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by whom the commissioners were appointed, whose judgment as to the yearly rent or value shall be final. The said commillioners or either of them to al, certain the rent paid on houses or lots actually leased, may call on the tenant or proprietor to declare on oath or folemn affirmation, what is the amount of the rent paid for the fame; and every person so called on and refusing to declare, shall forfeit and pay the sum of three hundred dollars, to be recovered

by motion on ten days previous norice, to be made by the commillioners of the public property exemping revenue, or either of them. Provided, That no tax shall be collected on

lands, lots, houfęs, or other property belonging to this Commonwealth, or to any county, town, college, houses for divine worship, or feminary of learning. Every covering horse or jack-ass which shall not be duly entered with the commifsioners of the tax, and all such horses and asses brought into this Commonwealth, subsequent to the ninth of March next, shall be liable to a treble tax, to be paid by the owner of the place at which he shall stand, upon whom is shall be distrainable by the sheriff

, as if it had been entered in the commiffioner's book; for two thirds whereof the sheriff shall be accountable to the public, and in case of failure to pay the same, shall forfeit two hundred dollars, to be recovered with costs, on motion after ten days notice by the Auditor, for the use of the Commonwealth ; Provided, That any person so bringing such horse or ass into the fate, entering him with the coinmisioner within ten days thereafter, and paying the tax to which he would have been liable, had he been duly entered, to the sheriff or collector, shall be absolved from the faid penalty, and the said commissioners shall subjoin the said horse or ass to the list of

taxables, Licenses toc merchants II. AND be it further enacted, That upon any person's producing to the felling goods, wholesale commissioner of the revenue for the county, district, or corporation, a receipt or ictail.

for the sum of forty dollars paid to the sheriff or collector, such commissioner shall grant to such person a license to sell merchandize of foreign growth or manufacture, by wholesale and retail, for and during the term of twelve months;

or if the said receipt shall be for fifteen dollars, such person shall, in like manPenalty an dealing with. ner, receive a license to retail such goods for the same time. And if any person our such license first

shall fell fuch merchandize either by wholesale or retail, on land or on board ob:ained.

any vefiel, without having obtained such licenfe, such person shall forfeit and pay five hundred dollars, to be recovered by the commiflioner in any court of record, on ten days previous notice, and to be paid to the sherift for the use of the Commonwealth ; of which licenses and fines the commissioners shall annually in their books, return a list to the Aujitor of the public accounts, on or before the fifteenth day of September, specifying names, which shall be good evidence whereupon to charge the sheriff or collector. Provided nevertheless, That not above one tax shall be paid on account of fo selling at one and the

fame store, and if any person shall possess two or inore stores, he or she shall pay Plavio,

one tax for each store. And provided also, That nothing contained in this or any other act shall be so conitrued as to impose a tax on planters or farmers for selling falt or iron to their weighbours, purchased as a return load for their produce, carried in their waggons or otherwise to market. All the said licenses shall be taken out previous to the first day of May next, and shall be good and effectual for and during the term of one year. Provided, That if any new store shall be opened on land between the said first day of May, and the same day in the following year, the faid tax shall be apportioned according to the time then to come of one year, and its amount shall be specified in the licente,

and in the commissioner's return. Concerning hawkers III. AND be it furt er enaeled, That the act concerning hawkers and pedand pedlais,

lars shall be so construed, as to make it necessary for each hawker and pealar,

to obtain a license. Licenres granted to IV. BE it further enacted, That each hawker and pedlar, after obtaining a hawkers and pedlars to license to sell goods, wares, and merchandize, shall in the court of each county, be recorded.

at the courthouse of which he offers goods for sale, enter of record his license, obtained for vending goods, wares, and merchandize, for which he shall pay twenty-five cents to the clerk, and the clerk of each court shall keep a list of such licenses granted to hawkers and pedlars, and recorded, stuck up in some public place in the courthouse, expressing when the license was granted, when

they will expire, and by what court they were granted, from their April court Allowance to commiffis to the end of the year: And in case of failure, each hawker or pedlar shall be oner for issuing fuch subject to the same penalty as if he had no such license. For every license grantlicense,

