CHAP. XXIII. An act providing funds for the support of government and for the payment of the public debts. (Passed the 29th of December, 1790.) SECT. 1. FOR providing adequate funds for the sup port of government and payment of the public debts, Be Arrearages it enacted by the General Assembly, That all the arrear- constituting ages of revenues due to this Commonwealth before the the aggregate fund; first day of November one thousand seven hundred and ninety, except those arrearages arising under the act "For redeeming certain certificates," and from the tax on the seal of the Commonwealth, and the revenue collected by the register of the land-office, and by the several clerks and inspectors shall be added to those heretofore constituting the aggregate fund. the executive. SECT. 2. The sum of thirty-two thousand pounds shall Certain sums be drawn from the said aggregate fund at such times and to be drawn therefrom by in such proportions as the governor with advice of council may direct: twenty thousand pounds whereof shall be applied in aid of the funds herein after mentioned to be set apart for the support of civil government and the contingent charges thereof, and twelve thousand pounds shall be applied under the direction of the executive to the purpose of erecting the public buildings at the Federal seat of government on the Patowmack. SECT. 3. The said aggregate fund shall remain pledg- Charges ed for the payment of all debts heretofore charged there- thereon on, or on any of the revenues which constitute the same by any act or resolution of the General Assembly, and shall further be charged with all warrants to be issued by the auditor of public accounts, in the year one thousand seven hundred and ninety-one, for interest on any debt due by this Commonwealth, and with all sums of money directed to be paid by any act of the present General Assembly, for which no other provision is made, and for any sums which the executive may certify to be due to any person or persons, whose claims are referred to them by the assembly for settlement during the present session, and for which the governor, with the advice of council, may direct the auditor of public accounts to issue warrants on the said fund. Funds for pay. ment of the judges sala ries; For the support of civil government. Charges on the revenue 1790. Facilities receivable for arrearages constituting fund; SECT. 4. And be it further enacted, That the taxes on law process, recording of wills and deeds, the tax on the seal of the Commonwealth, and from the register's office, which shall be specie only, shall be appropriated to the payment of the salaries and allowances to the judges of the superior courts; and if the same shall prove insufficient, such salaries or allowances shall be made good out of the fund set apart for support of civil government, and the contingent charges thereof. SECT. 5. The funds for the support of civil government, and for the contingent charges thereof, shall be the sum of twenty thousand pounds as before mentioned, to be drawn from the aggregate fund, and all other branches of revenue not otherwise appropriated, which shall arise to the Commonwealth, between the thirty-first day of October seventeen hundred and ninety, and the first day of November seventeen hundred and ninety-one; The said branches of revenue shall be charged with all warrants to be issued after the thirty-first day of December one thousand seven hundred and ninety, within the following description, to wit, for expences attending criminal prosecutions, except for guards in the several counties and corporations; for compensation for slaves executed; for the state's share in the Patowmack and James River companies; for the hospital for reception of sons of unsound mind; for the money due to the fund for establishing a marine hospital for the reception of aged and disabled seamen; for erecting public buildings at the fœderal seat of government on Patowmack; for the expences attending the arsenal at the Point of Fork; and for all pensions allowed by this Commonwealth. SECT. 6. All persons indebted to the Commonwealth for any arrearages of taxes which by this act shall constitute the aggregate fund, may make payment thereof in the aggregate specie, or in any commutable or facility heretofore by law receivable in discharge of the respective taxes, also in any warrants issued or hereafter to be issued by the auditor of public accounts for interest on the military debt, or any other funded debt due by this Commonwealth, except warrants issued in the district of Kentuckey, in warrants for the payment of the wages and salaries of the members and officers of the General Assembly and all officers of civil government, and for the contingent purposes of government; Warrants for ex per pences attending criminal prosecutions, except for guards SECT. 7. The arrears due to this Commonwealth un- Arrearages of der the act "For redeeming certain certifica es," shall the certificate be appropriated to the redemption of all certificates or tax, how appropriated. warrants issued by the auditor of public accounts for all liquidated claims due by this Commonwealth, and for which no other provision hath been made, and all persons indebted for any arrears under the said act may make payment thereof in any such certificates or warrants, and every sheriff or collector of the said certificate tax on payment thereof into the public treasury, shall have credit for the same accordingly. Treasurer to supply the deficiency in cer tain funds, by SECT. 8. And be it further enacted, That if the funds assigned for payment of the judges and other officers of civil government, and for warrants issued by direction