How sheriffs

tificates re

ceived for

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.

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 he shall be admitted to make payment of any of the 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been made: And so much of every other act, as comes within the purview of this act, shall be, and the same is hereby repealed.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.

sold.

Mode &terms

of sale.

1. BE it enacted by the General Assembly, That the Public lands public lands lying in the counties of York and Eliza- Elizabeth Ci beth City, except a point of land in the last mentioned tv, except county, called Point-Comfort, shall be, and they are Point-Com hereby 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 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 purchasefs 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.

Courts failing to nominate sheriffs, exe. cutive may appoint.

CHAP. XL.

An act to amend the several acts of assembly concerning the appointment of sheriffs.

1. BE it enacted by the General Assembly, That where the court of any county hath failed, or shall fail, within the mouths of June and July annually, to nominate three persons, one of whom to be approved anď commissioned by the governor, with the advice of council, as sheriff for the said connty, the governor, with the advice of council, may, after the period for nomination hath expired, and no certificate of nomination been received by the executive, proceed to commission some one justice in the commission of the peace for the said county, to execute the office of sheriff within the Penalty on same. Every person so commissioned sheriff, or comsheriff failing missioned in pursuance of a, nomination from the counto accept the ty court, and refusing to accept and execute the office,

office.

shall forfeit fifty pounds, to the use of the commonwealth; to be recovered, with costs, on motion by the solicitor, in the general court, giving the party ten days previous notice of such motion; but if the person refusHow excused ing to act, shall make oath in court, or produce other satisfactory proof, that he hath used his best endeavors truly and bona fide without covin and collusion, to get security for performing the said office, without being able to obtain such security, he shall thereupon be exempted from the penalty, and a new commission issued as in case of vacancy by death.

How long sheriff may continue in office.

II. And be it further enacted, 'That every sheriff hereafter commissioned and qualified as aforesaid, shall be continued in office for one year after his qualification, and may with his own consent, and the approbation of the executive, be continued for two years, and no longer; unless by some accident or impediment a succeeding sheriff shall be prevented from qualifying, in which case the preceding sheriff shall continue to act until a successor shall be qualified according to the directions of this act. Provided always; That no member of either house of assembly shall be liable to any forfeiture or penalty for refusing to accept the said office.

CHAP. XLI.

An act to repeal an act, intituled An act concerning entries and surveys on the western waters, and for other purposes.

I. WHEREAS the time limited by an act, intituled Preamble. "An act concerning entries and surveys on the western waters," hath been found too short for the owners of entries to carry the same into actual surveys, and the mode therein prescribed being found inconvenient: II. Be it enacted by the General Assembly, That so Former at, much of the said recited act as directs that all entries limiting time made before the passing of the said act shall be survey- entries on ed by the first day of February next, or for the sur- western was veying of all future entries on the western waters with- ters repealed in one year from the date thereof be, and the same is

hereby repealed.

for surveying

to owners of entries, of in

III. And be it further enacted, That immediately af- Surveyors, ter the first day of January, in the year one thousand when & how seven hundred and eighty-seven, the principal survey- to give notice or of every county on the western waters shall, and he is hereby required, to give notice to all persons claim- tention to ing land by entry within his county, or to their agents, survey. attornies, or other persons acting in their behalf, either personally, or by affixing the same at the court-house door, or other usual place of holding the courts of the said county, on two several court-days, that he will proceed by himself, or one of his deputies, to survey the lands therein mentioned on a certain day which he shall appoint, which day so appointed shall be one month at the least after the notice given or last time of advertising the same. And if any person, or his agent on failure to or attorney, as aforesaid, shall fail or neglect to attend attend with the surveyor, with chain-carriers and a person to mark chain carriers the lines as required by law, on the day appointed for &c. entries that purpose, such entry shall become void, and the lands liable to be again entered for by any person holding a land warrant; and the surveyor shall return Surveyor to the warrant on which such entry was made, to the per- return war. son owning the same, or his agent, which may never- may be re-lo. theless be located on any waste or unappropriated lands, cated

void.

rant, but it

tries now

made to ap

Saving to in fants, and prisoners in cap tivity.

or on the same lands, if not already taken by some Owners of en- other warrant. And the owners of entries already made, shall, on or before the said first day of January, point agents. appoint some person within the county where the lands lie, or their agent or attorney, who shall give notice of such appointment to the surveyor, within one month thereafter, or on failure thereof, his entry shall become void. Provided, That nothing in this or any other act shall extend to forfeit or make void any entry claimed by infants, or prisoners in captivity, but that all such persons shall have three years after their several disabilities are removed, to compleat the same: Provided also, That, if on the day appointed by the surveyor for the surveying any entry as before directed, he shall be prevented, by accident or other cause, from making the same, such entry shall not, in that case, become void, but the surveyor shall give other notice as often as such cases shall happen. And whereas the principal surveyor of Jefferson county resigned his office in the month of July, in the year one thousand seven hundred and eighty-four, but after such resignation, and before notice thereof could be given ot his office, sundry locations and surveys were made with the deputy, and it is just and reasonable to confirm the same.

Or accidents.

Locations

with deputy

surveyor Jefferson

of

county con

firmed.

IV. Be it therefore enacted, That all such locations and surveys shall, to all intents and purposes, be good and valid, and shall entitle the persons claiming land under the same to the same preference as they would have had, if no such resignation had taken place.

On what

terms, and in

CHAP. XLII,

An act to dispose of the waste and unappropriated lands in the commonwealth of Virginia, an the eastern

waters.

FOR creating a fund in aid of the annual taxes, to what manner, discharge the public debt, Be it enacted by the General