ed by a commissioner under this act, he shall be entitled to twenty-five cents,

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which shall be paid to him out of the public treasury, on warrant of the Audicor of public accounts, after his lift of licenses shall be returned to the Auditor as aforefaid. Clerks of courts shall annually, on or before the firit day of Octo- Clerks of courts to reder, return to the Auditor a lift of all hawkers’ and pedlars' licenses granted by turn a lift of pediars their respective courts, previous to the first day of September in every year, and licenses to the Auditos. every clerk neglecting this duty, shall forfeit fifty dollars, to be recovered in the General Court, by motion on ten days previous notice. The clerks of courts shall allo on or before the fifteenth of December in every year, account on oath to the Auditor of public accounts for all taxes received by them, by virtue of their offices, previous to the first day of September in such year. So much of the act passed at the last feliion, intituled, “ An act to impose certain taxes on law process, and for other purposes," as is contrary hereto, shall be and is hereby repealed. V. AND for the more effectual collection of the taxes as aforesaid, and Notices on motions a

gainft theriffs and other others, which may become due to the commonwealth, Be is further enacted, officers herein mens That ten days previous notice shall hereafter be neceffary to any sheriff, col- tioned. le&tor, clerk, inspector, or notary public, for the purpose of recovering a judgment for any taxes, fine, or public dues of any kind, where by law the auditor is authorised to proceed against them, or any of them, by motion. No heriff or other collector shall at any time be allowed to return any lift of insolvents, or have any credit therefor, 'after twelve months shall have expired, from the period of the taxes becoming payable by such sheriff or collector, to which such lift relates. A commission of five per cent. and no more shall be allowed to commiffon allowed for iheriffs and collectors for the collection of the taxes on licenses to be granted to

collecting tax on lin merchants under this act, and on licenfes to be granted to hawkers and pedlars, under an act, intituled, “ An act concerning hawkers and pedlars;" any law to the contrary notwithstanding. A list of all licenses granted to merchants Commissioner to return

litt of licenses to counshall be returned by the committioner granting the same, to the county or cor- tv or corporation court poration courts for their examination, after which the said lists shall be deli- for examination. vered to the sheriffs or collectors, who mall annually, on or before the first day of Oaober next, after the receipt thereof, account for and pay the fame into the public treasury. VI. THIS act shall commence and be in force from the palling thereof. Commencement of this

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CHAP, CCLVI.
An Ad to exable Clerks of Couris to Adminifter Oaths in certain cafes.

[Pafled the 6th of January, 1800.) I. and their deputies be, and they are hereby empowered to administer. vachs in certain cases.

thorised to adininifter oaths in all cases wherein an affidavit is necessary as the foundation of any official act to be performed by any fuch clerk, which affidavit shall be filed, and fall in every refpe't be as effectual as if the oath thereto had been adminif tered by a justice of the peace. And if any person sworn by any clerk or his deputy, by virtue of this act, ihall give any evidence under such circumstances as would have constituted the fame to be perjury, if done in presence of a court of record, the same shall be deemed perjury to all intents and purposes.

II. THIS act shall commence and be in force from and after the passing Commencement of this thereof.

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CHAP. CCLVII.
An Act concerning the Service of certain Procefi, and the returns th recue

(Palled the 28th of January, 1800.]
1. E it enacted by the General Asseinbly, That 'where any sheriff or other

officer Thall return on any original or mesne process to him directed, that he has been kept off by force of arms, it shall and may be lawful for the plaintiff in the a:tion in which the process fo returned was issue., either to issue an alias or pluries, as the case may be, or to proced in the said action against the defendant or defendants, as if such process had been returned executed.

II. THIS act shall be in force, froin and after the palling thereof.

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CHAP. CCLVIII.
An Act to repeal the Act authorising the Executive to remit the Damages and Fines

incurred by Sheriff and Collectors, in certain cafui.

[Pafled the 4th of January, 1800.) There are being the I. B ing the fixecutive to remit the damages and fun tes hereby ede authorifing

E it enacted, That the act of Affeinbly, intituled, “ An a&t authoris-
Executive to remit da-
mages, &c. repeabej,
with an exception.

riffs and collectors, in certain cases,” shall be and the same is hereby repealed ;
except in this, that the Executive shall still be authorised to remit damages or
fines incurred by sheriffs of collectors before the twenty-sixth day of Decem-
ber, in the year one thousand seven hundred and ninety-four, on the terms in

the faid above recited act set forth and contained. Provided however, That
The court before whom when a motion is made by the auditor of pub'ic accounts against any delinquent
the audicat moves ayai it theriffs or collectors, and notice as heretofore required being fist given, the
dediquents vefted with
discretion to remit dao court in pronouncing judgment upon the case, shall and may take into con-

fideration all circumstances which may, in their opinion, entitie the party to

a remission of damages, and give judgment for the same or not, as they may The 6th section of the

II. ' AND be it further inafted, That the sixth section of the act, intituled, alt laying taxes its pealed.

“ An act laying taxes for the support of government,” hall be, and the fame is

hereby repealed. Commencement of this III. THIS act shall commence and be in force, from and after the palling

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CHAP. CCLIX.
An Act to amend the Act, intituled, An Act concerning the Election of Members of

General Asimbly.

