rough or Norfolk, or either of them, or in any wise to affect the rights or privileges of the common-councilmen of the city of Williamsburg, or borough of Norfolk as heretofore exercised.

ed and amend ed.

CHAP. LXXVII.

An act to amend the act directing the mode of proceeding under certain

executions.

[Passed the 29th of December, 1788.]

1. WHEREAS many doubts have arisen in the conExecution struction of the act intituled "An act directing the law explain, mode of proceeding under certain executions," and the same ought to be explained and amended: Be it enacted by the General Assembly, That from and after the passing of this act, the above recited act shall be amended, construed, aud expounded as follows, that is to say: wheresoever, on a sale under any execution, the amount of such sale shall exceed the principal, interest and costs, the sheriff or coroner, as the case may be, shall take a separate bond, with sufficient security, from the buyer or buyers, for the payment of such exWhen sale cess or surplus, to the debtor with legal interest, at the exceeds exe end of twelve months from the date thereof, and it shall be expressed in the said bond, that it was given for a surplus or excess as aforesaid.

cution.

bonds how

II. The sheriff or coroner, as the case may be, shall deliver every bond so taken, to the debtor, his agent, Delivery attorney, or other legal representative, or shall return disposed of. it to the clerk's office; and it shall have the same force of a judgment, be assignable, and shall be proceeded on, in all things concerning the same, in like manner as is prescribed in case of bonds given to a creditor under the said act. Provided always, That a sheriff or coroner making an unreasonable seizure, shall be liable to be sued, as if this act had never been made.

Penalty for failure.

III. If the sheriff or coroner as the case may be, shall fail to deliver or return, as aforesaid, any bond

taken by virtue of this act, within thirty days from the date thereof, he shall be liable to the same penalty for every month of such failure, to be recovered in the same manner, as is directed by law against a sheriff or coroner failing to return an execution.

Sheriffs' fee,

IV, The sheriff or coroner, as the case may be, shall be allowed for taking the bonds to the creditor, thirty for bonds and pounds of tobacco, and no more; for proceeding to sale his commisif the property be actually sold or the debt paid, the sions. commission of five per centum on the first twenty pounds or two thousand pounds of tobacco, and two per centum on all sums above that, and one half of such commission, where he shall have proceeded to sale and the defendant shall have replevied; and no other commission, fee or reward, shall be allowed upon any execution, except for the expence of removing and keeping the property taken.

where prop

erty tendered in dis

charge of the

V. Wheresoever, upon the service of a copias ad sat- Proceedings isfaciendum, slaves or personal estate shall be tendered under the above recited act, to the value of the debt or damages and costs, in the opinion of the sheriff or com missioners, who shall be forthwith summoned to value body. the same, the sheriff shall receive such slaves or personal estate, and thereupon discharge the debt or out of custody, if the slaves or personal estate so tendered shall not be sufficient to satisfy the debt or damages and costs, or shall be under any lien or incumbrance, so as that the whole or part cannot be sold, a new capias ad satisfaciendum or fieri facias, at the option of the plaintiff, shall issue for any balance, and the clerk of the court, from which such execution originally issued, shall, upon the return of the sheriff, of the insuf ficiency or incumbrance as aforesaid, issue a new capias ad satisfaciendum or fieri facias, if required. But If under prewhere such slaves or personal estate shall have been vious lien. under any lien or incumbrance, the debtor shall not be at liberty to tender slaves or personal estate, on a second capias ad satisfaciendum being served, or in the case of a fieri facias issued in consequence of such return, to avail himself of the privileges of this or the said recited act,

1

Other expla nations of the

VI. No sheriff or other collector of clerks fees, shall avail himself of this or the above recited act. VII. Bonds may still be given for the forthcoming execution of goods or other property at the day of sale, but if the law.

Vom. XII.

X 4

condition of such bond shall not be complied with, and judgment shall be entered thereupon, the obligors shall be deprived of the benefit of this and the above recited

act.

