CHAP. XL. An act to amend the several acts of assembly concerning the appointment of sheriffs. Courts failing 1. BE it enacted by the General Assembly, That to nominate where the court of any county hath failed, or shall fail, sheriffs, exe- within the months of June and July annually, to nom cutive may appoint. Penalty on inate three persons, one of whom to be approved and commissioned by the governor, with the advice of council, as sheriff for the said county, the governor, with the advice of council, may, after the period for nomination hath 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 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, 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 refusing to act, shall make oath in court, or produce other satisfactory proof, that he hath used his 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 exempted from the penalty, and a new commission issued as in case of vacancy by death. office. How excused How long sheriff may continue in office. II. And be it further enacted, That every sheriff hereafter commissioned and qualified as aforesaid, shall be continued in office for one year after his qualification, 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 assembly shall be liable to any forfeiture or penalty for refusing to accept the said office. CHAP. XLI. intituled An An act to repeal an act, I. WHEREAS the time limited by an act, intituled 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: Former act, II. Be it enacted by the General Assembly, That so much of the said recited act as directs that all entries 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 waveying of all future entries on the western waters with- ters repealed, in one year from the date thereof be, and the same is hereby repealed. to owners of entries, of ins III. And be it further enacted, That immediately afSurveyors, 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 he 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 and a person to mark chain carriers the lines as required by law, on the day appointed for &c. entries 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 nevertheless be located on any waste or unappropriated lands, cated. void. rant, but it may be re lo. tries now made to ap Saving to in fants, and prisoners in cap tivity. or on the same lands, if not already taken by some Owners of en- other warrant. And the owners of entries already made, shall, on or before the said first day of January, 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, his entry shall become void. Provided. That nothing in this or any other act shall extend to forfeit or make void any entry claimed 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 Or accidents. also, That, if on the day appointed by the surveyor for 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 hundred 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 surveyor of Jefferson IV. Be it therefore enacted, That all such locations with deputy and surveys shall, to all intents and purposes, be good and valid, and shall entitle the persons claiming land under the same to the same preference as they would have had, if no such resignation had taken place. county confirmed. On what terms, and in CHAP. XLII. An act to dispose of the waste and unappropriated lands in the commonwealth of Virginia, an the eastern waters. FOR creating a fund in aid of the annual taxes, to what manner, discharge the public debt, Be it enacted by the General lands on east Assembly, That any person may acquire title to so waste and unmuch waste and unappropriated land, lying within appropriated this 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 money 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 force relative thereto. All fees accruing to the commonwealth, 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 laud-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. Provided nevertheless, That nothing herein contained pre-emption shall be construed to affect any legal entry made be- rights to man fore the passing of this act, nor any pre-emption right shes or sunk to marshes or sunken grounds. Not to affect en grounds CHAP. XLIII. An act for reviving and continuing the act for adjusting claims for property 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 impressed for tuled "An act 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. ed. first day of August last, and it is expedient that the 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 enacted, 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. Preamble. CHAP. XLIV. An act to amend the act concerning pensioners. 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 |