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!. W HEREAS it is provided by the laws as they now stand,
that in case where the land of a public door taken un: execution, cannot be sold for three-fourths of its valie in the opinion of the valuers of the county, it shal; be solo! on three mont's oredit; and as there is in soone cou:ies a deficiency of valois, whereor the sales of the la:ds of public
the law, as it now stands, requires such property to be voted; and
*all take place, but in the presence of at least two of the said valuors. There shall be paid to each of the value:g appointed by virtue &f this act, two dollars for each day's attendance at any sale, to be raised by the sheriff out of the property of the defendant, which shall be so sold, where there is one execution, or where there are more than one, to be raised from the property of each proportionably, to the amount of the several executions. The sheriff shall pay the said Jowance to the commissioners, and in default thereof shall be liable sojudgment and execution therefor, in the county or district court, on ten days notice, with full costs; Provided, that not more than three valuers shall be aliowed for their attendance in any case. Every vather before he takes upon him to act as a valucr of property under this act, shall take an oath for the faithful and impartial discharge of the duties of his office ; and any valuer called upon by the sheriff or coroner, or other person authorised by law, to value property, and failing to attend, unless prevented by sickness or other good cause, shall forfeit and pay to the use of the commonwealth, twenty dollars, to be recovered by motion in the court of the county, corporation or district, in which he resides, ten days previous i.vtice being given. - *
3. Whenever a vacancy happens in the office of valuer under this act, by death, resignation or otherwise, it shall be the duty of the court of the county or corporation to supply the said vacancy by a new appointment.
4. And whereas the land of public debtors, taken under execution, cannot in some instances, be sold for want of bidders ; Be it therefore enacted, That the auditor of public accounts, whenever such case occurs, or whenever, for other cause, the land of a public debtor cannot be sold, may represent the case to the executive, who are hereby authorised to appoint an agent in the county where the land Bei, to purchase it for the benefit of the commonwealth, which land zo purchased, they may authorise the said agent, or any other, to sell at such time and on such terms, whether for cash, or for credit,
1802. --" " Preamble.
Court to appoint
; valvers of pro
1802. on good security, as at their discretion may seem best for the public
*—— interest; to which agent, in either case, the executive may make a reasonable compensation, to be raised out of the money arising from. the sale of such land, where the same is sold for cash ; or otherwise out of the public treasury,
Agents'compen- 5. And whereas by an act passed the thirtieth November, one sation, thousand seven hundred and ninety-two, it was intended, that a fine should be inflicted on sheriffs and others, authorised to levy executions on behalf of the commonwealth, and failing so to do according to law, and the said act being found defective; for remedy thereof, Be it enacted, That all sheriffs, coroners or other persons, authorised to levy executions of any kind, on behalf of the commonwealth, Forfeiture for and failing so to do according to law, shall forfeit and pay to the officers failing to commonwealth, fifteen per centum on the amount of such execution, ..o.o. to be recovered by the auditor, on behalf of the commonwealth, by commonwealth. o in the general court, giving ten days previous notice thereOis
writs of fier; f. , 6. And be it further enacted, That in all cases of writs of fieri facias against pub-cias against the lands and tenements, goods and chattels, of any public do to lic debtor, that it shall be the duty of the sheriff or coroner to levy o oat. the same on the goods and chattels, in the first instance, and if no tois, and in case goods and chattels can be found, or not a sufficiency to satisfy the ofa deficiency on said execution, that then the said sheriff or coroner shall proceed to their lands. satisfy the said execution by levying it on the lands and tenements of such debtor.
An Act to compel the attendance of witnesses before a single justice of the Peace.*
[Passed January 22, 1803.]
witnesses com: 1. E it enacted by the General Assembly, That when any person elled to attend who shall be summoned as a witness to attend before any before a single justice of the peace, in any county or corporation within this comjustice. monwealth, to give evidence in any matter depending before such justice, shall fail to attend accordingly, not having a reasonable excuse for such failure, such witness shall be fined by the justice forfeiture for by whom the summons was issued, two dollars (a ) for the non-attendance, use of the party for whom such witness was summoned, and the witness so failing, shall farther be liable to the action of the party for all damages sustained by his or her non-attendance; but if sufficient cause of his or her inability to attend, be shewn to the said justice at the time he or she ought to have appeared, or at any time within one month after, (the said witness being first served with a copy of the order imposing such fine) then no fine shall be incurred by such failure.
