several county courts before named are hereby empowered and required to levy the same in their annual county levy to the persons entitled thereto. This act shall continue and be in force for and during the term of three years, and from thence to the end of the next session of assembly.|| Preamble. |
Additional reward to be levied in the county.
Continuance of act.
|CHAP. XXXVIII.||[Chapter LXXVIII in original.]|
|I. WHEREAS it is represented to this present general assembly, that James Freeland had cohabitation with a certain Mary Williams, and by her had issue Robert Williams, after which he intermarried with the said Mary: That the said James Freeland, by his last will and testament, bearing date the fourteenth day of March, one thousand seven hundred and seventy, devised to his said wife, his whole estate real and personal, for her life or widowhood, and the remainder after her death to the said Robert Williams, his natural son, in fee; that the said Robert Williams hath lately become felo de se, leaving neither wife nor legal issue of his body, whereby the estate of the said Robert Williams in lands, slaves and personalities, whether in possession or remainder, is escheated and transferred to the commonwealth: And whereas application hath been made by Mace Freeland, brother of the said James Freeland, and uncle and heir on the part of the father to the said Robert Williams, to vest the whole estate so devised by the said James Freeland to the said Robert Williams, equally among the said Mace Freeland, Spice Pendleton his sister, and Elizabeth Jones, to the latter of whom the said Robert Williams was engaged to be married, and by her left issue, and it is judged and just so to do:||Estate of Robert Williams vested in Mace Freeland, Spice Pendleton, and Elizabeth Jones.|
|II. Be it therefore enacted, That the whole estate, real and personal, devised as aforesaid by the said James Freeland to the said Robert Williams, whether in possession or remainder, shall be, and the same is hereby vested equally among the said Mace Freeland, Spice Pendleton, and Elizabeth Jones, and their respective heirs and assigns.|
|CHAP. XXXIX.||[Chapter LXXIX in original.]|
| [Chan. Rev. p. 163]|
See November 1781, c. 40.
|I. WHEREAS from the late cruel ravages of the enemy and destruction of private property, together, together with the great burthens already borne by the good people of this state, it is necessary to give them every possible alleviation in the payment of taxes required for the support of the war; Be it therefore enacted, That one half of the taxes imposed by an act intituled, "An act for ascertaining certain taxes and duties, and for establishing a permanent revenue," shall be collected, received or distrained for on the first day of July next ensuing, in the manner directed by the said act; and the other half on the first day of November following.|| Preamble. |
Collection of taxes divided.
|II. And be it further enacted, That skins of deer, well dressed and fitted for the purpose of making breeches, be added to the specifics made commutable with specie in payment of the taxes, that on land excepted, by the said act. That the skins so to be paid, shall be received at the places appointed for the reception of other specifics, and at the price of eight shillings per pound for every deer skin; and that the towns of Manchester, Dumfries, Harrodsburg, and of Falmouth, be, and the same are hereby added to those appointed by the said act for the reception of specific articles.|| Deer skins to be taken. |
New places to receive specifics.
|III. And be it also enacted, That where the sheriff cannot or will not give security for the due collection of the taxes imposed by the said act, as thereby required, in such case the curt of the county where such failure may happen, shall appoint one or more collector or collectors in due time, who shall give the security and do the duty required of the sheriff by the said act.||Sheriff not able to give security; a collector to be appointed.|
|IV. And be it further enacted, That where the said act inflicts a forfeiture of one hundred pounds on any proprietor or proprietors of land, his, her or their tenant,||Penalty on proprietors failing to account reduced.|
|attorney or overseer; or in case of infants, his, her or their guardians refusing or neglecting to give an account of the quantity to lands or lots held by any of them, or under their respective management, the said forfeiture shall be of twenty pounds only, to be recovered as the said act directs.|
|V. And be it further enacted, That instead of a list of all tithable persons, the same shall be given in of all persons taxable by the said act; and that the tax imposed upon nett cattle, shall be paid on cattle of all ages.||Explanation of tithables.|
|VI. And be it further enacted, That all duties and customs which now are, or hereafter shall become due to this commonwealth, upon ships, goods, wares and merchandizes, or any other articles whatsoever by virtue of any law of this commonwealth, shall be paid to the naval officer of the district where such duty or custom is directed to be aid; and the respective naval officers are hereby required to collect, account for, and pay into the public treasury, the amount of all such duties and customs, according to the several acts imposing the same, and under the pains and penalties therein contained. And where there shall be no naval officer, or where any goods are imported by land, due entry shall be made thereof with the clerk of the county court wherein they are brought, who shall receive the taxes or duties payable thereupon, or take bond from the importer for the payment thereof, at the treasury, within the time prescribed by law.|| Duties on ships and goods to be paid to naval officers.
