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which shall entitle the debtor to a credit therefor, either wholly or in part, and shall fail to pay the amount of such credit within one month after the return-day of such execution or other process, that then such sheriff or other officer so failing, shall forfeit and pay to the Commonwealth, double the damages and double the interest to which the debtor, against whom the said execution may have issued, was subject, to commence and accrue on the return-day of such execution, and to continue until payment be made into the treasury; and in all such cases where no damages are expressed, bụt interest only is required by the said execution from the debtor, that the sheriff or other officer failing to pay to the treasurer within one month after the return-day of such execution, shall forfeit and pay at and after the rate of twenty per centum per annum on the amount.
Sect. 4. And whereas, great inconvenience arises from sheriff's going out of office after the levying of an exe
cution and before the same be fully discharged, Be it In what cases therefore enacted, That upon all executions of fieri facias such execu already issued, or hereafter to be issued, and which have tions may be been or shall be levied but not discharged, whereby subdirected to former sheriffs sequent process are necessary to be issued, every such subaltho' out of sequent process may at the discretion of the solicitor, be office.
directed to such person, specially by name, as was high sheriff at the time of levying the former execution, who shall proceed in the execution of such subsequent process, until the debt be fully paid, notwithstanding such
person's time as sheriff of the county be expired. Penalty on de Sect. 5. And all and every deputy sheriff levying any puty sheriffs execution for or on behalf of the Commonwealth, shall the names of on failing to sign in addition to his own name, the name their princi- of the bigh sheriff under whom he acts, be subject to the pals in their same fine as is hereby inflicted for withholding an execureturns.
tion, to continue until such return be amended by the addition of the high sheriff's name, or the amount of such execution be actually paid, and in case of inability in any deputy sheriff to pay such fine, the same may be recovered of the high sheriff, which he may thereafter recover of such deputy by motion in the court of his county, on giving len days previous notice to the deputy
so failing Recovery of Sect. 6. And whereas doubts have arisen in cases of fines, &c. for fines and forfeitures incurred by neglect of certain duneglect of du- ties, whether a compliance with such neglected duties
after the period particularly assigned for performance ty not barred doth not bar a recovery of the fines; To remove which by compliance
after notice doubts, Be it therefore enacted, that no compliance with
given. such duties as are by this act prescribed after the respective periods assigned for performance, and notice given of an intended motion as herein after is mentioned, shall bar a recovery of the fines and forfeitures.
Sect. 7. And whereas a practice hath been lately adopted by sundry persons indebted to this Commonwealth of making conveyances of their property, and others have procured executions for private debts to be levied on all their estates, for the purpose of defeating the operation of executions issued on behalf of the public, to the manifest prejudice of the public revenue, To remedy which, Be it also enacted, that in all cases of Duty of the fieri facias not levied by reason, that the effects in a
ing executions public debtor's possession cannot be taken in conse
on property quence of any previous bona fide execution, mortgage, incumbered deed of trust, or any other conveyance or incumbrance by executions, whatsoever, the sheriff holding such execution shall set mortgages, forth in his return fully and explicitly the nature of the conveyance or incumbrance under which claim is set up, and in what court the same be recorded, and if by virtue of executions the name of the persons at whose instance such executions issued, the amount of each, and from what court they were issued, in order that the solicitor may institute such proceedings as the attorney of the attor. general may direct against all persons concerned, in orney general der to have their claims or demands fully ascertained; relative thereand all courts wherein such proceedings shall or may be to; instituted, are hereby authorised to give the preference in hearing all such cases before others of any kind or nature soever, and to quicken the same by such rules as to them shall seem expedient.
Sect. 8. If any person shall attempt to stop, inter. Penalty on rupt or injure the sale of the estate of any public debtor any person taken by virtue of an execution, by any fraudulent exe- preventing
the sale of the cution, conveyance or incumbrance whatsoever, he shall
property of a forfeit to the Commonwealth the sum of one hundred public debtor; pounds.
Sect. 9. And be it further enacted, That all fines and Fines and for. forfeitures inflicted by this act shall be recovered by the feitures, how solicitor on behalf of the Commonwealth, by motion in to be recoverthe general court with costs, on giving ten days previous notice; Provided always, that upon a prosecution insti
tuted for any fine or forfeiture inflicted by this act, a jury shall be impannelled to try the facts if it shall be desir
ed by the party prosecuted. May be remit Sect. io. The defendant or parties, against whom ted by the ex- judgment may have been obtained for any such fine or ecutive.
forfeiture, may on application to the governor and council, obtain a remittance either wholly or in part, as to the governor with the advice of council may seem reasonable and proper.
