Pages 216-228 
|  Pages 250-270
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| Pages 216-228
| Pages 250-270
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| AT A General Assembly, BEGUN AT | |
| THE CAPITOL, IN THE CITY OF WILLIAMSBURGH, THE TWENTY-THIRD DAY OF OCTOBER; IN THE 4TH YEAR OF THE REIGN OF OUR SOVEREIGN LA- DY ANNE, BY THE GRACE OF GOD, OF ENG- LAND, SCOTLAND, FRANCE, AND IRE- LAND, QUEEN, DEFENDER OF THE FAITH, &c. ANNOQ, DOM. 1705. 
|
Edward Nott, esq. gov. |
| An act for laying an Imposition upon Liquors and Slaves.* | Edi. 1733 and 1752. |
| FORASMUCH as the late Impositions upon liquors and upon servants and slaves imported into this colony and dominion have proved very usefull and advantageous, and that no better expedient can be found to lessen the levy by the poll or to defray the charge of any publick design than impositions of that nature, | (From MS. Revisal of 1705.) |
| Be it therefore enacted by the Governour, Councill and Burgesses of this present generall assembly, and it is | |
| This was the fifth revisal of our laws, since the settlement of the colony: the
first was in September 1632; the second, in March 1642-3; the third in March 1657-8, during the
existence of the commonwealth of England; the fourth in March 1661-2, after the revolution; and,
for the present revisal, provision was made by an act of April 1699, (see ante pa. 181,) by which very ample powers were given to the
committee. This revisal has remained till the present time, in MS. Three copies are in the
possession of the editor; two ere furnished by Thomas Jefferson, esq. late president of the
United States, which are incomplete; and a third by William Nelson, esqr. one of the judges of
the general court, which contains every act of that revisal. In the present collection, such of
the acts of this session as are printed in the revisal of 1733, will be taken from the printed
volume, but where the title only is given in that revisal, the act itself will be printed from
MS.
| |
| * This act is from a MS. revisal of 1705, furnished the editor by William Nelson, esqr. one of the judges of the General Court. |
| hereby enacted by the authority of the same, That for every gallon of rum, brandy or other distilled spirits which after the five and twentyeth day of May in the year of our Lord God 1706, shall be imported or brought into this colony and dominion from any port or place whatsoever, except from the islands in the West Indies directly the duty or custome of six pence shall be paid by the owner or importer of the same. | Duty on spirituous liquors brought from any place except the West Indies. |
| And be it further enacted, That for every gallon of rum, brandy or other distilled spirits which after the said five and twentieth day of May shall be imported or brought into this colony and dominion from any the islands in the West Indies the duty or custom of four pence shall be paid by the owner or importer of the same. | On those bro't from the West Indies. |
| And be it further enacted, That for every gallon of wine of any sort whatsoever which after the said five and twentieth day of May shall be imported or brought into this colony and dominion from any port or place whatsoever, the duty or custom of four pence shall be paid by the owner or importer of the same. | On wines. |
| And be it further enacted, That for every gallon of cyder, beer or ale, which after the said five and twentieth day of May shall be imported or brought into this colony and dominion from any port or place whatsoever the duty or custom of one penny shall be paid b the owner or importer of the same. | On cyder, beer and ale. |
| Provided nevertheless, and it is hereby enacted and declared, That no duty or custom whatsoever shall be required or paid for any of the liquors before enumerated which shall come directly from England, Wales or the town of Berwick upon Tweed, but that all such liquors shall remain and continue exempt and free from any imposition, duty or custome levyed or raised by this act as if this act had never been made. | Proviso, as to spirits, wines, &c. imported directly from England. |
| Provided also, and it is hereby further enacted and declared, That no greater duty or custom shall be required or paid for any rum imported directly from the islands in the West Indies in any ship or other vessel wholy and solely belonging to the inhabitants of this country then a duty or custom of two pence per gallon in case the said rum do properly belong to an owner of the said ship or vessell, and such owner shall upon his corporall oath declare that the said rum and every part | Further proviso, in favor of Virginian owners of vessels. |
| thereof was imported and came upon his proper account and risque, any thing in this act before contained to the contrary thereof in any wise notwithstanding. | |
| And be it further enacted, That no liquors whatsoever lyable to a duty or custom by virtue of this act shall be landed, put on shoar, or any other way delivered out of the ship or vessell importing the same, before due entry be made thereof with the collector of the dutyes upon liquors in the port or place where the same shall be imported or before the duty due and payable for the same by virtue of this act shall be fully sattisfyed and a warrant had under the hand of the said collector for landing or delivery thereof, and that all liquors landed, put on shoar or delivered contrary to the directions and true intent and meaning of this act as aforesaid or the value thereof, shall be forfeited and lost and shall or may be recovered of the importers or owners of the same. | No liquors to be landed, until due entry made. Forfeiture. |
| And be it further enacted, That no person or pursons whatsoever, bringing liquors lyable to a duty or custom by virtue of this act into any port or place within this colony and dominion, or having such liquors consigned, shall land or cause the same to be landed or put on shore without making or causing due entry to be made thereof with the collector of the dutys upon liquors in such port or place and giving to him a true account of the gallons every cask did contain upon oath upon pain of forfeiting duble the value of the liquors so landed or put on shore. | Further penalties. |
