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rence in the measure proposed by this act, and the act heretofore passed, intitled "An act concerning the erection of the district of Kentucky into an independent state."

CHAP. V.

An act to provide for the appoint ment of delegates to represent this commonwealth in congress, until the first Monday in November next.

congress.

BE it enacted by the General Assembly, That five Blection of delegates shall be chosen by joint ballot of both houses delegates to to represent this commonwealth in congress, from the time of their appointment until the first Monday of November one thousand seven hundred and eighty seven; three of whom at least shall be constantly attending the duties of their office. The persons so ap- Credentials. pointed shall each of them have from the governor a credential varied so as to suit the present occasion, and shall be entitled to the same allowances as are provided by an act, "For regulating and fixing the salaries of the officers of civil government."

CHAP. VI.

An act to amend the act entitled An act for ascertaining certain taxes and duties, and for establishing a permanent revenue.

Commission

BE it enacted by the General Assembly, That the ers of the reclerk of every county court within this commonwealth venue to be appointed in shall, on receipt of this act (which the executive is here- each county.

by required to send immediately by express, or other safe and certain conveyance) lay the same before the next court to be held for his county, and the court shall immediately proceed to appoint discreet and reputable persons to be commissioners for the purposes herein after mentioned; and in those counties, where more than one commissioner is directed to be appointed, the said courts shall also distinctly lay off and ascertain the bounds of the district allotted to each commissioner: In each of the counties of Augusta, Botetourt, Culpeper, Fanquier, Greenbrier, Loudoun, Harrison, Jefferson, Lincoln, Monongalia, Montgomery, Nelson, Ohio, Fayette, Mercer, Madison, and Bourbon, there shall be appointed three commissioners; in each of the counties of Accomack, Albemarle, Amherst, Bedford, Berkeley, Amelia, Brunswick, Buckingham, Campbell, Caroline, Charlotte, Chesterfield, Cumberland, Dinwiddie, Fairfax, Franklin, Frederick, Fluvannah, Gloucester, Goochland, Greensville, Halifax, Hanover, Henrico, Henry, Isle of Wight, King and Queen, King George, Essex, Louisa, Lunenburg. Mecklenburg, Nansemond, Norfolk, Northampton, Orange, Pittsylvania, Prince Edward, Prince Willian, Princess Anne, Richmond, Rockbridge, Rockingham, Shenandoah, Southampton, Spottsylvania, Stafford, Surry, Sussex, Westmoreland, Northumberland, Hardy, Hampshire, Washington, and Russel, there shall be appointed two commissioners; and in each of the counties of Powhatan, Charles City, Elizabeth City, King William, James City, Lancaster, Middlesex, New Kent, Warwick, Prince George, and York, and in the city of Williamsburg, and Richmond, and the towns of Petersburg, Alexandria, Fredericksburg, and Winchester, and borough of Norfolk there shall be appointed one commissioner. Provided, That no member of either house of assembly, persons holding any office in civil government, receiving stated salaries, naval officers, practising attornies, or physicians, clerks of courts, inspectors, ordinary keepers, sheriffs or their deputies, or persons that have been in the office of sheriff, deputy sheriff, or collector of public taxes in their county, shall not be capable of acting or serving as commissioner, unless it shall appear by sufficient testimony, other than the parties own oath, that such sheriff or collector hath compleated his collection, fully

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Oath.

paid the amount thereof into the treasury, and finally closed every account relative thereto. And be it enacted, That the clerk of the court shall certify to every commissioner his appointment without delay, and at the same time furnish him with a copy of this act; the proof whereof shall rest upon the clerk, and thereupon each commissioner shall repair to some acting magistrate of the county, and take the following oath or affirmation, to wit: "I, A. B. do swear (or solemnly, sincerely, and truly declare, and affirm) that as commissioner for county, city, town, and borough of Norfolk, I will to the best of my skill and judgment, diligently and faithfully execute the duties of the said office, according to the directions of the art, entitled, An act to amend the act, entitled an act for ascertaining certain taxes and duties, and for establishing a permanent revenue, without favour, affection or partiality, and that I will do equal right and justice, according to the best of my knowledge in every case in which I shall act as commissioner: So help me God." A certificate of which oath or affirmation shall be given the commissioner by the magistrate administering it, and the magistrate shall also certify the same to the next court held for his county to be recorded. And he it enacted, That every commissioner thus qualified, shall perform the following duties within his district: He shall in the first place, apply to the clerk of the court for the books of the commissioners, appointed Their duty under the act for equalizing the land tax, which book in ascertian or books, the commissioners of the land tax are hereby ing the land directed to deliver to the said clerk on application; and in case of refusal or neglect, or loss of such book or books, the clerk shall certify the same to the executive, who, for such refusal or neglect, shall direct the solicitor to proceed to recover the fine hereby imposed, and moreover to furnish such clerk with an attested copy of the land tax from the last statement on the equalizer's books, and the clerk, upon being furnished with such book or books, either by the commissioners of the land tax, or from the solicitor's office, shall aid and assist the commissioners appointed by this act, in selecting therefrom the owners name, and the tax on every tract of land or lot within each district, in the following manner, and in the form hereto subjoined. There shall be entered in one column the owners names in al

