Pages 42-53 
|  Pages 70-82
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| Pages 42-53
| Pages 70-82
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| ACT VIII. | |
| An act for Ports, &c. | Edi. 1733 and 1752. |
| WHEREAS their majesties customes and revenues of this their dominion of Virginia, by the present waies and practices of landing and shipping of all sorts of merchandiseing goods inward, and all tobaccoes and other goods outwards, whether for England or elsewhere, are rendered impossible to be secured, to be duly paid into the hand of their majesties respective collectors, and other officers thereto appointed, and commissionated to receive and secure the same, great opportunity being thereby given to such as attempt to import or export goods and merchandises, without entering or paying the duties and customes due thereupon, | Preamble. |
| much practised by greedy and covetous persons, respecting more their private gaines and commodities, then their duty and allegiance, or the common profitt of their majesties good subjects, to the apparent diminution of their majesties revenues and great discouragement of such who duly pay the same, which abuses cannot be better prevented then by appointing certaine limited ports, Wharfes, keyes, and places for laying on shoar and loading on board all goods, tobaccoes and other merchandises, to be exported out of, and imported into, this their majesties dominion of Virginia; for prevention of which frauds and abuses for the time to come, (a) Bee it enacted by their majesties leiutenant governor, Councill and Burgesses of this present general assembly, and the authority thereof, and it is hereby enacted, That from and after the first day of October, which shall be in the year of our Lord one thousand six hundred ninety and two, all shipps, barques, and other vessells whatsoever, arriveing into, or sayling out from this country for trayd, shall unload and put on shoare, and take from shoar to load on board, all tobaccoes, goods and merchantdises, at some one or other of the poarts, Wharfes, keyes, or places hereafter mentioned in this act, and at none other place or places whatsoever, under the penalty and forfeiture of such ship, barque, or other vessell, with all her gunns, tackle, (b) ammunition, furniture and apparell. | Ves'ls to load and unload at certain ports only. |
| And bee it enacted by the authority aforesaid, and it is hereby enacted, That all goods, wares and merchandises of whatsoever nature, kind or condition which shall be imported into or exported out of this their majesties dominion of Virginia, after the said first day of October, anno 1692, shall be landed and laid on shoar at some one of the ports or places herein after mentioned, and there and at none other place or places whatsoever sould and bought, and whosoever shall presume to buy, sell, land, or lay on shoar (unless in case of wreck to | Goods to be bought and sold at those places only. |
| Various Readings | |
| (a) The words 'time to come' omitted in Northb. MS. but inserted in Ch. City and P. Rand. MSS. | |
| (b) The word 'takle' omitted in Northb. MS. but inserted in Ch. City and P. Rand MSS. |
| preserve the same) any goods, or merchantdises whatsoever to be imported or exported as aforesaid at any other place or places, then some one of the ports, keys, or other place or playces hereafter named in this act, shall forfeit and loose all such goods, wares and merchandises, as shall in other manner then is by this law directed, be landed or laid on shoar, bought, sold, shipped of, received or taken on board any ship, barque, or other vessell whatsoever, as aforesaid. | Penalty, forfeiture of the goods. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted That for the better secureing all tobaccoes, goods, wares, and merchantdises, which shall be brought to and landed at the ports, wharfes, keyes and places, by this act named, for reception and landing thereof, the justices of each county are hereby authorized, commanded, and impowered, within three months after publication of this act, to appoint and command the surveyor of each county to lay out and survey fifty acres of land, at such place and places as are hereafter in this act named, appointed, and set down for the ports, wharfes, keyes, and places for receiveing on shoar, and shipping, all goods, tobaccos, wares and merchantdises as aforesaid; and for the erecting ware houses, or any other houses, for the better secureing all such good, tobaccoes, wares and merchantdises to be imported or exported as aforesaid. | Justices to lay out 40 acres of land, at certain places whereon to erect warehouses, stores, &c. for the reception of tobaccoes, goods, &c. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted, That if any owner or owners or other present possessor, where the owner is absent, of such lands as are by this act hereafter appointed for a port, wharfe, keye, or place as aforesaid shall not be willing to agree for and sell such land at such price as shall be, by the justices aforesaid, thought reasonable, that then and in such case at the request of the said justices, their majesties governour for the time being is hereby desired and impowered to issue forth his warrant or warrants, directed to the sherrife of some neighbouring county thereby commanding him to impannell twelve of the most able and discreet freeholders of this bayliwicke, in convenient time, to goe upon the land appointed by this law for a towne, port, wharfe, key, or place of landing goods, wares or merchantdises to be imported or exported, and upon their corporall oaths | How land acquired, for a town, if owner refuses to sell, or be absent. |
