CHAP. XXX. An act to revive and continue the several acts of Assembly for suspend. ing the issuing of executions on certain judgments until December, 1788. [Chapter CCXVII in original.] Chan Rev. p. 218. 1781, ch 23. See Nov. May, 1782,ch 44. Oct.1782, Dee 6.176. I. WHEREAS the present scarcity of specie in this state causes an utter inability in debtors to discharge their debts, unless they are still permitted to pay them in the produce of the country, or by transferring property to their creditors, and it is therefore wise, just, and necessary, that the act, intituled, "An act to amend an act, intituled, an act to repeal so much of a former act as suspends the issuing of executions on certain judgments until December, one thousand seven hundred and eighty-three," (which provides a remedy for the said mischief) and expired on the first day of the present month, should be revived and further continued: Be it therefore enacted, That the said recited act, intituled, "An act to amend au act, intituled, an act, to repeal so much of a former act as suspends the issuing of executions on certain judg- Acts of Oct. ments until December, one thousand seven hundred and 1782, ch 45, eighty-three," be, and the same is hereby revived and ch.44,prohi& May,1782; further continued, from the day on which it expired, biting recov for and during the term of four months, and from thence ery of Brit. to the end of the next session of assembly. ed on executio is reviv ish debts, & II. And whereas the said before recited act, intituled, lands&slaves permitting "An act to repeal so much of a former act as suspends to be tender. the issuing of executions upon certain judgments until December, one thousand seven hundred and eighty- ed and conthree," hath also expired: Be it farther enacted, That tinued. the said last recited act, intituled, "An act to repeal so much of a former act as suspends the issuing of executions upon certain judgments until December, one thousand seven hundred and eighty-three," shall be, and the same is hereby also revived, and shall continue and be in force for and during the term of four months, and from thence to the end of next session of assembly. [Chapter CCXVIII in original.] Chan. Rev. pa. 218. Provision for tracted by U CHAP. XXXI. An act to provide certain and adequate funds for the payment of this state's quota of the debts contracted by the United States. 1. WHEREAS the United States in congress assempaying this bled, did, by their act of the eighteenth day of April in stares quota the present year, recommend to the several states as inof debts con- dispensibly necessary to the restoration of public crednited States. it, and to the punctual and honorable discharge of the public debts, to invest the United States in congress asAct passed in sembled, with a power to levy for the use of the United House 16.Dec. States, certain duties upon goods imported into the said states from any foreign port, island, or plantation, as Monate 18.Dec.therein enumerated, and upon all other goods, a duty of Jour. H. ofDel. five per centum ad valorem, at the time and place of importation, subject to such limitations and restrictions 65.270. as in the said act are particularly mentioned. to levy a du II. And whereas the raising a general revenue Congress throughout the United States by duties imposed on empowered commodities imported, and appropriated to the disty on goods charge of the principal and interest of the public debts, imported & may contribute to lighten the burthen of taxes on real make regu- and personal property, and thereby prove a great ease gollecting it. and relief to the people; Be it enacted, That the United lations for Duty on par States in congress assembled, shall be, and they are hereby vested with full power and authority, to levy for the use of the United States, upon goods imported into this state from any foreign port, island, or plantation, the following duties, to be collected under such regulations as the United States in congress assembled shall direct, to wit: Upon all rum of Jamaica proof, ticular arti. per gallon, four ninetieths of a dollar; upon all other spirituous liquors, three ninetieths of a dollar; upon Madeira wine, twelve ninetieths of a dollar; upon all other wines, six ninetieths of a dollar; upon common Bohea tea, per pound, six ninetieths of a dollar; upon all other teas, twenty-four ninetieths of a dollar; upon pepper per pound, three ninetieths of a dollar; upon brown sugar, per pound, half a ninetieth of a dollar; upon loaf sugar, two ninetieths of a dollar; upon all other sugars, one ninetieth of a dollar; upon molasses, des. goods. tion and con ed for. per gallon, one ninetieth of a dollar; upon cocoa and coffee, per pound, one ninetieth of a dollar; and upon all other goods, a duty of five per centum ad valorem, 5 per cent. ad valorem at the time and place of importation. Provided, that on all other the said duties shall be applied to the discharging the interest and principal of the debts contracted on the faith of the United States for supporting the late war, Appropriaand on no account diverted to any other use or pur- tinuance of pose, nor to be continued for a longer term than twen- duties. ty-five years. And provided also, that an account of the proceeds and application of the said duties, be made out and transmitted annually to the several states To be annudistinguishing the proceeds of the several articles, and ally accountthe amount of the whole revenue received from each state, together with the allowances made to the several officers employed in the collection of the said revenue. III. And be it further enacted, That the governor of this commonwealth, for the time being, with the ad- conc vice of the council, shall be, and he is hereby authori- appoint colzed and empowered in the first instance, and as there lectors, reshall be occasion, from time to time to appoint the col- movable by lectors of the duties aforesaid, which collectors so appointed, shall be amenable to, and removable