CHAP. XXXVII.*

An act to authorize the election of certain Vestries.

Vestries of

Episcopal

1. WHEREAS the members of the Protestant Episcopal Church, residing in many parishes within this Protestant 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:

II. 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.

Distress for

1. WHEREAS by an act of assembly, intituled "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:

11. Be it therefore enacted, That the several sheriffs and collectors may continne, 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 Jaw, 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 ap'pointed 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

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 genapon any judgment which hath heretofore been obpend execu tained, or which hereafter may be obtained against any cutions adelinquent sheriff or collector, or any other person gainst shewhatsoever, for public monies in their hands, for any remit dama 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.

riffs; and may

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'

certificates;

VI. Be it therefore enacted, That it shall and may 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 liquida. issued, 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

How sheriffs

taxes.

said John Hopkins, by such other person as may be
appointed commissioner thereof, to be notified by pro-
clamation of the governor.) And the several sheriffs
or collectors, shall be allowed a discount with the trea-
surer, 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 pay-
ment 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
tificates re-
he shall be admitted to make payment of any of the
ceived for
said certificates into the public treasury, exhibit an ac-
count on oath, before the court of the county or corpo-
ration 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 cer-
tificates into the public treasury, and the auditors shall
thereupon grant a warrant for the payment of all in-
terest 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 col-
lection 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 prescri-
bed by an act of the present session, intituled "An act
concerning the taxes due in the county of Rocking-
ham, 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.

Elizabeth Ci

sold.

of sale.

1. BE it enacted by the General Assembly, That the Public lands public lands lying in the counties of York and Eliza- in York and beth City, except a poiut of land in the last mentioned ty, except 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.