| to value the same at the true worth having regard to the inconveniency that may happen to the owner by reason of the (a) sale thereof. in the best of their judgments, which worth or value by them so made and found shall be paid and satisfied, or well secured to be paid and satisfied, the next succeeding croppe to the owner or owners, guardian, attorney, present possessor, or possessors by the inhabitants of the county where such lands lie, to be by vertue of this act levied by the justices of that county or any four or more of them (whereof one to be of the quorum) upon the inhabitants of the county, by the pole, on every tytheable, in manner as other county charges are or have been heretofore usually laid and levied, that in consideration of such summe or summes of tobacco [by] the jury assessed, or of so much as the jury aforesaid shall vallue the said lands to be worth, such owner or owners, guardian, attorney, present possessor, or possessors shall well and sufficiently convey and assure unto such person and persons as the county court shall appoint feofees in trust a good and absolute estate in fee, of and in the said fifty acres of land, in trust and confidence, and to and for the uses, intents and purposes herein after mentioned, that is to say, to the uses, intents and purposes, that the said feofees shall out of the said fifty acres of land, convey and assure to any person requesting the same, and paying and reimburseing the county pro rata what the same at first cost, the like good and sufficient conveyance and assurance in the law, unto such person or persons, their heires and assignes for ever one or more halfe acre or halfe acres, but under such consideration that such grantee, his heires or assignes shall within the space of four months next ensueing such grant begin and without delay proceed to build and finish on each halfe acre granted to him one good house, to containe twenty foot square at the least, wherein if he failes to performe then such grant to be void in law, and the lands therein granted lyable to the choyce and purchase of any other person. | How the value of the land, to be paid. Owner or possessor to convey to certain feoffees, in trust. How they are to convey. Conditions of sale. |
| Various Readings | |
| (a) 'His' in P. Rand. MS. 'the' in Ch. City & Northb. MSS. |
| And bee it further enacted by the authority aforesaid, and it is hereby enacted, That in case where the owner, proprietor or is their or her guardian or guardians or known attorney or attornies, where such owner or owners proprietor or proprietors shall be under full age, or out of this countrey, or county where the land lies, appointed by this act to the uses aforesaid, shall upon tender of payment or security of payment the next succeeding cropp of the value or consideration for the purchase of the said lands so assessed as aforesaid, refuse to make such assurance and conveyance as by this act is directed, such denyall or refuseall shall ipso facto be taken for a forfeiture of the said lands to the feoffees or trustees appointed or intrusted by the court as aforesaid, proofe thereof being first made (b) in the county court where the lands lie, and that imediately from and after such refusall as aforesaid, it shall and may be lawfull to and for the said feoffees or trustees in and upon the said fifty acres of land to enter, and the same to have, hold, occupy and enjoy as of an estate in fee to and for the uses, intents, and purposes aforesaid. | A refusal by the owners of the land, to convey, ipso facto, a
forfeiture to the feoffees. And they may enter. |
| And bee it enacted by the authoritie aforesaid, and it is hereby enacted, That imediately upon such entery the said feofees, and every of them are and shall be seized of and in a pure, absolute, perfect and indefeasible estate of inheritance in fee, in trust, and to and for the intents, uses and purposes aforesaid, and such conveyances or grants as shall be made by them of any of the said lands according to the power and trust in them by this act reposed and given shall be adjudged, deemed and taken to be good, valid and effectuall in law to all intents and purposes whatsoever as if the said grants were made by the true and rightfull owner, proprietor or possessor of the same; any law, statute, usage or custom to the contrary hereof notwithstanding. And bee it further enacted by the authoritie aforesaid, and it is hereby enacted, That the surveyors appointed to lay out the said fifty acres of land shall have for the same and for delivering unto the county court a fair plot | On the entry of the feoffee they seized of an absolute estate in
