ant: Provided always, That each heir residing within this Commonwealth, shall be first duly summoned to shew cause, if any he can, against such sale; and where any heir shall reside without this Commonwealth, the Court shall make an order for publication, which order being inserted in the Virginia Gazette for eight weeks successively, shall be considered as a summons.

may be sold.

SECT. 2. Where one or more slaves shall descend from When slaves a person dying intestate, and an equal division thereof of an intestate cannot be made in kind, on account of the nature of the property, it shall be lawful for the high court of chancery, or the court of the county or corporation, by which the administration to the estate of the intestate was granted, to direct the sale of such slave or slaves, and the distribution of the money arising therefrom, according to the rights of each claimant. Provided always, That each claimant shall be first duly summoned to shew cause, if any he can, against such sale.

tain cases.

SECT. 3. Where an infant shall die without issue, Course of dehaving title to any real estate of inheritance derived by scents in cerpurchase or descent from the father, the mother of such infant shall not succeed to or enjoy the same or any part thereof, by virtue of the above recited act, if there be living any brother or sister of such infant, or any brother or sister of the father, or any lineal descendant of either of them. Saving however, to such mother any right of dower which she may claim in the said real estate of inheritance.

SECT. 4. Where an infant shall die without issue, having title to any real estate of inheritance, derived by purchase or descent from the mother, the father of such infant shall not succeed to or enjoy the same or any part thereof by virtue of the said recited act, if there be living any brother or sister of such infant, or any brother or sister of the mother, or any lineal descendant of either of them; saving however, to such father the right which he may have as tenant by the curtesy in the said estate of inheritance.

ancestor no

SECT. 5. In making title by descent in any suit what- Alienage of an soever, it shall be no bar to a party, that an ancestor, anar in a title through whom he derives his descent from the intestate, by descent. is, or hath been an alien.

ceners,

SECT. 6. One parcener may maintain an action of Rights of par waste against another, but no parcener shall have or possess any privilege over another in any election, division

matter to be made or done, concerning lands which shall have descended to them.

SECT. 7. So much of all acts as comes within the purview of this act, and particularly of the act intitled "An act directing the course of descents," shall be and the same is hereby repealed.

Preamble.

CHAP. XIV.

An act for giving further time to the owners of surveys to return the plats and certificates thereof into the land-office.

(Passed the 8th of November, 1790.)

SECT. 1. WHEREAS the law authorizing the register of the land-office to receive into his office plats and certificates of surveys, that have been or shall be made, will expire on the last day of December one thousand seven hundred and ninety, and it is represented to this General Assembly, that many persons through unavoidable accidents have been prevented from returning their plats and certificates aforesaid to the register of the land office, whereby their lands may be forfeited: For remedy When certifi- whereof, Be it enacted by the General Assembly, That the further time of nine months after the passing of this act, shall be allowed for returning the same, within which ters must be time the register of the land office or his deputy, shall receive all plats and certificates of survey, although not returned within the time heretofore limited by law; and such lands shall not be considered as forfeited, or liable to forfeiture on that account.

cates of sur

veys on the Western wa

returned.

SECT. 2. And whereas the act of Assembly passed in the year one thousand seven hundred and eighty-six, intitled "An act for reviving, continuing and amending an act, to revive and amend in part an act for giving further time to enter certificates for settlement rights, and for locating warrants upon pre-emption rights and for other purposes," which was continued by a subsequent act, will expire on the thirty-first day of December one thousand seven hundred and ninety, and it is

Entries and

surveys on the

expedient, that the owners of entries and surveys on the Eastern waters should be allowed a further time to comply with the requisitions of the said act. Be it therefore enacted by the General Assembly, That so much of the said recited act, as relates to the entries and surveys of Eastern waland on the Eastern waters shall continue and be in force ters. until the thirty-first day of May, one thousand seven hundred and ninety-one.

CHAP. XV.

An act concerning an advance of money to the government of the United States for public buildings.

(Passed the 27th of December, 1790.)

