CHAP. XLVI.

An act concerning awards.

(Passed the 17th of December, 1789.)

a rule of any

SECT. 1. BE it enacted by the General Assembly, That A submission it shall and may be lawful for all merchants, and tra- to arbitration ders, and others desiring to end any controversy, suit or may be made quarrel, for which there is no other remedy but by per- court of resonal action or suit in equity, by arbitration, to agree, cord; that their submission of the suit to the award or umpirage of any person or persons should be made a rule of any court of record which the parties shall chuse, and to insert such their agreement in their submission or the condition of the bond or promise, whereby they oblige themselves respectively to submit to the award or umpirage of any person or persons; which agreement being so made and inserted in their submission or promise or condition of their respective bonds, shall or may upon producing an affidavit thereof made by the witnesses thereunto, or any one of them in the court, of which the same is agreed to be made a rule, and reading and filing the said affidavit in court, be entered in the proceedings of such court, and a rule shall be made thereupon by the said court, that the parties shall submit to and finally be concluded by the arbitration or umpirage, which shall be made concerning them by the arbitration or umpire pursuant to such submission.

issued there

on;

SECT. 2. And the award made in pursuance of such Awards to be submission may be entered up as the judgment or decree entered as the judgment of of the court, and the same execution or process may is- such court; sue thereupon as on other judgments or decrees, and the and execution court shall not invalidate such award, arbitrament or umpirage unless it be made appear to such court, that such For what conaward, arbitrament or umpirage was procured by cor- duct of the ruption or other undue means, or that there was evident arbitrators or partiality or misbehaviour in the arbitrators or umpires umpire, such or any of them. And any award, arbitrament or um- set aside, pirage procured by corruption or other undue means, or where there shall have been such evident partiality or misbehaviour as aforesaid, shall be deemed and judged void and of none effect, and accordingly set aside by the court in which the submission shall be made, so as complaint of such corruption or undue means or evident partiality or misbehaviour as aforesaid be made before the

award may be

When com

made thereof;

plaint must be

Not to affect

end of the second court of quarter sessions in the case of a county court, or at the end of the second term of any other court next after such award, arbitrament or umpirage be made and returned to such court.

SECT. 3. Provided nevertheless, That nothing herein the power of contained shall be construed to take away from courts courts of equi- of equity their power over awards, arbitraments or um

ty over

awards.

pirages.

The duty of

in superintending the treasurer's,

auditor's and

ces,

CHAP. XLVII.

An act empowering the Executive to superintend and arrange the offices of Treasurer, Auditor and Solicitor.

(Passed the 17th of December, 1789.)

SECT. 1. BE it enacted by the General Assembly, That the executive, it shall be the duty of the executive, to superintend the several offices of the treasurer, auditor and solicitor, and to arrange the same from time to time, as to them shall seem necessary: For this purpose a committee consolicitor's offi- sisting of three members of the council, shall visit and examine the said offices once in every three months at Committee of, to visit and ex. least, or oftener, if it shall appear expedient, to the end amine them; that proper checks may be provided in the said public offices, or any of them, and they shall report to the governor, to be by him laid before the council, the state of the books and papers to the said offices belonging, and what changes or additions shall in their judgment be proper, for conducting the business.

Their instruc. tions to be pursued.

SECT. 2. All instructions given by the executive in pursuance of the powers hereby vested in them shall be executed, any law to the contrary notwithstanding.

CHAP. XLVIII.

An act to empower county courts in certain cases to qualify collectors of taxes.

(Passed the 18th of December, 1789.)

SECT. 1. WHEREAS by an act passed this present Preamble, General Assembly, intituled "An act authorising deputy sheriffs in case of the death of their high sheriffs to collect and distrain for arrearages of taxes," the power of collecting the arrears of taxes in any county on the death of the high sheriff, is confined to the deputies of such high sheriff only, and it hath become probable from an event which hath happened since the passing of the said act, that such taxes may remain uncollected unless provision be made for the same, in case of the death of the under sheriff's also, Be it enacted by the General Assembly, that it shall be lawful for the county courts County courts within this Commonwealth, to qualify any person or per- to appoint col sons for the purpose of completing the collection of taxes taxes, in case in any county where the sheriff and his deputy shall die of the death before such collection be completed, and the person or of the sheriff persons so appointed shall have the same power in all and his depurespects for collecting such arrears as the high sheriff Their execuwould have had. But the acting executors or adminis- tors, &c. to be trators of such high sheriff and deputy sheriff, if summoned, to any shew cause if such there be at the time of such appointment, shall be they can, summoned by order of the said court to shew cause, if against the any they can, against the person whom the said court persons nomishall nominate.