If none, or importation by land, to county court clerks.
|VII. And be it further enacted, That the sheriff or collector shall give a receipt to each person from whom he receives the taxes, specifying in what article such person paid his tax; and shall moreover return a list, on oath, of such payments to the clerk of his county court, immediately after his collection, copies of which list shall be fixed up in the said court-house for the inspection of the people; and the auditors are hereby required not to settle with any sheriff for the taxes collected under the said act, except the said sheriff do produce to them a copy of such list, certified by the clerk of his court.|| Sheriff to give receipts for taxes. |
And return a distinct account.
|VIII. And be it further enacted, That in future the pay and allowance to the commissioners for assessing lands, shall be the sum of seven shillings and six pence each per day, and no more.||Allowance to commissioners.|
|IX. And be it further enacted, That so much of the said act as declares, that where any distress shall be made pursuant to the said act, and the lands, goods or chattels will not sell for three fourths of their value, in the opinion of the officer making such distress, the same shall be sold for three months credit, in the same manner as goods taken by fieri facias, shall be repealed: And in all cases as aforesaid, the officer making such distress, shall sell the lands, goods or chattels so distrained, for one month's credit, and shall take sufficient security residing in the county, for the payment thereof; and in case the same shall not be paid within the said one month, such officer is hereby authorized and required to make immediate distress on the lands, goods or chattels of such purchaser or purchasers, his, her or their security or securities, and proceed to sell the same for the best price that can be got in ready money.||How lands & goods distrained shall be sold.|
|X. And whereas the mode prescribed by the said recited act for recovering the duties bonded with the collectors will admit of great delay in the collection; for remedy whereof, Be it enacted, That it shall and may be lawful to and for the said collectors to recover the said duties so bonded, by motion made in the general court, or the county court wherein the principal or either of his securities respectively reside, and such court shall give judgment for the sum due on such bonds, with costs, and interest of five per centum on the same until paid. Provided always, Ten days previous notice in writing shall be given by such collector to the person or persons so to be moved against.|| |
Bonded duties recoverable on motion.
