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Sheriff, &c. prohibited from becoming purcha

sers.

How lands purchased for com

be redeemed.

years after disability removed, he, she or they shall be forever barred of all equity of redemption in the land and premises so sold.

24. No sheriff or collector conducting the sales of any lands or lots under the provisions of this act, shall directly or indirectly, become the purchaser of any such lands or lots, and all such sales and purchases, and all proceedings under them, shall be absolutely null and void.

25. All lands and lots purchased in behalf of the commonwealth, monwealth may may be redeemed by the original owners, or their legal representatives, at any time within two years from the date of the sale, by payment into the public treasury, of the taxes for which the same were sold, adding thereto the taxes for any subsequent year, and When to be resold. also ten per centum per annum upon each item of tax. And if at the expiration of the said two years, the same shall not be redeemed, the auditor shall direct the sheriff or collector of the county or corporation, again to offer them for sale, adding thereto the taxes of each subsequent year.

Commissioner to place at the end of

land bought for

commonwealth.

able with tax.

Lands redeemed

26. It shall be the duty of the commissioner of the revenue to and book list of place at the end of his land book, all lands or lots which shall be purchased in for the commonwealth, pursuant to this act; and the Sheriff not charge-sheriff or collector shall not be charged with the taxes thereon. But if any of the said lands or lots shall be redeemed, the auditor shall so certify to the commissioner, who shall replace the same in the body of his book. In all cases of sales to individuals, the commissioner shall forthwith transfer the lands or lots so sold, to the purchaser, and if the same shall be redeemed by the original owners, in the manner herein before provided, the commissioner shall thereupon re-enter the same in the name of such original owners or their grantees.

to be certified to commissioner. Transfer by commissioner.

Non residents al

lowed to pay taxes in advance.

Auditor to transmit list of payments to sheriffs.

Repealing clause.

Commencement.

When auditor to

dispense with pub

27. It shall and may be lawful for non-residents, or other persons not residing in the counties in which their lands may lie, at any time before the first day of August in each year, to pay into the treasury in advance, the taxes assessed against them on the commissioner's books for that year, upon certificate of the auditor of public accounts, for which certificate the same fee shall be allowed as in cases of redemption, and the auditor shall immediately after the said first day of August, transmit a list of such payments to the sheriffs or collectors of the counties where the lands so assessed shall be situated, who shall be governed accordingly.

28. All acts and parts of acts, contrary to the provisions of this act, shall be, and the same are hereby repealed.

29. This act shall commence and be in force from and after the passage thereof, except as herein otherwise provided.

CHAP. 291.-An ACT to explain and amend an act concerning delinquent and forfeited lands, and providing for the sale of lands returned delinquent hereafter for the non-payment of taxes, passed March 10th, 1832.*

[Passed March 19th, 1832.]

1. Be it enacted by the general assembly, That the auditor shall lication of lists of not be required to publish lists of delinquent lands or lots west of the lands west of Al- Aeghany mountains, in cases where the taxes, exclusive of daleghany. mages charged thereon, shall not exceed ten dollars. (a)

*Acts 1831-2, ch. 73, p. 66.

(a) See ante. ch. 290, § 6.

for taxes under twenty dollars

in literary fund, or

onerated.

2. Be it further enacted, That the lands and lots lying west of Lands delinquent the Alleghany mountains, which have been vested in the president and directors of the literary fund, and the lands and lots which heretofore vested were sold for the non-payment of taxes and redeemed by the exe- sold and redeemed cutive for the benefit of former owners, shall be and the same are by executive, exhereby exonerated from the taxes and damages for which they were so vested, or sold, in cases where the said taxes and damages added together shall not exceed the sum of twenty dollars on any one tract or lot; and all lands and lots, where the said taxes and damages do not exceed the sum of twenty dollars as aforesaid, shall be released from all claims therefor: Provided, That such exonera- Rights of actual tion of lands and lots so vested in the president and directors of the occupants not to literary fund, shall not, in any wise, affect or impair the rights vest. paired. ed and secured, or intended to be vested and secured, by the laws now in force, in the actual and bona fide occupants of any of the said lands and lots.

