Sheriffs empowered to sell lands

where they

CHAP. V.

An act for the relief of Sheriff's in certain cases.

where

(Passed the 15th of December, 1791.)

SECT. 1. BE it enacted by the General Assembly, That any sheriff or collector of the public revenue, shall make it appear to the court of his county, by receipt have paid the from the auditor of public accounts, that he had paid intaxes thereon. to the public treasury the full amount of the taxes he was bound to collect before the passing of an act of the last session of Assembly, intituled, "An act to amend the act, intituled, An act to remedy abuses in the manner of selling lands for the payment of public taxes;" and also produce to the court satisfactory proof that he has not received the taxes for which he has accounted, on lands within his county belonging to persons who have no other property on which the said taxes can be levied, it shall and may be lawful for the court to authorise and diSales, how to rect the said sheriff or collector to sell, after due notice be conducted. given, for ready money, the said lands or so much of them as will discharge the taxes on them respectively as aforesaid, together with the expenses of notice and sale. Provided nevertheless, that if any of the said lands will not sell for three-fourths of their value in the opinion of the commissioners of the land tax, the same shall be sold at six months credit, the purchaser giving bond with good security for payment with interest to such sheriff or collector, which bond may and shall be of the same force, have the same effect, and be proceeded on in the same manner, as bonds taken on distress for rent.

SECT. 2. This act shall commence and be in force from the passing thereof, and shall continue in force for the term of two years, and no longer.

CHAP. VI.

An act authorising the executive to direct the sheriffs to sell certain lands the property of this Commonwealth.

(Passed the 20th of December, 1791.)

sheriff's lists of

taxes.

SECT. 1. BE it enacted, That the governor, with the The executive advice of council, is hereby authorised and empowered to send to the to transmit from time to time, to the several sheriffs in lands purchastheir respective counties, wherein the land belonging or ed by the pubwhich may belong to the Commonwealth, may lie, and lic for the nonwhich became or will become the property of the said payment of Commonwealth by purchase, for taxes due under the revenue laws, and which land has not been or shall not be redeemed within the time limited by law, lists of all such land as aforesaid, and the amount of taxes, costs and damages, for which the said land was subject, and demand a receipt therefor, from such sheriffs, which receipt shall be lodged in the auditor's office, have the force of a bond, and be entered in a book to be kept for that purpose.

said lands,

SECT. 2. The said sheriffs on the receipt of the lists The sheriff's aforesaid shall proceed without delay, to advertise the to sell the said lands for sale, giving as full a description of all the said land in his county, as he shall be able to obtain, and after advertising as aforesaid, two months on one or more court days in each month, at the door of the courthouse of his county, and at such other public places as he may think necessary, sell the said land, within the term of three months from the receipt of the said lists, at the times and places notified, for the best price to be got

the day of sale;

in ready money, unless the owner, his agent or friend, unless the shall on or before the day of sale, pay up the full amount taxes and their of the taxes and damages for which such land is now commissions are paid on chargeable, and five per centum as a commission to the said sheriff: And in case of payment as aforesaid, the said sheriff shall release such land, by certificate under his hand and seal, duly attested by three respectable witnesses, that the public demands as aforesaid on the said land are satisfied, and in every such case, he shall return a copy of the said certificate to the auditor, and shall alVOL. XIII.-i

and account

so make true return of every sale or sales, and account for the money. for and pay the amount thereof into the public treasury, within two months after the last sale made, deducting therefrom a commission of five per centum only, and the necessary charges, under the same penalties as are by law inflicted for failure to make payment under the revenue law. And the auditor of public accounts shall have the same power and authority to call delinquent sheriffs herein to account, in the same manner, and have the same proceedings and remedies against them, as is had on bonds for the collection of the revenue.

Penalty on

SECT. 3. And be it further enacted, That any sheriff sheriff refus- refusing to receive the said list of lands, or to grant a ing to receive the list, or fail- receipt for the same, or failing to make due and faithing to account ful return of his proceedings, relative thereto, shall on for the money. proof thereof in any court of record within this Com

Sheriffs to convey the

land sold by be allowed the

them, and to

expense of

surveying it.

To survey the said land at

their own expense, where they have been hereto fore allowed for it, or to pay the

monwealth, on motion of the auditor of public accounts, forfeit and pay the sum of ten pounds, and costs: Provided, such sheriff has ten days previous notice of such motion. And the said motion may be repeated during the continuance of such failure, by the auditor, on giving new notice as aforesaid, until recovery be had of double the amount of arrearages due on the land, in such lists as may be put into his hands, with interest, damages and costs of such motion or motions.