lectors of

ties;

nated;

Penalty on such collectors for neglect of duty;

SECT. 2. The person or persons so appointed shall in all respects be subject to the same penalties for any neglect of duty or failing to account for and pay to the person or persons authorised to receive the money by him or them so collected, and may be proceeded against Mode of proby such executors or administrators in the same manner ceeding as deputy sheriffs are liable to, and may be proceeded against them. against by their principals.

VOL. XIII.-I

Preamble.

CHAP. XLIX.

An act to amend the act, intituled "An act for surveying the lands given by law to the officers and soldiers on continental and state establishments, and for other purposes."

(Passed the 17th of December, 1789.)

WHEREAS it is represented, that the superintendants appointed by the deputations of officers under the act of Assembly, intituled "An act for surveying the lands given by law to the officers and soldiers on continental and state establishments, and for other purposes," have from their local situations been unable to perform the duties required of them by the said act, by reason whereof sundry locations have been made without the direction of the said superintendants, Be it therefore enactAdditional su- ed by the General Assembly, that it shall be lawful for perintendants the said deputations of officers to appoint so many addito be appoint- tional superintendants as they may judge necessary for Their power carrying the said recited act into effect; who, or any with respect three of them, shall have power, and they are hereby to certain lo- authorised to confirm and establish all or any of the locations, which were not made under the direction of the superintendants appointed. in virtue of the said recited act, unless they see cause to the contrary: Provided nevertheless, that the powers herein contained, shall not be construed to extend to the establishment of locations or surveys which have by mistake or otherwise been made on prior locations.

ed,

cations.

Preamble.

CHAP. L.

An act for further amending the act establishing a Supreme Court in the Kentuckey district.

(Passed the 19th of December, 1789.)

SECT. 1. WHEREAS by an act of Assembly passed in the year one thousand seven hundred and eighty-eight, intituled "An act for further amending an act intituled

settle with the

an act for establishing a district court on the western waters," the executive are authorised to appoint a receiver in the district of Kentuckey, with power to collect the taxes from the several clerks within the said district, and with certain other powers in the said act specified; And whereas, it is represented to this Assembly, that to further extend the powers of the said receiver would promote the collection of the taxes within the said district, Receiver of Be it therefore enacted, that the receiver shall be vested the taxes from with the joint power and authority which the public au- the clerks in ditor, and treasurer are now by law possessed of, for set- Kentuckey, to tling with the several sheriffs and collectors of the said sheriffs in that district, and giving receipts for all public monies for district, and which they are accountable by law, and also with the receive the public taxes. power of the solicitor to move the supreme court of the said district for judgment and execution against such of move for judgments them as shall be delinquent, either by failing to give against them, such bond or bonds as the law may require, or to ac- for failing to count for the money or otherwise. And the said court account, &c. shall have the same power to render judgment and to court authorSupreme issue executions thereon in all cases, where the receiver ised to give is or shall be authorised to move for the said judgment judgment that the general court have heretofore had. against them

on motion.

SECT. 2. To enable the said receiver to settle with Commissionthe sheriffs and collectors, the commissioners of the tax ers to send of the several counties within the said district are here- lists of taxaby directed respectively, each to return annually to the to the receiv ble property said receiver a general list of the taxable property with- er; in his district, in the same manner and under the same penalties as they are now by law directed to make such returns to the solicitor or auditor, to be moved against in case of failure by the receiver in the supreme court for the district, in like manner as the commissioners for the tax in the other part of this Commonwealth may be moved against by the solicitor.

services.

SECT. 3. The receiver shall be allowed for his ser- Allowance to vices under this act, the same compensation as is allowed him for his him for collecting the taxes from the several clerks, which shall be allowed in the certificates or money in proportion as he may receive.

The clerk of

SECT. 4. The same proportion of fees which is paya- the supreme ble by the clerks of the several county courts, shall be court to pay to hereafter paid by the clerk of the supreme court of the the public the said district, to be recovered and accounted for in like same propormanner as from the clerks of the several county courts within the said district.

tion of his fees as other clerks.