[Chapter CCXVIII in

original.]

Chan, Rev. pa. 218.

Provision for

CHAP. XXXI.

An act to provide certain and adequate funds for the payment of this state's quota of the debts contracted by the United States.

1. WHEREAS the United States in congress assempaying this bled, did, by their act of the eighteenth day of April in states quota the present year, recommend to the several states as inof debts con- dispensibly necessary to the restoration of public credtracted by United States. it, and to the punctual and honorable discharge of the public debts, to invest the United States in congress assembled, with a power to levy for the use of the United States, certain duties upon goods imported into the said states from any foreign port, island, or plantation, as therein enumerated, and upon all other goods, a duty of five per centum ad valorem, at the time and place of importation, subject to such limitations and restrictions as in the said act are particularly mentioned.

empowered to levy a du

lations for

H. And whereas the raising a general revenue Congress throughout the United States by duties imposed on commoditie imported, and appropriated to the dis ty on goods charge of the principal and interest of the public debts, imported & may contribute to lighten the burthen of taxes on real make regn- and personal property, and thereby prove a great ease and relief to the people; Be it enacted, That the United collecting it. States in congress assembled, shall be, and they are hereby vested with full power and authority, to levy for the use of the United States, upon goods imported into this state from any foreign port, island, or planta tion, the following duties, to be collected under such regulations as the United States in congress assembled shall direct, to wit: Upon all rum of Jamaica proof, Daty on par- per gallon, four ninetieths of a dollar; upon all other spirituous liquors, three ninetieths of a dollar; upón Madeira wine, twelve ninetieths of a dollar; upon all other wines, six ninetieths of a dollar; upon common Boliea tea, per pound, six ninetieths of a dollar; upon all other teas, twenty-four ninetieths of a dollar; upon pepper per pound, three ninetieths of a dollar; upon brown sugar, per pound, half a ninetieth of a dolları apon loaf sugar, two ninetieths of a dollar; upon all other sugars, one ninetieth of a dollar; upon molasses,

ticular arti

5 per cent. ad valorem on all other goods.

Appropriatinuance of duties.

tion and con

To be annu

ed for.

per gallon, one ninetieth of a dollar; upon cocoa and coffee, per pound, one ninetieth of a dollar; and upon all other goods, a duty of five per centum ad valorem, at the time and place of importation. Provided, that the said duties shall be applied to the discharging the interest and principal of the debts contracted on the faith of the United States for supporting the late war, and on no account diverted to any other use or purpose, nor to be continued for a longer term than twen ty-five years. And provided also, that an account of the proceeds and application of the said duties, be wade out and transmitted annually to the several states distinguishing the proceeds of the several articles, and ally account. the amount of the whole revenue received from each state. together with the allowances made to the several officers employed in the collection of the said revenue. II. And be it further enacted, That the governor of this commonwealth, for the time being, with the ad- Governor & vice of the council, shall be, and he is hereby authori- appoint colzed and empowered in the first instance, and as there lectors, reshall be occasion, from time to time to appoint the col- movable by lectors of the duties aforesaid, which collectors so ap- congress. pointed, shall be amenable to, and removable by, the United States in congress assembled, alone; and in case the governor, as aforesaid, shall fail to make such appointment, within one month after notice given to him by congress for that purpose, the appointments may then be made by the United States in congress assembled; provided such appointment be made to a citizen of this state.

pass

council to

Commence.

tinuance of

IV. And be it further enacted, That this act shall ment & con. commence and be in force, so soon as each and every the act. of the other states in the union shall laws conformable to the act of congress herein before recited, and official communication thereof be made by the United States in congress assembled, to the governorof this commonwealth, who, on receipt thereof, shall promulgate the same by proclamation, which he is hereby authorized and directed to issue, and thereupon the re spective grants of the states shall be considered and deemed bythis state as forming amutual compact among all the states, and be irrevocable by any one or more of them without the concurrence of the whole, or a majority of the United States in congress assembled

swer a suit

out of the state

Other regu

lations.

Provided always, that nothing herein contained shall give the United States in congress assembled, a power to direct any regulations for collecting the aforesaid Collectors duties, which shall extend so far as to subject any pernot to be carson or persons committing a breach of this act within ried for triat this or compelcommonwealth, to be carried out of the same for led to antrial, or to compel him to answer any action out of the state, or to deprive him of a trial according to the constitution and laws of this commonwealth, or to convict him criminally, without a trial by jury, or his own voluntary confession in open court, or to impose excessive fines, or to break open any dwelling-house, store, or ware-house, at any other time than the day time, between the rising and sitting of the sun, nor then, without a warrant from a lawful magistrate, and issued Trials upon upon the oath of the party requesting the same. And seizures also provided, that the trial on all seizures arising within the court in this commonwealth, under this act, shall be before of admiralty the court of admiralty of this state, and from the judgand appeals ment of the said court, either party shall be allowed an of appeais appeal to the court of appeals of this state, before whom Limitation a trial shall in all cases be final; and that in no case the forfeiture shall exceed the goods seized and the vessel in which the said goods may be imported.

here, to be,

to the court

of forfei

tures.