VIII. The fee to the commissioners shall not exceed four shillings per day each, upon any number of executions whatsoever, and shall be paid by the creditor, his agent, attorney, or other representative, and shall be considered as part of the costs, and reimbursed to him accordingly.

IX. The valuers shall make known in every case, to any person requiring the same, before or at the sale, the valuation by them made of the goods or other estate taken in execution.

X. Upon actual sale of any property under this or the said recited act, no principal debtor shall become the security.

XI. The commissioners shall not be summoned upon any fieri facias, the debt or damages whereof do not exceed ten pounds, unless the defendant, his agent, attorney, or other legal representative shall require the same; and where the commissioners shall not be summoned, and the debt or damages shall not exceed the sum aforesaid, the sale shall proceed and the sheriff shall possess and exercise the same power of valuation, as the commissioners would have possessed and exercised, had they been summoned, but shall receive no reward for such valuation.

XII. And to prevent any doubts which may arise, Be it further enacted, That nothing in this act contained, shall be altered or in any manner affected by the act intituled "An act for establishing district courts and for regulating the general court:

XIII. So much of every act and particularly of the first recited act, as comes within the purview of this act, shall be, and is hereby repealed.

CHAP. LXXVIII.

An act concerning certain public establishments.

[Passed the 30th of December, 1788]

Naval officert

I. WHEREAS the operation of the government of, the United States will render it unnecessary to main- collectors of tain several establishments, which at present exist un- duties &c.disder the laws of this commonwealth; Be it enacted by contined. the General Assembly, That so soon as it shall be notified to the executive by congress, that measures have been by them taken concerning duties or imposts, all laws concerning naval officers, collectors of duties and searchers, and their salaries, and concerning duties and imposts of every denomination whatsoever, shall cease and determine; except the duty of six shillings per hogshead on tobacco exported, reserved for inspection duties.

II. The executive shall, upon receiving such notification, publish the same by proclamation, and shall inform all naval officers, collectors of duties and searchers thereof; the said naval officers, collectors of duties and searchers, shall thereupon make up their accounts at the end of the succeeding quarter, subject in case of failure to the same mode of recovery with other public debtors; and shall deliver up all their books and papers of office to the solicitor or his order, and he is hereby required to cause them to be brought to his office, and to be there duly preserved at public expence.

III. The executive shall also, upon receiving such Boats Liberty notification, cause the public boats Liberty and Pa- and Patriot to triot to be discontinued and sold, and all persons be- be sold. longing thereto to be paid off and discharged.

Fort at Point

IV. The executive shall also cause the post at the Point of Fork to be reduced, as far as is consistent of Fork redu. with the safety and good order of the arms there de- ced. posited.

CHAP. LXXIX.

An act concerning the territory ceded by this commonwealth to the United States.

[Passed the 30th of December, 1788]

I. WHEREAS the United States in congress assemCession of bled, did on the seventh day of July, in the year of our North-west Lord one thousand seven hundred and eighty six, state ern territory, certain reasons shewing that a division of the territory

modified

which hath been ceded to the said United States by this commonwealth into states, in conformity to the terms of cession, should the same be adhered to, would be attended with many inconveniences, and did recommend a revision of the act of cession, so far as to empower congress to make such a division of the said territory into distinct and republican states, not more than five, nor less than three in number, as the situation of that country, and future circumstances might require.

And the said United States in congress assembled, hath, in an ordinance for the government of the territory north west of the river Ohio, passed on the thirteenth of July, one thousand seven hundred and eighty-seven, declared the following as one of the articles of compact between the original states and the people and states in the said territory, viz: "That there shall be formed in the said territory not less than three nor more than five states, and the boundaries of the said states, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western state in the said territory shall be bounded by the Mississippi, the Ohio, and Wabash rivers; a direct line drawn from the Wabash and post Vincents due north to the territorial line between the United States and Canada; and by the said territorial line to the lake of the Wood and Mississippi: The middle state shall be bounded by the said direct line, the Wabash from post Vincents to the Ohio, by the Ohio by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial line: The