A physician to the convicis, except by the particular direction of the physician for the use of the sick. 56. Sec. VI. A physician for the institution shall be appointed be appointed, by the governor and board of inspectors, and shall receive a salary of five hundred dollars per annum. his salary and duty. 57. Sec. VII. It shall be the duty of the physician to visit the convicts and guards every day before nine o'clock, A. M. to inspect once in every week, the institution generally, and report all deficiencies and delinquencies, so far as belongs to his department, weekly, to the visiting inspectors. All certifi cates to be returned to sue new ones of. Provided PUBLIC DEBT.*-1798. An Act for calling in the outstanding evidences of Debts due from this State, and for issuing new ones in lieu thereof, under proper checks and restrictions.-Passed February 2, 1798. Vol. I. 183. Whereas abuses may arise from a variety of certificates for debts due by this state, having been issued without proper checks : 1. Sec. I. Be it enacted, &c. That every person or persons holding any certificate or certificates, issued by either or any of the audithe comptrol-tors or treasurers of this state, as well for sums of money due and Ter general who shall is- owing from the state, as for bounties of land issued in favour of the in lieu there- late state troops, shall, within two years from and after the passing of this act, return the said certificate or certificates to the comptroller general, who shall file the same in his office of record, and issue to the holder thereof his certificate for the like amount in lieu thereof: Provided the said certificate or certificates, returned as aforesaid, cates be ge- shall appear to the entire satisfaction of the said comptroller general to be a genuine certificate or certificates, issued by one of the auditors or treasurers of the state agreeable to law, or a concurred resolution of the general assembly: And provided also, that nothing in Bryan's cer- this act shall extend to authorize the said comptroller general to receive any certificate or certificates under the signature of Wade and O'Bryan, or to issue his certificate in lieu of such certificate or certificates under the signature of the said Wade and O'Bryan. such certifi nuine. Wade and tificates ex cepted. Counterfeit certificates to 2. Sec. II. In case any certificate or certificates issued by any of be defaced. the auditors or treasurers as aforesaid, which shall be presented to the said comptroller general, shall appear to him to be counterfeit, he shall deface such certificate or certificates, by writing, in large letters, the word "counterfeit" on the face of the said certificate or certificates, and retain and file the same in his office, and shall not issue any certificate in lieu thereof. An Act further explaining and defining the duties and powers of the Whereas great abuses have arisen, and the state hath sustained many losses in the revenue, for the want of a proper officer to compel persons intrusted with the collection and care of public moneys to account for the same: For the origin and earlier history of the public debt, see title "Confiscation and Amercement." Time enlarged to 28th Nov. 1804. See scc. 6. comptroller 3. Sec. I. Be it enacted, &c. That the comptroller general shall, Duties of the from and after the passing of this act, keep fair and accurate accounts, general deshowing the several appropriations of money, examine and check all fined. governor's, president's, and speaker's warrants, and charge the amount thereof to the funds on which they may be respectively drawn, previous to their being presented to the treasurer for payment; examine and correct all returns of taxable property, settle with the several tax collectors, and all other persons indebted to the state; and in all cases where payments may be made at the treasury, give receipts for the same, founded on the treasurer's certificates, which certificates shall specially set forth the amount, on what account, and by whom paid, and be lodged as vouchers in the comproller's office. 4. Sec. II. All the powers heretofore vested in the treasurer to enforce the collection of public moneys shall be, and the same is hereby declared to be vested in the comptroller general. And whereas there are still outstanding many certificates, land bounties, and other evidences of debt, which have been issued in a vague and unguarded manner, and have not been renewed under proper checks, as required by an act passed at Louisville, on the 2d day of February, 1798. [The act last preceding.] Shall have the treasurer the power of in collecting public mo neys. cates not re declared null 5. Sec. III. Be it enacted, &c. That all certificates, land bounties, All certifi and other liquidated evidences of debt, specially designated in the newed in two said recited act, which shall not be renewed in manner and form years, hence therein prescribed, within the term of two years from and after the and for ever passing of this act, shall from thenceforth be deemed fraudulent and for ever barred. An Act to enlarge and extend the time for renewing certain audited 116. barred. ed for renew tificates. 