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Forms and marks of

treasurer's

and mode of

assigning them.

cord, from time to time, by the clerks of the said court, and every such estimate respectively, shall be held, deemed, and taken as the true and only standard and measure thereafter to fix as well the value of the money to be borrowed under this act, as of the interest accruing or principal be paid between that and the next succeeding estimate. The treasurer for the time being, shall make out and deliver to every lender of money upon this fund, one or more indented certificertificates; cates, signed by him, and countersigned by some one of the auditors of publick accounts, or of their clerks, to be appointed for this special purpose, in the left hand corner thereof, and entered in their office to the debit of the treasurer, expressing the sum so borrowed, the rate of interest, payable annually therefor, and day of payment; and also the last estimate of money compared with tobacco agreeable to the directions of this act; and every such creditor shall be entitled to demand and receive so much money for interest, upon the money lent, as will purchase the same quantity of tobacco, at the time such interest shall become due, that the nominal sum then due for interest on the principal borrowed would have purchased at the time the money was lent, to be fixed by the certificate in the former, and by the estimate of the grand jury as aforesaid, for that period of time in which such interest shall become due, in the latter instance. In the payment of all sums to any creditor for principal money borrowed, the same rule, standard, and only measure shall be observed between the state and the creditor as is above directed for the payment of interest. All certificates to be issued for money borrowed by virtue of this act, shall be made payable to the lender, his executors and administrators; but such lender, or his executors or administrators, may by writing under his, her, or their hand and seal, and attested by two magistrates of this commonwealth, or of any other of the United States, or by any officer of publick notoriety, in any other country, assign and transfer any such certificate; and an assignment made agreeable to the directions of this act shall entitle every such assigner, his executors and administrators; and every subsequent assignee of any assignee, and the executors and administrators of every such assignee, to receive at the

treasury the interest and principal money due on every such certificate, in the same manner, and at such time, as the lender would have been entitled to receive the same by virtue of this act.

ishable with

III. Every person who shall counterfeit, alter, or Counterfeit. erase, any certificate to be issued by virtue of this act, ing certifior shall demand payment of any money on any such cates, puncertificate, knowing the same to be counterfeited, al- death. tered, or erased, or shall be aiding, assisting, or abetting, in such forging or counterfeiting, altering, or erasing, shall be deemed and judged guilty of felony, and on being thereof legally convicted, shall suffer death without benefit of clergy. And that the lenders of money, upon the faith of this act, may have the fullest assurance of receiving the interest and principal of their respective debts, on the terms of this act, and at the appointed times; Be it further enacted, and it is Deficiency, hereby declared, that the general assembly will make if any, to be good all deficiencies which may happen in this fund, made good, by either increasing the present tax, or substituting and how. some other in aid thereof, that the publick faith hereby pledged may be preserved inviolate. The remaining three eighths of the amount of all the taxes to be tion of the Appropria collected by virtue of this act, shall be reserved for the other three purpose of purchasing military stores, clothing, and eighths. other necessaries for the use of the army and navy, as the executive of this state may from time to time direct, but subject to the future direction and controul of the general assembly. The clerk of the general court, when any new estimate shall be made of tobacco agreeable to the directions of this act, shall cause an attested copy thereof to be published for two months successively, in each of the gazettes of this state, and the treasurer moreover immediately after every June court, shall cause a copy of the last estimate so as aforesaid to be made, to be transmitted forthwith to every sheriff and other collector of the tax hereby imposed in Estimates of this commonwealth. And for the better collection of tobacco to the said taxes, It is farther enacted, That the sheriff or be publishcollector of every county and corporation in this state, mitted to at the court to be held for their respective counties or collectors; & corporations in the month of April in each year during how they the continuance of this act, or at the next succeeding pointed, and court, in case no court shall be held in that month, accountable. shall give bond with good security, to be approved by

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VOL. X.

Y

ed and trans

shall be ap.

what estimate;

such court in the sum of thirty thousand pounds, pay-
able to the governour for the time being, and his suc
cessours for the use of the commonwealth, conditioned
for the diligent and faithful collection and payment of
this tax, to be levied, collected, accounted for, and set-
tled with the commissioners of the tax, and paid inte
the treasury in the same manner, at the same time, and
under the like forfeitures as are appointed, prescribed,
and inflicted in the case of collecting the taxes upon
assessments by, one act of assembly entitled "An act
for raising a supply of money for publick exigencies;'
and the sheriffs and other collectors shall be allowed
a commission of three per centum upon all sums of
money and quantities of tobacco by them to be col-
lected by virtue of this act, and a credit for all real
insolvencies to be settled by the commissioners of the
tax in each county and corporation respectively.

