CHAP. XXXVII.*

An act to authorize the election of certain Vestries.

Vestries of

1. WHEREAS the members of the Protestant Episcopal Church, residing in many parishes within this Protestant Episcopal commonwealth, have been prevented from carrying in church, when to execution an act for incorporating the Protestant elected. Episcopal Church within the period therein limited for the election of vestries, occasioned by the said law not having been sufficiently promulgated, so as to enable the members of the said church to proceed in the execution thereof:

11. BE it therefore enacted by the General Assembly, That elections for vestrymen, in manner prescribed by the said recited act, shall be held in all such parishes on Monday in next Easter-week, if fair, if not, on the next fair day. And the said vestries, when elected and qualified, shall have the same powers and authority, and be subject to the like rules and regulations, as other vestries within this commonwealth are by the said act entitled to, governed by, and vested with.

CHAP. XXXVIII.*

An act to prevent distress being made by the sheriffs of this commonwealth for the taxes due for the present year, until March next, and admitting facilities in payment thereof.

1. WHEREAS by an act of assembly, intituled "An act to discharge the people of this commonwealth from the payment of one half of the revenue tax for the year one thousand seven hundred and eighty-five," the

* Chapters XXXVII and XXXVIII are repeated in the original.

Distress for certain taxes, suspended.

several sheriffs and collectors of taxes are authorized to distrain for the payment of the other half of the tax for the said year, on the first day of September last past; and whereas it appears to this assembly, that many of the citizens of this state have been hitherto unable to make payment thereof, and that it is requisite and necessary to give further time for the payment of so much of the same as may not be at present colfected:

II. Be it therefore enacted, That the several sheriff's and collectors may continue, notwithstanding the commission of such sheriffs or collectors may have expired, to collect the same, but shall not make distress for any part thereof from the passing of this act, until the first day of March next; and the several sheriffs and collectors of the said half tax, shall pay the same into the public treasury, on or before the first day of May; and in default of such payment, shall be liable to judgment, with interest, costs, and damages, according to law, on motion to be made by the solicitor, or other person appointed for that purpose, at the additional session of the general court in the month of June next, or at any session subsequent to such delinquency; ten days previous notice being given of such motion. And whereas it further appears, that the time heretofore appointed for the collection of the revenues of this state, under the act, intituled "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act," commences at a period too early in the season to give the people proper opportunity of making sale of the produce of their lands at the full value thereof: For remedy whereof,

III. Be it enacted, That the collection of the revenues of this state, arising under the said recited act, except so much as respects the half tax for the year Collection of seventeen hundred and eighty-five, shall commence on taxes, when the first day of November in each year; and the seveto commence ral sheriffs and collectors of taxes, may distrain for the

same on the first day of January thereafter, and shall make payment thereof into the public treasury, on or before the first day of April annually; and in default of such payment, shall be liable to a judgment, with interest, costs, and damages, according to law, on motion to be made by the solicitor-general, or other

person appointed for that purpose, at any session of the general court, subsequent to such failure; ten days previous notice being given of such motion.

Executive

IV. And be it further enacted, That it shall and may be lawful for the governor, with advice of coun- may direct cil, to direct the solicitor-general to suspend execution solicitor gen. upon any judgment which hath heretofore been ob- eral to suspend execu tained, or which hereafter may be obtained against any cutions adelinquent sheriff or collector, or any other person gainst shewhatsoever, for public moniesn their hands, for any remit dama riff's; and may time that may to him, with advice aforesaid, seem rea- ges. sonable; and also, with the advice aforesaid, to remit the whole or any part of the interest or damages arising on such judgment.

Warrants of

this state.

