for the court of the county in which such hemp shall have been stored, and they are hereby required, upon motion to them, reasonable notice having been given, to give judgment and award execution for the amount thereof, together with costs, and the charges necessarily expended by the person demanding the said hemp; and the sheriff shall levy and account for the same as by law in other cases of execution is directed. VII. And whereas the time fixed by the act of the Repeal as last session, for payment into the public treasury by to time she the sheriffs, will not in many of the counties give the she-count, and sheriffs ac riffs opportunity to make the collections compleat, and for additionit is not necessary that the judges of the general court al sessions of should hold an additional sessions for rendering judg- general ments against delinquent sheriffs: Be it enacted, That court. so much of the said act as compels the respective sheriffs to account for, and pay into the public treasury, the amount of their several collections, on or before the twentieth day of January next, and the judges of the general court to hold an addional sessions on the second Monday in February, shall be, and the same is hereby repealed. VIII. And be it further enacted, That the respect- Sheriffs to ive sheriffs shall account for and pay the amount of account and their several collections into the public treasury, on or pay the first before the first day of March next; and in case any next. sheriff or collector shall fail to account for, as by law is directed, and pay into the public treasury by the said first day of March, the money, or other articles in lieu thereof, by him received for taxes, every such delinquent sheriff or collector shall be liable to a judgment against him, on motion, with damages and interest, as by the former act directed, at the general court in April next, or any succeeding court; provided the party shall have had legal notice of the IX. And be it further enacted, That none of the ar ticles made commutable by this act, shall be received by the sheriffs or collecters from the persons chargea ble with taxes, after the first day of March next. And that it shall be at the option of the treasurer to receive the same or any part thereof (flour excepted, which he is hereby directed not to receive) from the sheriffs or collectors after the first day of April next. 102 [Chapter CLXXXIX in original. An act to amend the several acts of Chan Rev. pa. 209. See October 1782, ch. 9, assembly concerning the appointment of sheriffs. 1. WHEREAS by two acts of assembly, one intituled "An act concerning the appointment of sheriffs," and the other "An act to amend an act intituled an act concerning the appointment of sheriffs," the county courts are directed to proceed to the nomination of Courts may sheriffs within certain limited periods. And whereas nate sheriffs, several county courts have not made such nomination where they according to the said recited acts: For remedy wherehave failed of, Be it enacted, That in all cases wherein the county courts have failed to make such nomination within the periods prescribed by the said recited acts, the said yet homi county courts shall and may, and they are hereby empowered, to proceed to a nomination of two persons proper to fill the office of sheriff within their county, at any session of their court subsequent to the periods mentioned in the said recited acts; and one of the persons so to be nominated shall be commissioned by the governor, in the same manner as if the nomination had been made according to the directions of the said recited acts. II. And be it further enacted, That where the court Irregularnoof any county hath already recommended persons to lations as proper to fill the office of sheriff, not within the be regarded. periods prescribed by the said recited act, the governor is hereby empowered to commission one of the persons so recommended to act as sheriff for the said County. Ill. And whereas it sometimes happens that sheriffs If sheriffs neglect or fail to give security for the collection of the security for fail to give taxes, yet are willing to enjoy the other emoluments taxes, a new and profits of the office attended with less risk: Be it sheriff to be therefore enacted, That where any sheriff now in com- appointed. mission, hath failed to give security for the collection of the taxes, ed, shall or where any sheriff hereafter commission ed, shall fail to give such security at the next court to be held for his county, the clerk of every county court respectively, where any such failure shall happen, shall certify the same to the governor, who is hereby authorized and required to issue a commission for the next. person nominated by the court, which to all intents and purposes shall supersede and annul the former commission. And if the second person so commissioned, shall also neglect or refuse to give security as aforesaid for the collection of the taxes, the governor with advice of council, is hereby authorized to commission any other justice of the peace for the said county, who shall be nominated by the court thereof. IV. And be it further enacted, That the court of Whencourts every county shall hereafter, in the month of June When courts or July annually, nominate two persons named in the ble to assem Deputy she. V. And be it further enacted, That no deputy she riffs inelig riff shall be eligible to either house of assembly, until he has been two years out of office, and has made up his collections of the public taxes, and paid into the treasury all arrearages, and has obtained a quietus for bly for two years after tus. [Chapter CXC in orig. inal 1 Chan. Rev. p. 210. Preamble way, were being ten CHAP. III. An act directing the emancipation of certain slaves who have served as soldiers in this state, and for the emancipation of the slave Aberdeen. 1. WHEREAS it hath been represented to the prereciting that sent general assembly, that during the course of the many slaves, war, war, many persons in this state had caused their slaves during the to enlist in certain regiments or corps raised within the enlisted into same, having tendered such slaves to the officers apthe army, as pointed to recruit forces within the state, as substitutes substitutes, for free persons, whose lot or duty it was to serve dered as free such regiments or corps, at the same time representing such recruiting officers that the slaves so enlisted by their direction and concurrence were freemen; and it appearing further to this assembly, that on the expiration of the term of enlistment of such slaves that the former owners have attempted again to force them to return to a state of servitude, contrary to the principles of justice, and to their own solemn promise. men. II. And whereas it All slaves so all persons enlisted as ears just and reasonable that enlisted, by of their mas afosesaid, who have faithfully appointment served agreeable to the terms of their enlistment, and bave thereby of course contributed towards the estabters, and ser- lishment of American liberty and independence, should ving their enjoy the blessings of freedom as a reward for their toils and labours; Be it therefore enacted, That each and every slave, who by the appointment and direction of his owner, hath enlisted in any regiment or corps raised within this state, either on continental or state establishment, and hath been received as a sub term, emancipated. for any fr person whose duty or lot it was to e in such regiment or corps, and hath served faithduring the term of such enlistment, or hath been discharged from such service by some officer duly au- pra due thorized to grant such discharge, shall from and after the passing of this act, be fully and compleatly emancipated, and shall be held and deemed free in as full and ample a manuer as if each and every of them were specially named in this act; and the attorney-general for the commonwealth, is hereby required to commence And may sue an action, in forma pauperis, in behalf of any of the informa pauperis and persons above described who shall after the passing of ecove dathis act be detained in servitude by any person whatso- mages, if deever; and if upon such prosecution it shall appear that tamed in slavery. the pauper is entitled to his freedom in consequence of this act, a jury shall be empannelled to assess the damages for his detention. rious servi III. And whereas it has been represented to this gen- Aberdeen, eral assembly, that Aberdeen, a negro man slave, hath for his long laboured a number of years in the public service at the and meritolead mines, and for his meritorious services is entitled ces, at the to freedom; Be it therefore enacted, That the said slave lead mines, Aberdeen shall be, and he is hereby emancipated and declared declared free in as full and ample a manner as if he had been born free.. free, CHAP. IV. [Chapter 23 CXCI in ori ginal.[ P. 210.1 An act for surveying the lands given by law to the officers and soldiers Chan. Rev. on continental and state establishments, and for other purposes. choose su I. FOR the better locating and surveying the lands Deputation given by law to the officers and soldiers on continental of officers to and state establishments; Be it enacted by the general perintend assembly, That it shall and may be lawful for the de- ants and sur. putations of officers, consisting of major general Pe- veyors, for locating and ter Muglenburg, major-general Charles Scott, major- surveying |