|XI. And be it further enacted, That the court of hustings of the city of Williamsburg, and the serjeant for the said city, shall have the same power to proceed in the execution of the said recited act as the county courts and the respective sheriffs.||Power to officers in Williamsburg.|
|XII. And whereas Robert Morris, esquire, superintendant of the finances of these United States, hath by his letter bearing date the twenty-ninth day of April last, given assurance to this state, that his notes of the following tenor, to wit: "At sight pay to the bearer dollars, for which this shall be your sufficient warrant;" signed Robert Morris, and directed to John Swanwick, Philadelphia, shall be received at the treasury of the United States in discharge of any debt due||Morris's notes to be received.|
|from this state, and hath therefore requested that the same may be taken in payment of taxes: And whereas the receiving such notes in the present circumstances of the country will tend greatly to the relief of the people in the payment of their taxes; Be it therefore enacted, That the sheriffs and collectors shall receive all bills of the above tenor that may be offered them in discharge of taxes due, or which may become due in the year one thousand seven hundred and eighty-two, by virtue of an act intituled, "An Act for ascertaining certain taxes and duties, and for establishing a permanent revenue," which bills or notes the sheriffs or collectors shall account for and bona fide pay into the treasury. And in case any sheriff or collector shall fail to account with and pay to the treasurer for the time being, all the notes and bills of the above description he may receive for taxes, he shall forfeit and pay double the amount of the said notes he shall have so collected, to be sued for and recovered in the manner directed by the above recited act, for the recover of other penalties therein mentioned.|
|XIII. And whereas the practice of granting certificates for militia service, and of issuing treasury receipts thereupon anticipating the revenue hath obtained to the great prejudice of the public and the derangement of the finances, and it is necessary and essential to the public interest that every anticipation of the public revenue should be most explicitly forbidden and prevented; Be it therefore enacted, That no certificates, receipts or warrants for militia or military service, except receipts given under the act for supplying the southern army with waggons and horses, and except also certificates granted for money advanced agreeable to a requisition of the governor and council of the twenty-eighth of February, one thousand seven hundred and eighty-two, for recruiting soldiers, shall be received in discharge of the taxes imposed by the act "For ascertaining certain taxes and duties, and for establishing a permanent revenue;" and that the several sheriffs or collectors of taxes and duties in this commonwealth, shall not be allowed to discount any such certificates, receipts or warrants issued by virtue of any former law, and by them received for their respective collections; but judgment shall be given in manner directed by the said recited act against the||Militia or military certificates when to be received for taxes.|
|said sheriffs or collectors respectively for the full amount of their several collections, or of the deficiency due thereon, in case of failure to account for the same in due time, without regard to any such certificates, receipts or warrants.|
|XIV. And whereas doubts have arisen in the construction of the sixth section of the said recited act, where in it is enacted, that on all vessels at entrance or clearance from or to foreign parts, there shall be paid by the master or owner thereof, certain duties in the said section enumerated; and it hath by some been supposed that the said words "foreign partes" were intended to exclude vessels and goods coming from any state in this Union from paying the tonnage and other duties by the said section directed to be paid: For the removing of such doubts and misconstruction, Be it enacted, That all vessels coming within this state from any of the United States, or from any port or place whatsoever, vessels of war excepted, shall be liable to pay the tonnage and other duties by the said recited act directed to be paid, in the manner by law prescribed.||Tonnage of vessels explained.|
|XV. And be it further enacted, That the several sheriffs throughout this commonwealth, whose appointments will terminate in the month of October next, shall nevertheless have full power and authority to compleat the collection of the taxes aforesaid, which they are hereby required to perform, and shall have the same right and authority to collect or distrain for the payment of the said taxes, and shall be subject to account for and pay the same into the public treasury in like manner as if their appointments had not then expired.||Sheriffs to continue collection tho' out of office.|
|XVI. And be it further enacted, That all and every part or parts of the act "For ascertaining certain taxes and duties, and for establishing a permanent revenue," as shall in any manner contravene this act, or any part thereof, be and is hereby repealed.|
|XVII. And be it enacted, That the several sheriffs and collectors shall account for and pay all monies and other articles by them respectively received, in payment for, and which may exceed to the amount of the first half of the said taxes, at the time, in the manner, and under the penalties contained in the said recited act; and shall also in the same manner account for and||When and how to account.|
|pay the money and other articles by them respectively received, for the other half of the said taxes, or for the balances due thereon, on or before the first day of January next, under the penalties described in the said recited act, to be moved for and recovered at any session of the general court succeeding that time.|
|CHAP. XL.||[Chapter LXXX in original.]|
|[Chan. Rev. p. 165.]|
|I. WHEREAS the act of assembly passed in the year one thousand seven hundred and sixty-two, intituled, "An act for the inspection of pork, beef, flour, tar, pitch and turpentine," which was continued and amended by several subsequent acts, will expire at the next session of assembly, and it is expedient and necessary that the same should be further continued and amended: Be it therefore enacted, That the act intituled, "An act for the inspection of pork, beef, flour, tar, pitch and turpentine," except so much thereof as respects the article of flour, shall continue and be in force from and after the expiration thereof, for and during the term of two years, and from thence until the end of the next session of assembly, and no longer.|| Preamble. |
Continuance of act.
