CHAP. LXXIII. An act directing at what places the superior and county courts shall be holden, if the courthouses appoin ted by law should be destroyed. [Passed the 22d of Decemer, 1788.] court houses 1. BE it enacted by the General Assembly, That At what pla it shall be lawful for the executive whensoever any ces courts to building or buildings duly appointed for the holding be held, if of any court shall be destroyed, by proclamation to destroyed. direct such court to be holden in any other building or buildings until the buildings or building so destroyed shall be rebuilt. Provided always, That the court of appeals, high court of chancery and general court, shall continue to be holden in the city of Richmoud, the district courts in the counties in which they are appointed to be holden by law, and the county courts within their respective counties. CHAP. LXXIV. An act for granting relief to sheriffs and collectors of the public revenue in certain cases. [Passed the 26th of December, 1788.] I. WHEREAS it hath been represented to the pre- Relief to she sent general assembly, that many counties in the com- riffs and colmonwealth have been disabled to pay their taxes by lectors of taxaccidents and distresses, which could not be avoided; es in certain but it is the duty of the legislature carefully to distin- cases. guish such as ask indulgence for the reasons aforesaid, from those, whose pretensions to relief are not well founded: And whereas many sheriff's indebted to the Commonwealth for taxes actually received, have failed to account for the same according to law, from a hope of relief, which, after a given day, ought to be taken away, Be it enacted by the General Assembly, that every sheriff, collector, and his security or securities, indebted to the commonwealth for taxes, which became due prior to the first day of November, in the year of our Lord one thousand seven hundred and eighty-eight, and against whom no judgment hath been or shall be obtained before the passing of this act, may discharge the same on or before the first day of June, which shall be in the year of our Lord one thousand seven hundred and eighty nine, by the payment of the principal sum, agreeable to the laws under which he shall have collected it, although judgment shall be obtained against him before the said first day of June in the year last mentioned; and the solicitor is hereby instructed to proceed without delay in obtaining judgments against such sheriffs or collectors, and shall issue executions thereupon immediately after the said first day of June: Provided always, that it shall not be lawful for the executive to suspend such execution, or to remit any part of the damages or interest on such judgment, which shall remain unpaid after the said first day of June. II. Every sheriff, collector, and his security or securities indebted to the commonwealth for taxes, which became due prior to the first day of November one thousand seven hundred and eighty eight, against whom judgment hath been or thall be obtained before the passing of this act, may discharge the same by payment of the principal sum, agreeable to the laws under which he shall have collected it, together with six per centum interest and costs on or before the said first day of June. III. Where no execution hath been issued on such judgments none shall be issued, until after the said first day of June. IV. Where an execution hath been issued, the sheriff shall return the same, and it shall be considered in the same manner as an execution would be, where no estate was found; and the solicitor is hereby instructed to issue executions against such sheriffs or collectors immediately after the said first day of June: Provided always that it shall not be lawful for the executive to suspend such execution or to remit any part of the damages or interest on such judgment, which shall remain unpaid after the said first day of June; Provided also that any payments, which shall be made by a sheriff or collector, on or before the said first day of June, shall be deducted from any judgment, and damages shall abate in proportion; Provided also, that where the executive shall have reason to believe that the postponement of an execution to the said first day of June, might put the debt in danger,. it shall be lawful for them to make a special direction for the issuing thereof, and the same shall issue accordingly: But the sheriff, collector, and his security or securities shall be intitled to the same privileges, in consequence of any payment made under the said execution, as if it had been made before the said first day of June, and without an execution issued: Provided also, that nothing in this act contained shall be construed to prevent or restrain any sheriff from proceeding against his depu ty, or any security from proceeding against his principal, in the same manner as if this act had never been made. When lands bound to com V. And whereas it is just and expedient that secu- of sheriff's rities should have the same rights and remedy against monwealth, the lands of their principals, as the commonwealth they shall be would have had, but for the proceeding against such bound totheir securities; Be it further enacted, That wheresoever the securities. lands of any sheriff or collector would have been bound for any debt due to the commonwealth, they shall be bound in like manner to the security or securities, who may have paid the whole or a part of such debt; and it shall be lawful for the general court to award a like execution against the said lands, on the motion of such securities, to that which would have been issued in behalf of the commonwealth. But ten days previous notice of such motion, shall be given to the principal, his heir or devisee, as the case may be. VI. If upon the death, refusal to act, or disability of any sheriff, it shall appear proper to the executive to appoint a collector, it shall be lawful for them to make such appointment, and the person so appointed collector shall possess every power and be liable to every penalty which the sheriff himself would have possessed, or been liable to. Executive may appoint collector of taxes. son, authorised to collect certain taxes in King Wil liam. CHAP. LXXV. An act concerning the taxes due in the county of King William, for the year one thousand seven hundred and esghty seven. [Passed the 27th of December, 1788.] I. WHEREAS it is represented that John HickHol: Riche man, sheriff of the connty of King William, departed this life some time in the month of March last, without having given bond and security for the collection of the taxes due in the said county for the year one thou sand seven hundred and eighty seven; and that Holt Richeson, a deputy sheriff to the said John Hickman, is willing to undertake the collection thereof in case a reasonable time is allowed him to perform the same. Be it therefore enacted by the General Assembly, That the said Holt Richeson, upon giving bond and security in the court of the said county of King William, in the penalty required by law for collectors, shall be, and he is hereby vested with as full power to collect and distrain for the taxes due in the said county for the year one thousand seven hundred and eighty-seven, as if he had been sheriff thereof at the time they were payable; and the said Holt Richeson is hereby allowed until the first day of September next to complete the collection of the taxes in the said county for the year one thousand seven hundred and eighty seven; and if he shall fail to make payment thereof into the public treasury on or before the said first day of September, it shall and may be lawful for the solicitor to move for judgment against him or his securities at the next general court, or any other session of the said court subsequent to such failure. II. The said Holt Richeson shall in all cases respecting the collection of the said taxes, be entitled to the same emoluments and shall be subject to the like penalties and damages as directed in the case of sheriffs and collectors by the several laws for collecting the revenue of this state. Provided always, That if the said Holt Richeson shall fail to give such bond and security as by this act is required at some court to be holden for the said county of King William, on or before the first day of March next, it shall be lawful for the executive to appoint some fit and proper person within the said county to collect the taxes aforesaid, subject to the like rules, regulations and penalties, as are by law provided for securing the collection of the public revenue. CHAP. LXXVI. An act to amend the act for regulating the rights of cities, towns, and boroughs, and the jurisdiction of corporation courts. [Passed the 30th of December, 1788] stricted from 1. WHEREAS it is represented to the general assembly that the act, intituled "An act for regulating Corp oration the rights of cities, towns, and boroughs, and the ju- officers re. risdiction of corporation courts; ought to be so extended to the courts of hustings of the city of Williams- counties, in burg and borough of Norfolk, as to prevent any mem- what cases. ber of those courts from acting as a county magistrate: Be it therefore enacted by the General Assembly, That from and after the passing of this act no person being a member of any court of hustings and of a county court, shall be permitted to exercise both offices; but it shall be optional in such person to declare which of the offices he means to keep possession of: And his election being made known at the first court for the county or corporation which he shall attend, shall be entered of record, and his seat in the county or corporation court, as the case may be, shall thereupon be deemed vacated. 11. And be it also enacted, That no person holding both offices, shall exercise the power of either until his Not to affect determination or choice be entered of record as before jurisdiction recited: Provided, That nothing in the before recited burg or Not. of Williamsact shall be construed to affect the jurisdiction of the folk. courts of hustings of the city of Williamsburg, or bo |