Sect. 11. And whereas considerable arrearages of taxes still remain unpaid under the laws of revenue heretofore passed, and it is found that the collections thereof have been much impeded by the obligation imposed by several of the said laws upon the sheriffs and
collectors, to make return on oath of the particular artiCertain oaths cles by them received in their several collections; Be it required to be therefore enacted, that all and every part and parts of lic collectors any of the laws of revenue heretofore passed, as requires dispensed the sheriffs and collectors to make returns upon oath of with;
the particular articles by them received in their collections, so far as the same may respect the collections hereafter to be made, or payments to be made by the executors or administrators of any deceased sheriff or collector, shall be and are hereby repealed; and the several sheriffs and collectors of the said taxes now remaining uncollected, upon paying the same into the treasury in specie or facilities in such proportions as they are de
clared receivable by law, shall have credit therefor. The executive Sect. 12. And be it further enacted, That the execuauthorised to tive shall and are hereby authorised upon application to remit the da.
them made and for good cause shown, to remit all damages on certain balances mages accruing, or which may hereafter accrue on the due from the several balances due from the respective sheriffs and colsheriffs.
lectors of the public taxes in this Commonwealth, prior to the first day of November one thousand seven hundred and eighty-nine, upon the payment thereof into the public treasury, on or before the first day of May next, and the said sheriffs and collectors are hereby authorised to discharge their respective balances in the same manner as they could have paid the same by the laws under which they were collected. Provided, that it shall not be lawful for the executive to remit any damages arising on any of the balances aforesaid, which shall not be dis, charged by the said first day of May next.
An act to prevent the burning of land war
rants on which grants have issued, and for other purposes.
(Passed the 18th of December, 1789.) Sect. 1. BE it enacted by the General Assembly, That Land war upon the future examination of the land-office, no origi- rants, to be nal warrant shall be burnt or otherwise destroyed, but be preserved
and regularly filed in the land-office with the title papers. land office;
Sect. 2. And be it further enacted, That no original Original plats, plait and certificate of survey, once received and carried &c. of sur. shall thereafter be delivered out of the land
preserved, office, but shall remain amongst the other evidences of amongst other the title,
evidences of the title.
veys, to be
An act for appropriating a farther sum of mo
ney for building the Capitol.
(Passed the 19th of December, 1789.) Sect. 1. BE it enacted by the General Assembly, That Sum of money out of the monies to be collected for the taxes which be- appropriated
for building came due on the first of November one thousand seven the Capitol, hundred and eighty eight, and also from any surplusage that may arise from the duties on tobacco exported, the sum of four thousand pounds shall be appropriated and applied to the purpose of building a pediment roof on the capitol, to be covered with lead; to the paving the portico and general court room, and such other parts of the capitol, as the directors of the public buildings shall deem most necessary to be immediately done.
Sect. 2. The auditor of public accounts shall, upon orders from the executive, issue his warrants to the directors of the public buildings, for the said sum of money, as the same shall become necessary. Sect. 3. In case the funds for the payment of the If the fund
should not be said sum of money should not be sufficiently productive
productive in in time, the deficiency sball and may (at the discretion time, to be of the executive) be borrowed from other funds. borrowed
ther importation of slaves.
(Passed the 17th of December, 1789.) Preamble.
Sect. 1. WHEREAS it hath been represented to the present General Assembly, that many persons who have migrated into this state, and have become citizens of this Commonwealth, have failed to take the oath within the time prescribed by the act, intituled “An act for preventing the farther importation of slaves," and that such failure proceeded from their being strangers to the laws of this state, at the time of such removal, and it is reasonable, that they sbould be exonerated from the pecu
niary penalties, to which they are liable in consequence When persons of such failure: Be it therefore enacted by the General Asheretofore mi- sembly, that all persons who have so removed into this grating to this
take the oath aforesaid, on or before the first wealth with day of June, in the year of our Lord one thousand seven slaves, may
hundred and ninety, and the taking thereof shall be as take the ne. effectual to exonerale them from the pecuniary penalties cessary oaths;
of the said recited act, as if it had been taken within ten days after the removal of every such person as aforesaid into this state, and that the time in future be ex
tended to sixty days: Certificate of Sect. 2. And for perpetuating the certificates of such the taking oath, Be it further enacted, That where any person hath such oaths to taken or shall hereafter take the oath prescribed by the be recorded. said recited act, that the certificate thereof may be lodg.
ed with the clerk of the court of the county where such
person resides, who shall enter the same of record, and Copy thereof if required, grant a copy thereof, which shall be as valid as effectual, as and effectual as the original thereof; any law to the conthe original. trary notwithstanding.