fee in trust for the purposes of this act. Fees of surveyors. |
| Various Readings | |
| (a) The words 'first made' omitted in Northb. MS .but inserted in Ch. City and P. Rand. MSS. |
| thereof five hundred pounds of tobaccoe and caske to be paid by each county, and for every halfe acre and giving a plot thereof twenty pounds of tobacco to be paid by him that shall imploy him, and that such surveyor appointed to lay out the whole fifty acres of land as shall refuse or neglect upon timely notice thereof given to him to survey or lay out any one or more halfe acre or half acres of land for the respective purchasers thereof, or demand more pay or allowance for his soe doeing and giving a plot thereof sufficient to ground the conveyance upon, in the bounding and expressing the lines of the said one or half acre or halfe acres of land then what is by this act allowed shall upon proofe made pay to the party so aggrieved five hundred pounds of tobacco and caske to be recovered by action of debt, bill or plaint in any court of record within this their majesties dominion of Virginia. And bee it enacted by the authority aforesaid That these severall nominated ports, wharfes, keyes, and places hereafter named and set downe, be and shall be the severall and respective ports, wharfes, keyes, and places constituted and appointed by this act for the uses, intents and purposes before named, that is to say, | Penalty for exacting more. At what places towns to be built. |
| ffor Charles Citty County at flower de hundred over against Swyneards, (a) where it was by a former law appointed and accordion layd out and payd for and severall dwelling houses and warehouses built. | In Charles City county. |
| ffor James Citty County, James Citty. | James City co |
| ffor Nantzemond (b) County at Huffes (c) Poynt where formerly by law appointed and accordingly laid out and paid for and built upon pursuant to the said law. | Nantzemond. |
| Various Readings | |
| (a) 'Swyniards' in P. Rand. MS. −− In the Ch. City MS. the description of the places for ports or towns, is remarkably defective. After the words 'flour de hundred' there is an '&c.' in that MS. and the description there ends. The same is observable with respect to other places. | |
| (b) 'Nancemond' in Ch. City MS. 'Nantzemund' in P. Rand. MS. −− No word has, perhaps, undergone more variations in the spelling than this: It was originally called 'Nansimum.' see vol. 1, p. 321. | |
| (c) 'Huss' in Ch. City MS. 'Huffes' in Northumberland and P. Rand. MSS. |
| ffor Elizabeth Citty County, on the west side of Hampton river, on the land of Mr. William Wilson, lately belonging unto Mr. Tho. Jarvis deceased, the plantation where he late lived, and the place appointed by a former law and severall dwelling houses and warehouses already built. | Elizabeth City county. |
| ffor Lower Norfolke County on Nicholas Wise his land on the entrance of the Eastern Branch of Elizabeth River being the land appointed by a former law, and accordingly laid out and paid for and severall dwelling houses and ware houses already built. | Lower Norfolk county. |
| ffor Yorke County upon Mr. Benjamin Reads land begining at the lower side of Smiths Creeke, and so runing downward by the river towards the fferrey | York county. |
| ffor the upper parts of Yorke River at West Point to be paid for by the county in which it lies. | Upper parts of York river. |
| ffor Gloster County at Tyndall's Point, part on the land of Coll Lawrence Smyth, and part on the land of Mrs. Rebecca Rhoydes. | Glo'ster co'y. |
| ffor Midlesix County, on the land belonging to Ralph Wormeley, Esqr. on the West side of Nimcock Creeke, and over against the plantation where he now liveth formerly laid out by the surveyor of the county according to the directions of the act made in anno 1680, intituled, an act for cohabitation and incouragement of trayd and manufacture, and fully paid for to the said Ralph Wormeley Esqr. at the price sett by the said act, and a good sufficient warehouse built thereon. | Middlesex county |
| ffor Rappahanock County at Hobs his hole, the said land laid out by a formere law and paid for where the Court house, severall dwelling houses, and ware houses already built. | Rappahannock county. |
| ffor Stafford County on the land where Capt. Mallachy Peale now liveth called Potamack neck. | Stafford co'y. |
| ffor Accomacke county at Anancock, in Calvert neck formerly laid out and pursuant to a former law made in anno 1680, where the Court house, severall dwelling houses, and ware houses are already built. | Accomack co |
| ffor Northampton County upon one of the branches of Cherry Stone Creek, on the land of Mrs. Anna Lee the daughter of Capt. Hancock Lee, now in the tenure of the widow of Andrew Small. | Northampton county. |
