|Pages 421-438||Pages 450-462|
|CHAP. VIII.||[Ch. XLVII in original.]|
|I. WHEREAS doubts have arisen, and defects been experienced, on the act, intituled, "An act to levy certain taxes in aid of the public revenue, and to apply the same in payment of the debts due to foreign creditors," and it is expedient that the same be explained and supplied:|
|II. Be it enacted by the General Assembly, That the said recited act be repealed, and that the following||Repeal of former act.|
|taxes be paid in lieu of those imposed by the said act, that is to say: On each writ, declaration in ejectment, subpœ, or citation, instituting any suit in the general court, high court of chancery, or court of admiralty, the sum of six shillings; on each writ, declaration of ejectment, or subpœ, instituting any suit in the court for the district of Kentucky, six shillings; on each writ, declaration in ejectment, or subpœ, instituting any suit in a county court, or court of hustings, three shillings; on each appeal to the high court of chancery, twelve shillings; on each writ of error, supersedeas and habeas corpus, cum causa, certiorari, issued from the general court or high court of chancery, or from the court for the district of Kentucky, six shillings; on each appeal from any county court, or court of hustings, six shillings; one half of the said taxes shall by the respective clerks be taxed in the bill of costs: On each deed concerning any improved lot or lots, or part of a lot, in any city or incorporated town, for each lot or part of a lot, twelve shillings; on each deed concerning any unimproved lot or lots, or part of a lot, in any city or incorporated town, to reach lot or part of a lot, six shillings; on each deed concerning any improved lot or lots, or part of a lot, in any unincorporated town, for each lot or part of a lot, six shillings; on each deed concerning any unimproved lot or lots, or part of a lot, in any unincorporated town, for each lot or part of a lot, three shillings; provided, that unless the party to whom such conveyance may be made shall produce to the clerk of the court a certificate, under the hand and seal of a justice of the county, that the lot or lots, or part of a lot, so conveyed, are umimproved, he shall pay the same tax as is hereby imposed on an improved lot or lots, or part of a lot; on each deed concerning other lands, for every hundred acres contained in such deed, three shillings; on each other deed, three shillings; on each probat of wills, or grant of administration, where lands or slaves are concerned, twelve shillings; on each probat of wills, or grant of administration, where neither lands nor slaves are concerned, six shillings; on each certificate under the seal of any county or corporation, six shillings; on each admission of attornies to practice in the court of appeals, in the superior courts, or the court of the district of Kentucky, fifteen pounds; on each admission of attornies to|| Tax on law process.|
On probats of wills, and administrations.
On seals of court.
|practice in any inferior court, for each court twenty shillings. And for the more effectual collection of the said taxes.|
|III. Be it enacted, That no writ, subpœ, citation, or any writ of error, supersedeas, certiorari, or habeas corpus, cum causa, shall be issued, or declaration in ejectment filed, by any clerk, unless the taxes hereby respectively imposed thereon be first paid down; that in all appeals, no transcript of the record shall be delivered to the appellant by the clerk of the court, or forwarded by him to a superior court, before the tax imposed thereon be paid; that no certificate under the seal of any county or corporation, shall be granted until the tax thereon shall have been first paid to the clerk keeping such seal; that no attorney be admitted to take the oath required by law, or to appear in any suit in the court of appeals, in a superior court, or the court of the district of Kentucky, or in any county or other inferior court, until he shall have first paid the tax hereby imposed on such admission to the clerk of the court. Provided, That after an admission of an attorney into any one of the superior courts, including the court of appeals, no tax shall be required for his admission into either of the other superior courts.||Taxes to be paid down.|
|IV. And be it further enacted, That the clerks of the several courts aforesaid shall respectively, on or before the first day of April, and first day of October, in every year, account for on oath, and pay into the public treasury, all the monies which by this act they are authorized to receive, after a deduction of five per centum therefrom, as a commission for the service hereby imposed; and in case of fraud herein by any clerk, he shall, on conviction thereof, be deprived of his office.||Clerks, when to account and pay.|
|V. And be it further enacted, That there shall be paid two shillings and six pence for every transfer of a surveyor's certificate for land, to be collected by the register of the land office before the issuing of the patent; for every attestation, protestation, and all other instruments of publication from a notary public, under his seal of office, two shillings and six pence, to be collected and accounted for by the said notary public; and six shillings for each certificate under the seal of the commonwealth, to be collected by the clerk of the council before the delivery of such certificate; which last mentioned taxes shall be accounted for and paid in|| Tax on transfer of surveyors' certificates.|
Seal of commonwealth.
