Duty of the audi tor. Ibid, sec. 10. shall become due, until the time of such redemption: Prorid nevertheless, That all lands heretofore forfeited shall be redeem able in like manner, and on payment of the like interest, on or be fore the first day of March, in the year one thousand eight n dred and ten. 2. Be it further enacted, That the auditor of public accom shall, on or before the first day of March, in the year one the sand eight hundred and eleven, and on or before the first day March in every year thereafter, deliver to the collector of taxes of each county, a list of all such forfeited lands thereis on the first day of March preceding had become irredeema And collectors. which list shall be forthwith posted or hung up in the most p lic place in the courthouse of the county. Collectors, how to proceed. Ibid, sect. 11. When lands shall not be sold. Buty of commissioners of the re youue. Duty of and al tors. 3. Be it further enacted, That on the first Monday in Ange the year one thousand eight hundred and eleven, and on the is Monday of August in every year thereafter, the collectors sh 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 irredeemable on first day of Masch in the preceding year, for ready money. 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 soil 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, sha appear and pay the taxes duc 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 person mal ing the same in the name of the former owner or owners, ant thereupon such land shall be taken to be redeemed, and the for feiture accrued thereon shall be, and the same is hereby, fully waved and remitted. 5. Be it further enacted, That it shall be the duty of the com missioner or commissioners of the revenue, annually, on the first Monday of August, to attend at the courthouse of their respective counties, and to take and make out a list of all the sales so to be made by the collector, specifying the name or names of the for mer owner or owners, the sums paid and to whom sold; which list the commissioner or commissioners shall forthwith transm to the auditor of public accounts, who shall charge the collect with the amount of sales appearing thereon. 6. Be it further enacted, That it shall be the duty of every ed lowance to collec- lector to pay annually into the public treasury all such sum of sums of money as he shall receive by virtue of this aet, deducting a commission of five per centum thereon; which payment shall annually be made on the same day on which the taxes collected in the same year shall be payable. What sufficient tors. 7. Be it further enacted, That the lists of sale so certified and to charge collec- taken by the commissioners, or either of them, shall be sufficient to charge the collector or his security or securities, his, her of their heirs, executors or administrators therewith, on any motion to be made to recover the same by the auditor of public accounts. And if any collector shall make default in the payment of any mo nies by him received, by virtue of this act, at the time hereby re quired, such collector, and his security or securities, his, her or their heirs, executors and administrators, shall be liable to all such fines, interest, damages and costs, and to be recovered in the sams manner as in case of a default in the payment of the commonwealth's revenue. Collectors sel. ecute deeds, &c. 8. Be it further enacted, That it shall be the duty of every collector making a sale by virtue of this act, to make and execute to ling lands to ex the purchaser a deed in fee simple for the lands purchased, recit-See acts of ing the cause of sale; and in every action or suit at law or in equi- 1809, ch. 16, sec. ty, in which a former owner or owners of any tract of land so sold 13-post ch. 46. and conveyed, his, her or their heir or devisee, or other person or persons claiming under him, her or them, shall contest the validity of the sale so made, the onus probandi shall lie on the party so contesting. 9. Be it further enacted, That the commissioner or commissi- Compensation to oners, for discharging the duties required of them by this act, shall commissioners. be entitled to receive from the public treasury a commission of one and an half per centum on the amount of sales, on a warrant from the auditor of public accounts. 136. Sess'ns. acts 10. Be it further enacted, That it shall be the duty of the audi- Auditor to cause tor of public accounts, at the public expense, to cause a copy of this act to be this act, and of an act passed the first day of February, in the published. year one thousand eight hundred and six, entitled "An act giving of 1805, ch. 81further time to the proprietors of certain lands forfeited for the and 1806, ch. 3. non-payment of taxes, to redeem the same, and also of an act pas- R. Code vol. 2, sed on the twentieth day of January, in the year one thousand page 106, and eight hundred and seven, entitled "An act to amend an act entitled an act more effectually to provide for the payment of taxes upon 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 such there be. 11. And be it further enacted, That the duties enjoined by this act to be performed by the collectors, shall, where the sheriff is collcetor, 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 other person being collector, shall be void; and every sheriff, deputy sheriff or other person being a collector, making any purchase, either wholly or in part, for himself, or procuring any other person to make such purchase, wholly or in part, for the use aforesaid, shall forfeit and pay the sum of five hundred dollars, to the use of the public, to be recovered by bill, plaint or information, in any court of record having jurisdiction thereof. 