by, the United States in congress assembled, alone; and in case the governor, as aforesaid, shall fail to make such appointment, within one month after notice given to him by congress for that purpose, the appointments may then be made by the United States in congress assembled; provided such appointment be made to a citizen of this state. Governor & council to congress. Commence tinuance of IV. And be it further enacted, That this act shall ment & concommence and be in force, so soon as each and every the att. of the other states in the union shall pass laws conformable to the act of congress herein before recited, and official communication thereof be made by the United States in congress assembled, to the governorof this commonwealth, who, on receipt thereof, shall promulgate the same by proclamation, which he is hereby authorized and directed to issue, and thereupon the respective grants of the states shall be considered and deemed bythis state as forming amutual compact among all the states, and be irrevocable by any one or more of them without the concurrence of the whole, or a majority of the United States in congress assembled. ried for trial or compelled to an out of the state Other regulations. Provided always, that nothing herein contained shall give the United States in congress assembled, a pow er to direct any regulations for collecting the aforesaid Collectors duties, which shall extend so far as to subject any pernot to be car- son or persons committing a breach of this act within this commonwealth, to be carried out of the same for trial, or to compel him to answer any action out of the swer a suit state, or to deprive him of a trial according to the constitution and laws of this commonwealth, or to convict him criminally, without a trial by jury, or his own voluntary confession in open court, or to impose excessive fines, or to break open any dwelling house, store, or ware-house, at any other time than the day time, between the rising and sitting of the sun, nor then, without a warrant from a lawful magistrate, and issued And Trials upon upon the oath of the party requesting the same. also provided, that the trial on all seizures arising within this commonwealth, under this act, shall be before of admiralty the court of admiralty of this state, and from the judgand appeals ment of the said court, either party shall be allowed an of appeais appeal to the court of appeals of this state, before whom Limitation a trial shall in all cases be final; and that in no case the forfeiture shall exceed the goods seized and the vessel in which the said goods may be imported. seizures here, to be in the court to the court of forfei tures. [Chapter CCXIX in original] [Chan Rev. p. 219.] Preamble. ed. CHAP. XXXII. An act for reducing the several acts of assembly concerning surveyors, into one act, and for paying clerks and other officers fees. 1. FOR reducing the several acts of assembly concerning surveyors into one act, and for defining as well Surveyors, their duties as for establishing and regulating their fees how appoint in future, Be it enacted, That every person who shall hereafter desire to become a surveyor, shall be nominated by the court of his county, examined & certified able by the president and professors of Williani and Mary College, and if of good character, commissioned by the ! office. court. governor, with a reservation in such commission to the said professors, for the use of the college, of one sixth part of the legal fees that shall be received by such surveyor, for the yearly payment of which he shall give To give bond with sufficient security to the president and mas- bond to the ters of the said college; he shall hold his office during college. good behaviour; and before he shall be capable of en- Tenure of tering upon the execution of his office, shall, before the To be sworn court of the same county, take an oath and give bond and give with two sufficient sureties to the governor and his suc- bond in cessors, in such sum as he with advice of his council, shall have directed, for the faithful execution of his office. All deputy surveyors shall be recommended by How deputheir principals to the court of the county of which such ties shall be principal may be surveyor; the court shall thereupon appointed. appoint and direct one or more fit persons to examine into the capacity, ability, and fitness of the person or persons so recommended, and upon a certificate of such examination and report of the capacity, ability, and fitness of the person or persons so recommended, the said court is hereby empowered and directed to appoint him or them to act as deputy or deputies, for whose conduct in every respect touching his office, the principal surveyor shall be answerable; and all depu- er and comTheir pow ties so appointed, shall have power and authority to pensation. act and do in all things and to every intent and purpose, as the principal surveyor, except in cases otherwise provided by this act, and shall thereupon be entitled to one half the fees received for services performed by them respectively, after deducting the proportion thereof due to the college. If any principal surveyor shall fail to nominate a sufficient number of deputies to perform the services of his office in due time, the court of the county shall direct what number he shall nominate, and in case of failure shall nominate for him. And if any deputy surveyor, or any other on his behalf and with his privity, shall pay or agree giving prinPenalty for to pay any greater part of the profits of his office, sum cipal more. of money in gross, or other valuable consideration, to his principal for his recommendation or interest in procuring the deputation, such deputy and principal shall be thereby rendered forever incapable of serving Land warin such office. Every person having a land warrant, ran s to be and being desirous of locating the same on any parti- lodged with cular waste and unappropriated lands, shall lodge such surveyor. principal 2 |