The Delaware gazette. [volume] (Wilmington [Del.]) 1809-1810, 1809-08-02

of the commissioner or commissioners of tine
revenue, annually, on the first Monday in Au-
gust to attend at the courthouse OF their re-
spectivc counties, and to take and make out a
list the sales to be sold by the collector, spe-
Giving the name or names of the former ow-
ner or owners, the sums paid and to whom sold.
which list the commissioner or commissioners
shall forthwith transmit to the Auditor of pub
lie accounts, who shall charge the collector with
the amount of sales appearing thereon.
Be it further enacted, That j, shall be the du-
" of every collector to pay annually into the
public Treasury, all such sum or sums of mo-
ney as he shall receive by virtue ofthis act, de-
ducting commission of five per centum thereon.
which payment shall annually be made on the
same day on which the taxes collected in the
same year shall be payable.
Be it further enacted, That the lists Of sale SO
certified aud taken by the commissioners, or eli.
,hcr of them, shall be sufficient to charge the
collector OF lis security or securities, his, her or
their heirs executors administrators herewith on
any motion TO be made TO recover the same by
the auditor OF public accounts. And if any
collector shall make default in the payment OF
ans monies BY him received, by virtue Of this
act, at the time hereby required, such collector.
and hi security or securities, his, her or their
heirs, executors or administrators, shall be la
bic TO all such fines, interests, damages and
costs, and be recovered III the same manner as in
case Of a default in the payment OF the common
wealths revenue.
BE il further enacted, That it shall be the tu-
IS of every collector making sale by virtue Of
tins act, to make end execute to the purchaser a
deed in fee simple lol the lands purchased, reei-
ting the cause of sale, and in every action or
suit at law or in equity, IN which former own
er or owners of any tract of land 50 sold and
conveyed his, her, or their theirs, devisee, or o.
tier person persons claiming under him, her
or Them shall contest the validity of the sale so
made, the onus probandi shall lie on tie party
so contestng.
Be it further enacted, That the commissioner
or commissioners for discharging the duties re-
quired on them by this act, shall be entitled 10
receive from the public treasury commission
of one and an half per centum on the amount of
sales, on warrant from the auditor of public
accounts.
BE it further enacted, That it shall be the du-
ty of the auditor OF public accounts, a, the pub
lie expense, to cause a copy Of this act, and of
an act passed the first day of February, in the
year one thousand eight hundred and six, emit.
prietors OF certain lands forfeited for the non
payment of taxes, to redeem the same, and also
OF an act passed on the twentieth day of jan
uary, in the year one thousand eight hundred
and seven, entituled, g An act to amend an ac,.
entitucd $ an act, more effectually to provide
for the payment Of taxes upon lands within this
commonwealth" to be published for six mon lbs
successfully in the present year,and Tor three
months successfully preceding the first
Monday in August in the year one thousand
eight hundred and eleven, to be published in
some newspaper, of general circulation, edited
in each Of the United States, fany such there be.
And be it further enacted, That the duties en-
joined in this act to be performed by the collec-
tors, shall where the sheriff is collector, be per-
formed by the high sheriff in person, and every
purchase made, wholly or in part, by the sheriff
or his deputy, or by any other person being
collector, or by amy other person, wholly or
in part, for the use of such sheriff, DEPUTY
sheriff or other person being collector shall be
void and every sheriff deputy sheriff or other
person being collector, making any purchase.
either wholly OF in part, for himself, or procur.
ing any other person to make such purchase,
wholly or in part for the use aforesaid. shall
forfeit and pay the sum of $500, to the use Of
the public, to be recovered by bill, plant or in
formation, in amy court of I .cord having
Jurisdiction thereof.
This act shall be in force from the passing
thereof.
copy from the Rol-Teste,
]. PEASANTS. Jr. keener