12. This act shall be in foree from the passing thereof. CHAP. XVI. Where high shøhe is to act in riff is collector, person. Penalty on collectors for pur chasing. Commencement, An Act to repeal the Act entitled "An act, more effectually to pre-Revised Code vent Malicious and Vexations Suits." 1. BE [Passed February 2, 1809.] E it enacted by the General Assembly, That an act passed on the second day of January, one thousand eight hundred and three, entitled An act, more effectually to prevent malicious and vexatious suits," be and the same is hereby repealed. 2. This act shall commence and be in force from and after the passing thereof. Sess'ns. acts of 1802, ch. 6. Act repealed. Commencement. Suits in chancery terested, to be prosecuted in Richmond. CHAP. XVII. An Act to extend the remedy of the Commnwealth in certain casca in Chancery. 1. [Passed February 2, 1809.] Bit enacted by the General Assembly, That any suit in equity on behalf of the commonwealth in the name of the atin which the com- torney-general or otherwise, may be instituted in the superior court of chancery holden at Richmond, whether the defendant or defendants in said suit reside in the district for which the said superior 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 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. the state. 2. All suits which may be hereafter instituted, in which it shall Suits in which be proper or necessary to make the governor, attorney-general, governor, &c. are defendants, to be treasurer or register of the land-office, as representing the commonprosecuted in wealth, a party defendant, or in which it shall be attempted to enRichmond. join 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 chan cery or court having chancery jurisdiction, except the superior court directed by law to be holden at Richmond. Duty of chancery courts of Staun. ton and Williamsburg. Commencement. Taxes for the year 1809. into 3. The superior courts of chancery holden at Staunton and Williamsburg, in case any such suits as are mentioned in the second sec tion of this act shall now, or hereafter, before this act goes operation, be depending in said courts, shall suspend any further proceeding therein, and shall transmit the records or original papers in said suits to the superior court of chancery at Richmond, where they shall be proceeded in as in other cases. 4. This act shall commence and be in force from and after the passing thereof. CHAP. XVIII. An Act imposing Taxes for the Support of Government. [Passed February 11, 1809.] 1 BE it enacted by the General Assembly, 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-eight cents; 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 county 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 the proprietor, the yearly value shall be ascertained by the commissi oners of the revenue: Provided, that for every ordinary licence, not less than twelve dollars and fifty cents shall be paid; for every four wheel riding carriage, except phætons and stage waggons, one dollar and twenty-five cents per wheel; for all phatons and stage waggons, eighty-four cents per wheel; for every other riding carriage with two wheels, forty-three cents per wheel; for all houses and lots in town, one dollar and fifty-six cents on every hundred dollars of the rent thereof, to be ascertained by the rent paid by the tenant; and where such house or lot is in the occupancy of the proprietor, the yearly rent or value thereof shall be ascertained by the commissioners of the revenue, or either of them, by comparison of its value with that of other houses or lots actually rented; on every licence to sell merchandize of foreign growth or manufacture, by wholesale and retail, forty dollars; en every licence to retail such goods, fifteen dollars; on every licence to a hawker or pedlar, thirty dollars; on each appeal to the court of appeals from the superior chancery courts, and superior courts of law for the several counties in the commonwealth, two dollars: Provided, that no taxes shall be collected on lands, lots, houses or other property belonging to this commonwealth, or to any county, town, college or seminary of learning, or attached to any house or houses for divine worship; And provided also, that nothing in this act shall be so construed as to prevent any farmer or planter from selling salt, tea, sugar, molasses, coffee, spices, iron or steel, to his neighbours, when such articles were purchased as a return load on carrying his produce to market, in his waggon or otherwise. 2. This act shall commence and be in force from and after the Commencement passing thereof. CHAP. XIX. See farther An Act for the Government and Regulation of the Manufactory regulations 1. BE of Arms. [Passed February 17, 1809.] Sess'ns acts 1810, ch. 6.