How com. mutables to be weighed. Treasurer ments. IV. And be it further enacted, That hemp, flour, and all other articles directed to be paid by this act, shall be weighed by the nett weight or short hundred, and that the several certificates for hemp and flour shall be separate, so that the several commutable articles may appear in a clear and distinct view. V. And be it further enacted, That the treasurer may receive shall and may receive from any sheriff or collector, partial pay. who shall obtain the certificate of the auditors of any partial settlement made with them, such sums of mo ney, or quantities of tobacco, hemp, flour, or deer skins, or sums in warrants and certificates receivable by law, as such sheriff or collector shall tender him in payment for the same, and grant his receipts accordingly. VI. And whereas very great loss has been heretofore sustained by the article of hemp, owing to the carelessness of the inspectors or receivers thereof, or other causes: That the like may in future be preventHemp may ed, Be it enacted, That the purchaser or person receivbe reviewed ing the notes for hemp, from the public, may at his by the pur- own proper cost and charges upon delivery thereof, chaser. thereon. giving notice to the inspector or receiver, open and review the hemp so to him delivered, and if the same shall appear unmerchantable or damaged, it shall and may be lawful for any two justices of the peace for the Proceeding county in which such hemp shall have been stored, upon application of the person demanding the same, to issue their warrant, directed to seven men well skilled in the quality of hemp, who, or any five of them, haying first taken an oath to do impartial justice between the person demanding the hemp, and the public inspector or receiver, shall examine the quality and condition thereof, and if it shall be found by them that the same is not sound, clean, and merchantable, they shall make report thereof, and such hemp shall, by order of two justices (upon such report to them presented) be directed to be sold at public vendue, for ready money, What satis- upon such notice as to them shall seem reasonable; and faction shall if the said hemp shall not sell for the current price of be made by good merchantable hemp (which price shall be affixed receiver. by any two justices before the sale) the difference between the prices shall be paid by such inspector or pub-~ lic receiver to the person demanding the said hemp; and upon refusal to make payment, it shall be lawful for the court of the county in which such hemp shall have been stored, and they are hereby required, upon motion to them, reasonable notice having been given, to give judgment and award execution for the amount thereof, together with costs, and the charges necessarily expended by the person demanding the said hemp; and the sheriff shall levy and account for the same as by law in other cases of execution is directed. count, and VII. And whereas the time fixed by the act of the last session, for payment into the public treasury by to ime sheRepeal as the sheriffs, will not in many of the counties give the she- riffs to ac riffs opportunity to make the collections compleat, and for additionit is not necessary that the judges of the general court al sessions of should hold an additional sessions for rendering judg- general ments against delinquent sheriffs: Be it enacted, That court. so much of the said act as compels the respective sheriffs to account for, and pay into the public treasury, the amount of their several collections, on or before the twentieth day of January next, and the judges of the general court to hold an addional sessions on the second Monday in February, shall be, and the same is hereby repealed. Sheriffs to VIII. And be it further enacted, That the respective sheriffs shall account for and pay the amount of account and their several collections into the public treasury, on or of March pay the first before the first day of March next; and in case any next. sheriff or collector shall fail to account før, as by law is directed, and pay into the public treasury by the said first day of March, the money, or other articles in lieu thereof, by him received for taxes, every such delinquent sheriff or collector shall be liable to a judgment against him, on motion, with damages and interest, as by the former act directed, at the general court in April next, or any succeeding court; provided the party shall have had legal notice of the same. And IX. And be it further enacted, That none of the articles made commutable by this act, shall be received by the sheriffs or collectors from the persons chargeable with taxes, after the first day of March next. that it shall be at the option of the treasurer to receive the same or any part thereof (flour excepted, which he is hereby directed not to receive) from the sheriffs or collectors after the first day of April next. 02 VOL XI. How notice en to she riffs and proved. X. And to explain what shall be legal notice, Be it may be giv enacted, That in all cases of delinquency by the sheriffs or collectors of the public revenue, when a motion is intended to be made against them, affidavit before, any justice of the peace within this commonwealth, that notice of such intended motion shall have been made, either by delivery thereof to the party, or in case he shall not be found at his usual place of abode, by leaving the same thereat for him, ten days before such motion is made, shall be held, deemed, and taken as sufficient and legal notice. Distress for taxes sus pended. XI. And be it further enacted, That the distress for the money and commutables, hereby made receivable in payment of taxes, shall be suspended until the first day of January next, any law to the contrary notwithstanding. And that after the said first day of January, distress may be made by the respective sheriffs and collectors within this commonwealth, in the manner directed by the act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act." [Chapter CLXXXIX CHAP. II. in original.] An act to amend the several acts of Chan Rev. pa. 209. See October 1782. ch 9, May 1783, ch. 32. Courts may assembly concerning the appointment of sheriffs. 