in taxes as

and the specie as before directed, to the first holder or Receivable assignee of such receipts, and shall also be received in their denom. payment of all such taxes as they shall, by their denominations, respectively represent: And the treasurer is also hereby empowered and directed to prepare and give the said receipts, guarded against counterfeits by such precautions and devices as he may think proper.

ination represents.

army.

Penalty on

CHAP. XXVII.

An act for supplying the southern army with waggons and horses.

Waggons & I. BE it enacted by the General Assembly, That evehorses, how supplied for ry county within this commonwealth that hath failed or the southern neglected to furnish and deliver a waggon and team, agreeable to the directions of the act of assembly entitled, "An act for supplying the army with cloaths, provisions and waggons," shall, on or before the first day of March next, furnish the same agreeable to the said act. The sheriffs of the several counties who have so failed or neglected, are hereby ordered to summon the justices of their counties to meet on or before the tenth justices and day of February next, at the place where the courts are sheriffs for usually held within the same, for the purpose aforesaid: neglect. Every sheriff failing so to do, shall forfeit and pay five hundred pounds specie. Every justice of any county, having such notice and failing to execute the said act by the time aforesaid, shall each forfeit and pay the sum of one hundred pounds like money. And the soHow reco- licitor general for the time being is hereby directed, on any county failing to furnish the waggon and team hereby required within the time affixed for the delivery, to direct the attorney general to commence an action of debt, in the name of the commonwealth, against every such sheriff or justice who shall have failed in the duty prescribed by this act, for the penalties therein mentioned, which penalties shall be paid, on recovery, to the treasurer of this commonwealth, to and for the use of the same. Every waggon and team shall be

verable.

delivered to the deputy quarter-master in the state, or

to such persons as he shall appoint, and at the time of Waggons & teams, how delivery valued in specie, for which valuation, the per- disposed. son receiving shall give the person delivering a receipt in writing, to be transmitted to the auditors of public accounts, and by them debited to the United States.

sons to purchase wag

gon horses.

II. And be it farther enacted, That the governor, Governor & with the advice of the council, shall, and he is hereby council to empowered and required to appoint so many persons appoint perof credit and influence in different parts of the state, as he may think necessary, to purchase one hundred waggon horses: The persons so appointed shall give a receipt in writing to the seller for the specie price of each horse, and expressing in such receipt that the same shall be taken by any sheriff or collector for taxes on lands or slaves, or any other tax that may be by law appropriated for continental purposes; and every sheriff or collector shall be allowed the same in the settlement of their accounts, upon their being previously entered in the auditors office, and by the auditors shall be debited to the United States. And the governor is hereby desired to send forthwith a copy of this act to the sheriff of each county which has failed to comply with the above-recited act.

CHAP. XXVIII.

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

咖

1. BE it enacted by the General Assembly, That the

tia hereto

pay of the militia called into service since the first day Pay of miliof October, one thousand seven hundred and eighty, fore called shall be the same as that allowed and given to the con- into service, tinental officers and soldiers by an act passed this pre- how regula sent session, entitled, "An act to adjust and regulate ted. the pay and accounts of the officers and soldiers of the Virginia line on continental establishment, and also of

the officers, soldiers, sailors and marines in the service of this state, and for other purposes;" And the auditors are hereby directed to settle and adjust the accounts of the militia so called into service, agreeable to 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. XXIX.

[Chan. Rev. An act to amend an act entitled An act p. 149.] for giving further time to obtain warrants upon certificates for preemption rights, and returning certain surveys to the land office, and for other purposes.

ued.

Power of

1. WHEREAS the time limited in the act entitled, commission. "An act for giving farther time to obtain warrants upers for adon certificates for pre-emption rights, and returning justing certain surveys to the land-office, and for other purpoclaims to lands, furses," to the commissioners for adjusting and settling ther contin- the claims to unpatented lands within their respective districts, has been found to be too short for that purpose: Be it therefore enacted, That all the powers given to the said commissioners by any act or acts of assembly, shall be and continue in force during the farther term of six months; and that the farther time of three months be allowed for obtaining warrants upon certificates of pre-emption rights, and entering the same with the surveyor of the county.