|II. And be it further enacted, That the several inspectors appointed, or to be appointed by virtue of the said recited act, shall receive the following fees in lieu of those heretofore established, to wit: For every barrel of pork or beef inspected and stamped, one shilling, and for every barrel of tar, pitch and turpentine, seven pence half-penny.||Inspectors fees.|
|III. And be it further enacted, That all the penalties and forfeitures to be incurred by the said recited act,||Penalties & their applications.|
|for failure or neglect of duty, shall be the same as those established and specified in the said act passed in the year one thousand seven hundred and sixty-two, and recovered and applied as is directed by the said act.|
|CHAP. XLI.||[Ch. LXXXI in original.]|
| [Chan. Rev. p. 165.]|
See Nov 1781, c. 11.
|I. WHEREAS the powers of the commissioners appointed by the governor, with the advice of council, to carry into execution an act of the last session, intituled, "An act for the relief of persons who have been or may be injured by the destruction of the records of county courts," will expire at the end of this present session of assembly, and it is expedient and necessary that the same should b farther continued and amended: Be it therefore enacted, That the act intituled, "An act for the relief of persons who have been or may be injured by the destruction of the records of county courts," shall continue and be in force from and after the expiration thereof until the purposes for which it was enacted shall be effected.|| Preamble. |
Continuance of act.
|II. And whereas doubts have arisen whether the commissioners appointed or to be appointed in virtue of the said recited act can receive testimony respecting the loss of any papers other than those particularly mentioned in the aforesaid act; Be it enacted, That the said commissioners are hereby empowered and required to proceed in the same manner with respect to all bonds, bills, notes and other papers necessarily filed in the office where such destruction hath happened, as if the same had been entered of record.||Extended to all papers filed in court.|
|CHAP. XLII.||[Ch. LXXXII in original.]|
|An act for dissolving the vestries of the parishes of Antrim and Westover.|
|I. WHEREAS it hath been represented to this present general assembly, that by the death and resignation of sundry members of the vestry of Antrim parish, in the county of Halifax, there remains only a majority of the said vestry, and that they are so very remiss and negligent, that for several years past a vestry has not been held for any purpose, by which means the objects of charity in the said parish have become very burthensome and troublesome to a few individuals:||Vestries of parishes of Antrim in Halifax, and of Westover in Charles city, dissolved, and new vestries to be elected.|
|II. Be it therefore enacted, That the vestry of the said parish of Antrim, be, and the same is hereby dissolved.|
|III. And be it further enacted, That the freeholders and house-keepers of the said parish of Antrim shall, before the first day of October next, meet at some convenient time and place to be appointed and publicly advertised by the sheriff of the said county of Halifax, at least one month before such meeting, and then and there elect twelve of the most able and discreet persons being freeholders, and resident in the said parish, for vestrymen, which vestrymen so elected having in the court of the said county of Halifax taken the oaths prescribed by law, shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish of Antrim.|
|IV. And whereas the levies of the said parish of Antrim, for a considerable time past, have not been laid by the vestry thereof, whereby the creditors of the said parish remain unpaid;|
|V. Be it therefore enacted, That the vestry of the said parish, to be elected by virtue of this act, shall levy and assess upon the tithable persons of the said parish, all such sums of money and quantities of tobacco as ought to have been levied and assessed by the said vestry. Provided, That notwithstanding any thing in this act contained, any suit or suits brought by|
|or against the vestry or church-wardens of the said parish, and now depending, may be prosecuted in the same manner as if this act had never been made.|
|VI. And whereas it hath been also represented, that there has not been a vestry held for the parish of Westover, in the county of Charles city, for a considerable time past, whereby no provision hath been made for the poor of the said parish, and great injustice hath been done to the creditors thereof: For remedy whereof,|
|VII. Be it enacted, That the vestry of the said parish of Westover shall be, and the same is hereby dissolved.|
