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sembly concerning the appointment
Courts failing 1. BE it enacted by the General Assembly, Thať to nominate where the court of any county hath failed, or shall fail,
ee within the months of June and July annually, 10 nomcutive may appoint. inate three persons, one of whom to be approved and
commissioned by the governor, with the advice of council, as sheriff for the said connty, the governor, with the advice of council, may, after the period for nomination bath expired, and no certificate of nomination been received by the executive, proceed to commission some one justice in the commission of the peace for the
said county, to execute the office of sheriff within the Penalty on same. Every person so commissioned sheriff, or comsheriff' failing missioned in pursuance of a nomination from the counto accept the ty court, and refusing to accept and execute the office, office.
shall forfeit fifty pounds, to the use of the commonwealth; to be recovered, with costs, on motion by the solicitor, in the general court, giving the party ten days
previous notice of such motion; but if the person refusHow excused ing to act, shall make oath in court, or produce other
satisfactory proof, that he hath used bis best endeavors truly and bona fide without covin and collusion, to get security for performing the said office, without being able to obtain such security, he shall thereupon be ex'empted from the penalty, and a new commission is
sued as in case of vacancy by death. llow long
Jl. And be it further enacted, That every sheriff sheriff' may hereafter commissioned and qualified as aforesaid, continue in shall be continued in office for one year after his qualioffice.
fication, and may with his own consent, and the approbation of the executive, be continued for two years, and no longer; unless by some accident or impediment a succeeding sheriff shall be prevented from qualifying, in which case the preceding sheriff shall continue to act until a successor shall be qualified according to the directions of this act. Provided always; That no member of either house of assenbly shall be liable to any forfeiture or penalty for refusing to accept the said office. CHAP. XLI.
An acl to repeal an act, intiluled An
act concerning entries and surveys on the western waters, and for other purposes.
to owners of
I. WHEREAS the time limited by an act, ivtituled Preamble. “An act concerning entries and surveys on the western waters," hath been found too short for the owners of entries to carry the same into actual surveys, and the mode therein prescribed being found inconvenient:
II. Be it enacted by the General Assembly, That so Former act, much of the said recited act as directs that all entries
as dirorte chorl ontries limiting time
for surveying made before the passing of the said act shall be survey- entries on ed by the first day of February next, or for the sur- western wa. veying of all future entries on the western waters withi, ters repealed, in one year from the date thereof be, and the same is hereby repealed. .
III. And be it further enacted, That immediately af- Surveyors ter the first day of January, in the year one thousand when & how seven hundred and eighty-seven, the principal survey- to give notice or of every county on the western waters shall, and her
and ne entries, of in: is hereby required, to give notice to all persons claim- tention to ing land by entry within his county, or to their agents, survey. attornies, or other persons acting in their behalf, either personally, or by affixing the same at the court-house door, or other usual place of holding the courts of the said county, on two several court-days, that he will proceed by himself, or one of his deputies, to survey the lands therein mentioned on a certain day which he shall appoint, which day so appointed shall be one month at the least after the notice given or last time of advertising the same. And if any person, or his agent on failure to or attorney, as aforesaid, shall fail or neglect to attend attend with the surveyor, with chain-carriers aud a person to mark chain carriers the lines as required by law, on the day appointed for cent that purpose, such entry shall become void, and the lands liable to be again entered for by any person holding a land warrant; and the surveyor shall return Surveyor to the warrant on which such entry was made, to the per- return warson owning the same, or his agent, which may never
rant, but it
to may be re lo. theless be located on any waste or unappropriated lands, cated.
or on the same lands, if not already taken by some Owners of en- other warrant. And the owners of entries already tries now made, shall, on or before the said first day of January, made to ap. point agents. appoint some person within the county where the lands
lie, or their agent or attorney, who shall give notice of such appointment to the surveyor, within one month
thereafter, or on failure thereof, bis entry shall become
in, void. Provided. That nothing in this or any other act fants, and pri- shall extend to forfeit or make void anyl entry claimsoners in cap ed by infants, or prisoners in captivity, but that all such
persons shall have three years after their several disabilities are removed, to compleat the same: Provided
also, That, if on the day appointed by the surveyor for Qr accidents.