tax

Lists of taxa

phabetical order, the number of acres or lots, the rate at which such land is valued by the acre, the amount or total value of each tract or lot of land, and the tax payable thereon; which book the said commissioner shall keep (leaving a fair copy in the clerk's office, which copy the clerk shall make) so long as he shall continue in office, and on his death, resignation, or inability to act, shall be delivered to the succeeding commissioners for the district. And every commissioner shall in the said book note from time to time all such alterations, alienations, divisions and additions as may happen within his district, and shall also perform all the duties of the commissioners of the land tax, and be entitled to the same fee for making entry of alteration or alienation as set forth by an act of assembly passed at the October session in the year one thousand seven hundred and eighty two, entitled, "An act for equalizing the land tax." And the clerks of the county, and of the general court, are hereby directed to make return to the said commissioners instead of the former commissioners, of all deeds recorded in their respective courts, and the register of the land office of all patents, as they are directed by the said last recited act.

And be it further enacted, That the said commisable proper sioners shall severally on the tenth day of March anry how taken nually, begin and continue proceeding without delay through their respective district, and call on every person subject to taxation, or having property in his or her possession or care, on which any tax is imposed, for a written list thereof, which list being corrected, if necessary, and distinctly read over by the commissioner to the person delivering the same, he or she shall then make oath or affirmation, that such list contains a just and true account of all persons; and of every spe cies of property in his or her possession or care, within that district (land only excepted) subject to taxation, on the ninth day of March then next preceding, and that no contract, change, or removal whatever, of property had been made or entered into, or any other method devised, practised or used, in order to evade the payment of taxes; which oath or affirmation the commissioner is hereby empowered and directed to administer.

ers to make

four lists.

How to dis of theul.

pose

And be it further enacted, That each of the said Commissioncommissioners shall, after collecting the lists of pro- ms. perty from the inhabitants of his district in manner before directed, make four alphabetical general lists therefrom, shewing in columns according to the form hereto also annexed, the date when each list was received, the persons chargeable with the tax or taxes, and the number or quantity of every species of property, inserting particularly thre names of all free males subject to tax, distinguishing those also subject only to parish and county levy, which list shall be kept and delivered in the following manner. Each commissioner shall retain one of those lists in his own possession, so long as he continues in office, and afterwards to be delivered to his successor as in the case of the land tax books; one other of the lists, together with the lists taken from the individuals in his district shall be returned to the clerk, who shall examine the same, and if found to be erroneous, either in addition or otherwise, to correct the others, and then certify them to be true copies: The list in the clerk's office shall serve for laying the county levy, and fixing the poor rates, and be subject to the inspection or examination of every person who may choose to examine the same. Provided they be not taken out of the said clerk's possession, and copies may be had at the charge of the person or persons desiring the same. One other of the said lists, after being certified by the clerk, shall be delivered by the commissioner to the high sheriff of the county, as his guide to collect the taxes, and the remaining fourth list, being also certified by the clerk, shall be transmitted by the commissioner to the solicitor's office, there to be minutely examined, and to be produced by the solicitor and admitted as evidence by the general court, for the amount of taxes charged the sheriff: All which lists, it is hereby declared to be the duty of the several commissioners to have delivered to the several persons or officers on or before the last day of May annually, and the said commissioners shall take a receipt or acknowledgment in writing of the delivery of such lists. And be it further enacted, That the said State of land. commissioners shall also at the time of delivering the tax. lists of taxable property herein before directed, deliver to the clerk of his county, at the solicitor's office, a fair and correct copy of the state of the land tax, noting the

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