of the executive for the contingent purposes of government borrowing on account of the state's shares in the Patowmack and from others, James River companies, for the hospital for the reception of persons of unsound mind; for the money due to the fund for establishing a marine hospital for the reception of aged and disabled seamen; for erecting the public buildings at the foederal seat of government on the Patowmack; for all pensions due by this Commonwealth, and all legal expences which may accrue by order of the executive in defence of the western frontier, should not be productive early enough for these purposes, it shall be lawful for the executive to direct the treasurer to borrow as much money as shall be deficient, out of any other funds, and to replace the same as soon as possible. So much of every act of assembly as comes within the purview of this act shall be and the same is hereby repealed. SECT 9. This act shall commence and be in force, when this act from and after the passage thereof. Commences. Preamble, CHAP. XXIV. An act for the better securing certain debts within mentioned, due and owing to the Commonwealth. (Passed the 25th of December, 1790.) SECT. 1. WHEREAS it is represented to this present General Assembly, that by means of certain suspensions of certain executions, sued out upon the Commonwealth's judgments against Sir John Peyton, sheriff of Gloucester, for the revenue and certificate taxes, due and payable in the years one thousand seven hundred and eighty-two, and one thousand seven hundred and eightythree, and against Mr. John Dixon the succeeding sheriff of the said county, for the revenue and certificate taxes due and payable in the year one thousand seven hundred and eighty-four, and by the death of the said John Dixon, who had in his hands the said executions against the said Sir John Peyton, at the time of such suspension, and also by the death of John Whiting the sheriff, who succeeded the said John Dixon, and who in his life time, had in his hands the said executions against the said John Dixon, at the time of such suspension. Questions in law and equity new and difficult may arise respecting any future mode of recovering the balances due on the said judgments: And whereas by the suspensions granted by certain resolves of the late General Assembly against certain executions of the said Sir John Peyton, upon judgments which he had obtained against Mrs. Anne Fox and Mrs. Elizabeth Whiting, the administratrixes of their respective testators, who in their life time were securities for certain deputies of the said Sir John Peyton, which executions at the time of such last mentioned suspensions, were then in the sheriff's hands to be levied according to law: Further questions in law and equity may arise respecting the operation of those suspensions, as to the Commonwealth's demand against the said Sir John Peyton. And whereas the said Sir John Peyton having departed this life, some time in the month of March last, and his administratrix, the said Mrs. Fox and Mrs. Whiting, and Thomas Dixon and Elizabeth Dixon, the surviving executor and executrix of the said John Dixon, deceased, having applied to this present General Assem. bly, for a law to pass to quiet all those questions of law and equity, and having proposed to deliver up all the slaves heretofore taken under execution, either by virtue of the Commonwealth's executions against Sir John Peyton or the said John Dixon, or by virtue of executions of the said Sir John Peyton against the said Mrs. Fox or Mrs. Whiting, and which now remain in their hands to be administered, to certain commissioners, to be sold for satisfying the balances due to the Commonwealth, upon the judgments against the said Sir John Peyton and John Dixon, on condition that the said commissioners shall sell the said slaves by way of public auction, and upon a reasonable credit, upon bond and security payable to the Commonwealth, and to be discharged by payment of such facilities as were really due and owing to the Commonwealth for the aforementioned taxes, payable in the years one thousand seven hundred and eighty-two, one thousand seven hundred and eighty-three, and one thousand seven hundred and eighty-four, and it is not only just and equitable, that the said terms should be accepted, but it will be greatly to the advantage of the Commonwealth so to do: Be it enacted by the General As- Commissionsembly, That Philip Tabb, James Booker, Armistead ers appointed Smith, James Baytop, Samuel Cary, Machen Boswell, to receive slaves, for and Richard Billups, for the county of Gloucester, and certain debts William Alexander, William Stuart, Bernard Hooe, Tho- due from shemas Lee, sen. and John M⭑Millian, for the county of riffs of GlouPrince-William, gentlemen, be and they are hereby constituted and appointed commissioners for the purpose of carrying this act into execution, as herein after shall be directed: And it shall be lawful for the said Mary Peyton, administratrix of Sir John Peyton, deceased, Thomas Dixon, and Elizabeth Dixon, the surviving executor and executrix of John Dixon, deceased, or either of them. Anne Fox administatrix of John Fox, or Elizabeth Whiting, administratrix of Peter Beverley Whiting deceased, to deliver up and put into the hands of the aforenamed commissioners, or any two of them, all and every slave and slaves which now remain in their respective possessions, and which have heretofore been taken into execution, either by executions at the suit of the Commonwealth upon their judgments aforementioned, or by executions at the suit of Sir John Peyton, or the said John Dixon, upon their or either of their judgments as aforeVOL. XIII.-S cester. |