Duty of Trea

surer.

Executive to controul au

ditors, and so

licitor's offices; with

power to re

move.

ed by an act "For the more effectual collection of taxes and public dues," or of any other duty relating to his department, prescribed by any act or resolution of general assembly, corresponding the same to the changes hereby made in the auditor's office; and moreover shall call upon and proceed against all public debtors for the balances due to the public.

IV. And be it further enacted, That from and after the said first day of March, the treasurer shall state on the books of his office, a general cash account with the commonwealth, shewing the amount of all monies actually received into the treasury, and on what account, whether funded or unfunded, and if the former, to what particular fund; also stating the expenditures and application of the same, and by what authority, preserving his vouchers in due order, and striking as well the general balance as the balance to each particular fund, where funded, once in every three months; and it shall not be lawful for the treasurer to pay away or dispose of any of the public money, without a warrant from the auditor authorized to issue the same, signed and attested in the manner before directed,

V. And be it further enacted, That from and after the said first day of March, the executive shall have the controul and superintendance of the auditor's and solicitor's offices respectively, as the same are now established by this act, with power to remove any auditor, or the solicitor, for misbehaviour or neglect of duty, and to supply any vacancy in the said offices, during the recess of assembly, subject to their approbation, Committee of A committee of the executive, to be by them appointexecutive to ed, shall also have power, and are required, during the examine off- recess of the assembly, to visit and examine the said and solicitor, offices in their discretion, and shall report monthly to and report to the executive, in writing, under their hands, the situaexecutive. tion of the same, which report shall be entered in the proceedings of that board; and thereupon it shall be Power of ex lawful for the executive to direct such correspondent rect changes changes in the business of the said offices as they shall in business of deem necessary for the better conducting the same, acoffices.

ces of auditor

ecutive to di.

cording to the directions of this act, and as soon as the business assigned to the auditor and his clerk, appointed to bring up the deficiency in the public books is performed, to discharge them from the public service;. they shall moreover dismiss all clerks from the said

offices respectively, not provided for by this act; and as soon as the business of stating the account of this To discharge commonwealth with the United States, assigned to the auditor; and discontinue solicitor, shall be performed, and it shall appear to office of soli them that the other duties of the solicitor may, without citor. injury to the public, be transferred to the two remaining auditors and the treasurer, they shall have power, and are required so to do, and to discontinue the said solicitor's office.

VI. And be it further enacted, That the executive Executive to be empowered and required to discontinue the two comdismiss commissionersapmissioners and their clerks, appointed to examine into pointed to "all impositions which have happened in the settle- examine into ment of accounts of the officers and soldiers of the Vir- impositions ginia lines on continental or state establishments, in- in passing public claims. cluding the navy, with the auditors, for arrearages of pay and depreciation;" and the business and power of Their duties the said commissioners shall henceforth be executed to be per and discharged by the present assistant clerk of the formed by as council.

sistant clerk of council.

VII. And be it further enacted, That the executive Executive to shall determine upon, and apportion among the audi- apportion dutors, the duties hereby severally assigned them.

ties among

auditors.

VIII. Provided always, and be it further enacted, In case of That in case of the sickness or inability of the auditor sickness of one auditor, appointed to audit public claims and issue warrants another to thereupon, it shall be lawful for the auditor appointed perform his to direct the statement of the public books, and to keep duties. an account with the treasurer, to transact his business, and grant warrants on the treasurer in like manner, and attested by the clerk of the other, as the said auditor of public claims might lawfully do, if present himself.

IX. So much of every act and acts of assembly, as comes within the purview and meaning of this act, shall be, and the same is hereby repealed.

CHAP. XLVI.*

An act for dividing the county of
Washington.

BE it enacted by the General Assembly, That from ngton and after the first day of May next, the county of divi Washington shall be divided into two distinct counties, Rus that is to say: All that part of the said county lying

Boundaries.