be affected or im

lands heretofore

lished.

west of Alleghany

3. And be it further enacted, That the auditor shall cause lists Lists of what of the lands and lots lying west of the Alleghany mountains, which vested in literary have heretofore vested in the president and directors of the literary fund, to be pubfund, to be published in like manner with the other delinquent lists. 4. Be it further enacted, That the operation of so much of the Sale of lands, &c. act to which this is amendatory, as directs the sale of lands and lots suspended. for non-payment of taxes, and the proceedings consequent thereon, shall be suspended in the counties lying west of the Alleghany mountains, until the first day of April, one thousand eight hundred and thirty-four: Provided, That the sheriffs of the said counties List of lands not shall, nevertheless, be required to return a separate and distinct list improperly ou of all such lands and lots as are not ascertainable, or such as are commissioner's improperly placed on the land books; and the commissioner shall returned. correct his books in conformity thereto, as directed in the act above Commissioner to referred to.(b)

ascertainable or

books, still to be

correct his books.

perly stricken off

5. Be it further enacted, That it shall be lawful for any person How lands improhaving title to a tract of land or lot so struck from the land book, books may be to have the same replaced thereon, upon satisfying the commissioner replaced. or the court of the county or corporation, that the same was erroneously omitted.

6. This act shall be in force from and after the passing thereof. Commencement.

CHAP. 292.a-An ACT to amend "an act to reduce into one the several acts

concerning escheators."*

(Passed March 4th, 1822.)

when they direct

lands.

made by escheators to the audit or.

1. Be it enacted by the general assembly, That whenever the Steps to be taken executive shall direct the sale of any escheated lands, they shall the executive cause the order for such sale to be delivered to the auditor of pub- sales of escheated lic accounts, and it shall be the duty of the auditor to transmit the Auditor's duty. same to the escheator. It shall be the duty of the escheator, within Reports to be sixty days after the receipt of such order, to report to the auditor his proceedings under the same, and to account with him for the proceeds of any sale or sales made under the authority thereof; and if the sales shall not be completed within the said sixty days, the escheator shall again, in like manner, report and account, within the next succeeding sixty days: and so from time to time, within every

(b) See ante. ch. 290, § 10 to 26.

Acts 1821-2, ch. 15, p. 17.

where sale is on credit.

of purchasers, how suable.

period of sixty days, shall he report and account, in like manner, Escheator's duty until the sale or sales under such order shall be completed. (a) If any credit shall be allowed on such sales, the escheator shall take bonds and all other securities for the deferred payments, pursuant to the order of the executive, payable to the governor or chief magistrate of this commonwealth, for the time being, and his successors in office, for the use of the commonwealth, and shall return such bonds and other securities to the auditor, together with his Bonds, &c. taken report aforesaid. Upon such bonds, when they fall due, it shall be lawful for the auditor to obtain judgment in the general court, on ten days previous notice, to the obligors, their heirs, executors or administrators, or any of them, in the name of the governor, for the time being, for the use of the commonwealth; and upon the other securities, he may proceed according to their several kinds, either What courts shall in court or out of court, to recover the monies assured thereby. If have jurisdiction. proceedings in a court of law be required, the general court shall have jurisdiction, by motion, on ten days previous notice; if proceedings in equity, the superior court of chancery for the RichEscheator's com- mond district shall have jurisdiction. Upon all monies paid into the treasury upon such bonds, the escheator shall be allowed the same commissions as if he had received and accounted for the same. Commonwealth to When lands or tenements, escheated to this commonwealth, shall be sold by any escheator on a credit, the commonwealth shall without deed have a lien for the purchase money, for which credit shall be given upon such lands and tenements, until the same shall be paid, notwithstanding the purchaser may give personal security therefor, and until such purchase money shall be fully paid, it shall not be lawful to issue to the purchaser, or his representatives, any grant for such lands or tenements.(b)

pensation.

retain a lien on

the lands sold.

