CHAP. XLIII.

An act to regulate the pay of the militia heretofore called into service.

¡Chapter LXXXIII in

original.]

service, re

I. BE it enacted by the General Assembly, That the Pay of militi pay of the militia called into service prior to the first a, called into day of October, one thousand seven hundred and eigh-gulated, ty, who have marched into any other state, or have been embodied in this for the space of one month, shall be the same as that allowed and given by an act intituled, "An act to regulate and affix the pay of the militia heretofore called into service;" and the auditors shall adjust and settle the accounts of the militia so called into service, in like manner, and under the same restrictions and limitations as by the act to amend the act for regulating and disciplining the militia and for other purposes, is directed.

CHAP. XLIV.

An act to repeal so much of a former act as suspends the issuing of executions upon certain judgments until December, one thousand seven hundred and eighty-three.

[Chapter LXXXIV in original.]

[Chan. Rer. p. 165.]

See Nov. 1781, c. 22.

Repealing

I. BE it enacted by the General Assembly, That so much of an act passed at the last session of Assembly clause. intituled, "An act for directing the mode of adjusting and settling the payment of certain debts and contracts, and for other purposes," as suspends the issuing of execution on any judgment or judgments, for any sum or sums of money that have been or shall be obtained, until the first day of December, in the year of our Lord one thousand seven hundred and eighty-three, shall, from and after the first day of March next ensuing, he, and the same is hereby repealed.

British debts assigned.

Tobacco,

II. And be it further enacted, That no debt or demand whatsoever, originally due to a subject of GreatBritain, shall be recoverable in any court in this commonwealth, although the same may be transferred to a citizen of this state, or to any other person capable of maintaining such action, unless the assignment hath been or may be made for a valuable consideration, bona fide paid before the first day of May, in the year one thousand seven hundred and seventy-seven, the proof of which consideration and the time thereof, shall be on the plaintiff. Provided always, That when any hemp and execution shall be issued between the first day of March, flour may be one thousand seven hundred and eighty-three, and the tendered in first day of December, one thousand seven hundred execution. and eighty-three, upon a judgment for any sum of mo ney, and actually served, it shall and may be lawful for the person or persons against whom such execution shall issue, to discharge the same, with the costs of suit, in inspected crop tobacco, merchantable inspected hemp, or merchantable inspected flour, upon naviga At what tion. And the county courts shall settle every month price. the then current price of the several alternatives, as the same shall be upon navigation; and the judges of the general court shall do the same at their quarterly sessions. And every such execution may be discharged as aforesaid, according to the prices settled by the court from whence it issued, agreeable to the last preceding valuation before the service of such execution; and the sheriff or other officer receiving the alternatives aforesaid in discharge of any execution, may be proceeded against for the recovery of the same, in like manner as by law such sheriff or other officer might have been proceeded against upon the execution of any fieri facias Judgments for money. Provided also, That executions issued on future upon judgments to be obtained upon contracts or debts, entered into or made after the passing of this act, shall not be subject to be discharged in any of the alternatives above mentioned, if the same issued for any sum or sums of money. So much of the act intituled, " An Repeal as to act to amend an act intituled, An act for the better relawyers fees, see October gulating and collecting certain officers fees, and other 1778, ch. 14. purposes," as repeals part of the act for allowing the full fees to which the lawyers practising in the several courts of this commonwealth are entitled, shall be, and the same is hereby repealed.

Contracts excepted.

CHAP. XLV.

An act to amend the act for adjusting claims for property impressed or taken for public service.

I. WHEREAS by an act intituled, "An act for adjusting claims for property impressed or taken for public service," it is enacted, that no claims for horses or other property impressed or taken for public service shall be paid until the same shall be presented and allowed by some county court, and reported to the next or succeeding general assembly, in the manner by the same act directed: And whereas it would be unjust that sheriffs or other collectors who have received the receipts or certificates of commissioners appointed by the governor, with the advice of council, by virtue of an act intituled, "An act for procuring a supply of provisions and other necessaries for the use of the army,' for articles in the said act enumerated, purchased or taken by them, should not be entitled to pay the same at the treasury in discharge of the taxes for which they were received, or that the persons from whom such articles have been taken or purchased should be deprived of the advantages intended by the said last mentioned.

act.

W

[Ch.LXXXV in original.]

Preamble,

taxes, agree

at the trea

sury.

