1792. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH, 135 III. AND whereas divers perfons have, and hereafter may enter into contracts with the agents or contractors, for victualling and cloathing the army and navy, and have or may fail, or refufe to comply therewith: Be it further enacted, That upon any fuit being brought by any victualler, agent, or contrator, against any perfon or perfons fo failing or refufing, the proceedings therein shall be the fame, and the Plaintiff thall have the fame remedy and redrefs, as is herein before directed, in fuits which may be brought on behalf of the Commonwealth. a IV. IT fhall and may be lawful for the General Court to give judgment with cofts, at the motion of the Auditor, on ten days previous notice, against a ny perfon or perfons indebted to the Commonwealth, by bond or other fpecial ty, whether the fame be taken in the name of the Governor or Treasurer, or any other perfon acting in a public character, for or on behalf of the Commonwealth, and alfo to give judgment for all bills of exchange and notes, and for the penalty of all bonds entered into by any perfon or perfons, conditioned for the rendering accounts, or other duties. b tended to the United States. ors against perfons conAnd to public con1gictracting with them. Mode of proceeding 3gainft persons indebted to the public, by bond, bill, note, &c. V. WHERE any perfon or perfons have been, are, or may hereafter be in- Against a public debtor debted to the Commonwealth, either in fpecie or other articles, collected or o- where an error in his fatherwise received, for or on behalf of the Commonwealth, and fuch perfon or vour is difcovered in any perfons, on a fettlement with the Auditor, have obtained a quietus, and where adjusted account. judgment hath been, or may be obtained in favor of the Commonwealth, and the amount thereof adjusted and difcharged, either before or after the iffuing of the execution, whereby a quietus may have been or thall hereafter be obtained, by the party or parties, and it fhall afterwards appear that an error or inistake had been committed to the prejudice of the Commonwealth, in the fettlement of fuch account, judgment, or execution, in all or any of thefe cafes, it fhall and may be lawful for the General Court, to give judgment on motion, with ten days previous notice, for the amount of fuch error or mistake, without intereft or damages thereupon, the fame being proved to the fatisfaction of the Court. b VI. AND when it shall appear after settlement, that by error or mistake any The like remedy to him perfon fhall or may have paid more to the Commonwealth than was really due, if he has overpaid. fuch perfon fhall have the fame remedy by motion with notice, against the Auditor, as is by this Act given to the Commonwealth. b VII. IF any Sheriff or Collector of the public taxes, fhall fail to account for and pay into the Public Treafury, the taxes by him received, in manner and at the time prefcribed by Law, every fuch delinquent Sheriff or Collector, thall be liable to a judgment against him on motion, to be made by the Auditor, or other perfon appointed for that purpose, at the November General Court, or any fubfequent Court after fuch failure, for the amount of the taxes due, and five per centum damages, together with an intereft of five per centum per annum, upon the whole amount, until paid, for the ufe of the Commonwealth, and thereupon execution fhall iffue; provided the party has ten days previous notice of the day on which fuch motion is to be made. c any Again heriffs who fail to account for publ c taxes. quent sheriffs. VIII. NO petition or petitions thall in future be received from any Sheriff Regulation refpecting or Collector of the Public Revenue, or their security or fecurities, or from petitions from delinperfon or perfons directly or indirectly in their behalf, unlefs fuch Sheriff or Collector fhall previous to fuch application, advertite at the door of his Courthoufe, on one Court day at least, a lift of the perfons in arrears for taxes, in his County, tegether with the balances due from fuch perfons refpectively, making oath to the fame before the Court of the County in which he or they refpectively refide, which oath fhall be committed to record and lift filed in the Clerk's office; and the faid Sheriff or Collector fhall produce an attested copy of fuc advertisement, together with copies of the lift and certificate aforefaid, figned by the Clerk of his or their respective County Courts. IX. LANDS and tenements fhall and may, by virtue of writs of fieri facias, be taken and fold in fatisfaction of all judgments which have been obtained af(a) Mug, 1777, ch 10, 25. (b) From 1786, cb. 19. (c) Oct. 1782, ch. 4. Lands of public collectors and their fecurities 1792. may be fold to discharge the commonwealth's judgments against them in certain cales. Provifo in favour of fecurities in certain cafes. Land bound from the date of the judgment. Notice of the time and 136 IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. ter the feventh day of January, one thousand seven hundred and eighty-eight, or may be obtained hereafter, on behalf of the Commonwealth, against