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The tax pay-
IV. And for the ease and conveniency of the peo
able in mo-
ple in paying the said tax, Be it farther enacted, That
ney instead
of tobacco, the sheriffs and other collectors of this tax, shall cause
according to a copy of the estimate to be made by the grand jury
as aforesaid, at every June court, to be set up at the
doors of their respective court-houses two several court
days, in the months of August and September, and al-
so at the door of every church, chapel, and meeting-
house, in every such county and corporation two seve-
ral Sundays in the said two months, during the con-
tinuance of this act; and all persons liable to this tax,
may either pay the same in money at the price fixed
by the grand jury in the preceding June court, or in
tobacco agreeable to the directions of this act, and the
law which shall be then in force for regulating the in-
spection of tobacco, deducting six per centum for such
price for the difference between crop and transfer to-
bacco, where the payment shall be made in money.
May be dis. All persons neglecting or refusing to pay the tax here-
trained for. by imposed agreeable to the directions of this act, may
be proceeded against, and the sheriff or other collec-
tor may proceed against the said delinquent, and
shall be entitled to the same commission in case
of distress as is provided in case of failing to pay coun-
ty and parish levies. And for preventing sheriffs
and other collectors from withholding from the pub-
lick the tobacco which shall actually be collected, It
is farther enacted, That the several collectors shall an-

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Collectors

shall 'settle

ers of the

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nually, during the continuance of this act, account and settle with the commissioners of the taxes upon oath, which the said commissioners are hereby empowered their acand required to administer, for all the tobacco and mo- counts with ney severally and actually by them received in dis- commissioncharge of this tax; every such sheriff or collector pre- taxes; when vious to their making such settlement, shall cause all and how. the transfer tobacco by them so collected, to be prized and croped agreeable to the direction of the laws which may be at such time in force for regulating the inspection of tobacco, and the commissioners shall allow them a credit in their accounts of six per centum for shrinkage, prizing, and nails, and thirty pounds of tobacco for each cask; and where any balance of tobacco not sufficient to make a hogshead shall remain in the hands of any collector, such balance or fraction, shall be accounted for by every such collector in his account for the succeeding year, or shall be by them respectively paid to the succeeding collectors; and the commissioners having allowed every collector credit for his commissions on collection, for all sums paid or due to them, their clerk, and to the assessors for their respective services, and for all real insolvencies, shall together with their account of the other annual taxes, transmit a duplicate of every such account to the auditors of publick accounts, noting the numbers, weights, and marks, of all crop tobacco in such collections.

V. The assessors of every hundred or district, shall in every year during the continuance of this act, at the time of making their assessment, demand an account upon oath or affirmation, which they are hereby empowered and required to administer, of all persons liable to this tax, an account of all his, her, or their tithables subject thereto, or which are then resident in his, her, or their family; and the assessors at the time of returning the accounts of their assessments, shall also return lists of the tithables so by them to be taken; and the commissioners of the taxes shall cause copies of the said lists of tithables to be delivered to the several sheriffs or collectors, at the time of delivering them the accounts of the assessments, to enable them to collect the tax. Every person refusing to give in to the assessors, an account of his, her, or their tithables as aforesaid, shall forfeit and pay treble the value of the tax upon every such tithable not given in, to be reco

Duty of ass

sessors.

Remedy a gainst delin

quents.

vered by action of debt in any court of record, in the name of the commissioners of the taxes for such county or corporation. Every person knowingly taking a false oath, or making a false affirmation in the premises, shall be subject to the like pains and penalties as are inflicted in the case of wilful and corrupt perjury. Application VI. All the money to be borrowed upon this fund, shall be applied to the payment of the money required ney borrow-by congress from this state, to such persons only as ed. Contin- shall be authorised by congress to receive the same, and upon warrant from the governour; and the accounts of the receipts and payments in consequence of this act, shall be kept distinct and separate from all other accounts whatsoever. This act shall continue and remain in force for and during the term of twelve years, and no longer.

of the mo

uance of the

act.

Rider to the Bill for establishing a fund to borrow money for the use of the United States, and for other purposes.

Owners of VII. And be it farther enacted, That no person incertificates terested by having money in, or interest due upon the not to be of said fund, or possessing any certificate for money adthe grand jury for esti- vanced on the said loan, shall at any time be capable mating to of serving on any grand jury for estimating the price of tobacco; and for discovery thereof, the judges of the general court are hereby empowered and required to examine upon oath any person who shall be summoned, or called upon such grand jury, concerning his in

bacco.

Operation

of the act, partly suspended.

terest in the same.

VIII. Provided, that the operation of so much of this act as relates to the time of the payment of the first year's tax, of thirty pounds of tobacco for every tithable, shall be, and the same is hereby declared to be suspended until the first day of December, in the year one thousand seven hundred and eighty, when the several sheriffs or collectors, having previously given bond and security, as herein before directed, shall proceed to collect, levy, and account for the said first year's tax, and pay the same into the treasury, on or

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