| ffor Lancaster county on the land where (a) Mrs. Hannah Ball now liveth scituate on the Westerne side (b) of the mouth of Corotoman River. | Lancaster co. |
| ffor Northumberland county on Chicacone river, being the land of Mr. Spencer Mottrom, formerely laid out for a towne according to a former act. | Northumberland county. |
| And that the places hereafter nominated may be, and are hereby appointed to be places for buying and selling of all manner of goods, wares, and merchantdises under the same limitations and conditions as are mentioned to be observed and performed in settling and appointing the ports aforesaid, but shall not have liberty to land from on board any ship or vessell at (c) the first importation, or shipp of in order to the imediate exportation any goods wares or merchandises but only to and from some one of the ports in this act beforementioned, that is to say, | The following places appointed for and buying and selling of goods, but not to be ports for entry & clearing. |
| ffor Henrico County at Bermuda hundred poynt, on the land belonging to the wife of John Woodson. | In Henrico county. |
| ffor the Isle of Wight County, at the mouth of Pagan Creeke, formerly laid out for a towne, by the name of Paitesfield and payd for, and houses built upon it | Isle of Wight |
| ffor Warwick County at the mouth of Deep Creek as by a former law appointed and laid out by the name of Warwick Town, and paid for, by directions of the said law, and severall houses there built, together with a brick Court house and prison. | Warwick co. |
| ffor Surry County at the mouth of Grays Creeke on the lower side thereof. | Surry county. |
| ffor Westmorland County on the land of capt. William Hardidge, where he now liveth on the mouth of Nominy, a place formerly appointed by law. | Westmorel'd county. |
| And be it enacted by the authority aforesaid, and it is hereby enacted, That from and after the said first day of October 1692, no tobacco, goods, wares or merchantdises shall be taken on board any shipp, barque, or vessell whatsoever, from any part of this their majesties dominion, in order to be exported in the said shipp, barque, or vessell, but what shall come directly | How and from what places, tobaccoes and goods to be exported. |
| Various Readings | |
| (a) 'Of' in Northb. MS. 'where' in P. Ran. MS. | |
| (b) The word 'side' omitted in Northb. MS. but inserted in P. Rand. MS. | |
| (c) 'Of' in Northb. MS. 'at' in P. Rand. MS. |
| from some one or other of the ports, wharfes, keyes, or places mentioned in this act, nor unless the same tobaccoes or other goods so taken on board from such place or places allowed of by this act be first entered with the collector or officer duly appointed to collect receive and secure the customes, and a cocquit or certificate thereof produce from him of such entry made together with the marke and number of such tobaccoes or other goods, wares and merchantdises so entered for exportation, in such ship, barke or other vessell as the same is entered to be put on board, under the paine and penalty of forfeiting all such tobaccoes, goods wares and merchantdises as shall be put on board any ship, barque or other vessell, and not comeing directly from such port, wharfe, key or other place mentioned and allowed in this act, and due entry made thereof with the lawfull officer according to the directions and true intent and meaning of this act. And for the better preventing and discovering of frauds and abuses; Bee it further enacted by the authority aforesaid, and it is hereby enacted, That all tobaccoes, skins, furrs, goods, wares, or merchantdises, that shall be found on board any, shipp, sloop, boat or other vessell, that hath passed by any of the ports mentioned in this act, after the takeing on board any such goods, wares or merchantdises, and hath not a permit from the collector or other officer of the customes, of that district for the same, declaring to what port or place they are to be carryed, shall be wholly forfeited, one third part of all which fines, forfeitures and penalties before mentioned to be to their majesties, their heires and successors towards the better support of the government of this their majesties dominion of Virginia, and the contingent charges thereof, one third part to the governour here, and the other third part to him or them that shall informe or sue for the same in any court of record within this their majesties dominion of Virginia, by byll, information, plaint, or other action wherein no essoign, protection, or wager of law shall be allowed. Provided allwaise, and it is the true intent and meaning of this act that any place already laid out and appointed by any former law, and now by this act againe appointed and confirmed to be one of the ports, wharfes, keyes and places of trayd and landing of goods and merchantdises | Penalty for breach of this