No grant to issue

until payment of

purchase money.

Penalty on escheator for

neglect or default.

2. If any escheator shall fail to make any report hereby required of him, within the period of time prescribed by this act, or shall fail to pay into the public treasury within the time limited as aforesaid, any money in his hands proceeding from any sale, or shall fail to return to the auditor the bonds and other securities for the purchase money, as hereby required, he shall forfeit and pay, for every such offence, a fine not less than one hundred, nor more than two hunHow recoverable. dred dollars, to be recovered by the auditor, in the general court, by motion, on ten days previous notice, in the name of the commonwealth, for the benefit of the literary fund; and he shall incur a similar fine, in like manner to be recovered, for every sixty days that such failure shall continue.(c)

And how often.

Auditor to keep a

3. It shall be the duty of the auditor to keep a book for the registry registry of lands of all lands, other than waste and unappropriated lands belonging belonging to the commonwealth, to the commonwealth, including those which may escheat to the including escheated lands. commonwealth, for the benefit of the literary fund. In such book What descriptions he shall describe, as nearly as may be, when and of whom such &c. shall be entered therein. lands were obtained, their situation, quantity and title thereto, together with the price paid by the commonwealth; and shall moreover state the time when disposed of, the price and terms of sale, the names of the agents and purchasers, and the amount of money Lists of such lands paid into the treasury on account of such sale. And, the better to to be furnished by commissioners of

revenue.

(a) 1 Rev. Code 1819, ch. 82, § 9, 10, 11, 12, pp. 296, 297.

(b) Ibid. § 13, p. 297.

(c) Ibid. § 15, 16, pp. 297, 298.

For Their compensa.

tion.

enable the auditor to make a complete registry of all such lands, it shall be the duty of the commissioners in the several counties and corporations within this commonwealth, to transmit a list of all such lands and lots in their respective districts, setting forth particularly all the information relative thereto which can be obtained. each tract of land or lot so certified, the commissioners shall be entitled to receive, by warrant on the treasury, the sum of one dollar.(d) 4. Be it further enacted, That the executive shall proceed to In what cases direct the sale of all lands and lots to which the commonwealth hath sales of lands to title, except where there is some legal impediment, or where such monwealth has a measure is forbidden by a sound discretion; and except also such rected by the exlands and lots, the sale whereof the auditor is already by law di- ecutive." rected to make.

which the com

title, shall be di

formation.

5. It shall be the duty of the auditor, from time to time, to lay Auditor's duty to before the executive all information which he may receive relative give executive into such lands; and all orders of the executive relative to the sale thereof, shall be directed to the auditor, and by him forwarded to the person authorized to make sale thereof.

6. All acts and parts of acts within the purview of this act, are Repealing clause. hereby repealed; saving all rights, remedies, fines, penalties or for

feitures which have accrued under such acts or parts of acts.

7. This act shall commence and be in force from the passing Commencement. thereof.

CHAP. 292b.-An ACT concerning escheats.*
(Passed February 18th, 1828.)

escheats to be

1. Be it enacted by the general assembly, That all fees, which Fees arising from have arisen, or may arise under the laws concerning, or pertaining paid from interest to escheats, the payment of which is not otherwise provided for, accruing from liteshall hereafter be paid from interest accruing from the literary fund. 2. This act shall be in force from the passing thereof.

CHAP. 293a.—An ACT to legalize certain official acts of the register of the land office.t

(Passed February 23d, 1832.)

rary fund. Commencement.

