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court.

by the sheriffs or collecters from the persons chargea. ceivable af.

for the enurt 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 last session, for payment into the public treasury by to time she the sheriffs, will not in many of the counties give the she- riffs to ac riffs opportunity to make the collections compleat, and for addition it is not necessary that the judges of the general court al sessions of shðuld bóld an additional sessions for rendering judga general ments against delinquent sheriffs : Be it enacted, That 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of the general court to hold an addional sessions on the second Monday in February, shall be, and the same is hereby repealed.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 of March

the first before the first day of March next; and in case any next. sheriff 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 same.

IX. And be it further enacted, That none of the ar: Commuta ticles made commutable by this act, shall be received bles not res

ter that day. ble with t

taxes, after the first day of March next, And that it shall be at the option of the treasurer to receive Tressurer the same or any part thereof (flour excepted, which he may

receive is hereby directed pot to receive) from the sheriffs or them or not

after 1st of collectors afier the first day of April next., ***** April.

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ilow notice X. And to explain what shall be legal notice, Be it marobsheike enacted, That in all cases of delinquency by the sheriffs and riffs or collectors of the public revenue, when a motion proved. is intended to be made against them, affidavit before

any justice of the peace within this commonwealth, that notice of such intended motion shall have been made, either by delivery thereof to the party, or in case he shall not be found at his usual place of abode,

by leaving the same thereat for him, ten days before Po such motion is made, shall be held, deemed, and taken Distress for

as sufficient and legal notice. taxes sus

XI. And be it further enacted, That the distress for pended. the money and commutables, hereby made receivable

in payment of taxes, shall be suspended until the first day of January next, any law to the contrary notwithstanding. And that after the said first day of January, distress may be made by the respective sheriffs and collectors within this commonwealth, in the manner die rected by the act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act.”.

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CHAP. JI. (Chapter CLXXXIX in original.) An act to amend the several acts of hace 2 october assembly concerning the appoint1782, h. 9.

ment of sheriffs. May 1783, ch. 32.

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 may

courts are directed to proceed to the nomination of yet nomi.

sheriffs within cerlain 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

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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 Irregularneof any county hath already recommended persons minations to 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 sherift for the said county. III. And whereas it sometimes happens that sheriffs

If sheriffs

fail to give neglect or fail to give security for the collection of the security for 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 wliere any sheriff now in com appointed. mission, hath failed to give security for the collection of the taxes, or where any sheriff hereafter commissioned, 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 When courts every county shall hereafter, in the month of June or are to recome

mend. July annually, nominate two persons named in the commission of the peace for their county, one of whom shall be commissioned by the governor, to execute the office of sheriff, any law to the contrary notwithstand

[Chapter"

CXČ in orige inal]

p. 210.

tion of his owner, hath enlisted in any regiinent or

Deputy she V. And be it further enacted, That no deputy she riffs ineligi, riff shall be eligible to either house of assembly, until bly for two he has been two years out of office, and has made up years after his collections of the public, taxes, and paid into the their quie. treasury'all arrearages, and has obtained a quietus for the same

CHAP. III. An act directing the emancipation of Chan. Rer.

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 prePreamble reciting that sent general assembly, that during the course of the many slaves, war, many persons in this state had caused their slaves during the

to enlist in certain regiments or corps raised within tlie 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 in dered as free such regiments or corps, at the same time representing

to 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.

II. And whereas it appears just and reasonable that All slaves so all persons enlisted as afosesaid, who have faithfully appointment served agreeable to the terms of their enlistment, and of their maso bave thereby of course contributed towards the estab= ters, and ser. Jishment of American liberty and independence, should ters, eman. enjoy the blessings of freedom as a reward for their cipated.

toils and labours; Be it therefore enneted, That each and every slave, who by the appointment and direccorps raised within this state, either on continental or state establishment, and hath been received as a sub

was, were

men.

assembly OCTOBER 1783—8th or COMMONWEALTH. 309 stitute for any free person whose duty or lot it was to serve in such regiment or corps, and hath served faithfully during the term of such enlistment, or hath been discharged from such service by some officer duly aue in thorized to grant such discharge, shall from and after the passing of this act; be fully and compleally emancipated, and shall be held and deemed free in as full and ample a manuier as it 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 in forma persons above described who shall after the passing of ecovei dathis act be detained in servitude by any person whatso- mages, if deever; and it upon such prosecution it shall appear that tanned in the pauper is entitled to his freedom in consequence of slavery. this act, a jury shall be empannelled to assess the dam{ ages for his detention.

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 namber of years in the public service at the and merito

rious servi. lead mines, and for his geritorious 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

free, declared free in as full and ample a manber as if he had been born free. CHAP. IV.

(Chapter CXCI in ori

ginal.[ An act for surveying the lands given

by law to the officers and soldiers luchan Rev. on continental and state establishments, and for other purposes. 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.

That it shall and may be lawful for the de- ants and sure pulations of officers, consisting of major general Pe veyors, for ter Muglenburg, major-general Charles Scott, major- surveying

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