(Passed the 6th of January, 1800.] THEREAS in the act, intituled, " An act concerning the election of the

members of the General Affembly," no provision is made for holding an election in case of the death of the high sheriff

, whereby many of the good people of this Commonwealth are fometimes unrepresented ; for remedy whereof,

1. BE it enacted by the General Lembły, That in all cases whatsoever where by law ve heriff is directed to hold an election, in case of the death of the said sheriff

, the senior magiftrate, and in his absence, inability, or incapacity by being a candidate, the fecond, and so on in succession to the junior magistrate, is hereby authorised, empowered, and required to perform the duties of the leriff prescribed by law in fimilar cases.

li. AND be it further enacted, The said magistrates, in case of refusal, fall be subject to all the penalties to which sheriffs are liable, and shall be entitled to the same compensation.

III. ALL acts within the purview of this act, are hereby repealed.

IV. THIS act shall commence and be in force, from and after the paffing thereof.

Penalties on magif. cates refuling to ad,

Repealing clause. Commercement of this acts

CHAP. CCLX.
An Act concerning Attornies, and for other purposes.

(Passed the 25th of January, 1800.]
State attornics how a . I.
pointed.

E it enacted, That attornies to prosecute on behalf of the CommonBE

wealth, hall hereafier be appointed in the district and all other inferior courts of this commonwealth, by an order of such courts respectively, which said attornies shall be entitled to recover of delinquents the fees allowed by law, and moreover the attornies for the commonwealth in the district courts, shall be allowed the salary as now fixed by law, and every such attorney in the county or corporation courts, shall be allowed a reasonable sum for their servis ces, and for which no other fee or reward is allowed by law, as heretofore an

nually to be levied by such court, on the county or corporation. Antisor not to allow 11. AND be ir further enacted, That it shall not hereafter he lawful for the ergonies claims.

auditor of public accounts to allow the claim of any attorney for any county

or corporation court, for any services to be performed by him therein ; and that all laws within the true intent and meaning of this act, shall be, and the fame are hereby repealed.

III. THIS act shall commence and be in force from and after the passing Commencement of this thereof.

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CHAP. CCLXI.

An Aa to Increase the Wages of the Members of the General Assembly for the pre

fint and all future Sessions.

[Passed the 13th of January, 1800.) CHEREAS it is found by experience that the wages of the members of Pe:amblea I. BE it therefore enacted, That the wages of the members of the General Wages of th: members Assembly, shall be for the present and future sessions, three dollars per day, and thrie dollaro. milage as heretofore.

II. THIS act shall commence and be in force, from and after the palling Commencement of his thereof,

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CHAP. CCLXII.
An Act for confirming and establishing the Boundary Line het ween this state and

the State of Kentucky, afcertained and fixed by certain Commisioners appointed
by both States, and for other purposes.

[Palled the 13th of January, 1800.] HEREAS the commissioners appointed to ascertain and adjust the boun- Preamble. to the act of separation between the two states, have proceeded to the execution of the said business, and made a report thereof in the words following, to wit:-“The commiflioners for ascertaiping and adjuiting the boundary line Report of the commií. between the states of Virginia and Kentucky, appointed pursuant to the act of tioners. Separation between the two states, to wit : Archibald Stuart, General Joseph Martin, and Creed Taylor, Esquires, on the part of the former, and John Coburn, Robert Johnston, and Buckner Thruston, Esquires, on the part of th: 12tter, having this day met at the Forks of Great Sandy river, according to appointment, and taken into consideration the said act of separation, have, and by these presents do, unanimously, agree and declare, that the boundary live between the said states, is, and shall be, and remain as followeth, to wit: To begin at the point where the Carolina, now Tenneilee line crosses the top of the Cumberland Mountain, near Cumberland Gap; thence north-eastwardly along the top or highest part of the said Cumberland Mountain, keeping between the head waters of Cumberland and Kentucky rivers, on the west side thereof, and the head waters of Poweil and Guett's rivers, and the pound fork of Sandy, on the east side thereof, continuing along the said top or highest part of said mountain, crolling the road leading over the same at the Little Paint Gap, where by some ic is called the Holiow Mountain, to where it terminates at the welt fork of Sandy, commonly called Ruslei's Fork; thence with a line to be run north forty-five degrees ealt, till it intersects the other great principal branch of Sandy, commonly called the north-eaitwardly branch; thence down the said north-eastwardly branch to its junction with the main wett branch, and down Main Sandy, to its confluence with the Ohio." And whereas Surveyors certificateá Brice Martin and Hugh Fulton, the surveyors appointed by the faid commiffioners to run and mark the faid line, did, on the second day of November, one thousand seven hundred and ninety-nine, certify, that they did run the fame, beginning at a red oak, white oak, and two pines, marked V. K. on each, standing on a high clift, where the said Well or Rullel's fork of Sandy runs through the said Cumberland Mountain, near the mouth of a branch; thence with the faid course so the said principai branch of Sandy, commonly called the northcail

