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An act for amending the several laws establishing the Sinking Fund.
(Passed the 15th of December, 1791.)
SECT. 1. BE it enacted by the General Assembly, That The interest the treasurer of this commonwealth shall be, and he is here- on the defici
ency of the
by authorised to draw the interest which shall be paya- fan of the ble to this state by the commissioner of loans for the state debt to United States, from time to time, on account of the de- be received ficiency of the loan of the state debt, pursuant to an act by the treaof Congress, intituled, "An act making provision for surer; the debt of the United States ;" which interest shall be how to be apapplied to the purchase of such public securities of this plied. state, or of the United States, as may in the opinion of
the executive, be most for the public benefit.
SECT. 2. The proportion of the arrearages of taxes Former apgranted in aid of the sinking fund, by an act of the ses- propriation of sion of one thousand seven hundred and eighty-nine, arrearages to intituled, "An act to appropriate the public revenue," fund continuthe sinking shall continue so appropriated.
SECT. 3. The agent of the sinking fund shall be en- The agent's titled to receive for his services, a commission not ex- commission. ceeding five per centum on the nett profits to the commonwealth, from the purchases aforesaid.
SECT. 4. And be it further enacted, That so much No warrants of an act, intituled, "An act providing a sinking fund to be issued for the gradual redemption of the public debt," and of for interest on every other act as entitles the governor, with the advice the sinking of council, to warrants for interest on certificates in the fund. treasury, or in the sinking fund, and so much of every act, as comes within the purview of this act, shall be, and the same is hereby repealed.
SECT. 5. This act shall commence and be in force
from and after the passage thereof.
ment of the
auditor to per
An act concerning the offices of Auditor and
(Passed the 25th of November, 1791.)
SECT. 1. WHEREAS the office of solicitor will soon become unnecessary; Be it therefore enacted, That Office of soli- from and after the thirty-first day of December, one citor discon- thousand seven hundred and ninety-one, the office of solicitor-general shall be discontinued, and thenceforward all the duties, powers and authority heretofore by law required to be exercised by the solicitor-general, shall be executed by the auditor, and all notices, motions form his duties and other proceedings which have been originated by the and to prose- late solicitor, or by his successor in office, in behalf of the Commonwealth against public delinquents, and all such as may be given or commenced before the first day of January, one thousand seven hundred and ninety-two, shall after that period be deemed as valid, as if such notices, motions and other proceedings had been given or commenced by the auditor under this act.
executive may SECT. 2. Be it further enacted, That the executive appoint clerks may appoint, if necessary, one or more clerks to assist to assist him. the auditor in the duties of the former solicitor-general, with a salary of one hundred pounds per annum to each who shall continue in office until the end of the next session of the General Assembly, unless in the opinion of the executive the said business may be sooner accomplished.
for duties to
SECT. 3. And be it further enacted, That from and after the passing of this act, the balances due for duties be paid by the on imports, which heretofore were payable to the solicitor, and by him accounted for with the treasurer, shall be paid by the debtors, directly into the public treasury, having obtained a warrant from the auditor for that purpose. Any law to the contrary notwithstanding.
Commencement of the act.
SECT. 4. This act shall commence and be in force from the passage thereof.
An act to explain and amend the act constituting the present Court of Appeals.
(Passed the 16th of December, 1791.)
WHEREAS the sessions of the court of Preamble: appeals have been so changed by an act of the present session of the General Assembly, as to render it difficult for the judges of the general court to meet for constituting a special court of appeals, according to the directions of two several acts of Assembly for amending the acts concerning the court of appeals, passed in the years one thousand seven hundred and eighty-nine, and one thousand seven hundred and ninety: Be it therefore enacted Sessions of by this present General Assembly, That the said special the special courts of apcourts of appeals shall meet on the twentieth days of June and November, if not on a Sunday, and then on the next day, as the case may require, instead of the first days of the sessions of the court of appeals.
last court, re
SECT. 2. And be it further enacted, That the clerk Summonses of the court of appeals shall make the summonses order- ordered at the ed at the last session of the court of appeals, for sum- turnable to moning the judges for constituting a special court of ap- the 20th June peals in the suits in the said order mentioned, returnable to next. the tweentieth day of June next, instead of the first day of the next session of the said court of appeals.