|the like manner, and with the like commission for collecting, as is directed in the case of other taxes imposed by this act. This act shall commence and he in force from and after the first day of March next.|
An act concerning entries and surveys on the western waters.
|[Ch. XLVIII in original.]|
|I. WHEREAS several persons, having early entries and locations for large tracts of land, in order to procrastinate the charge of surveying and the payment of taxes, refuse or neglect to survey them, while others, who have adjacent entries and locations of later date, are desirous to sue out grants and pay taxes for their lands: In aid thereof of the present means to compel surveys upon the said entries.||Preamble.|
|II. Be it enacted, That all entries made in the county surveyors books on the western waters, other than the entries made by virtue of officers and soldiers claims for military services, before the passing of this act, shall be surveyed, and the surveys thereof returned as the law directs on or before the first day of February, one thousand seven hundred and eighty-six; and that all future entries on the said waters, shall be in like manner surveyed and returned within one year after the date of every such entry. If any entry shall not be surveyed and returned within the terms aforesaid, it shall be lawful for any person to enter for and locate the said lands, in like manner as if such prior entry had not been made.|| Limitations for surveying entries on western waters, already
Of future entries.
Forfeiture, for neglect.
|CHAP. X.||[Chapter XLIX in original.]|
|I. WHEREAS it hath been represented to the general assembly that the proprietors of the town of Kempsville, in the county of Princess Anne, are likely to sustain considerable injuries from the restricted powers given the trustees by the act establishing the said town: For remedy whereof,||Powers of trustees of town of Kempsville, enlarged.|
|II. Be it enacted, That the trustees, or any five of them, shall, and they are hereby directed and required, to lay off the said town in such manner as will be least prejudicial to the proprietors thereof.|
An act for establishing several new ferries.
|[Chap. L in original.]|
|I. BE it enacted by the General Assembly, That public ferries shall be constantly kept at the following places, and the rates for passing the same as followeth, that is to say: From the lands of Ralph Humphreys, in the county of Hampshire, across the south branch of Potowmack river to the opposite shore, for a man four pence, and for a horse the same; from the lands of Henry Martin, the younger, in the county of Fluvanna, across the north fork of James river to the opposite shore, for a man four pence, and for a horse the same: And for the transportation of wheel carriages, tobacco, cattle, and other bests, at the places aforesaid, the ferry-keepers may demand and take the same rates as are by law established at other ferries, and no more. If the ferry-keeper at either of the said places, shall demand|| New ferries established.|
|or receive any greater rates than are hereby allowed for the carriage or ferriage of any thing, he shall, for every such offence, forfeit and pay to the party grieved, the ferriages demanded or received, and ten shillings; to be recovered with costs, before a justice of the peace of the county where the offence shall be committed.|
|[Chap. LI in original.]|
|I. THE profits accruing to the register of the land office being much greater than the legislature expected or intended at the appointment of that officer, and greater than the duties of that office require;|
|II. Be it therefore enacted, That from and after the first day of February next, all the fees thereafter to be received by the register, deputy register, or any other person, for services of every nature and kind whatsoever, to be performed in the land office, shall be accounted for with the auditors, and paid regularly into the treasury, at the end of every six months, in the following manner: The deputy register shall account, on oath, with the register of the land office, for all fees by him received from time to time, and the register of the land office shall in like manner account with the auditors of public accounts for the whole profits, making oath that the fees so accounted for are the whole profits accruing from the said office, so far as he knows or believes, up to the date of such account, and moreover his accounts of fees received shall be fairly stated, and compared by an auditor with the books of his office, before the account shall be passed. If the register of the land office shall at any time fail to account, according to the directions of this act, for the space of|| Fees of land office to be paid into the treasury.|
When register to account.