the surveying any entry as before directed, he shall be prevented, by accident or other cause, from making the same, such entry shall not, in that case, become void, but the surveyor shall give other notice as often as such cases shall happen. And whereas the principal surveyor of Jefferson county resigned his office in The month of July, in the year one thousand seven hun. dred and eighty-four, but after such resignation, and before notice thereof could be given ot his office, sundry locations and surveys were made with the deputy,
and it is just and reasonable to confirm the same. Locations IV. Be it therefore enacted, That all such locations with deputy and surveys shall, to all intents and purposes, be good surveyor of
and valid, and shall entitle the persons claiming land county con- under the same to the same preference as they would firmed.
have had, if no such resignation had taken place.
An act lo dispose of the waste and un.
appropriated lands in the common. wealth of Virginia, an the eastern
waters. On what FOR
FOR creating a fund in aid of the anoual taxes, to terms, and in what manner, discharge the public debt, Be it enacted by the General
Assembly, That any person may acquire title to so waste and un. much waste and unappropriated land, lying within appropriated
lands on eastthis commonwealth, on the eastern waters, as he shall ern waters desire to purchase, on paying the consideration of may be ob. twenty-five pounds for every hundred acres, and so in tained. proportion for a greater or smaller quantity, and obtaining certificate from the auditor of public accounts in the following manner: The consideration inoney shall be paid into the hands of the treasurer, who shall give to the purchaser a receipt for the payment, specifying the purpose it was made for, which being delivered to the auditor, he shall give to such person a certificate thereof, with the quantity of land he or she is entitled to, and upon lodging the same in the land-office, the register thereof shall grant to such person or persons a warrant, authorizing the surveyor of the county where the land lies to lay off and survey the same therein, under the like fees, rules, regulations, and restrictions, as are directed and prescribed for the issuing, entering, locating, surveying and granting patents on warrants, by the law now in sorce relative thereto. All fees accruing to the coinmonwealth, shall be paid into the treasury by the register of the landoffice, in the same manner, and under the same penalties, as directed in the act appropriating the fees of the land-office, in aid of the public revenue, and placing the register, his deputies and assistants, on the civil list; and the said fees, with the money arising on the sales aforesaid, shall be applied by the treasurer in aid of the funds set apart for payment of foreign creditors. Not to affect Provided nevertheless, That nothing herein contained pre.emption shall be construed to affect any legal entry made be- rights to mar fore the passing of this act, nor any pre-emption right coronda jo marshes or sunken grounds.
An act for reviving and continuing
the act for adjusting claims for properly impressed or taken for public service.
Act for ad. I. WHEREAS the act of assembly, passed in the Justing claims year one thousand seven hundred and eighty-one, intifor property
for tuled “An acı for adjusting claims for property impublic ser pressed or taken for public service," which has been vice, revived continued by several subsequent acts, expired on the and continu.
first day of August last, and it is expedient that the ed.
same should be revived, amended, and continued:
II. Be it therefore enacted, That the said recited act shall be revived, and continue and be in force until the first day of September next, and no longer.
III. And be it further enacied, That the auditors shall issue certificates on claims audited by the county courts since the first day of August last, in like manner as if the before recited act had not expired. Provided, That no county court shall be authorized to allow any claim presented to them, unless the same originated within such county.
1. WHEREAS the United States in congress assembled, have by their act of the seventh of June last, recommended to the several states to make provision for officers, soldiers, and seamen, who have been disabled in the service of the said United States, in a certain manner in the said act described, and it is expedient and necessary that the same be adopted and carried into effect within this commonwealth; and also, it is