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suit for debt, detinue or trover, which may be cognizable and determinable by any one justice of the peace; but such warrant shall be directed to, and served by some constable, agreeably to the second section of the act entitled “An act to amend the act concerning constables,” passed the tenth day of January one thousand eight hundred and seven.

2. And be it further enacted, That on the death, resignation, removal or refusal to act, of any constable assigned by the court of any county to any particular district thereof, it shall be lawsul for any other constable of such county to perform the duties of a constable within that district where such death, resignation, removal or refusal may have happened.

3. .ind be it further enacted, That all executions awarded on judgments, rendered by any justice of the peace, for debt, detinue or trover, shall be directed to some constable of the county, who shall levy and return the same agreeably to the provisions of the above-mentioned act.

4. This act shall be in force from and aster the first day of May next.

CHAP. XIII.
Jin oct concerning the Clerks of the County Courts.

[Passed February 13, 1809.]

E it enacted by the General Assembly, That, from and after 1. the last day of this present month, the clerks of the several county courts, except the clerks of those counties in which district courts were holden, the clerk of Prince-George and the clerk of James City county, shall have full power and authority, and they are hereby required to act as clerks of the superior courts of their respective counties, until a clerk for the superior court shall be appointed and qualified. The clerk of the county court of York shall, in like manner, srom the last day of this month act as clerk of the superior court of that county until a clerk shall be appointed and qualified. 2. And be it further enacted, That the clerk of the district court of Petersburg, shall be the clerk of the superior court of Prince George and not of Dinwiddie, and that from and after the last day of this present month, the clerk of the county court of Dinwiddie shall have full power and authority, and he is hereby required to act as clerk of the superior court of Dinwiddie until a clerk of the said superior court shall be appointed and qualified. 3. And be it further enacted, That so much of any former law as authorises the clerks of county courts to act as clerks of the superior courts, from the last day of February next, until the appointment and qualification of clerks for the said superior courts, shall be, and the same is hereby repealed. 4. All acts and parts of acts within the purview of this act, are hereby repealed. - 5. This act shall be in force from and after the passing thereof.

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- CHAP. XIV. * - . Jin Tct to organize and establish Superior Courts of Law in the - ...

Counties of Accomack and Worthampton, and for other pur- **, r** >

* poses.

[Passed February 9, 1809.]

4. E it enacted by the General Assembly, That, in addition to Counties of Ae| -- the circuits formed by the act entitled an act, to amend cook “Norththe aet entitled an act to organize and establish a superior court ..." *::::: of law in each county of this commonwealth, the counties of Acco- teenth circuit. mack and Northampton shall form a fourteenth circuit, and an additional judge of the general court shall be appointed therefor, Additional judge who shall reside within the circuit and receive a salary of seven to be appointed hundred and fifty dollars, to be paid as the salaries of other judg- ***. es are paid. A superior court of law shall be holden for the Coot, whento be county of Accomack at the courthouse thereof, on the first Mon- holden. day in May, and the first Monday in October in every year. A superior court of law shall in like manner be holden for the county of Northampton, at the courthouse thereof, on the third Monday in May and the third Monday in October. And each term of the said courts shall continue twelve judicial days, unless the business thereof shall be sooner finished. 2...and be it further enacted, That the several acts to which Acts relatin- to this is supplemental shall be considered as extending to the four- the sūjo" i. teenth circuit in the same manner as to the other circuits in the force. commonwcalth. 3. So much of the act of February last, to which this is supple- - * - aw relating to mental, as relates to the quarterly couris of Accomack county, c. ...". shall be repealed ; and all recognizances and proccss, which are mack repealed. made returnable to the quarterly court in February, shall be returned to the quarterly court to be held in March. 4. And be it further enacted, That a superior court of law shall Time of holding be holden for the county of Louisa, on the third Monday after the superior court in fourth Monday in April, and on the third Monday after the fourth “” Monday in September in every year, instead of the times prescribby the before recited act, passed the fourth day of the present month; and the county court of Louisa shall hereafter hold a court of quarterly sessions in the month of June instead of May in each year, 5. This act shall commence and be in foree from and after the Commencement. passing thereof.