Penalty for failure.
|six months, he shall forfeit and pay the sum of ten thousand pounds, to be recovered in the name of the governor or chief magistrate for the time being, in any court of record, by the solicitor, on thirty days previous notice; and if the deputy register shall at any time fail to account, according to the directions of this act, for the space of six months, he shall forfeit and pay the like sum to the register, to be recovered by him, on thirty days previous notice in like manner; and in both cases the onus probandi shall lie on the defendant. The deputy register shall enter into bond and sufficient security to the register, and the register to the governor or chief magistrate for the time being, and his successors, for the due and faithful execution of their respective offices. On receiving each survey into the register's office, the fees established by law, that will accrue on the same, including the issuing of the grant thereupon, shall be paid down; and if either the register or deputy register shall credit any person, they shall account for the fees so credited in the same manner as if they had been received. and that provision may be made for the payment of a salary to the register of the land office, adequate to his services.|| Bond and security.|
Fees to be paid down.
Fees credited to be accounted for, as if paid.
|IV. And be it further enacted, That in case of vacancy in the said office, during the recess the general assembly, the governor, with the advice of council, is hereby authorized and required to supply such vacancy, subject to the future confirmation of the legislature. And whereas, in the cases where surveys are returned into the land office, it may happen that caveats will be entered against some of the surveys, and the person in whose favor the surveys are made may lose the benefit of the surveys by the event of the caveats; To remedy which,||Vacancy in office of register, how supplied.|
|V. Be it enacted, That whenever upon a caveat the general court shall determine in favor of the caveator, all the fees he shall pay into the register's office in consequence||Fees, on determination of caveat, how paid.|
|of such determination, in order to obtain his patent, shall be by the register paid to the person who in the first instance upon the return of the survey hath been compelled to pay the fees.|
|[Chap. LII in original.]|
|I. WHEREAS the laws directing the payment of the tax of five shillings per hundred acres on all lands included in any patent where the same shall exceed fourteen hundred acres, have been found imperfect: For remedy whereof,||Tax on lands, included in patents, when payable.|
|II. Be it enacted by the General Assembly, that from and after the passing of this act, there shall be paid to the register of the land office the aforesaid tax of five shillings per hundred acres on all lands included in any patent, at the time of issuing the patent for the same, except on patents granted to persons entitled to lands by pre-emption or settlement rights, or for military bounties, or those claiming under such persons entitled to pre-emption or settlement rights by marriage, marriage settlement, descent, or devise.||Patents for pre-emption rights, military bounties excepted.|
|III. And be it further enacted, That the money arising from the aforesaid tax shall be appropriated towards the payment of interest due or which may hereafter become due to the creditors of this state on the western waters, whose claims have been ascertained by commissioners appointed for that purpose, in such manner as the general assembly shall hereafter direct.||Appropriation of tax.|
|IV. And be it further enacted, That so much of any act or acts, as comes within the purview of this act, shall be, and the same is hereby repealed.|
| CHAP. XIV.
An act respecting future confiscations.
|Chap. LIII in original.|
|I. WHEREAS it is stipulated by the sixth article of the treaty of peace between the United States and the King of Great-Britain, that there shall be no future confiscations made;||No future confiscations to be made.|
|II. Be it enacted, That no future confiscations shall be made; any law to the contrary notwithstanding. Provided, That this act shall not extend to any suit depending in any court, which commenced prior to the ratification of the treaty of peace.|
An act for further continuing the act, intituled, An act concerning pensioners.