SECT. 4. And be it further enacted, That any sheriff making sale of the lands as aforesaid, be authorised and required on payment of the purchase money being made to him, to convey the said land in fee, to the purchaser or purchasers by one or more deed or deeds as may be necessary, and that the proper expenses attending the surveying and laying off such land, shall be paid by the said sheriff, and be allowed to him in settlement of his

account.

SECT. 5. And be it further enacted, That where any sheriff shall heretofore have been allowed in settlement with the treasurer for any survey of the lands aforesaid, and shall not have made the said survey, that he shall cause such survey to be made when required, at his own costs, or that it shall and may be lawful for the auditor of public accounts by himself or agent, to demand and amount there- receive the said allowance; and if it shall not be paid, of to the audi- he may recover the amount thereof by motion, with costs, in any court of record, on ten days previous notice to any such sheriff or sheriffs, or their securities; and the

tor,

pay

money so refunded, the auditor shall account for and into the treasury, on order from the executive, who shall previously examine and certify his account to be right. SECT. VI. And be it further enacted, That whenever or to the party the lands shall be redeemed and released as aforesaid, in case the "land is reon which no survey has been, and where the said allow- deemed. ance has been made to any sheriff, it shall be repaid to the owner of such land, and he shall have the same remedy against such sheriff and his securities, as is herein. given to the auditor of public accounts.

SECT. VII. This act shall commence and be in force Commencefrom and after the passing thereof.

ment of the

act.

CHAP. VII.

An act for the election of additional Representatives to the present Congress.

(Passed the 20th of December, 1791.)

SECT. 1. WHEREAS it is necessary that provision Preamble. be made for the election of additioual representatives to serve in Congress until the fourth day of March, one thousand seven hundred and ninety-three; Be it enacted Additional reby the General Assembly, That on the second Tuesday in presentatives to Congress, February next, an election shall be held for choosing one when to be representative to Congress for the counties of Acco- elected; armack and Northampton, which shall compose one dis- rangement of trict; for the counties of Norfolk, Princess Ann, Nanse- districts. mond, Isle of Wight, Surry, and Southampton, which shall compose another district; and for every other district, except the district of Kentucky, agreeably to the arrangement thereof made by the act, intituled, "An for the election of representatives pursuant to the constitution of government of the United States," one additional member shall be chosen: Provided always, That if this state shall be entitled to no more than nine additional members to Congress, that then the counties of Accomack and Northampton, shall not of themselves form a district, but shall continue annexed to the counties of Norfolk, Princess Ann, Nansemond, Isle of Wight, Surry, and Southampton. Provided also, That if this state shall be entitled to eleven additional represen

ducted.

tatives, in that case, the counties of Berkeley, Frederick and Shenandoah, shall form one district, and the counties of Monongalia, Ohio, Harrison, Hampshire, Hardy, Pendleton, and Randolph, shall compose another district.

Elections, SECT. 2. And be it further enacted, That the said how to be con- elections shall be conducted in the same manner and under the same rules and regulations, as are prescribed by an act of Assembly, intituled, "An act for the election of representatives, pursuant to the constitution of government of the United States."

Repealing clause.

Commencement of the

SECT. 3. So much of every other act, as prescribes the time of electing representatives to serve in the Congress of the United States, is hereby repealed.

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

act.

Preamble.

CHAP. VIII.

An act to amend the act, intituled, "An act for ascertaining certain taxes and duties, and for establishing a permanent revenue.

(Passed the 17th of December, 1791.)

SECT. 1. BE it enacted by the General Assembly, That the commissioners of the land tax, shall before the first day of August in every year, return to the courts of their respective counties or corporations, a correct account of their services, and the said courts are hereby respectively authorised and required to ascertain the time, in which the said services might have been reasonably performed; Allowance to and in lieu of the allowance heretofore made, the said the commis- commissioners shall be paid by the treasurer of this commonwealth, on warrant from the auditor of public accounts, six shillings per day, agreeably to the time so ascertained by the court.

sioners.

Repealing clause.

Commence

SECT. 2. So much of every act, as comes within the purview of this act, is hereby repealed.

SECT 3. This act shall commence and be in force

ment of the from and after the passing thereof.

act.