V. And be it further enacted, That any person Facilities rechargeable with any part of the half tax for the year ceivable in seventeen hundred and eighty-five, may in addition to taxes. the warrants heretofore admitted by law in payment of the revenue tax, pay the whole or any part thereof in warrants granted, or to be hereafter granted by the auditors of public accounts, for interest due on the loanoffice certificates of this state. And whereas the United States in congress assembled, have, by their act of September the twenty-seventh, one thousand seven hundred and eighty-five, made a requisition on the several states in the union, for certain sums therein specified for the services of the current year, and for the discharge of one year's interest on the foreign and domestic debt; and have by the said act, declared that the several legislatures may so model the collection of the sums called for, that one third of any sum being paid in actual money, the other two-thirds may be discharged by the interest due upon loan-office certificates, and upon other certificates of the liquidated debts of the United States;

certificates;

VI. Be it therefore enacted, That it shall and may U. States' be lawful for any person chargeable with any part of loan-office the half tax, for the year seventeen hundred and eighty- or interest five, to make payment of any part not exceeding two- warrants isthirds thereof, in certificates issued, or to be hereafter sued thereon; or on liquidaissued, by John Hopkins, esq. commissioner of the ted debts of continental loan office in this state, for interest due up- U. States. on loan office certificates, or upon other certificates of the liquidated debts of the United States (or in case of the death, removal from office, or disability of the

taxes.

said John Hopkins, by such other person as may be appointed commissioner thereof, to be notified by proclamation of the governor.) And the several sheriffs or collectors, shall be allowed a discount with the treasurer, in their settlement of the said half tax, for all such certificates so by them received; provided such certificates do not amount to more than two-thirds of the sum by such sheriff or collector received in payment of the half tax aforesaid.

How sheriffs VII. And be it further enacted, That every sheriff to verify the or collector of the said half tax, who shall collect any identical cer- of the said continental interest certificates, shall before tificates rehe shall be admitted to make payment of any of the ceived for said certificates into the public treasury, exhibit an account on oath, before the court of the county or corporation where such collection shall be made, stating the amount of such certificates by him received in payment of the said half tax, and the names of the persons who have paid the same; which account shall be entered of record, and an attested copy thereof delivered to the said sheriff or collector, to be by him delivered to the auditors of public accounts, previous to his settlement with them, or payment of any of the said interest certificates into the public treasury, and the auditors shall thereupon grant a warrant for the payment of all interest certificates which shall appear by such attested account to have been actually and bona fide received by such sheriff or collector in payment of the said half tax; provided always that such interest certificates shall not exceed two-thirds of the amount of the sum with which such sheriff or collector is chargeable. Nothing herein contained shall be construed to affect the collection of the taxes for the county of Rockingham, for the years one thousand seven hundred and eighty-four, and one thousand seven hundred and eighty-five, so as to require the payment thereof sooner than prescribed by an act of the present session, intituled "An act concerning the taxes due in the county of Rockingham, for the year one thousand seven hundred and eighty-four," but the said act shall be in as full force as if this act had never been made: And so much of every other act, as comes within the purview of this act, shall be, and the same is hereby repealed.

CHAP. XXXIX.

An act for the sale of certain public lands.

Public lands
York and

Elizabeth Ci. ty, except

sold.

of sale.

I. BE it enacted by the General Assembly, That the public lands lying in the counties of York and Eliza- in beth City, except a point of land in the last mentioned county, called Point-Comfort, shall be, and they are Point-Comhereby vested in Joseph Prentis, Richard Cary, jun. fort, to be Wilson Cary, Miles King, Worlich Westwood, and Nathaniel Nelson, gentlemen, commissioners, who, or a majority of them, are hereby authorized and required, to make sale of the same in manner and on conditions herein after prescribed. The said commissioners shall Mode &terms give previous notice of such sale, at least sixty days, in the Virginia Gazette, and dispose of the said lands by public auction, on the premises, to the highest bidder, on the day appointed, if fair, and if not, the next fair day, payable in ready money, or officers or soldiers certificates, as to the commissioners may appear most expedient, previously agreeing among themselves, and publishing to the bidders the par at which certificates will be received in lieu of specie. Upon receipt of the Conveyances full consideration for the sale of the said lands, the said to purchasers commissioners, or a majority of them, shall execute conveyances for the same to the purchasers in fee, and pay the money, or certificates, as the case may be, into the public treasury, deducting thereout two per cent. for the trouble of the said commissioners, or such of them as may execute this act.

Arrears of

coverable.

II. And be it further enacted, That the said commissioners, or a majority of them, shall be, and they rent, how reare hereby authorized and empowered, to sue for and recover all arrears of rent now due from the persons to whom any of the said lands may have been let, and shall account for the same in the like manner, and be entitled to the same commission for their trouble, as is herein before allowed for receiving the purchase money for the said lands.

VOL. XII..