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 couvenient 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 churchwardens of the said parish, and now depending, may be prosecuted in the same manner as if this act had never been made.

CHAP. XLIII.

An act to regulate the pay of the militia heretofore called into service.

[Chapter LXXXII in original.]

gulated

I. BE it enacted by the General Assembly, That the Pay of militi. pay of the militia called into service prior to the first a, called into day of October, one thousand seven hundred and eigh- service, rety, who have marched into any other state, or have been embodied in this for the space of one month, 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.

CHAP. XLIV.

[Chapter LXXXIV in original.]

han. Rev.

An act to repeal so much of a former act as suspends the issuing of exe. p. 165.] cutions upon certain judgments until December, one thousand seven 1781, c. 22. hundred and eighty-three.

See Nov.

I. BE it enacted by the General Assembly, That so Repealing much of an act passed at the last session of Assembly clause. 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..

British debts assigned.

execution.

II. And be it further enacted, That no debt or demand whatsoever, originally due to a subject of GreatBritain, 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 consideration and the time thereof, shall be on the plaintiff. Provided always, That when any Tobacco, hemp and execution shall be issued between the first day of March, flour may be one thousand seven hundred and eighty-three, and the tendered in 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 navigaAt what tion. And the county courts shall settle every month price. 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 Judgments for money. Provided also, That executions issued upon 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 1778, ch. 14. 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.

on future

contracts excepted.

Repeal as to lawyers fees, see October

CHAP. XLV.

An act to amend the act for adjusting claims for property impressed or taken for public service.

[Ch. LXXXV

in original.]

1. WHEREAS by an act intituled, "An act for ad- Preamble. justing 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 provisions 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.

II. Be it therefore enacted, That all receipts or cer- Receipts of tificates of the said commissioners, or any of them, certificates which have been received by sheriffs or other collec- received by tors for taxes, agreeable to the directions of the said act, may be audited and paid at the treasury in dis- able to exist charge of the same.

sheriffs for

taxes, agree.

ing laws, to

at the trea

III. And whereas there has been many instances of be received sheriffs or collectors of taxes, who have made applica- sury. tion 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 sueriffs 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

Damages & interest remitted to

under exist

ing laws.

Sheriffs to

to certifi

cates by them receiv

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 sheriffs who to the auditors, offering to make a settlement and payhad offered ment as aforesaid, and the auditors are convinced thereto settle at of, either from recollection of the circumstances, or the treasury, 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 make oath as 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 ed for taxes. 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