Čempensation 2. And be it further enacted, That every witness summoned find for attending, who shall attend to give evidence as aforesaid, and being an inhabitant of the same county, shall be paid by the person or persons at whose suit the summons issued, twenty-five cents for every day's
* Amended, post chap. 96.—See also post chap. 88, sec. 9, by which magistrates may issue executions and subpoenas for witnesses, directed to the constable or other officer of any county or corporation in the state.
attendance upon such summons, and every person residing in and 1802. *ommoned out of another county, shill have the said allowance of \-twenty-five cents per day for attendance, and three cents per mile for travelling to the place of attendance, and the same for returning, Besides ferriages, to be charged to the person or persons at whose request such witness was summoned, which sum shall be taxed in the bisl of costs of such suit, and finally recovered against the party who may be castin such suit: Provideo metertheless, that the attend- - ance of not more than one witness to each particular fact shall be so o go taxei. Such witnesses shall be privileged from arrest in all cases ..." except treason, felony and breaches of the peace, in the same manaer as witnesses attendo: the courts of this commonwealth are.
3. This act shall be in force from and after the first day of May Commencement. The Xt.
Witnesses free from arrest.
An Act oroviding Sea's for the District Courts.
#- E it enacted by the General Assembly, That it shall be the du- o:
- - * accounted for y every such seal, there shall be paid to the clerk, a tax of one dollar, oil. i.i. and a fee to himself of twenty-five cents. And the said clerks shall account for the taxes by them received under this act, in the same manner, and under the same penalties, as for taxes on law process.
2. This act sh di be in force from the passing thereof. Commencerncro.
An A- for confirming and establishing the boundary Jiné between this
state and the state of Tennessee, as ascertained and adjusted by cer
- TPassed January 23, 1803.] 1. \\7 HEREAS the commissioners appointed to ascertain and
adjust the boundary ine, between this state and the state wof Tennessee, in conformity to the resolution passed by the legislature of this state, for that purpose, have proceeded to the execution *Of the said business, and made a report thereof, in the words following, to wit: “The commissioners for ascertaining and adjusting the boundary line between the states of Virginia and Tennessee, appointed pursuant to public authority on the part of each, namely: General Joseph Martin, Creed Taylor, and Peter Johnston, for the former, and Moses Fisk, general John Sevier and general George Rutledge, for the latter, having met at the place previously appoint<d for that purpose, and not uniting, from the general result of their astronomical observations, to establish either of the former iines called Walker’s and Henderson’s, unanimously agreed, in order to end all controversy respecting the subjeot, to run a dine west line equally distant from both, beginning on the summit of the moun-line agreed eytain generally known by the name of the White-top mountain, where on. C - *:
1802. the northeastern corner of Tennessee terminates, to the top of the Q-Y-2 Cumberland mountain, where the southwestern corner of Virginia terminates, which is hereby declared to be the true boundary line between the said states, and has been accordingly run by Brice Martin and Nathan B. Markland, the surveyors duly appointed for that purpose, and marked under the directions of the said commissioners, as will more at large appear by the report of the said surveyors, hereto annexed, and bearing equal date herewith.
Commissioners 2. The commissioners do further unanimously agree, to reconnagree to recom- mend to their respective states, that individuals having claims or tião. ... ties to lands on either side of the said line, as now fixed and agreed .."..."... on, and between the lines aforesaid, shall not in consequence therelands. of, in any wise be prejudiced or affected thereby; and that the 1e
- gislatures of their respective states, should pass mutual laws to ren
der all such claims or titles, secure to the owners thereof.
Recommending 3. And the said commissioners do further unanimously agree, to .. o ‘....". recommend to their states respectively, that reciprocal laws should ...” “" be passed, confirming the acts of all public officers, whether magistrates, sheriffs, coroners, surveyors or constables, between the said lines which would have been legal in either of the said states, had
no difference of opinion existed about the true boundary line.