-Post ch. 70. Superintendant, armorer and as E it enacted by the General Assembly, That from and after the commencement of this act, a superintendant of the manufactory of arms, and a master and an assistant armorer shall sistant armorer, be, during every annual session of the legislature, elected by joint of the manufacto ballot of both Houses of the General Assembly, and that the first ry of arms, to be election so to be made shall take place during the present session: by the Assembly. annually elected Provided nevertheless, That if a vacancy in either of the said offices shall happen, during a recess of the General Assembly, or if any person so elected shall refuse to accept, or shall fail to give security as required by this act, the Executive shall make an appointment to supply the same, which appointment shall be in force until the next annual election, to be made by the General Assembly. 2. The superintendant, before he enters on the duties of his of- Superintendant, fice, shall give bond with sufficient security to the executive, pay- to give bond and able to the Governor and his successors, for the use of the com- security. monwealth, in the penalty of fifty thousand dollars, conditioned for the due and faithful discharge of his duty, and shall moreover Superintendant, 3. The superintendant shall hereafter receive the money appro to receive money priated for carrying on the operations at the manufactory of arms, appropriated for the armory from from time to time, in such portions, as may be necessary to be time to time, paid to those entitled thereto when due, for which he shall account at the end of every three months, with the auditor of public ac And to account counts; and it shall be the duty of the auditor to keep a fair and distinct account thereof, on the debit side, the sums so drawn, and the periods respectively when drawn, and, on the credit side, Duty of Auditor. the disbursements made by the superintendant, including the time when made, to whom and for what object ; and he shall moreover carefully file away all vouchers exhibited by the superintendant in discount. every three months. Contracts to be in writing, and deposited in Auditor's office. See post ch. 51, and sessions acts of 1809, ch. 21-this section amended. ons. 4. Every contract hereafter entered into for work to be performed in making arms, or completing the buildings or machinery, or keeping them in repair, shall be in writing and deposited in the auditor's office, and every voucher admitted in discount shall be certified by the clerk of the manufactory of arms, and one masterarmorer, stating that the work therein stated, was done, or that the material, or other article furnished, was received for the man: ufactory of arms. Clerk to keep 5. The clerk of the manufactory of arms shall keep fair and distinct accounts distinct accounts of all the transactions in any manner relating to of all transacti- the institution, not only that they may exhibit in detail all the disbursements of money, and labour performed, and articles furnished, but that the state of the concerns may at stated periods be seen in general results arising from all the details. Officers prohibited from being concerned in the profits of any work done. cutive. 6. It shall not be lawful for any of the officers hereafter to be concerned, either directly or indirectly, in the profits of any labour to be performed, either in completing the buildings and machinery, and keeping them in repair, or in making arms, tools or utersiis, or in furnishing any material or article necessary to carry on the operation; and every officer who shall violate the provisions of this section shall be removed from office, and subject to a fire of one hundred dollars, for the use of the commonwealth, and shall moreover be compelled to refund all sums received by him for performing such labour, or furnishing such materials. Superintendant 7. It shall be the duty of the superintendant to cause to be ento preserve all or- tered and preserved in a book to be kept for that purpose, all or ders of the Exe- ders or directions of the Executive, and which shall be delivered to him in writing, respecting the manufacturing of arms, the buildings, and every thing that concerns the same and all regulations adopted, for the government of the artificers and others employed or concerned, shall also be entered in like manner. Joint committee to be annually appointed, to examine the armo ry. Materials, &c. : 8. It shall hereafter be the duty of the Speaker of the Senate, at the commencement of every session, to appoint three members of the Senate, and of the Speaker of the House of Delegates, to appoint thirteen members of the House of Delegates, who shall ferm a joint committee, whose duty it shall be, forthwith to enquire in what manuer the operations at the manufactory of arms have been conducted for the preceding year, investigate the conduct of the officers, ascertain the quality of the arms made, examine into the expenditure of the money appropriated and drawn from the treasury. the number of arms made. and the different descriptions thereof, the number and quantity of component parts, and materials en hand, and their value, and the costs of the arms. 9. It shall be the duty of the Executive, immediately to cause the on han, to be as number, quantities and value of the materials on hand, and com certained. |