|Chap. LIV in original.|
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-two, intituled, "An act concerning pensioners," which has been continued by several subsequent acts, will expire at the end of the present session of assembly, and it is expedient that the same should be further continued:||See ante p. 146.|
|II. Be it therefore enacted, That the act, intituled "an act concerning pensioners," shall continue and be in force from and after the expiration thereof, for and during the term of three years, and from thence to the end of the next session of assembly, and no longer.||Act concerning pensioners further continued.|
|III. And be it further enacted, That the executive shall be, and they are hereby authorized and empowered, to put on the list of pensioners, with such allowances as to them shall seem just, all regular or militia officers and soldiers who have been wounded or otherwise disabled in the service of their country, upon application being made to them therefor. And whereas||Executive authorised to place persons on the pension list.|
|the said recited act, intituled "An act concerning pensioners," directs the courts of the several counties within this commonwealth to inquire into the bodily ability of all persons receiving annual pensions from the public, and to certify to the general assembly whether in their opinion they ought to be continued on the pension list;|
|IV. Be it therefore enacted, That the said returns shall be made to the executive, who are hereby authorized to continue or discontinue the said allowances, as to them shall seem proper. So much of any act or acts, as comes within the meaning of this act, is hereby repealed.||County courts to certify condition of pensioners to executive, instead of assembly.|
|Chap. LV in original.|
|Governor authorised to suspend, by proclamation, the taking possession of, or surveying the lands reserved for the officers and soldiers of the Virginia line, and the Illinois regiment.|
|surveying the lands, in the western territories of this state, which have been granted by law as bounties to the officers and soldiers of the Virginia line, will produce great disturbances:|
|II. Be it therefore enacted, That the governor, with the advice of the council, shall be, and he is hereby authorized and empowered, to suspend, for such time as he may think the tranquility of the government may require, the surveying or taking possession of those lands that lie on the north-west side of the river Ohio, or below the mouth of the river Tenisee, and which have been reserved for the officers and soldiers of the Virginia line, and the Illinois regiment.|
An act for establishing and reviving inspections of tobacco at sundry places.
|Chap. LVI in original.|
| I BE it enacted by the General Assembly, That the
inspection of tobacco at Hood's, in the county of Prince George, shall be, and the same is herby
revived and established; and there shall be allowed and paid to each of the inspectors thirty
pounds per annum.
II. And be it further enacted, That the inspection of tobacco at the place where Kemp's warehouse
|Inspections of tobacco, at Hood's ware-house, in Prince Geo. and at Kemps in Middlesex, revived.|
|formerly stood, upon Pianketank river, in the county of Middlesex, shall be, and the same is hereby revived; and there shall be paid and allowed to each of the inspectors fifteen pounds per annum. And whereas it is represented to this present general assembly, that a new inspection of tobacco on the lands of Jacob Rubsamen, in the town of Manchester, will be of public utility;|
|III. Be it therefore enacted, That an inspection of tobacco shall be, and the same is hereby established on the lands of the said Jacob Rubsamen, in the said town of Manchester, which shall be called and known by the name of Manchester; and the transfer notes issued by the inspectors thereof, shall be payable for public dues in the same manner as those of Rockey Ridge; there shall be paid to each of the inspectors at Manchester warehouse the sum of sixty pounds per annum. And whereas, the situation appointed by law whereon the warehouse for the inspection of tobacco in the town of Portsmouth was to be erected, is found inconvenient;||Manchester warehouse, in town of Manchester established.|
|IV. Be it therefore enacted, That the said warehouse shall be built on the lands of Thomas Veal, in the said town, any law to the contrary notwithstanding.||Warehouse, in Portsmouth to be erected on land of Thomas Veal.|
|Chap. LVII in original.|
|I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and eighty-one, intituled "An act for adjusting claims for property impressed or taken for public service," which was continued and amended by several subsequent acts, hath expired: And whereas there are many claims still due to the good people of this commonwealth, for property impressed or taken from them for public use, which cannot be liquidated and allowed, unless the said recited act is revived:||Act for adjusting claims for property impressed for public service revived.|
|II. Be it therefore enacted, That the act, intituled "An act for adjusting claims for property impressed or taken for public service," is hereby revived, and shall continue and be in force, from and after the passing of this act, until the first day of August next, and no longer.|
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