against the according to the principles of this act, to be charged quotas. to the United States, and that they charge the same against the quotas of the respective years for which such payments may have been made; and all payments of such pensions for any succeeding year, shall be charged in like manner: Provided, That no greater sum than half the pay of any officer shall be charged to the account of the United States. Every act or reLimitation of solution of assembly concerning any matter or thing charge. coming within the purview of this act, shall be, and the same is hereby repealed.

Reform of

CHAP. XLV.

An act for the reform of certain public Boards.

1. FOR introducing reform into the several public public boards boards, and the adoption of such a system as may best accord with prudent economy and a due regard to the public interest,

Duties of the 3 auditors specifically defined.

II. Be it enacted by the General Assembly, That from and after the first day of March next, the business of the auditor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of one of the said auditors, assisted by one clerk, to state and bring up all deficiency of public accounts, on the books in the said office, striking the balance on every particular, as well as general head of account stated therein, whether it be for or against the public, up to the last day of December, one thousand seven hundred and eighty-five, inclusive, and collecting and arranging in due order, all the receipts, accounts and vouchers touching the same: It shall be the duty of another of the said auditor's, assisted by one clerk, to examine, state, settle, and audit all accounts, claims, or demands whatsoever against the public, arising under any law or resolution of the General Assembly, and to perform *See vol. 9, all the duties required by the act "For establishing a board of auditors for public accounts,”* or h any other

pa. 536.

act or resolution of general assembly (except as hereafter is provided for) granting to every public claimant, authorized by law to demand the same, a warrant on the treasurer for the sum due, signed with his own hand and name, and attested in the hand and name of his clerk, making due entry and register of all his daily proceedings in books for that purpose, and carefully arranging, filing and preserving in his office, all accounts, receipts, vouchers, and papers touching the same: It shall be the duty of the remaining auditor, assisted by one clerk, to open a new set of public books, commencing on the first day of January, one thousand seven hundred and eighty-six, in which shall be stated a general account for every public fund created by the laws of appropriation, by way of debt and credit, shewing the annual product and application of each, and the balance thereof, on the last day of December in every year, to be transferred to new account; there shall be also stated an account against the treasurer of the commonwealth, with a general account of the revenue of the commonwealth, in which shall be entered the particular amount of all sums of money, or other things received by the said treasurer, or accruing to the reve nue, and to which shall be allowed a credit for all warrants drawn on, or payments made out of any particular fund; a general account shall be also raised of the unfunded debt of the commonwealth, shewing the particular species and amount thereof; as also, particular accounts against the sheriffs, escheators, and clerks of the several counties, and other public collectors, and against all public debtors whatsoever, to the latter of which shall be transferred, all balances appearing due on the public books, either of the auditor's or solicitor's offices, on the first day of January, one thousand seven hundred and eighty-six.

III. And be it further enacted, That from and after Duties of Sothe said first day of March, the business of the solici- licitor's office tor's office shall be regulated and conducted in the following manner, to wit: It shall be the duty of the said solicitor, assisted by one clerk, to proceed in the completion of the settlement of the account of this commonwealth with the United States, and to collect and arrange all the papers, vouchers and information respecting the same; the said solicitor, assisted as aforesaid, shall also proceed in execution of the duties prescrih

Duty of Trea

surer.

Executive to controul au

ditors, and so

Jicitor's offices; with

power to re

move.

Committee of

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. 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 ces of auditor 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, ac

and solicitor,

ecutive to di

offices.

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

audito, and

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 continue solicitor, shall be performed, and it shall appear to office of sol 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.

panted to

VI. And be it further enacted, That the executive Executive to be empowered and required to discontinue the two com- dismiss com. missioners and their clerks, appointed to examine into minersap. "all impositions which have happened in the settle- exam se intɔ ment of accounts of the officers and soldiers of the Vir- impositions in passing ginia lines on continental or state establishments, mpublic 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 du. tors, the duties hereby severally assigned them.

tics among

auditors.

one auditor,

VIII. Provided always, and be it further enacted, In case of That in case of the sickness or inability of the auditor sickness of 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 Washington and after the first day of May next, the county of county divi Washington shall be divided into two distinct counties, ded and Rus- that is to say: All that part of the said county lying

sel formed.

Boundaries.

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 Court days, 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 Jaw, 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.