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16–1810, ch. 16, 1 E it enacted by the General J'ssembly, That all lands hereto- and 1811, ch. 18, - fore forfeited, or hereafter to be forfeited to the common- ; - - ands forfeited, wealth for the non-payment of taxes, by virtue of the laws now in wi. ani’i. foree, shall be redeemable at any time within three years from redeemable. the time when such forfeiture hath heretofore accrued, or shall • hereafter accrue, and until the first day of March next succeed- .. i. ing the expiration of the said term of three years, on payment of go, Ch. 46. the taxes due thereon, with an interest of ten per centum per annum, on each year's tax, from the time when the same became or

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Duty of the audi

And collectors.

Collectors, how

When lands shall

Buty of commissioners of the re

Duty of and allowance to collec

What sufficient to charge collec

, IN THE THIRTY-TIIIRD YEAR OF THE CoMM ox WEALTH,

shall become due, until the time of such redemption : Protii
neceriheless, That all lands heretofore forfeited shall be redren
able in like manner, and on payment of the like interest, on of he
fore the first day of March, in the year one thousand eight to
dred and tem. :
2. Be it further cnacled, That the auditor of publie aeews
shall, on or before the first day of March, in the year ene the
sand eight hundred and eleven, and on or before He first &
March in every year thereafter, deliver to the collector of
taxes of each county, a list of all such forfeited lands therein.
on the first day of March preceding had become irredeema
which list shall be forth with posted or hung up in the most po
lic place in the courthouse of the county.
3. Beit further enacted, That on the first Monday in Ango
the year one thousand eight hundred and eleven, and on the
Monday of August in every year thereafter, the collectors so
proceed, by public auction, at the door of the courthouse of e.
county, to sell to the highest bidder each tract of land contai:
within the list of such forfeited lands as were irredeemnable oa L
first day of Masch in the preceding year, for ready nioney.
4. Be it further enacted, That if, at any such sale, the form
owner or owners of any forfeited tract of land so about to be swo
or any person for him, her or them, or in his, her or their behalf
with or without any authority or direction for that purpose, shal
appear and pay the taxes due thereon, with interest as aforesaid,
until the time of such sale, such tract shall not be sold, but an
entry of such payment shall be made by the collector on the lis
aforesaid, and a receipt for such payment given to the Verson wask
ing the same in the name of the former owner or ewners, so
thereupon such land shall be taken to be redeemed, and the for.
feiture accrued thereon shall be, and the same is hereby, su%
waved and remitted.
5. Be it further enacted, That it shall be the duty of the cost.
missioner or commissioners of the revenue, anuually, on the first
Monday of August, to attend at the courthouse of their respectio
counties, and to take and make out a list of all the sales so to *
made by the collector, specifying the name or names of the so
mer owner or owners, the sums paid and to whom sold; whid
list the commissioner or commissioners shall forth with transo
to the auditor of public accounts, who shall charge the colletia
with the amount of sales appearing thereon.
6. Be it further enacted, "That it shall be the duty of every ed
lector to pay annually into the public treasury all such sum of
sums of money as he shall receive by virtue of this aet, deductio;
a commission of five per centum thereon; which payment shallar
nually be made on the same day on which the taxes collectedii
the same year shall be payable.
7. Bett further enacted, That the lists of sale so eertified an
taken by the commissioners, or either of them, shall be sufficiet
to charge the collector or his security or seeurities, his, her of
their heirs, executors or administrators there with, on any motion
to be made to recover the same by the auditor of public accounts
And is any collector shall make default in the payment of any of
nies by him received, by virtue of this act, at the time liereby it
quired, such collector, and his security or securities, his, her of
their heirs, executors and administrators, shall be liable to all suth
fines, interest, damages and costs, and to be recovered in the same