| And be it further enacted, That the master or purser of every ship, barque or other vessell importing liquors lyable to a duty or custom by virtue of this act to any port or place within this colony and dominion shall make a true and just entry upon oath with the collector of the dutys upon liquors in the said port or place of the burthen, contents and lading of such ship, barque or other vessell with the particular marks and numbers of every cask therein laded with liquors to the best of his knowledge, and also where and in what port she took in her lading, upon penalty of forfeiting one hundred pounds sterling. | Entry, how to be made. |
| * The running title to the acts of this session in edi. 1733 & 1752, is, "Anno regni quarto Annæ reginæ." |
| Provided always, and it is hereby enacted and declared, That no person or persons whatsoever shall be required to give an account upon oath of the true contents of any pipe or other cask of wine imported directly from the island where the same was made but that upon every such importation of wine the owners or importers thereof shall have liberty to enter a pipe at one hundred and ten gallons and all lesser cask after the same proportion, any thing in this act contained to the contrary or seeming to the contrary notwithstanding. And for the better encouragement of all persons whatsoever to make due entry and payment of the severall impositions, dutys or customs laid upon liquors by virtue of this act. | Wines, how to be entered. |
| Be it further enacted, That in consideration of filling and leakeage, every collector of the said impositions, dutys or customs shall be and hereby is authorised and required to abate and allow to such person or persons as shall enter liquors and pay the dutys for the same twenty gallons in every hundred. And if any person or persons whatsoever shall wittingly or willingly make a false entry and be convicted for the same, such person or persons shall forfeit and pay one hundred pounds sterling. | Allowance, for leakage. |
| And be it further enacted, That the collectors of the dutys or customs upon liquors and their deputys be authorised and impowered, and they and every of them are hereby authorised and impowered to go and enter on board any ship or other vessell and from thence to bring on shore any liquors lyable to a duty or custom by virtue of this act, if the duty or custom be not paid or compounded for within ten days after the first entry of the said ship or vessell, and likewise to stay and remain on board the said ship or vessell untill all such liquors be discharged and delivered out of the same. | Power of collectors, in making searches, and seizures. |
| And be it further enacted, That if any collector or collectors of the dutys upon liquors or any other person or persons deputed and appointed by or under them or any of them, or any other authority whatsoever, shall directly or indirectly, take or receive any bribe, recompence or reward in any kind whatsoever, or shall connive at any false entry of any liquors lyable to a duty or custom, by virtue of this act, by means whereof the dutys or customs shall be defrauded, the person or persons therein | Penalty, for bribery. |
| offending, shall forfeit and pay the sum of one hundred pounds sterling and be forever afterwards disabled in his said office and rendered uncapable of holding any office or employment relating to the customs in this colony and dominion and the person or persons giving or paying such bribe, reward or recompence, shall forfeit and pay the sum of one hundred pounds sterling. | |
| And be it further enacted, That the sum of twenty shillings shall be paid for every negro and other slave which after the said five and twentieth day of May shall be imported or brought into this colony and dominion from any port or place whatsoever by the importer or importers of the same. | Duty on negroes, or other slaves. |
| And be it further enacted, That no negroes or other slaves which shall be imported into this colony and dominion after the publication of this act shall be landed or put on shore out of any ship or vessell importing the same before due entry be made with the collector of the dutys upon slaves in the port or place where the said negroes or slaves shall be imported or before the master of the said ship or vessell hath made oath of the number of slaves imported in such ship or vessell or before the duty due and payable for the said negroes or slaves shall be fully sattisfyed and paid and a warrant had for the landing of the same under the hand of the said collector, and that all negroes or other slaves which shall be landed or put on shore contrary to this act or the value thereof shall be forfeited and lost and shall be recovered of the importers or proprietors of the same. | No negroes, or other slaves to be landed, until due entry made. |
| Provided always, and it is hereafter further enacted, That if the importer of any liquors or slaves for which the dutys and customs according to this act shall be paid shall within six weeks after the importation thereof into this colony and dominion be desirous to export the same or part thereof in such case the said importer shall give a particular account of the contents, cask, markes and numbers of the liquors, and a particular account of the slaves he intends to export to the collectors with whom at their importation they were entered and shall subscribe the same and declare upon oath that the duty and custom for the liquors and slaves he desires to export were at the entry duly answered and paid according to this act, and that the said liquors | Draw back, on exportation of liquors, or slaves, within six weeks. |
| and slaves shall be directly carried out of this dominion and not sold, delivered or put on shore within the same and then shall be lawfull for the said collector and he is hereby required and enjoyned to allow to the said importer three-fourths of the duty or custom paid for the said liquors and slaves so to be exported, any thing in this act contained to the contrary in any wise notwithstanding. | |