Further time

to obtain

warrants, &

enter them with the sur

veyor.

Allowance

to commis

sioners and attending efficers.

II. And whereas the allowance heretofore made to the commissioners appointed to carry into execution the said act, and to sheriffs, surveyors and clerks attending the same, is inadequate to their trouble and expence; Be it enacted, That each commissioner, for every day he shall necessarily be employed going to, attending on, and returning from the business of his of

fice, shall receive.twelve shillings and six pence in specie, the sheriff six shillings in specie, and the surveyor eight shillings in specie.

III. And whereas the expence of carrying the said act Tax on litiinto execution hath been greatly increased, and it is rea- gants. sonable and just that such expence should be defrayed by the persons to be benefitted thereby; Be it farther enacted, That for every hundred acres of land contained in the certificates to be granted by the commissioners, the party receiving the same shall pay one shilling and six pence in specie, besides a fee of six pence in specie to the clerk for every certificate.

tificates.

IV. And whereas many disputes may arise between County settlers in the several districts who have obtained set- courts to hear and detlement and pre-emption rights from the commission- termine disers appointed to settle the claims of unpatented land; putes in surBe it therefore enacted, That the county courts shall veying preand are hereby authorized to hear and determine all emption cersuch disputes as may arise in surveying or laying off settlement or pre-emption rights; and where any such disputes shall arise, it shall be lawful for either party to petition the court and set forth the nature of their claim, and if the court shall be of an opinion that the claim of the petitioner is just, they shall order a summons to issue for the other party, who shall appear at the next court: And the said court shall then proceed to hear and determine the right and to settle the boundary lines between the claimants, in a summary way, without the usual formality of a suit of law; or may appoint a jury of twelve men to attend the surveyor at a certain day on the land in dispute, which jury shall, on oath, hear and determine the right of the claimants and settle the boundary lines; and the said jury shall return their proceedings to the next county court for their confirmation.

time military

V. And be it farther enacted, That where warrants Within what have been obtained for military service, and surveys warrants to have not yet been made, it shall be lawful for the per- be located. sons having such warrants to lay the same within the like time as is allowed to persons claiming lands upon pre-emption right,

VI. And be it farther enacted, That all persons who Military war had, during the former government, made locations of rants under land under military warrants, according to the laws former goand rules then in force, shall have the benefit of their

vernment..

When sur

veys shall be made of en

tries ou the eastern wa

ters.

Orders of

land on the

eastern waters to be valid.

said locations, provided they do not interfere with actual settlements made on such lands before the first day of January, one thousand seven hundred and seventy-eight, and shall be admitted to surveys and grants therefor upon re-entering their lands and hereafter complying with the rules and regulations of the land-office: Provided, That all lands claimed by virtue of such former locations shall be re-entered with the county surveyors within twelve months after the end of this present session of assembly.

VII. And whereas by the act of general assembly for adjusting and settling the titles of claimers to unpatented lands, a certain time was limited within which the surveyors of the counties on the eastern waters should survey all lands within their counties regularly entered for before the end of the session of assembly in which the said act was passed, which time was, by subsequent acts, extended to other definitive periods, and it not being in the power of the party claiming such entries to compel the surveyor to a performance ochis duty, or to controul those accidents which may some times render such performance impracticable, it is therefore unjust that he should lose his rights] on any failure of duty in the surveyor, whether willful or involuntary: Be it therefore enacted, That the surveyors of the several counties on the said eastern waters shall proceed, with all practicable despatch, to survey the said entries before described, and for this purpose shall proceed in notifying the party, making the survey, delivering a plat and certificate, and in all other circumstances as by the act for establishing the land-office is directed in the case of surveys to be made on entries subsequent to the end of the said session of assembly; and the party interested shall be subject also to the same forfeitures of right if he fail in any thing prescribed by the same act last mentioned to be done on his part.

VIII. And whereas by the said law for establishing council for the land-office, all orders of council or entries in the council-books for lands not carried into execution by actual survey, were made void, whieh, so far as it respected lands on the eastern waters, produced much injury to individuals and no utility to the public: Be it therefore enacted, That all orders of council and entries in the council-books for lands on the eastern wa