law. Frauds, how prevented. Tobaccos and goods found on board, with out a permit, forfeited. Fines, how appropriated. Privilege of places formerly laid out for towns. |
| to be imported and for shipping tobaccoes and other goods and merchantdises to be exported wherein any thing hath been heretofore done and acted persuant to such law, the same shall be and is hereby deemed, held good and valid in law, any thing herein or by any other law, order, usage or custome to the contrary thereof in any wise notwithstanding. | |
| Provided alwaise, that in case of death or departure out of this dominion of any one or more, who shall be appointed by virtue of this act as feofee or feofees in trust as aforesaid that then it shall and may be lawfull to and for the justices of that court where such death or departure shall happen, and the aforesaid justices are hereby impowered to constitute and appoint in the place or roome of such feofee or feofees so dead or departed, one or more feofee or feofees for the uses, intents and purposes aforesaid. | Vacancies in feoffees, how supplied. |
| Provided also, that in case any land to be laid out by force of this act for a port, wharfe, key, &c. shall be in the tenure and occupation of a tenant by the curtesy, that in all such cases the fourth part of the consideration for which the aforesaid land shall be purchased, shall be paid and satisfied to the said tenante by the curtesy, the other three fourth parts paid and secured to be paid to him who hath the fee therein, any thing herein, or by any other law, order, usage or custom to the contrary thereof in any case notwithstanding. | Provision, in cases where the possessor of
the land is tenant by curtesy. How the price apportioned. |
| And bee it enacted by the authority
aforesaid, and it i [it] hereby enacted, That for the better securety of the port aforesaid, and
their majesties customes there ariseing and towards the better mainetenance and encouragement
(a) of a learned and pious ministry and advancement of learning and towards the
lessening the levy by the pole, there shall be answer'd and paid to our soveraign Lord and lady
King William and Queen Mary for and dureing their naturall lifes, and the life of the survivor of
them, to and for the uses, intents and purposes in this act mentioned and declared, and to an for
no other uses, intents or purposes whatsoever to [The errata says "i" should be "it" but it seems clear that it should be "is"] | |
| Various Readings | |
| (a) The words 'and encouragement,' omitted in P. Rand. MS. but inserted in Northb. & Ch. Cit. MSS. |
| be received by such collector or collectors, officer and officers as shall be thereto appointed, and in such manner as is herein appointed, and no otherwaise, such duties, customes, and imposts, upon the following goods, wares and merchantdises as shall be exported and carryed out of this their majesties dominion, either by land or water, from and after the first day of June next ensueing, as followeth, that is to say; for every raw hide one shilling, for every tann'd hide two shillings, for every buck skin drest or undrest eight pence, every doe skin drest or undrest five pence, every pound of beaver eight pence, every otter skin six pence, every wild Catt skin three pence, every Minx skin two pence, every fox skin three pence, every Raccoon skin one penny, every dosen of muskrat skins six pence, for every Elk skin one shilling, for every pound of wool six pence, for every pound of iron one penny, which said duties, customes, and imposts are to be satisfied, and paid by the person or persons exporting or carrying out the same either by land or water to the collector or collectors appointed to receive the said duties, customes or imposts, before the said goods, wares or merchantdises shall be shipped off, exported or carryed out of and from this dominion, either by land or water, and a certificate thereof obtained from the collector or collectors of that port or precinct where such goods, wares or merchantdises shall be so exported or carryed away, signifying the payment and satisfaction of the duties, customes and imposts aforesaid under the penalty of forfeiting all such goods, wares and merchantdises which shall be shipped of or loaded on board any boate, sloop, shipp or other vessell in order to exportation by water, or endeavoured to be carryed out of this country by land, and the full vallue thereof. And bee it further enacted by the authority aforesaid and it is hereby enacted, That if it shall at any time happen that any of the said goods, wares or merchantdises shall from and after the said first day of June be transported, conveyed or shipped out of this their majesties dominion of Virginia (a) by any person or persons before the | Duties, customs and imposts, on certain enumerated articles,
exported. On hides. Buck skins. Doe skins. Beaver pr. lb. Wild cat skins. Minx skins. Raccoon sk's. Muskrat, per dozen. Elk skins. Wool, per lb. Iron, per lb. How paid. Certificate thereof. Forfeiture, on non payment. Penalty for ship'g goods, &c. without paying the duties, double the value of the goods. |