any Sheriff, Coroner, or other public Collector, or against his or their fecurity or fecurities: Provided, that the fame fhall not extend to any fuch fecurity or securities, who shall have become fo before the faid feventh day of January, one thoufand feven hundred and eighty-eight. a X. EVERY judgment obtained against any Sheriff, Coroner, or other public Collector, fhall bind the property of the lands and tenements of fuch public debtor, from the date thereof. a XI. WHEN the goods and chattels taken in execution to fatisfy a judgplice of fale, how to be ment of the Commonwealth by virtue of a fieri facias, fhall not, in the opinion given. of the Officer levying the fame, be fufficient to fatisfy the debt with damages and cofts, the Sheriff or other Officer fhall, at the fame time, give public notice at the Churches and Meeting-houses, if any there be, and Court-house of his County at the next Court day, and shall moreover give notice to the owner, if he be in the County, or otherwife to his agent, if any fuch be known, at fome time appointed in the notice, not less than ninety, nor more than ninety-fix days from the time of levying the execution, that the faid lands and tenements will be exposed to fale by auction on the premises, or at fuch other place in the County as the owner fhall by writing under his hand delivered to the Officer, direct. a Debtor having feveral parcels of land may di reet which shall be fold. Sale how to be made. Where the estate cannot be fold for three-fourths of its value, the officer may fell upon three months credit. Proceedings on the XII. IF the public debtor against whom a judgment hath been entered fubfequent to the faid feventh day of January, one thousand seven hundred and eighty-eight, or fhall be hereafter entered, have feveral parcels of land which lie in one and the fame County, he or his agent may by writing under his hand at any time before the day of fale, require the Sheriff or Officer to whom a writ of fieri facias upon the judgment fhall be directed, to make the debt or damages and cofts of fuch of the faid parcels of land as the owner or his agent shall think proper; and if the parcels lie in different Counties, the Clerk thall and may at the like requeft in writing, direct the fieri facias to the Sheriff or Officer of any County which the party or his agent, making oath or folemn affirmation that he hath lands there, fhall particularly mention, at any time before the writ fhall be delivered to the Officer. And if the debt, damages, and coûts be made of any other parcel of land, or of lands lying in any other County than that mentioned in fuch written requifition, the fale of fuch other parcel of the land in fuch other County fhall be void. a t XIII. IF the owner of the land before or at the day of the fale, fhall-not make payment of the debt due to the Public, the Sheriff or Officer fhall proceed to fell the faid lands and tenements, or fuch eftate and intereft as the party convict fhall have therein, or fo much thereof as will be fufficient, laid off in one entire parcel, if it may be done, in fuch place and manner as he or his agent, if he think proper, fhall direct, for ready money, or other property, as the demand may be, and the cofts: But if the estate cannot be fold for three-fourths of its value, in the opinion of the valuers of the County, or in the opinion of fuch other perfon as may be by Law directed, he thall fell the fame upon three months credit, taking bond of the purchasers, with fufficient furety or fureties for the payment, to the Chief Magistrate of this Commonwealth for the time being. a XIV. EVERY bond thus taken, fhall mention on what occafion the fame bonds taken in purfu- was taken, and fhall by the Sheriff or Officer be immediately returned to the ance of this act. Clerk's office from whence it iffued, there fafely to be kept, and when due, execution thereon may be awarded in the fame manner, and on the fame conditions that executions are now awarded on replevy bonds, and fhall in like manner be indorfed by the Clerk," that no fecurity is to be taken." a Conveyances to be made by the officer to the; purchafer at his costs. XV. IN all fales of lands by virtue of an execution, the Sheriff or other Of ficer fhall convey the fame to the purchafer at his cofts, by deed in writing. fealed, and recorded as the Laws direct for other conveyances of land: which deed hall recite the execution, purchafe, and confideration, and fhall be effectual for paffing to the purchafer all the eftate and interest which the debtor had, and might lawfully part with in the lands. Provided nevertheless, that if any Sheriff or other Officer who may have made fale of lands by virtue of any execution to him directed, on the part of the Commonwealth should die, or remove out of the State, before deeds made in conformity to fuch fale or fales, See fec. 17, 2, 3. + See acts of (a) 1780, ch. 40, fec. 1, 2, 3, 4. 298, pa. 22, fec. 5-this fection altered. IN THE SEVENTEENTH YEAR OF THE COMMONWEALTH. 