Com days.

within a line, to be run along the Clinch mountain to the Carolina line; thence with that line to the Cumberland mountain, and the extent of country between the Cumberland mountain, Clinch mountain, and the line of Montgomery county, shall be one distinct county, and called and known by the name of Russel; and the residue of the said county shall retain the name of Washington. A court for the said county of Russel, shall be held by the justices thereof on the second Tuesday in every month, after the said division shall take place, in such manner as is by law provided for other counties, and shall be by their commissions directed. The justices to be named in the commission of the peace for the said county of Russel, shall meet at the house of William Robinson, in Castles Wood in the said county, on the first court day after the said division takes place, and having taken the oath required by law, and administered the oath of office to, and taken bond of the sheriff, proceed to appoint and qualify a clerk, and fix upon a place for holding courts in the said county, at or as near the centre thereof as the situation and convenience will admit of; and shall thenceforth proceed to erect the necessary public buildings at such place, and until such buildings be completed, to appoint any place for holding courts as they shall think fit. Provided always, That the appointment of a place for holding courts, and of a clerk, shall not be made. unless a majority of the justices be present; where such majority shall have been prevented from attending by bad weather, or their being at the time out of the county, in such case the appointments aforesaid shall be postponed until some court day when such majority shall be present. It shall be lawful for the governor, with advice of the council, to appoint a person to be first she

* Erroneously numbered LXVI in the original.

riff of the said county, who shall continue in office during the term, and upon the same conditions, as is by law directed for other sheriffs. Provided always; That nothing herein contained shall be construed to hinder the sheriff of the said county of Washington from collecting and making distress for any public dues or officers fees, which shall remain unpaid by the inhabitants thereof at the time such division shall take place, but he shall collect, distrain, and account for the same in like manner as if this act had not been made. And the court of the said county of Washington shall have jurisdiction of all actions and suits, in law and equity, which shall be depending before them at the time the said division takes place, and try and determine the same, issue process, and award execution thereon. In all elections of a senator, the said county of Russel shall be of the same district as the said county of Washington.

CHAP. XLVII.*

An act for safe keeping the land papers of the Northern Neck in the register's office.

Neck to

1. WHEREAS it is necessary and expedient that Land the records and papers upon which the titles to their of North lands of the citizens of this commonwealth depend, removed should be kept in the same office; and whereas it hath Register heretofore been customary to keep the records, docu- office. inents, and entries of the lands within the district of the Northern Neck in the office of the late proprietor:

i

II. Be it enacted, That in future all such records, Registe documents, books, and papers, shall be in the keeping pointed er of st of the register of the land office in the city of Richmond, cords, ... who is hereby appointed keeper of the same; and the executive shall, within three months from the passing

* Erroneously numbered LXVII in original.

Authentica

dence.

of this act, cause the said records, documents, books, and papers, to be safely removed from the said proprietary office into the office of the register, who shall give a receipt for the same, which receipt shall be lodged in the council chamber, and recorded in the council books. And the expences incurred by the said removal shall be paid out of the contingent fund. III. And be it further enacted, That every person ted copies by having title or claim to any land or lands within the register, evi- Northern Neck, shall, on application, be furnished with an authenticated copy of any record, document, or writing, by the register; and such authenticated copies shall be evidence in all courts of record in which the title or quit-rents of any of the said lands shall at any time be drawn into question. And whereas since the death of the late proprietor, the right honorable Thomas Lord Fairfax, no mode hath been adopted to enable those who had before his death made entries for waste and unappropriated lands in his office, nor to enable those who since his death have made entries within the said district, according to an act of assembly, intituled "An act concerning surveyors," to obtain titles for the

Grants, on

surveys,

entries in the

same,

IV. Be it therefore enacted, That where any surveys have been heretofore made, or hereafter shall be founded on made under entries made in the life of the said proproprietor's prietor, or under entries made with the surveyor of office, to be any county, under the act of assembly aforesaid, and issued by re- which have been returned to the said proprietary office, gister.

Unappropria

or shall hereafter be returned to the register's office, the register shall make out grants therefor, to bear teste under the hand of the governor and the seal of this commonwealth, in the same manner as is by law directed in cases of other unapprop1d lands; and the surveyors with whom such entries have been made, are hereby directed and empowered, to proceed to survey and record the same, and to make return of such surveys to the register's office, in the same manner, and within the same time, as is or shall be directed in cases of warrants issued for other unappropriated lands within this commonwealth, and thereupon grants shall issue in the manner herein before directed.

V. And be it further enacted, That from and after ted lands in the passing of this act, the unappropriated lands withNeck, dispos. in the said district sball be subject to the same regula

Northern