[Chapter CCXIX in original]

[Chan Rev. p. 219.1

Preamble.

ed.

CHAP. XXXII.

An act for reducing the several acts of assembly concerning surveyors, into one act, and for paying clerks and other officers fees.

1. FOR reducing the several acts of assembly concerning surveyors into one act, and for defining as well Surveyors, their duties as for establishing and regulating their fees how appoint in future, Be it enacted, That every person who shall hereafter desire to become a surveyor, shall be nominated by the court of his county, examined & certified able by the president and professors of William and Mary College, and if of good character, commissioned by the

office.

court.

governor, with a reservation in such commission to the said professors, for the use of the college, of one sixth part of the legal fees that shall be received by such sur veyor, for the yearly payment of which he shall give To give bond with sufficient security to the president and mas- bond to the ters of the said college; he shall hold his office during college. good behaviour; and before he shall be capable of en-Tenure of tering upon the execution of his office, shall, before the To be sworn court of the same county, take an oath and give bond and give with two sufficient sureties to the governor and his suc-bond in cessors, in such sum as he with advice of his council, shall have directed, for the faithful execution of his office. All deputy surveyors shall be recommended by How deputheir principals to the court of the county of which such ties shall be principal may be surveyor; the court shall thereupon appointed. appoint and direct one or more fit persons to examine into the capacity, ability, and fitness of the person or persons so recommended, and upon a certificate of such examination and report of the capacity, ability, and fitness of the person or persons so recommended, the said court is hereby empowered and directed to ap point him or them to act as deputy or deputies, for whose conduct in every respect touching his office, the principal surveyor shall be answerable; and all depu- Their pow ties so appointed, shall have power and authority to pensation. act and do in all things and to every intent and pur pose, as the principal surveyor, except in eases otherwise provided by this act, and shall thereupon be entitled to one half the fees received for services performed by them respectively, after deducting the propor tion thereof due to the college. If any principal sur veyor shall fail to nominate a sufficient number of deputies to perform the services of his office in due time, the court of the county shall direct what number he shall nominate, and in case of failure shall nominate for him. And if any deputy surveyor, or any other on his behalf and with his privity, shall pay or agree giving prio Penalty for to pay any greater part of the profits of his office, sum cipal, more, of money in gross, or other valuable consideration, to his principal for his recommendation or interest in procuring the deputation, such deputy and principal shall be thereby rendered forever incapable of serving Land ware in such office. Every person having a land warrant, ran's to be and being desirous of locating the same on any parti-lodged with cular waste and unappropriated lands, shall lodge such surveyor. principal VOD. Xh

U 2

er and com

be

made and

where dif

ferent applications to

locate the same land

Notice of

time of surveying to persons out of the coun

ty.

he

warrant with the chief surveyor of the county wherein the said lands or the greater part of them lie, who shall Locations to give a receipt for it if required. The party shall di me precisely rect the location thereof so specially and precisely as entered in a that others may be enabled with certainty to locate book. other warrants on the adjacent residuum; which loca tion shall bear date the day on which it shall be made, and shall be entered by the surveyor in a book to be kept for that purpose, in which there shall be left no blank leaves or spaces between the different entries, Preference And if several persons shall apply with their warrants at the office of any surveyor at the same time, to make entries, they shall be preferred according to the priori ty of the dates of their warrants, but if such warrants be dated on the same day, the surveyor shall settle the right of priority between such persons by lot. And every surveyor shall, at the time of making entries for persons not being inhabitants of his county, appoint a time for surveying their land, and give notice thereof in writing to the persons making the same; a and if on such application at his office, the surveyor shall refuse to enter such location, under pretence of a prior entry. for the same lands made by some other persons, shall have a right to demand of the said surveyor a view of the original of such prior entry in his book, and also an attested copy of it. Any chief surveyor having a warrant for lands, and desirous to locate the same within his own county, shall enter such location with the clerk of the county, who shall return the same. to his next court, to be there recorded; and the said surveyor shall proceed to have the survey made as soon as may be, or within six months at farthest, by some one of his deputies, or if he hath no deputy, then by any surveyor or deputy surveyor of an adjacent county, and in case of failure his entry shall be void, and the land liable to the entry of any other perWhen and son. Every chief surveyor shall proceed with all how surveys practicable dispatch to survey all lands entered for in lands are to his office, and shall, if the party live within his county, either give him personal notice of the time at which he will attend to make such survey, or shall publish such notice by fixing an advertisement thereof on the door of the court-house of the county, on two several court days; which time, so appointed, shall be at least one month after personal notice given, or after

How a sur. veyor may

locate his

own warrants.

of located

De made.

Notice...