accountable for the same in like manner as if this act had not been made. And that the court of the said county of Fayette shall have jurisdiction of all actions and suits, in law or equity, which shall be depending before them at the time of the said division, and shall try and determine the same, issue process, and award execution thereon. In all elections of a senator, the said county of Bourbon shall be of the same district with the said county of Fayette.

CHAP. XXXVIII.

An act to revive an act, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned.

Act of 1745, for regulat ing and collecting cer

1. WHEREAS the act of assembly, passed in the year one thousand seven hundred and forty-five, intituled "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," hath expired, and it is expedient and necessary and amended that the same should be revived and amended:

II. Be it therefore enacted, That the act, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," be revived, except so much thereof as relates to the delivery, collecting, and recovery of the fees formerly payable to the secretary and surveyors, and shall continue, and be in force from and after the passing of this act, for and during the term of two years, and from thence to the end of the next session of assembly, and no longer.

tain officers fees, revived

III. And be it enacted, That all persons who now Tobacco fees are, or shall hereafter become chargeable with any to- how payable bacco fees, for services mentioned in the said recited in money. act, shall discharge the same in manner directed by the act of assembly passed in the year one thousand seven

Fees of

court of chan

hundred and eighty-one, intituled "An act for regulating tobacco fees, and fixing the allowance to sheriffs, witnesses, and venire-men."

IV. And be it enacted, That the clerks of the high clerks of high court of chancery, court of appeals, and general court, cery, court of to whom the fees formerly allowed to the secretary, are appeals, and now payable, shall deliver their tickets to the respective general court sheriff's annually, before the first day of May, and the putinto hands sheriffs shall receive and collect the same, and shall disof sheriff. train and make sale of the debtors slaves, goods, or chattels, for all such tickets as shall remain unpaid af

when to be

Commissions

ter the first day of July in any year. And if the said sheriffs shall fail to pay the said fees to the respective When sher- clerks, at their offices in Richmond, or such town or iff to account. place as the treasury may be kept at, by the fifteenth day of September annually, abating ten per cent. for collecting, and making an allowance for insolvencies, and non-residents, having no estate within the county, which shall be accounted for on oath, the said clerks, or either of whom, upon motion made in the general court, or court of any county, in which the sheriff failing to make payment, as aforesaid, may be found, may demand judgment against him for all fees wherewith he shall be chargeable by this act; and such court reRemedy. by spectively shall enter judgment accordingly, provided the sheriff have ten days notice of such motion; and that judgment may be obtained as aforesaid against any under sheriff who may fail to add the name of his principal to the receipt for such fees.

motion.

administra

torsof sheriffs liable.

Executors & V. And be it further enacted, That the executors or administrators of any such sheriff, or under sheriff, shall be liable to judgment, as aforesaid, for the fees received, to be collected by their testator or intestate, Receipt for and accounted for. That every receipt for fees produfees,evidence ced in evidence on any such motion, shall be deemed to be the act of the person subscribing it, unless he shall deny the same upon oath. That the clerks of the said courts may obtain judgments, as aforesaid, for all balances now due to them from any sheriff, or under sheriff, on account of fees heretofore put into their hands to be collected.

CHAP. XXXVII.*

An act to authorize the election of cer tain Vestries.

1. WHEREAS the members of the Protestant E-Vestries of piscopal Church, residing in many parishes within this Protestant commonwealth, have been prevented from carrying in church, when Episcopal 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 Distress for "An act to discharge the people of this commonwealth certain taxes, suspended. 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.

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 collected:

II. Be it therefore enacted, That the several sheriffs 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 sheriff's 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

eral to sus

pend execu

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 obtained, or which hereafter may be obtained against any cutions a delinquent sheriff or collector, or any other person gainst shewhatsoever, for public monies in their hands, for any riffs; 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.

remit dama

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 Warrants of 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;

U. States'

VI. Be it therefore enacted, That it shall and may be lawful for any person chargeable with any part of certificates; the half tax, for the year seventeen hundred and eighty- or interest five, to make payment of any part not exceeding two- warrants is thirds thereof, in certificates issued, or to be hereafter sued thereon, issued, by John Hopkins, esq. commissioner of the or on liquidacontinental 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

ted debts of