6. The time allowed by an act, entitled "An Act for calling in," Time extend&c. [see sec. 1.] for renewing such audited certificates as are therein ing certain mentioned, be, and the same is hereby extended and enlarged for audited certwelve months from and after the passing of this act, any thing contained in that or any other law to the contrary notwithstanding: Provided that the comptroller general, in renewing such certificates, shall take especial care to reduce such as may be found subject to the scale of depreciation; and issue a new one for so much as may be found fairly and justly due, and no more. An Act to appropriate the Funds heretofore set apart for the Redemption of the Public Debt.-Passed December 22, 1808. Vol. II. 445. Whereas by an act of the general assembly, passed the 26th of June, 1806, entitled, An Act to dispose of, &c. [see Land, 117,] it is among other things enacted, "that the fractional parts of surveys, which may be created by the natural or artificial boundaries of said territory, shall be set apart for the redemption of the public debt, under the direction of a future legislature."* And whereas the aforesaid fund is now becoming productive, and a considerable part of the moneys due and owing to the state for such fractional surveys, have and will speedily become due; and the legislature having failed to make such arrangement of the said fund, as to * See Land, sec. 119. Outstanding evidences of the public debt, to be received in pay tions. rate and enable the proper officers to carry the intentions of the aforesa d act into effect. 7. Sec. I. Be it enacted, &c. That the treasurer, under the immediate direction of his excellency the governor, for the time being, shall and he is hereby authorized and directed to receive at ment for frac- the treasury office, in payment for such moneys as are or hereafter may become due on bonds taken and deposited in the treasury office, for the aforesaid fractional surveys, certificates, or outstanding evidences of the debt of this state, at and after the After what following rates, to wit: audited certificates and governor's warrants, commonly called warrants of anticipation, at one-eighth of their nominal value; president's and speaker's warrants, issued since the year 1789; gratuitous certificates, funded certificates, with seven years' interest added thereto, after the rate of seven per cent. per annum; and governor's warrants, issued since the , year 1789, at their nominal value; and bounty-land warrants, issued to the late state troops, amounting in the whole to 385,510 acres, at and after the rate of 344 cents per acre. manner. 55,000 dollars of said fund the payment 8. Sec. II. The sum of 55,000 dollars of the money arising appropriated from payments on the aforesaid bonds shall be, and the same is annually for set apart and appropriated annually and every year, for the reof said debts. demption of the aforesaid outstanding evidences of the debt of this Provided, state; provided such sum shall be annually received at the treacomes into sury, and his excellency the governor for the time being is herethe treasury. by authorized and empowered to issue to the holder or holders that amount fractions in be dischar of certificates of any of the aforesaid denominations, reduced as be- An Act supplemental to the foregoing.-Passed December 12, 1809. Debts due for 9, Sec. I. Immediately from and after the passing of this act, the first land all sums which may be due and owing this state for the purchase lottery may of fractional surveys of land in the counties of Baldwin, Wilkinged in debts son, and Wayne, which were created by the natural or artificial owing by the state. boundaries of the territory acquired of the Creek nation of Indians by the United States' commissioners, in a treaty entered into at or near Fort Wilkinson, on the 16th day of June, 1802, shall be and the same are hereby made receivable at the treasury of this state, in the species of debt, and under the restrictions and regulations pointed out by an Act to appropriate the Funds heretofore set apart for the redemption of the Public Debt of this State, passed on the 2d of December, 1808, any law, usage, or custom to the contrary notwithstanding. Audited cerCificates and bounty war 10. Sec. II. All the audited certificates and bounty warrants, which have been renewed, or may hereafter be renewed by law or resolurants renew- tion, since the first Monday in November, 1808, shall be considered 1808, to be re- and taken in upon the same terms as those which were embraced in ceived. the act to which this is amendatory. ed since Nov. See section 11. An Act to amend an Act, entitled "An Act to appropriate the Funds Whereas, by the second section of the aforesaid act, passed the 22d day of December, 1808, the sum of 55,000 dollars of the money arising from payments on the bonds for fractional surveys, which were created out of the late cession of land obtained from the Creek nation by the United States, in a treaty concluded at the city of Washington, the 14th of November, 1805, should be set apart and appropriated, annually and every year, for the redemption of the outstanding evidences of the debt of this state; and that his excellency the governor for the time being, should draw in favour of such evidences of debt, reduced in manner as is in said act directed, provided such sum should be annually received at the treasury on account of such fractional bonds: And whereas it appears that such sum in money is not annually received at the treasury, and the objects of said law are thereby defeated: upon the in favour of ors, although 11. Be it enacted, &c. That his excellency the governor, for the The governtime being, shall be, and he is hereby authorized to issue to the holder or may draw or holders of certificates of any of the denominations mentioned in the fraction fund before-recited act, reduced as is therein directed, a warrant on the state credittreasury for the amount of his, her, or their claim, payable out of any oray not money arising from payments made to the treasury for the aforesaid amount to fractional surveys, without any regard to the amount which may be in the treasury on account of that fund; provided the same amounts to the claim in whose favour he may draw. 55,000 delis. RELIGIOUS SOCIETIES.