In what cases

such execu

tions may be

directed to

former sheriffs altho' out of

office.

Penalty on deputy sheriffs failing to add the names of their principals in their returns.

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, but 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 sheriffs going out of office after the levying of an execution and before the same be fully discharged, Be it therefore enacted, That upon all executions of fieri facias already issued, or hereafter to be issued, and which have been or shall be levied but not discharged, whereby subsequent process are necessary to be issued, every such subsequent process may at the discretion of the solicitor, be 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.

SECT. 5. And all and every deputy sheriff levying any execution for or on behalf of the Commonwealth, shall on failing to sign in addition to his own name, the name of the high sheriff under whom he acts, be subject to the same fine as is hereby inflicted for withholding an execution, 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 ten 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 notice

after the period particularly assigned for performance ty not barred doth not bar a recovery of the fines; To remove which by compliance 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.

&c.

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 sheriffs levying 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 a 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 attorgeneral may direct against all persons concerned, in or- ney 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.

and solicitor

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 cution, conveyance or incumbrance whatsoever, he shall the sale of the 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 forforfeitures 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

ed;

May be remit

ecutive.

tuted for any fine or forfeiture inflicted by this act, a jury shall be impannelled to try the facts if it shall be desired by the party prosecuted.

SECT. 10. The defendant or parties, against whom ted by the ex- judgment may have been obtained for any such fine or 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 taken by public collectors any of the laws of revenue heretofore passed, as requires the sheriffs and collectors to make returns upon oath of 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 declared receivable by law, shall have credit therefor.

dispensed with;

The executive

remit the damages on cer

tain balances due from the

sheriffs.

SECT. 12. And be it further enacted, That the execuauthorised to tive shall and are hereby authorised upon application to them made and for good cause shown, to remit all damages accruing, or which may hereafter accrue on the several balances due from the respective sheriffs and collectors 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 discharged by the said first day of May next.

CHAP. XLIII.

An act to prevent the burning of land warrants on which grants have issued, and for other purposes.

(Passed the 18th of December, 1789.)

preserved and

SECT. 1. BE it enacted by the General Assembly, That Land warupon the future examination of the land-office, no origi- rants, to be nal warrant shall be burnt or otherwise destroyed, but be filed in the regularly filed in the land-office with the title papers. land office; SECT. 2. And be it further enacted, That no original Original plats, platt and certificate of survey, once received and carried &c. of surinto grant, shall thereafter be delivered out of the landoffice, but shall remain amongst the other evidences of amongst other the title.

veys, to be preserved,

evidences of the title.

CHAP. XLIV.

An act for appropriating a farther sum of money 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 came due on the first of November one thousand seven the Capitol, for building 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 said sum of money should not be sufficiently productive in time, the deficiency shall and may (at the discretion of the executive) be borrowed from other funds.

If the fund

should not be time, to be productive in

borrowed from others.

62

Preamble.

CHAP. XLV.

An act to amend the act for preventing the farther importation of slaves.

(Passed the 17th of December, 1789.)

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 should be exonerated from the pecuniary 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 state may take the oath aforesaid, on or before the first wealth with day of June, in the year of our Lord one thousand seven hundred and ninety, and the taking thereof shall be as take the ne- effectual to exonerate 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 extended to sixty days:

common

slaves, may

Certificate of the taking such oaths to

be recorded.

SECT. 2. And for perpetuating the certificates of such oath, Be it further enacted, That where any person hath taken or shall hereafter take the oath prescribed by the said recited act, that the certificate thereof may be lodged 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.