dly branch, eight thousand fix hundred and forty poles to a poplar, black gum, and two ipruce pines, each marked with the letters V. K. and that they had also marked the trees on the faid line with four chops in the forn of a diamond. And whereas it is dormed proper and expeijeni that the laid

boundary line fo fixed and ascertained as aforesaid, should be established and

confirmed on the part of this Commonwealth: Boundary line between

I. BE it therefore enatled by the General Assembly of the Commonwealth of Virginia & Kentucky. Virginia, That the said boundary line between this state and the state of Ken

tucky, as laid down, fixed, and ascertained by the faid commissioners abore named, in their faid report above recited, Mall be, and is hereby fully and abfolutely, to all intents and purposes whatsoever, ratified, established, and confirmed on the part of this Commonwealth, as the true, certain, and real boun.

dary line between the said states. Report of the commif- II. AND whereas the said commissioners have made a further report 10 Goners respecting cer- the present General Assembly, in the words following, to wit: “ And whereas tain entrics and loca. doubts have heretofore prevailed, which of the main branches of Sandy the togs.

act for dividing the county of Fincastle, (which is the act referred to for the line between the two ftates) meant and intended that the line should run up, and locators have been led into errors in entering their land warrants, it is therefore further unanimously agreed between the faid commissioners, that no land claims founded on entries within the forks of Sandy, or east of the Comberland Mountain, on the waters of Sandy, previous to the first day of Octrober, one thousand seven hundred and ninety-nine, on either fide of the before mentioned line, to be run from the end of the said Cumberland Mountain, to intersect the said main north eastwardly branch of Sandy, ought to be in any wife affected by the said doubts which have existed respecting the said line, but that the said claims ought to remain valid and secure, as if ro such doubts had existed, or as if the territory had been within the acknowledged limits of either state, that is to fay, that all entries of land made in the offices of cither state, which by this adjustment of the line falls into the other, shall be as valid as if made in the offices of that itate in which the land lies, and that it be recommended to the faid states to pass mutual laws for the ratification of the faid claims, pursuant to the meaning and intent of this agreement between us, and that until such laws shall be paled, this inflrument shall not be in force, but shall take full effect immediately after the passage of such laws." And whereas it is deemed also proper and expedient to confirm and validate all such entries above mentioned, in conformity to the recommendation of the said com

millioners, in their faid report last above recited: Be it further enacted by Intrics made in Ken- the authority aforefaid, That all claims for entries of lands made by any perlon fucky of lands which fall into this stace,

or persons, in any surveyor's offices in the state of Kentucky, since the leparavalid,

tion thereof from this fate, which said lards by means of the adjustment and ellablishment of the said line above mentioned, have fallen into this state, shall be as valid and sufficient to the several claimants under such entrics to all inténts and purposes, as if the lime had been made in the proper surveyors' offices of this itate; any thing in any law contained to the contrary, notwith

Itanding: Commencement of this III. THIS act shall commence and be in force, from and after the passing ad.

of a like law on the part of the state of Kentucky.

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CHAP. CCLXIII.
An Act concerning the Militia of this Commonwealth.

(Passed the 28th of January, 1800.) Arms to be distributed

"I. TOR the purpose of arming the militia of this Commonwealth, Be il to the inilitia by the cxecucive.

enacted, "That the Executive be, and they are hereby authorized and directed to distribute without delay amongst the several regiments of militia, according to their strength as ascertained by the last returns of each, two thirds of all the arms and accoutrements belonging to the fate, as well those on hang as those that may hereafter be precured under appropriations already made by law: Provided, That before the delivery thereof, they shall cause each musket

and cartridge box to be ftamped with the name of the county and number of Officers to give reccipes

the regiment to which they may be allotted. for the armis.

II. AND be it further enacied, That it shall be the duty of each and every officer commanding a regiment to receive such arms and accoutrements when they shall be offered, and grant a receipt therefor to the governor, for the tine being, describing their condition at the time of such receipt, and thall moreover deliver the lame to the officers commanding battalions in such regiment, is like proportion. And it shall be the duty of otticers commanding battalione

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