137 then it shall and may be lawful for the next fucceeding Sheriff or other Officer, to convey the fame to the purchafer or purchafers thereof, in as full and ample manner as his predeceffor in office might or fhould have done. 1792. XVI. IF the lands and tenements, goods and chattels, of any Sheriff, Co- Proceedings against the roner, or other public Collector, are infufficient to fatisfy the debt, damages, and fecurities of public colcoits, due to the Public, judgment fhall be obtained against his fecurity or fecu- lectors, rities in the fame fummary way that judgment may by Law be obtained against his or their principal, and the lands and tenements, goods and chattels of fuch fecurity or fecurities, except as before excepted, fhall be taken in execution to fatisfy the balance of fuch debt, damages, and cofts, in the fame manner as the lands and tenements, goods and chattels of his or their principal, may be taken and fold agreeable to this Act. a collectors. Executive may direct property of public col lectors under execution heretofore ferved, to be XVII. IN every writ of fieri facias upon judgments which have been ob- Clerks to infert “‹ lands tained fubfequent to the faid feventh day of January, one thousand seven hun- and tenements" in excdred and eighty-eight, or hereafter to be obtained by the Commonwealth, a cutions against public gainst any Sheriff, Coroner, or other public Collector, or the fecurities of them, or either of them, after the words, "We command you that of the" the Clerk from whofe office fuch writ fhall iffue, fhall infert the words "lands and tenements," and conform the fubfequent part of fuch writ thereto. bt. XVIII. WHERE the property of any Sheriff, Coroner, or other public Col lector, or their fecurities, has been taken in execution to fatisfy a judgment obtained by the Commonwealth, and the fame was not fold for want of buyers, and return thereon hath been made to that effect, or where the property of any removed to an adjacent Sheriff, Coroner, or other Public Collector, or their fecurities, have been ex- county. pofed to fale by virtue of any writ of venditioni exponas, to fatisfy a judgment obtained by the Commonwealth, and could not be fold for want of buyers, and return hath been made to that effect, in either of the above cafes, it shall and may be lawful for the Executive, and they are hereby authorised and required to direct the officer, to whom any fubfequent process in either of the above cafes ought to iffue, provided fuch property cannot be fold agreeable to the directions of fuch fubfequent procefs, to caufe fuch property to be removed to fuch place in any adjacent County, as the Executive may direct, and there to be fold for money or government fecurities, on fuch terms, and in fuch proportions as they thall judge expedient: Provided, that if fuch property will not fell for Provifor three-fourths of its value, in the judgment of the valuers of the County, or in the judgment of fuch other perfon as may be by Law directed, where the sale shall be made, the Sheriff or other Officer fhall fell the fame on three months credit, and shall take bonds in the fame manner, and the like proceedings fhall be had thereon, as is herein before directed, in cafes of bonds taken on the fale of lands and tenements fold by virtue of this Act. c XIX. IN every cafe where any writ of fieri facias, or venditioni exponas if Executions against thefues against the eftate of a Sheriff on behalf of the Commonwealth, if by Law riffs to be served by the the fame ought to be directed to a Sheriff, fuch writ or writs fhall be executed high fheriffs. by the High Sheriff. d XX. IN like manner where any writ of fieri facias, or venditioni exponas Executive may direct » fhall hereafter iffue at the inftance of the Commonwealth, againit the eftate of the property of public any Sheriff, Coroner, or other Public Collector, or their fecurities, and the goods collector under execuand chattels of fuch debtor cannot be fold for want of buyers, the Executive tion, to be removed to an adjacent county. fhall direct the property to be removed and fold as above directed, in cafes of fuch Sheriffs, Coroners, Public Collectors, and fecurities, whofe property has not been fold for want of buyers.d XXI. IT fhall be the duty of the Auditor forthwith to acquaint the Execu- To be informed when tive when their interpofition is, or hereafter may become neceffary, to the car- their interpofition is nerying this Act into effect. d ceffary. XXII. THE Auditor, immediately on the return of any procefs which he And of process fraudufhall fufpect was fraudulently executed, fhall give notice thereof to the Execu- lently ferved. tive, whofe duty it fhall be to direct the Attorney of the Commonwealth for fuch Diftrict, County, or Corporation, to file an information thereupon, in which like proceedings fhall be had as in other cafès of information; and if it Fraudulent fales under fhall appear that such fale was fraudulently made, the property of any thing thus fuch process to be void (a) 1787, ch. 40, fee. 6. (b) Ib. fec. 7. fee last pa. fec. 9. + This clause frems only to contain a direction to the clerk as to the form of executims under the 9th lec. and does not extend to fecurities, who became fo before the 7th Jan. 1758. (c) 1787, ch. 40, Jec. 8. (d) 1787, ch. 40, fec. 9, 10. T |