|VIII. And be it further enacted, That the freeholders and house-keepers of the said parish of Westover shall, before the first day of October next, meet at some convenient time and place to be appointed and publicly advertised by the sheriff of the said county of Charles city, at least one month before such meeting, and then and there elect twelve of the most able and discreet persons, being freeholders, and resident in the said parish, for vestrymen, which vestrymen so elected having in the court of the said county of Charles city taken the oath prescribed by law, shall, to all intents and purposes, be deemed and taken to be the vestry of the said parish of Westover.|
|IX. And be it further enacted, That the vestry of the said parish of Westover, to be elected by virtue of this act, shall levy and assess upon the tithable persons of the said parish, all such sums of money and quantities of tobacco, as ought to have been levied and assessed by the said vestry. Provided nevertheless, That notwithstanding any thing in this act contained, any suit or suits brought by or against the vestry or church-wardens of the said parish, and now depending, may be prosecuted in the same manner as if this act had never been made.|
|CHAP. XLIII.||[Chapter LXXXIII in original.]|
|An act to regulate the pay of the militia heretofore called into service.|
|I. BE it enacted by the General Assembly, That the pay of the militia called into service prior to the first day of October, one thousand seven hundred and eighty, who have marched into any other state, or have been embodied in this for the space of one moth, shall be the same as that allowed and given by an act intituled, "An act to regulate and affix the pay of the militia heretofore called into service;" and the auditors shall adjust and settle the accounts of the militia so called into service, in like manner, and under the same restrictions and limitations as by the act to amend the act for regulating and disciplining the militia and for other purposes, is directed.||Pay of militia, called into service, regulated.|
|CHAP. XLIV.||[Chapter LXXXIV in original.]|
| [Chan. Rev. p. 165.]|
See Nov 1781, c. 22.
|I. BE it enacted by the General Assembly, That so much of an act passed at the last session of Assembly intituled, "An act for directing the mode of adjusting and settling the payment of certain debts and contracts, and for other purposes," as suspends the issuing of execution on any judgment or judgments, for any sum or sums of money that have been or shall be obtained, until the first day of December, in the year of our Lord one thousand seven hundred and eighty-three, shall, from and after the first day of March next ensuing, be, and the same is hereby repealed.||Repealing clause.|
|II. And be it further enacted, That no debtor demand whatsoever, originally due to a subject of Great-Britain, shall be recoverable in any court in this commonwealth, although the same may be transferred to a citizen of this state, or to any other person capable of maintaining such action, unless the assignment hath been or may be made for a valuable consideration, bona fide paid before the first day of May, in the year one thousand seven hundred and seventy-seven, the proof of which considerations and the time thereof, shall be on the plaintiff. Provided always, That when any execution shall be issued between the first day of March, one thousand seven hundred and eighty-three, and the first day of December, one thousand seven hundred and eighty-three, upon a judgment for any sum of money, and actually served, it shall and may be lawful for the person or persons against whom such execution shall issue, to discharge the same, with the costs of suit, in inspected crop tobacco, merchantable inspected hemp, or merchantable inspected flour, upon navigation. And the county courts shall settle every month the then current price of the several alternatives, as the same shall be upon navigation; and the judges of the general court shall do the same at their quarterly sessions. And every such execution may be discharged as aforesaid, according to the prices settled by the court from whence it issued, agreeable to the last preceding valuation before the service of such execution; and the sheriff or other officer receiving the alternatives aforesaid in discharge of any execution, may be proceeded against for the recovery of the same, in like manner as by law such sheriff or other officer might have been proceeded against upon the execution of any fieri facias for money. Provided also, That executions issued for judgments to be obtained upon contracts or debts, entered into or made after the passing of this act, shall not be subject to be discharged in any of the alternatives above mentioned, if the same issued for any sum or sums of money. So much of the act intituled, "An act to amend an act intituled, An act for the better regulating and collecting certain officers fees, and other purposes," as repeals part of the act for allowing the full fees to which the lawyers practising in the several courts of this commonwealth are entitled, shall be, and the same is hereby repealed.|| English debts assigned. |
Tobacco, hemp and flour may be tendered in execution.