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manner as in case of a default in the payment of the commonwealth’s revenue. 8. Be it further enacted, That it shall be the duty of every coloctor making a sale by virtuc of this act, to make and execute to *re purchaser a deed in fee simple for the lands purchased, recit... g. the cause of sale; and in every action or suit at law or in equiy. in which a former owner or owners of any tract of land so sold nd conveyed, his, her or their heir or devisee, or other person or ersons claiming under him, her or them, shall contest the validiy of the sale so made, the onus probandi shall lie on the party so **ontesting. * 9. Be it further enacted, That the commissioner or commissi--ners, for discharging the duties required of them by this act, shall e entitled to receive from the public treasury a commission of one to nd an half per centum on the amount of sales, on a warrant from -- he auditor of public accounts. * 10. Be it further enacted, That it shall be the duty of the audi* or of public accounts, at the public expense, to cause a copy of his act, and of an act passed the first day of February, in the -wear one thousand eight hundred and six, entitled “An act giving further time to the proprietors of certain lands forfeited for the non-payment of taxes, to redeem the same, and also of an act passed on the twentieth day of January, in the year one thousand eight hundred and seven, entitled “An act to amend an act entitled an act more effectually to provide for the payment of taxes up... on lands within this commonwealth,” to be published for six ... months successively in the present year, and for three months successively, preceding the first Monday of August, in the year one thousand eight hundred and eleven, to be published in some newspaper of general circulation, edited in each of the United ... States, if any suel, there be. ... 11. Jind be it further enacted, That the duties enjoined by this act to be performed by the collectors, shall, where the sheriff is ... collector, be performed by the high sheriff in person, and every purchase made, wholly or in part, by the sheriff or his deputy, or by any other person being a collector, or by any other person, wholly or in part, for the use of such sheriff, deputy sheriff or o"... ther person being collector, shall be void; and every sheriff, deo puty sheriff or other person being a collector, making any purchase, either wholly or in part, for himself, or procuring any o other person to make such purchase, wholly or in part, for the * use aforesaid, shall forfeit and pay the sum of five hundred dol... lars, to the use of the public, to be recovered by bill, plaint or ino formation, in any court of record having jurisdiction thereof.

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o 12. This act shall be in foree from the passing thereof. o CHAP. XVI.

* in ict to repeal the Act entitled “...in act, more effectually to pre

vent whalicious and Peacaiivus Suils.”

* o [Passed February 2, 1899.] o 1 E it enacted by the General.'ssembly. That an act passed on * “ the second day of January, one thorisand eight hundred and o' three, cutitled . An act, more citectually to prevent malicious and * vexatious suits,” he and the same is hereby repealed. o' 2. This act shall connenee and be in force from and

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aster the Commencement,

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Jin Jlct to eactend the remedy of the Commnwealth in certain cases in Chancery.

[Passed February 2, 1809.]

4. E it enacted by the General Assembly, That any suit in equi- - - - ty on behalf of the commonwealth in the name of the at...:"... torney-general or otherwise, may be instituted in the superior monwealth is in- - j."... b. court of chancery holden at Richmond, whether the defendant or prosecuted in defendants in said suit reside in the district for which the said suRichmond. perior court of chancery shall be holden or not, and whether the property, real or personal, to be affected by the decree in said suit, shall be or lie within the said district, or in any other part of this commonwealth, or elsewhere; and that in such suits the process process to run of the said superior court shall run into every part of the said into every part of commonwealth and that it shall possess the same power, to make the state. any orders and decrees and to enforce the same by execution, attachment or otherwise, as if the defendant or defendants resided within the limits of the district for which it may be holden, And it may also decree the sale of property, real or personal, belonging to the defendants in any part of the said commonwealth. so, in which 2. All suits which may be hereaster instituted, in which it shall overnor, &c. are be proper or necessary to make the governor, attorney-general, efendants, to be treasurer or register of the land-office, as representing the commonio * wealth, a party defendant, or in which it shall be attempted to enjoin or otherwise suspend or affect any judgment of the general court on behalf of the commonwealth, or any execution issued thereon, shall not be brought or prosecuted in any court of chancery or court having chancery jurisdiction, except the superior i court directed by law to be holden at Richmond. puty of chancery .. 3. The superior courts of chancery holden at Staunton and Wilcourts of Staun, liamsburg, in case any such suits as are mentioned in the second sec*... Willi tion of this act shall now, or hereafter, before this act goes into amsburg. operation, be depending in said courts, shall suspend any further proceeding therein, and shall transmit the records or original pa: pers in said suits to the superior court of chancery at Richmond, where they shall be proceeded in as in other cases. commencement. 4. This act shall commence and be in force from and after the passing thereof.

suits in chancery

CHAP. XVIII. -
Jin let imposing Taaces for the Support of Government.
[Passed February 11, 1809.]

1 Bo it enacted by the General Jissembly, That the public taxes

for the year one thousand eight hundred and nine, shall be as follows, to wit; on lands for every hundred dollars value, agreeably to the equalizing law, forty-eighteents; for every slave above the age of twelve years, except such as have been or shall be exempted in consequence of age or infirmity, by the respective eounty or corporation courts, forty-four cents; for every stud horse or jack ass, twice the price such horse or ass covers a mare by the season; for all other horses, mules, mares and colts, twelve cents each ; for every ordinary licence, five dollars on every hundred dollars of the rent of such ordinary, to be ascertained by the rent paid by the tenant; and where such tavern is in the occupancy of

Taxes for the year 1809.

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