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WILLIAM SMALLWOOD, Esq; Governor.
XX. And be it
enacted, That if any of the days appointed by this act
for the performance of any of the duties hereby required shall happen to
be a Sunday, then such duties shall be performed on the day following. |
1785.
CHAP.
LXXXIII.
Duty not to be
performed on
Sunday, &c. |
XXI. And be
it enacted, That if any suit shall be brought against any
person for any thing done in pursuance of this act, the suit shall be commenced
within six months after the fact committed, and the defendant in
any suit may plead the general issue, and give this act an the special
matter
in evidence, and that the same was done in pursuance and by authority
of this act; and if it shall appear so to be done, or if any suit shall
be
brought after the time limited, then the jury shall find for the defendant,
and if the plaintiff shall become nonsuit, or suffer a discontinuance,
or if
a verdict shall pass, or upon demurrer judgment shall be given, against
him, the defendant shall recover treble costs, and have such remedy for
the same as any defendant hath for costs of suit in other cases at law. |
Suits to be
commenced in
six months,
&c. |
XXII. And be
it enacted, That the holder of any certificate for money
borrowed by the public, or for allowances on the journal to public
creditors,
under the faith of the legislature of this state that the same, or the
interest thereof, should be discounted for taxes, may, if he requests the
same, have his tax imposed by this act discounted, according to the engagement
of the public, rating the money due for principal or interest
discounted according to the value of the money when the certificate was
given, such value to be ascertained by the scale of depreciation settled
by
the act to adjust the debts due from this state; and the holder of any
certificate
for grain, flour, or other provisions, purchased or taken, or for
vessels or carriages hired or impressed, or houses rented, under any act
of
assembly of this state, promising that the value or price should be discounted
in payment of public taxes, may produce his certificate to the
commissioners of the tax for his county, and the commissioners are to adjudge,
and endorse on the certificate, the value of the freight, hire, or rent
aforesaid, or the market price in their county of the grain, flour,
or other
provisions, mentioned therein, in current money, at the time the same
was delivered or taken; and the holder of such certificate may have
a
discount of his tax imposed by this act, not exceeding the sum due thereon,
according to the value ascertained by the endorsement, and the collector
shall endorse such discount, and the date when made, on such certificate,
and shall thereto subscribe his name; and if any certificate upon
which the faith of the state was pledged as aforesaid, hath been liquidated,
the holder of the said liquidated certificate shall have a right to discount
the same as aforesaid. |
Holders of
certificates
may have their
tax discounted,
&c. |
XXIII. And be
it enacted, That no collector shall have any allowance
on the settlement of his account with either of the treasurers for
any certificate,
before he shall return two lists of all the certificates for which he
shall request a credit, with their numbers, dates and sums, and the names
of the persons from whom received, and make oath, (to be administered
by either of the treasurers) to be endorsed on the said list, That the
certificates
mentioned in such list, and requested to be allowed such collector,
were actually, really and truly, and without any deceit or fraud, received
in virtue of this act, and in payment of the assessment due on the
property
in his county, and from the person named in such list, except only change,
if any, given on the receipt of the said certificates, in which case he
gave
certificates in change as far as in his power, and money only for the balance;
and if any collector shall swear falsely in the premises, and shall
be thereof convicted, he shall suffer as in case of wilful and corrupt
perjury;
and the treasurer receiving such lists shall transmit one to the clerk
of the council, and the other to the commissioners of the tax of the
county
of the said collector. |
Collectors not
to be allowed
for certificates
before lists returned,
&c. |
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