At what price.
Judgments on future contracts excepted.
Repeal as to lawyers fees, see October 1778, ch. 14.
|CHAP. XLV.||[Ch. LXXXV in original.]|
|I. WHEREAS by an act intituled, "An act for adjusting claims for property impressed or taken for public service," it is enacted, that no claims for horses or other property impressed or taken for public service shall be paid until the same shall be presented and allowed by some county court, and reported to the next or succeeding general assembly, in the manner by the same act directed: And whereas it would be unjust that sheriffs or other collectors who have received the receipts or certificates of commissioners appointed by the governor, with the advice of council, by virtue of an act intituled, "An act for procuring a supply of provision and other necessaries for the use of the army," for articles in the said act enumerated, purchased or taken by them, should not be entitled to pay the same at the treasury in discharge of the taxes for which they were received, or that the persons from whom such articles have been taken or purchased should be deprived of the advantages intended by the said last mentioned act.||Preamble.|
|II. Be it therefore enacted, That all receipts or certificates of the said commissioners, or any of them, which have been received by sheriffs or other collectors for taxes, agreeable to the directions of the said act, may be audited and paid at the treasury in discharge of the same.||Receipts or certificates received by sheriffs for taxes, agreeable to existing laws, to be received at the treasury.|
|III. And whereas there has been many instances of sheriffs or collectors of taxes, who have made application to the board of auditors to obtain a settlement of their public accounts, and have offered to make payment for the same in money or certificates, agreeable to the laws then in force, and the auditors, either from the multiplicity of public business or other causes to them seeming sufficient, having refused to admit such sheriffs or collectors to a settlement of such public accounts, and judgments hath passed against the said sheriffs or collectors for the amount of such taxes, with|
|interest and damages; and it is just and proper in those cases, to grant relief to the said sheriffs or collectors:|
|IV. Be it therefore enacted, That in all cases where any sheriff or collector of taxes hath made application to the auditors, offering to make a settlement and payment as aforesaid, and the auditors are convinced thereof, either from recollection of the circumstances, or from satisfactory proof to them offered, they shall certify the same to the solicitor general; and in all cases where they shall certify that the delay of such settlement and payment hath not been owing to any default of such sheriffs or collectors, it shall and may be lawful for the solicitor general to remit the payment of the damages and interest on the sum offered for payment as aforesaid; and the sheriffs or collectors shall be entitled to his quietus, on discharging as herein after directed, the sum remaining a balance against him after such deduction; any thing in the said recited act notwithstanding. Every sheriff or collector shall render to the auditors, an account, on oath, containing a list of certificates received by him in discharge of any tax, and in his account with the public shall be entitled to a credit for the sum expressed therein, or in lieu thereof may pay in money the value of such certificates at the time of settlement, deducting his commissions for collection. Except always, that where any sheriff or collector hath paid the public the amount of his collection, and shall produce to any court of claims a receipt for the same from the auditors of public accounts, or other persons legally authorized to receive such payment, or grant such receipt, such court of claims shall receive the certificates tendered to them by such sheriff or collector, although the same may amount to more than six per centum of the value of such collection, and shall make return thereof in the same manner as other certificates exhibited to them by other citizens of this state. Provided nevertheless, That the auditors or county courts in passing such certificates shall make the fullest enquiry by the oath of the sheriff or collector, or any other ways or means that the nature of the case will admit of, the time and manner of his obtaining the same, and at what rate of depreciation he procured money to discharge the public account in lieu of the said certificates, that just and reasonable satisfaction only may be made by the public; or where any|| Damages & interest remitted to sheriffs who had offered to
settle at the treasury, under existing laws. |
Sheriffs to make oath as to certificates by them received for taxes.
|certificate has been paid to a sheriff in discharge of taxes, who has availed himself of the great depreciation of money, in discharging his public account, and shall hereafter exhibit such certificate to the auditors or any county court, in his name or the name of any other person, in order to avoid such enquiry and fix unjust demands against the public, the auditors or courts shall in all instances make the like enquiry, and render justice to the public and individuals.|
| CHAP. XLVI.