WHEREAS the General Assembly of Maryland have Preamble. acceded to a proposition of the General Assembly of this Commonwealth contained in their resolution of the tenth day of December one thousand seven hundred and eightynine, concerning an advance of money to the general government to be applied towards erecting public buildings at the permanent seat of the government of the United States, should the Congress deem it expedient to fix it on the bank of Patowmack; and whereas Congress have passed an act for establishing the said seat of government on the Patowmack: Be it enacted by the General Assembly, That one hundred and twenty thousand dollars Sum of money shall be advanced by this Commonwealth to the general to be advanc government payable in three equal yearly payments, and ed for public to be applied towards erecting public buildings at the the Federal buildings at permanent seat of the government of the United States seat of goon the bank of Patowmack: And the auditor of public vernment accounts is hereby directed to issue his warrants on the treasurer to the amount of one hundred and twenty thousand dollars payable in manner herein before directed, to the order of the President of the United States.

Preamble.

Allowances to commission

CHAP. XVI.

An act to amend and explain so much of the laws of revenue as directs the allowance to be made the Commissioners of the land-tax for their services.

(Passed the 25th of December, 1790.)

SECT. 1. WHEREAS doubts have arisen whether the commissioners of the tax in the several counties in this state are not entitled to twenty pounds under the law for equalizing the land tax, and also to six shillings a day for their services under the act intitled "An act to amend the act intitled an act for ascertaining certain taxes and duties and for establishing a permanent revenue," for removing which doubts, Be it enacted, That in future the commissioners shall be intitled to six shil

ers of the taxes lings per day from the Commonwealth for their public for public ser- services, and no more.

vices;

For noting ali

SECT. 2. The commissioners shall in future be allowenations, &c. ed two shillings and six pence for every alienation or in their books; division of lands noted by them in their books and no more. Any law to the contrary notwithstanding.

To the clerks of city and corporation courts.

the commis

sioners.

SECT. 3. And be it further enacted, That the court of each city and corporation shall make such allowance to the clerk for his services which have or may be performed under the last recited act, as they shall think reasonable, which shall be levied on the tithables within the same.

SECT. 4. It shall be the duty of the general court General court to determine at their next session to judge and determine whether unquestion re- der the laws then in force, the said commissioners were specting the entitled to receive from the public the sum of twenty allowance to pounds annually; and if the court shall determine that they were not intitled to the said sum of twenty pounds, the auditor shall withhold any warrants in future from those commissioners who have not yet drawn the same; And further, in case of such determination of the court, the executive are hereby directed and required to use all legal means for the recovery of the money which hath been so paid to such commissioners or their assigns.

CHAP. XVII.

An act concerning Sheriffs and Collectors of the
Public Revenue.

(Passed the 27th of December, 1790.)

to remit dama

SECT. 1. BE it enacted by the General Assembly, That The executive the executive shall and they are hereby authorised and authorized to required upon application to them made, to remit all da- ges on judg mages accruing on any judgment which hath been obtain- ments against ed, or balance due against any sheriff or collector of the sheriffs. public revenue, or their security or securities, for taxes due prior to the first day of October, one thousand seven hundred and ninety: Provided that such sheriff or collector, or their security or securities making application as aforesaid, shall produce to the executive a full statement of his or their account or accounts, accompanied with a receipt or receipts from the auditor of public accounts, for the principal sum due on such judgment, together with the legal interest due thereon, and costs on or before the first day of May next.

titions from sheriffs.

SECT. 2. And be it further enacted, That no petition or Regulations petitions shall in future be received from any sheriff or respecting pecollector of the public revenue, or their security or securities, or from any person or persons directly or indirectly in their behalf, unless such sheriff or collector shall previous to such application, advertise at the door of his courthouse on one court day at least, a list of the persons in arrears for taxes in his county, together with the balances due from such persons respectively, making oath to the same before the court of the county in which he or they respectively reside, which oath shall be committed to record, and list filed in the clerk's office, and the said sheriff or collector shall produce an attested copy of such advertisement, together with copies of the list and certificate aforesaid, signed by the clerk of his or their respective county courts.