-1805. An Act to secure to Churches or Religious Societies, the lots of land conveyed to them for erecting Churches and Meeting Houses. Passed December 3, 1805. Vol. II. 250. of land to valid. 1. Sec. I. All deeds of conveyance heretofore made, and which Conveyances may hereafter be made by any person or persons for any lots of land churches to within this state, to any church or religious society, or to trustees for be good and the use of any church or religious society, for the purpose of erecting churches or meeting houses, are and shall be deemed and taken to be good and valid, and available in law, for the intents, uses and purposes contained in such deeds of conveyance; and all lots of land so conveyed, shall be fully and absolutely vested in such church or religious society, or in their respective trustees, for the uses and purposes in the said deed expressed; to be holden to them or their trustees for their use, by succession, according to the mode of church government or rules of discipline exercised by such churches or religious societies respectively. es to have same by 2. Sec. II. All trustees to whom conveyances are or shall be such churchmade for the purposes herein before expressed, shall be subject to the power to the authority of the church or religious society for which they hold regulate the the same in trust, and may be expelled from the said trust by such themselves or church or society, according to the form of government or rules of whose va discipline by which they may be governed. And every church or cies they may religious society shall be, and they are hereby authorized and em fill vacan powered to fill up all vacancies which may happen in the said trusts, by death, removal, expulsion or otherwise; and when any vacancy shall be filled up, the same shall be certified under the hand or hands of the person or persons presiding in the said society, and according to the form of government or discipline practised by the said church or society; which certificate shall express the name of the person appointed to fill the vacancy, and the name of the person in whose place he shall be appointed, and the said certificate being recorded in the office of the clerk of the superior court of the county in which the land lies; the person so appointed to fill such vacancy, shall be as fully vested with such trust, as if a party to and named in the original deed. For the prohibition of selling spiritous liquors near places of worship, see Penal Laws, sec. 7. Distress war30 dollars to constable. RENT.-1811. An Act to point out the mode for the collection of Rents.*—Passed December 16, 1811. Vol. III. 737. 1. Sec. I. From and after the passage of this act, it shall and may be rants under lawful for any person who may hereafter have rent due, where the be levied by a same does not exceed thirty dollars, to make application to any justice of the peace within the district where his, her or their tenant may reside, and obtain from such justice a distress warrant for the sum claimed to be due, on oath in writing, for the said rent, and the same may be levied by any constable duly qualified, on any property belonging to the said tenant, who shall advertise and sell the same under the same rules and regulations as other sales under execution; and where any distress shall issue for a sum exceeding thirty dollars, it shall be levied by the sheriff of said county, advertised and sold as in cases of other executions: Provided nevertheless, that the party distrained, shall be entitled to replevy the goods so distrained, by making oath that the sum or some part thereof distrained for, is not due, and give security for the eventual condemnation money, and in that case it shall be the duty of such officer to return the same to the court having cognizance of the same, and the same shall be determined by a jury as practised in other cases of claims. If over 30 dollars, to be levied by a sheria. Replevy Claims to be returned and fried as in 2 Sec. II. Where property distrained may be claimed by a third person, the same shall be claimed on oath, which claim shall be reother cases. turned, tried and determined in like manner and under the same rules and regulations as are by law pointed out for the trial of the right of property. Rent not to 3. Sec. III. In no case a preference shall be given to persons disbe preferred training for rent, where there are any judgments against the person or property so distrained. to judgments. Tenants holding over shall pay double 4. Sec. IV. Where any tenant shall refuse to give possession of the premises at the end of his lease, it shall be lawful for the person rent monthly leasing the same to demand of such tenant, monthly, double the sum that the same was leased for, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time, by distress in manner pointed out as aforesaid. Re-entry at 5. Sec. V. If any person leasing or renting land, house or houses, the end of the shall fail to pay the rent at the time the same shall become due, it shall term The act of 1810. Vol. II. 629, superseded by this. |