1. WHEREAS by two acts of assembly, one intituled "An act concerning the appointment of sheriffs," and the other “An act to amend an act intituled an act concerning the appointment of sheriffs," the county courts are directed to proceed to the nomination of sheriffs within certain limited periods. And whereas nate sheriffs, several county courts have not made such nomination where they according to the said recited acts: For remedy whereof, Be it enacted, That in all cases wherein the county courts have failed to make such nomination within the periods prescribed by the said recited acts, the said yet nomi have failed. county courts shall and may, and they are hereby empowered, to proceed to a nomination of two persons proper to fill the office of sheriff within their county, at any session of their court subsequent to the periods mentioned in the said recited acts; and one of the persons so to be nominated shall be commissioned by the governor, in the same manner as if the nomination had been made according to the directions of the said recited acts. II. And be it further enacted, That where the court Irregular noof any county hath already recommended persons minations to as proper to fill the office of sheriff, not within the be regarded. periods prescribed by the said recited act, the governor is hereby empowered to commission one of the persons so recommended to act as sheriff for the said county. If sheriff's III. And whereas it sometimes happens that sheriffs fail to give neglect or fail to give security for the collection of the security for taxes, yet are willing to enjoy the other emoluments taxes, a new and profits of the office attended with less risk: Be it sheriff to be therefore enacted, That where any sheriff now in com- appointed. mission, hath failed to give security for the collection of the taxes, or where any sheriff hereafter commissioned, shall fail to give such security at the next court to be held for his county, the clerk of every county court respectively, where any such failure shall happen, shall certify the same to the governor, who is hereby authorized and required to issue a commission for the next person nominated by the court, which to all intents and purposes shall supersede and annul the former commission. And if the second person so commissioned, shall also neglect or refuse to give security as aforesaid for the collection of the taxes, the governor with advice of council, is hereby authorized to commission any other justice of the peace for the said county, who shall be nominated by the court thereof. mend. IV. And be it further enacted, That the court of When courts every county shall hereafter, in the month of June or are to recom July annually, nominate two persons named in the commission of the peace for their county, one of whom shall be commissioned by the governor, to execute the office of sheriff, any law to the contrary notwithstanding. Deputy she. ble to assem. their quie tus. V. And be it further enacted, That no deputy sheriff shall be eligible to either house of assembly, until he has been two years out of office, and has made up his collections of the public taxes, and paid into the treasury all arrearages, and has obtained a quietus for the same. [Chapter CXC in orig. inal ] Chan. Rev, Sigued by Speaker of Preamble CHAP. III. An act directing the emancipation of certain slaves who have served as soldiers in this state, and for the emancipation of the slave Aberdeen. I. WHEREAS it hath been represented to the prereciting that sent general assembly, that during the course of the many slaves, war, many persons in this state had caused their slaves during the to enlist in certain regiments or corps raised within the enlisted into same, having tendered such slaves to the officers apthe army, as pointed to recruit forces within the state, as substitutes substitutes, for free persons, whose lot or duty it was to serve in being ten. dered as free such regiments or corps, at the same time representing waj, were men. to such recruiting officers that the slaves so enlisted by their direction and concurrence were freemen; and it appearing further to this assembly, that on the expiration of the term of enlistment of such slaves that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles. of justice, and to their own solemn promise. 11. And whereas it appears just and reasonable that All slaves so all persons enlisted as afosesaid, who have faithfully enlisted, by served agreeable to the terms of their enlistment, and appointment of their mas have thereby of course contributed towards the estabters, and ser- lishment of American liberty and independence, should ving their enjoy the blessings of freedom as a reward for their term, eman. toils and labours; Be it therefore enacted, That each cipated. and every slave, who by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this state, either on continental or state establishment, and hath been received as a sub |