To be ratified by 4. This agreement shall be of no effect, until ratified by the legislathe legislatures tures of the states aforesaid, respectively, and until they shall pass mutual laws for the purposes aforesaid. Given under our hands and seals at William Robertson's, near Cumberland Gap, December the ! eighth, eighteen hundred and two. Jos. MARTIN, (L. s.) Moses Fisk, (L. s.) John S.Evi ER, (L. s.) PETER Johnston, (L. s.) CREED TAYLoR, (L. s.) GeoRGE RUTLEDGE, (L. s.)
tertificate ofthe 5. And whereas Brice Martin and Nathan B. Markland, the sur. .*.*.*, veyors duly appointed to run and mark the said line, have granted 5. line. their certificate of the execution of their duties, which certificate is in the words following, to wit: “The undersigned surveyors, having been duly appointed to run the boundary line between the states of Virginia and Tennessee, as directed by the commissioners for that purpose, have, agreeably to their orders, run the same, beginning on the summit of the White-top mountain, at the termination of the northeastern corner of the state of Tennessee, a due west course to the top of the Cumberland mountain, where the southwestern corner of the state of Virginia terminates, keeping at an equal distance from the lines called Walker's and Henderson's, and have had the new line run as aforesaid, marked with five chops in the form of a diamond, as directed by the said commissioners. Given under our hands and seals, this eighth day of December, eighteen hundred and two. B. MARTIN, (L. s.) NAT. B. MARKLAND, (L. s.) , And it is deemed proper and expedient, that the said boundary line so fixed and ascertained as aforesaid, should be established and confirmed on the part of this commonwealth :
riae as esta- 6. Be it therefore enacted by the General Assembly of the Commonblished, ratified. wealth of Virginia, That the said boundary line between this state and the state of Tennessee, as laid down, fixed and ascertained by the said commissioners above named, in their said report above recited, shall be, and is hereby fully and absolutely, to all intents and
furposes whatsoever, ratified, established and confirmed on the part 1802.
to mis commonwealth, as the true, certain and real boundary fine Qbetween the said states.
7. All claims or titles to lands derived from the government of Titles to land North Carolina or Tennessee, which said lands by the adjustment granted by N. and establishment of the line aforesaid, have fallen into this state, ". o *all remain as secure to the owners thereof, as if derived from the . * * government of Virginia, and shall not be in any wise prejudiced or affected in consequence of the establishment of the said line.,
8. The acts of all public officers, whether magistrates, sheriffs, co- Acts of officers zoners, surveyors or constables heretofore done or performed in that confirmed." Portion of territory between the lines called Walker's and Henderson's lines, which has fallen into this state by the adjustment of the present line, and which would have been legal if done or performed in the states of North Carolina or Tennessee, are hereby recognised
9. This act shall commence and be in force, from and after the commencement. passing of a like law on the part of the state of Tennessee.
* - CHAP. XIV. An Act more effectually to restrain the practice of Negroes going at large.* [Passed January 25, 1803.] I. E it enacted by the General Assembly, That from and after Free negroes &
the commencement of this act, every free negro or mulatto, mulattoes to be who resides in any county in this commonwealth, shall be registered registered. and numbered in a book to be kept for that purpose by the clerk of the court of the said county, which register shall specify the age, name, [CT How to be color and stature of such free negro or mulatto, together with any o• *. apparent mark or scar, on his or her face, head or hands, and in code, vol. 1, ch. what court he or she was emancipated; or that such negro or mulat-163, pa. 315. to was born free. A copy of the said register, signed by the clerk and attested by one justice of the peace of the county wherein such register shall be made, shall be delivered to the said negro or mulatto, on application, for which copy the clerk, may demand and receive twenty-five cents, to be paid by the person receiving the same. Clerk's fee.
2. Provided always, That the clerk shall in no case grant a copy Proviso, of such register, until the court of the county in which such free me
gro or mulatto resides, shall have certified that such register has been truly made.
CHAP.XV. An Act to amend the several acts heretofore made, to prevent unlawJul gaming.f [Passed January 25, 1803.] 1. HEREAS the several laws heretofore made to prevent Preambl unlawful gaming have been found extremely beneficial rearm ble, in many respects, yet their salutary effects have in some instances been evaded by the subtilty and ingenuity of gamblers, and other disorderly persons, who for the most part make their living by en
* See Revised Code, vol. 1, chap. 163, sec. 5, 6, 7, 8, chap. 283, see. 5, 6, pa. 413. 1 Sce Revised Code, vol. 1, chap. 96, page 174—chap. 221, page 373.