An act for auditing certain public claims.
|[Chapter LXXXVI in original.]|
|I. WHEREAS by an act passed the last session of assembly, intituled, "An act for adjusting claims for property impressed or taken for public service," the several county courts within this commonwealth were directed to adjust the claims of all persons against the state; and to return their proceedings therein to the present assembly: And whereas from inspecting and examining many of the said claims as adjusted and allowed by the county courts, it hath been adjudged expedient to refer the final adjustment thereof to the auditors of public accounts:||Preamble.|
|II. Be it therefore enacted, That the auditors of public accounts shall, and they are hereby directed and required to settle all the claims made by the several county courts, and make allowances thereupon, for property impressed or taken for public use, agreeable to the following prices, that is to say: wheat at five shillings per bushel; flour fifteen shillings per hundred weight; seconds, ten shillings per hundred weight; corn, two shillings per bushel; oats, one shilling and six pence per bushel; fodder or hay, three shillings per hundred weight; pasturage for cattle or horses, four pence for twenty-four hours; waggon-hire, with a full team or driver and finding provisions and forage, fifteen shillings per day; waggon-hire, with a full team|| Auditors to settle claims for property impressed for public
At what prices.
| and driver and found by the public, eleven shillings per day; bacon, nine pence per
pound; fresh pork, three pence per pound; pickled pork, six pence per pound; grass beef, three
pence per pound; stalled beef, four pence per pound; pickled beef, four pence half-penny per
pound; dryed beef, six pence per pound; mutton, for pence half-penny per pound; for dieting a
soldier, one shilling and six-pence per day; West-India rum, ten shillings per gallon; taffia, or
continental rum, eight shillings per gallon; brandy, eight shillings per gallon; whiskey, four
shillings per gallon; horse-hire, two shillings and six-pence per day; rye, three shillings per
bushel; corn-meal bolted or sifted, two shillings and six-pence per bushel; corn-meal bolted or
sifted, six shillings per hundred weight; corn-meal not bolted, two shillings per bushel;
corn-meal not bolted, five shillings per hundred weight; Indian pease, three shillings per
bushel; lambs, ten shillings each; ferriages on public account, one half of what is allowed by
law; biscuit, fifteen shillings per hundred weight; rice three pence per pounds; cyder and
vinegar, one shilling per gallon; flour barrels, two shillings and six pence each; corn-tops in
the stack, one shilling and three pence per foot; butter, one shilling per pound; horse-shoes,
one shilling and six pence each; bran, seven pence half-penny per bushel; common labourers, two
shillings per day; tradesmen or watermen, five shillings per day; rope, one shilling and six
pence per pound; and stablage, four pence for twenty-four hours. And where any other articles
besides those above enumerated shall be included in the returns made by any of the courts of
claims, the auditors of public accounts shall grant their warrant accordingly, except where they
may have sufficient reason to think such valuations excessive, in which case the auditors may
reduce the same. And the said auditors, in their proceedings, shall have regard to the value of
horses as allowed by the present general assembly in their several resolutions.
III. And whereas there are large sums allowed by the several county courts for damage done to houses and plantations;
IV. Be it enacted, That the auditors of public accounts shall not issue any certificates for such allowances,
|Auditors not to issue certificates for damages done to houses and plantations, except where allowed against the U. States.|
|unless it shall be made appear that the same were allowed in the settlement of the accounts of this state with the United States.|
|Pages 42-59||Pages 81-103|