II. Be it therefore enacted, That all receipts or cer- Receipts or tificates of the said commissioners, or any of them, certificates which have been received by sheriffs or other collec- received by sheriffs for tors for taxes, agreeable to the directions of the said act, may be audited and paid at the treasury in dis- able to existcharge of the same. ing laws, to III. And whereas there has been many instances of be received sheriffs or collectors of taxes, who have made application to the board of auditors to obtain a settlement of their public accounts, and have offered to make payment for the same in money or certificates, agreeable ⚫ to the laws then in force, and the auditors, either from the multiplicity of public business or other causes to them seeming sufficient, having refused to admit such sheriffs or collectors to a settlement of such public accounts, and judgments hath passed against the said sheriffs or collectors for the amount of such taxes, with

Damages & interest remitted to

under exist

Sheriffs to

cates by

them receiv

interest and damages; and it is just and proper in those cases, to grant relief to the said sheriffs or collectors: IV. Be it therefore enacted, That in all cases where any sheriff or collector of taxes hath made application sheriffs who to the auditors, offering to make a settlement and payhad offered ment as aforesaid, and the auditors are convinced thereto settle at of, either from recollection of the circumstances, or the treasury, from satisfactory proof to them offered, they shall cering laws. tify the same to the solicitor general; and in all cases where they shall certify that the delay of such settle-, ment and payment hath not been owing to any default of such sheriffs or collectors, it shall and may be lawful for the solicitor general to remit the payment of the damages and interest on the sum offered for payment as aforesaid; and the sheriffs or collectors shall be entitled to his quietus, on discharging as herein after directed, the sum remaining a balance against him after such deduction; any thing in the said recited act notwithstanding. Every sheriff or collector shall render make oath as to the auditors, an account, on oath, containing a list to certifi- of certificates received by him in discharge of any tax, and in his account with the public shall be entitled to ed for taxes. a credit for the sum expressed therein, or in lieu thereof may pay in money the value of such certificates at the time of settlement, deducting his commissions for collection. Except always, that where any sheriff or collector hath paid the public the amount of his col-” lection, and shall produce to any court of claims a receipt for the same from the auditors of public accounts, or other persons legally authorized to receive such payment, or grant such receipt, such court of claims shall receive the certificates tendered to them by such sheriff or collector, although the same may amount to more than six per centum of the value of such collection, and shall make return thereof in the same manner as other certificates exhibited to them by other citizens of this state. Provided nevertheless, That the auditors or County courts in passing such certificates shall make the fullest enquiry by the oath of the sheriff or collector, or any other ways or means that the nature of the case will admit of, the time and manner of his obtaine ing the same, and at what rate of depreciation he procured money to discharge the public account in lieu of the said certificates, that just and reasonable satisfac sion only may be made by the public; or where any

certificate has been paid to a sheriff in discharge of taxes, who has availed himself of the great depreciation of money, in discharging his public account, and shall hereafter exhibit such certificate to the auditors or any county court, in his name or the name of any other person, in order to avoid such enquiry and fix unjust demands against the public, the auditors or courts shall in all instances make the like enquiry, and render justice to the public and individuals.

CHAP. XLVI.

[Chapter LXXXVI

An act for auditing certain public in original.]

claims.

1. WHEREAS by an act passed the last session of Preamble.. assembly, intituled, "An act for adjusting claims for property impressed or taken for public service," the several county courts within this commonwealth were directed to adjust the claims of all persons against the state; and to return their proceedings therein to the present assembly: And whereas from inspecting and examining many of the said claims as adjusted and allowed by the county courts, it hath been adjudged expedient to refer the final adjustment thereof to the auditors of public accounts:

II. Be it therefore enacted, That the auditors of pub- Auditors to lic accounts shall, and they are hereby directed and settle claims required to settle all the claims made by the several for property county courts, and make allowances thereupon, for impressed for public property impressed or taken for public use, agreeable services. to the following prices, that is to say: wheat at five shillings per bushel; flour fifteen shillings per hundred At what pri weight; seconds, ten shillings per hundred weight; corn, two shillings per bushel; oats, one shilling and six penca per bushel; fodder or hay, three shillings per hundred weight; pasturage for cattle or horses, four pence for twenty-four hours; waggon-hire, with a full team and driver and finding provisions and forage, fifteen shillings per day; waggon-hire, with a full team

ces.