| Various Readings | |
| (a) 'The words 'o Virginia' omitted in Ch. City and P. Rand. MSS. but inserted in Northumberland. MS. |
| said duties, customes or imposts are duly paid and satisfied, and certificates obtained for the same as aforesaid, and that the said person or persons who shall be thereof lawfully convicted either by their owne confession, or by other good sufficient evidence shall forfeit and pay double the true vallue of all such goods, wares and merchantdises; and if any master, marriner, seaman, boatman, carryer, or other person whatsoever, shall be privy to such fraud and assist therein, he they and every of them upon due conviction thereof, shall forfeit and pay for every such offence forty pounds sterling money, one third part of all which penalties and forfeiture shall be to their majesties their heires and successors to be imployed towards the better defence of the said ports and supplying the countrey with armes and ammunition, one other third part towards the better maintenance of the ministers of this country. and one other third part to him or them that shall sue for the same in any court of record within this country, by bill, plaint, information or other action, wherein no essoygn, protection or wager of law shall be allowed; and for the better collecting, secureing and receiveing all and every the duties, customes and imposts aforesaid, Bee it further enacted by the authority aforesaid, and it is hereby enacted, That the right honourable the leiutenant governour for the time being, or the governour or commander in cheife of this their majesties dominion for the time being, may be impowered and desired to nominate, constitute and appoint such and so many collector or collectors in all and every the ports, places and districts of this countrie for the receiveing, secureing and collecting all and every part of the said duties, customes and imposts upon all and every the goods, wares and merchantdises aforesaid, as he with the advice of the honourable councill shall think fit and convenient, which said collector or collectors are hereby impowered to demand, secure, and receive all and every the duties, customes and imposts before mentioned with full power to go on board any boat, ship or other vessell, or into any house, in the day time, where he shall have just cause to suspect any fraud to be commited or done, contrary to the true intent and meaning of this act, and for the better discovery thereof to search such house, ship, or vessell, or other place, and upon | On masters of vessels being privy to the fraud. Fines, how appropriated. How recovered. Governor to appoint collectors. Power & duty of collector. How he may search and make seizures. |
| oath or information made to a justice of the peace of a fraud suspected to be commited, and his warrant obtained for detecting the same, in the presence of a sherrif or constable, in the day time, upon refusall of the owner or possessor, the door or doors of all and every such house, and houses, to break, and open, and to break open any chest, trunke, casque, or other thing whatsoever, in which any of the goods, wares or merchantdises aforesaid are suspected to be packed and concealed, and upon finding and discovering any such fraud or deceit as aforesaid, all and every such goods, wares and merchantdises to seize, and take into his or their possession and secure to and for the uses, intents and purposes before mentioned. And all manner of persons are hereby required to be aiding and assisting to the collector and collectors, his and their officers the informer, discoverer and seizer of such goods, wares and merchantdises exported or endeavoured to be exported contrary to the true intent and meaning of this act. And that all and every collector and collectors aforesaid shall and are hereby required some time in Aprill and October generall courts yearly to render a true and just account upon oath, and make payment of all and every such summ and summes of money as they and every of them shall receive and collect for the duties and penalties by this act imposed as aforesaid to such person and persons as shall be named, impower'd and appointed by this generall assembly, who is hereby impower'd to account with every such collector and collectors, and to demand, receive and take of and from, and every of them, all and every the sum and sumes of money ariseing due upon the said collector and collectors account, and to give him or them the allowance of six percent out of the same for his trouble and paines taken therein, and for so much to give him and them sufficient discharges, and that the person or persons who shall be appointed to receive the monies ariseing by the said duties and penalties as aforesaid from the collectors thereof as aforesaid, shall, and is hereby authorised and required to keep and retaine the same in his own custody and possession untill he shall be ordered and required to pay and dispose of the same in manner and by such warrant and direction as is hereafter mentioned, which shall be sufficient to discharge | All persons required to aid and assist the collectors. Collectors when to acc't. Their allowance. |