SECT. 3. And be it also enacted, That the judges of Allowance to the court of appeals, not disqualified to sit in any special judges of the court of appeals, shall be paid the same for travelling court of appeals for traand attendance, as the other judges are now by law al- velling and at
SECT. 4. And whereas it is doubtful whether the judge of the high court of chancery must not necessarily be one of the judges for constituting all such special courts, except in appeals from the high court of chancery; Be it therefore enacted, That in case of the sickness or The Chanceldisability of the judge of the high court of chancery for lor's attendthe time being, which may prevent his attendance at a ance not nespecial court of appeals, such court may be formed by stitute a speother judges, according to the directions of the two be- cial court. fore recited acts, in the same manner as if the appeal had been from the high court of chancery.
cessary to con
Special courts SECT. 5. And be it enacted, That the clerk of the court to be attended of appeals for the time being, shall attend all such speby the clerk, cial courts with the records in the cases to such special
and other officers of the
Causes in the
courts committed, and enter the proceedings of all such special courts in the order book of the court of appeals, and the same shall be signed by the presiding judge of such special court, and be certified to the inferior court, and carried into execution in the same manner as if the same had been determined in the court of appeals.
SECT. 6. And be it enacted, That such special courts shall be attended by the like officers with the court of court of ap- appeals, who shall receive the like compensation as they now do in the said court; and that such special courts may adjourn and do all and every act as a court during their session which the court of appeals may by law do. SECT. 7. Provided always, and be it further enacted, special courts, That where any cause shall be pending in any such spewhen to be re- cial court, and the same shall not be determined before there shall be a sufficient number of the judges of the court of appeals, qualified to make a court for deciding the same, such cause shall be resumed by the court of appeals and be determined there as if such cause had never been committed to a special court.
sumed by the
court of ap
Commencement of the act.
SECT. 8. And be it further enacted, That so much of all and every other act or acts as may be contrary to this act, shall be, and the same is hereby repealed.
SECT. 9. And that this act shall commence and be in force from and after the first day of January next.
Sessions of the
An act for altering the time of holding the sessions of the court of Appeals, and a session of the high court of Chancery.
(Passed December 3d, 1791.)
SECT. 1. BE it enacted by the General Assembly, That court of ap- instead of the first day of June and the first day of Nopeals, vember, the court of appeals shall be henceforth holden on the tenth day of April and the tenth day of October in every year; or when that shall happen to be on Sunday,
on the succeeding day, and shall sit each time until the business depending before them shall be dispatched. SECT. 2.. And be it further enacted, That instead of of the court of the twelfth day of October, the high court of chancery chancery. shall be held on the first day of September in every year; or when that shall happen to be on Sunday, on the second day of September, and shall sit for twenty-four juridical days successively, unless the business depending before the said court shall be sooner dispatched.
An act for further continuing three acts of Assembly concerning the better regulating and collecting certain officers fees, and for other purposes therein mentioned.
(Passed December 17th, 1791.)
WHEREAS the act of Assembly, passed in the year Preamble. one thousand seven hundred and forty-five, intituled, "An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," which was continued and amended by two subsequent acts, the one passed in the year one thousand seven hundred and eighty-five, and intituled, "An act to revive an act, intituled, An act for the better regulating and collecting certain officers fees, and other purposes therein mentioned," the other passed in the year one thousand seven hundred and eighty-eight, intituled, "An act for further continuing the act, intituled, An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned," will expire at the end. of the present session of Assembly, and it is expedient and necessary, that the said recited acts should be further continued: Be it therefore enacted by the General As- Certain acts sembly, That the said several recited acts, shall be con- respecting tinued from and after the expiration thereof, for the term continued, of three years, and from thence to the end of the next session of Assembly; except so much of the said first re- in part. cited act which passed in the year one thousand seven hundred and forty-five, as relates to the delivery of the VOL. XIII.-K k