Whereas the term for which William Selden was elected register Preamble. of the land office of Virginia, expired on the sixth day of January, eighteen hundred and thirty-two, and no election of that officer took place until the first day of February following: and whereas between the sixth of January, and the second of February, the land office was regularly kept open, and many official acts were performed by the register and his clerks; and whereas doubts may exist whether, during that period, the official acts of the register were regular and legal:

certain period

1. Be it enacted by the general assembly, That the official acts official acts of of the said William Selden, register of the land office, shall be, and register within the same are hereby declared as valid, to all intents and purposes, legalized. as if the said William Selden had been regularly elected register on the said sixth day of January last. And the auditor of public Salary secured to accounts is hereby authorized and directed to issue his warrants to

(d) See next act.

Acts 1827-8, ch. 35, p. 27. See 1 Rev. Code 1819, ch. 82, § 15, 16, pp. 297, 298; also, ante. ch. 292, § 3.

+ Acts 1831-2, ch. 15, p. 14.

him.

Commencement.

Salary of first

clerk in register's

the register and his clerks, for their services in the land office from the sixth day of January, to the first day of February, eighteen hundred and thirty-two, inclusive.

2. This act shall be in force from and after its passing.

CHAP. 293b.-An ACT concerning the first clerk in the register's office.* (Passed March 19th, 1832.)

1. Be it enacted by the general assembly, That the salary of the office, increased. first clerk in the register's office shall hereafter be nine hundred dollars, in lieu of his present compensation.

Commencement.

County surveyors,

examined and commissioned.

2. This act shall be in force from its passage.

CHAP. 294.-An ACT to amend an act, entitled, "an act to reduce into one act the several acts concerning the land office, ascertaining the terms and manner of granting waste and unappropriated lands, directing the mode of processioning, and prescribing the duty of surveyors."

(Passed January 4th, 1821.)

1. Be it enacted by the general assembly, That every person who how nominated, shall hereafter desire to become a county surveyor, shall be nominated by the court of his county, examined and certified able, by the county surveyors of any two counties in this commonwealth, (whose duty it shall be to make such examination,) and, if of good Tenure of office. character, commissioned by the governor; and any person so commissioned shall hold his office during good behaviour, and before he shall be capable of entering upon the execution of the duties of said office, he shall take an oath, and enter into bond, with security, in the same manner as is now directed by law. (a)

Oath.

Bond and security
Repealing clause.

Commencement.

Office of surveyors, when to expire.

3. All and every statute, or clause or clauses of any statute, coming within the purview of this act, shall be, and the same is hereby repealed.

4. This act shall be in force from the passing thereof.

CHAP. 295.-An ACT changing the tenure of the office of surveyor.‡

(Passed March 25th, 1831.)

1. Be it enacted by the general assembly, That the several county surveyors of this commonwealth now in office, shall hold their said office till the first Monday in August next, and no longer, unless Tenure of office. again nominated and commissioned as the law directs. And every county surveyor who shall be hereafter appointed, shall hold his office for the term of seven years from the date of his commission, and no longer, unless again nominated and commissioned as aforesaid.

Surveyors to reside in county.

2. Be it further enacted, That no person shall hold the office of surveyor, unless he continues to reside in the county for which he Who to hold the may be commissioned; and if any vacancy shall occur in the office

office in case of

vacancy.

*Acts 1831-2, ch. 16, p. 14. Former salary seven hundred and twenty-five dollars, 1 Rev. Code 1819, ch. 29, § 4, p. 74.

+ Acts 1820-21, ch. 37, p. 37. The second section of this act suspending for five years the law for processioning of lands as to the counties of Lewis, Preston, Nicholas, Tyler and Morgan is omitted, being temporary.

(a) See 1 Rev. Code 1819, ch. 86, § 9, 10, 11, 12, pp. 324, 325. Tenure of office changed, post. ch. 295.

Acts 1830-31, ch. 27, p. 87. See 1 Rev. Code 1819, ch. 86, § 9, 10, 11, 12, pp. 324, 325; also, ante. ch. 294. Appointments and recommendations of courts to be by viva voce vote; ante. ch. 122, p. 179.

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