| him of so much as he shall from time to time issue and pay as aforesaid, and shall be allowed upon his account which he shall and must make of the same to the next succeeding assembly, and so to every assembly successively, for which the said person or treasurer shall be allowed four per cent for his trouble and paines therein, and that in case the person or persons to be named to receive the said duties, customes and imposts from the said collector or collectors shall dureing the intervall of assemblies (a) die or depart out of this country, that in such case, the governour or commander in cheife for the time being, with the advice of the councell shall be impowered, and are hereby desired to nominate, constitute and appoint another sufficient person to supply his or their said places with the like power untill the next succeeding assembly, who shall have power to call to account and receive of the heires, executors, administrators and estate of the person or persons who shall (b) die or depart the countrey as aforesaid haveing any of the monies ariseing by force of this act in his or their custody or possession all and every such sum and summs of money to and for the uses aforesaid. And bee it enacted by the authority aforesaid, and it is hereby enacted, That all sum and summes of money and every part and parcell ariseing by virtue of this act shall be divided into three equall parts, one part whereof shall be to our Soveraign Lord and Lady the King and Queens Majesties, their heires and successors, and to and for the better support of the government in provideing armes and ammunition for the better defence thereof and building and maintaining convenient fortifications for the defence of (c) ships ariveing into the said ports, to be paid by the treasurer or treasurers to be appointed by vertue of this act of such person or persons, and in such order and | Allowance to treasurer. Vacancies in office of collectors, how supplied. Monies arising from duties, how appropriated. One third for procuring arms and amunition and building fortifications. |
| Various Readings | |
| (a) The words 'of assemblies' omitted in Northb. MS. but inserted in Ch. City and P. Rand. MSS. | |
| (b) The word 'shall' omitted in Northb. MS. but inserted in Ch. City and p. Rand. MSS. | |
| (c) The words 'the defence of' omitted in Northb. MS. but inserted in Ch. City and P. Rand. MSS. |
| manner as by the generall assembly shall be from time to time ordered and appointed and no other waies; another third part thereof towards the maintenance and incouragement of a pious and learned ministry to be equally distributed amongst the ministers of Gods word being the incumbents of the severall parishes in this countrey, in equall portions, and that all and every church warden and church wardens with the major part of every vestry and vestries of every respective parish and parishes within this dominion do annually, some time in March call and hold a vestry, and at the same make a certificate of the name of the present incumbent, and how long he hath continued in that cure, to the treasurer appointed to receive and keep the duety ariseing by vertue of this act, who together with two of the honourable councell not being collectors and two of the clergy, such as shall be appointed by the governour or commander in cheife are yearly in Aprill to divide the said part of the duety ariseing by force of this act, aqually [equally] amongst the severall ministers, whose names are certifyed as aforesaid which summes so paid and allowed, shall be certified by the persons who proportion the same amongst the said ministers to the severall vestries of the parishes where they are resident, and to the end the same may be discounted and allowed out of the salary of the said minister, and that he may be paid the remainder of the yearly allowance appointed by law to each minister in this country, at the usuall time of laying the levy by the vestry of the said parish and that the person or persons who shall be appointed to receive the monies ariseing by the duties upon the goods mentioned in this act from the severall collector and collectors of the same, do keep and reserve in his and their hands and possession the other third part of the said money to be hereafter diposed [disposed] of by order of the generall assembly of this their majesties dominion towards the encouragement of learning in case the good designe of building a free schoole and colledge shall take its desired effect, or otherwise to be disposed of for the defraying of the publique charge of this country, and lessening the levy by the pole, and to and for no other use, intent and purpose whatsoever. | One-third to the clergy, in part of their annual salary. How to be obtained. And the remaining third, for the encouragement of learning. |
| Provided alwaies that all and every treasurer and treasurers, collector and collectors to be appointed by vertue of this act do before their entries into their respective offices give bond with good and sufficient security for their due performance of their severall offices, according to the true intent and meaning of this act; and for the further prevention of frauds and discovery thereof in the impost duties and customes laid upon the severall commodities mentioned in this act, Bee it enacted by the authority aforesaid, and it is hereby enacted, That whatsoever person or persons shall from and after the said first day of June next export or carry out, or cause to be exported or carryed out of this government by land or water into an other government for the purchase of skins, furrs, or other Indian traffique, any goods, wares or other merchantdises whatsoever, and shall not first have the lycense or permit of the collector or other officer of the customs of that district, from whence he carryes the same, who is hereby required and commanded before the granting any such permit or lycense to take bond with good and sufficient security, that the full and whole produce of the said goods, wares and merchantdises in skins, furrs, or what other Indian traffique soever it shall happen to be, shall be brought into this countrey, and at the importation entered with him or some other lawfull appointed collector or officer, shall forfeit such goods, wares and merchantdises, or the vallue thereof, to be recovered in such manner, and to such uses as is in this act before exprest. And bee it enacted by the authority aforesaid and it is hereby enacted, That the leiutenant governour or commander in cheife for the time being, with the advice of the councill be empowered at any time hereafter, as it shall be found convenient and necessary, any one or more of the above nominated five places, or townes quallifyed by this act for the buying and selling all manner of goods, wares, and merchantdises, to constitute, appoint and make a port or place for laying on shoar, or loading on board, all goods, tobaccoes and other merchantdises to be exported out of and imported into this their majesties dominion of Virginia, and that the same being so appointed be ever after equally quallifyed, priviledged and admited, and be so deemed, held and taken with any of the other ports already | Collectors and treasurer to give
bond. None to carry out goods to trade with Indians, without first giving bond to bring the proceeds into this country. Governor and council authorised to assign other places, for ports, &c. |
| nominated and appointed by this act for ports and places of landing goods, tobaccoes, wares and merchantdises to be imported into or exported out of this countrey; any thing heretofore contained to the contrary notwithstanding. | |
 ACT IX. | |
| An act for a free trade with Indians.* | Edi. 1733 and 1752. |
| BEE it enacted by their majesties leiutenant governour, councill and burgesses of this present generall assembly, and the authority thereof, and it is hereby enacted, That all former clauses of former acts of assembly limiting, restraineing, and prohibitting trade with Indians be, and stand hereby repealed, and they are hereby repealed, and that from henceforth there be a free and open trade for all persons at all times, and at all (a) places with all indians whatsoever. And for the future prevention of such mischeifes as have frequently happened at huntings, commonly called fire huntings and other huntings remote from the plantations, Bee it enacted by the authority aforesaid, and it is hereby enacted. That no person or persons whatsoever shall hereafter presume to goe an hunting remote from the English plantations without first having obtained the lycense and permission of their majesties leiutenant governour or commander in cheife for the time being and the councell of state under such restriction, limitations and conditions as at the time of giveing such permission shall be by them thought fit to be enjoyned and appointed. | All former laws, limiting and restraining
trade with Indians repealed. Henceforth, a free and open trade with all Indians, at all times & places whatever. No person to go a hunting remote from the settlements, without a license. |
| Various Readings | |
| * This act was re-enacted in the revisal of 1705, and again in the edition of 1733, in which last it forms sect. 12, of chap. 52.−− This is the same law, on which the old general court first founded their decision, that the right of making slaves of Indians was taken away; though at that time it had not been discovered that the act existed as far back as 1691. The supreme court of appeals have since, extended the principle to cases where Indians were brought in between 1691 and 1705. See 2 Henl. & Munf. 149, Pallas & others v. Hill & others. | |
| (a) The words 'at all' not in Northb. MS. but inserted in Ch. City and P. Rand. MSS. |
| Pages 42-53
| Pages 70-82
|