| And be it further enacted, That if the master of any ship or vessell importing slaves after the publication of this act shall wittingly or willingly make a false entry of any of the slaves so imported and be thereof convicted he shall forfeit and pay for every such offence the sum of one hundred pounds sterling, and if any collector of the dutys upon slaves shall directly or indirectly take or receive any bribe, recompence or reward to connive at any false entry of any negroes or slaves imported as aforesaid, he shall forfeit and pay the sum of one hundred pounds sterling and be forever afterward disabled in his said office and rendered uncapable of holding any office or imployment relating to the customs in this colony and dominion, and the person or persons giving or paying such bribe or reward shall forfeit and pay the sum of one hundred pounds sterling. | Penalty, for false entry of negroes, or other slaves. |
| And for an encouragement to import mony into this colony and dominion, | |
| Be it further enacted, That whatsoever person or persons shall pay any of the impositions, dutys or customs accruing due by virtue of this act in good and lawfull mony of his or their own importation into this colony and dominion to be proved by the oath of the party paying the same such person or persons shall have an abatement and allowance for ten percent in all dutys so paid and sattisfyed, and every collector of the duties so paid is hereby authorised and required to make allowance accordingly. | Abatement, where duties are paid in money imported. |
| And be it further enacted, That upon any entry payment or draw-back where an oath is directed and injoyned by this act, the collector of the dutys where such entry or payment shall be made or drawback allowed be impowered and required and such collector is hereby impowered and required to administer the oath. | Collectors, empowered to administer oaths. |
| And be it further enacted, That the several impositions, dutys or customs by this act laid upon liquors and slaves be from time to time paid and sattisfyed to our sovereign lady the Queen, her heirs and successors to and for the uses, intents and purposes hereafter mentioned, and to and for no other sue, intent or purpose whatsoever. | Duties, how appropriated. |
| And be it further enacted, That the severall forfeitures and penaltyes which shall or may arise by virtue of this act shall be divided into three equall parts, one third part whereof shall be to our sovereign lady the Queen, her heirs and successors for and toward the better support of this government and the contingent charges thereof, one third part to the governor of this colony and dominion for the time being, to and for his own proper use and behoof, and the other third part to him or them that will informe or sue for the same, to be recovered with costs in any court of record within this colony and dominion, wherein no essoin, protection, or wager of law shall be allowed. | Forfeitures, how apportioned. |
| And be it further enacted, That the governor or commander in chief of this colony for the time being with the advice of the councill shall be and is hereby impowered from time to time and at all times hereafter to nominate, constitute and appoint such and so many collectors of the dutys laid by this act upon liquors and slaves, as also such sallarys not exceeding six in the hundred for collecting the said dutyes, as to him shall seem best. | Governor, with advice of council, to appoint collectors. |
| And be it further enacted, That all and every sum and sums of money raised or to be raised by virtue of this act shall be constantly accounted for by the collector or collectors thereof to the treasurer of Virginia for the time being upon oath, and by him to the governor, councill and burgesses of the generall assembly upon oath also, and converted to such use or uses as from time to time they shall think fitt to direct for lessening the levy by the poll and defraying any publick charge whatsoever, according to the true intent and meaning of this act, and to and for no use, intent or purpose whatsoever. | Duties, how accounted for. |
| And be it further enacted, That this act shall continue in force for two years from the said five and twentieth day of May and no longer. | Limitation of this act. |
| CHAP. II | ||
| ||
| I. BE it enacted and declared, by the governor, council and burgesses of this present generall assembly and it is hereby enacted and declared by the authority of the same, That the Freeholders of every county that now is, or hereafter shall be in this dominion, now have, and hereafter shall have the privilege and liberty of electing and choosing two of the most fit and able men of such county respectively, to be present, and to act and vote in all General Assemblies, which, from time to time, and at any time hereafter, shall be held within this dominion; and also, that the freeholders of James City shall have the liberty of electing and choosing one Burgess, to be present, act, and vote in the General Assembly, as aforesaid. | (From edit. 1733.) The freeholders of every county to elect two burgesses. James City, one burgess. | |
| II. And for the more regular and legal electing of the said Burgesses in all time coming, Be it enacted, by the authority aforesaid, That the following rules and methods shall be observed, (to wit,) That the writs for electing the said Burgesses shall be signed by the Governor, or Commander in Chief of this dominion for the time being, with the seal of the Colony affixed to them, and shall be delivered to the Secretary, at least forty days before the day appointed for the General Assembly to begin, to be by him transmitted to the sheriffs of the respective counties: That the Secretary shall cause the said writs to be safely conveyed and delivered to the several sheriffs of each respective county, within ten days after the date of such writs: That every sheriff in three days after he receives any such writ, shall cause one copy thereof to be delivered to every minister and reader of the several parishes in his county; upon every one of which said copies, shall be indorsed by the sheriff, the time and place by him appointed for the election of Burgesses, which shall always be made at the place where the county court is accustomed to be held, at least twenty days after the sheriff shall have received the writ: That after the receipt of such copy and indorsement, the minister or reader as aforesaid, shall publish the same after Divine | Method of issuing and executing the writs for elections. |
| Service, in the Church or chapel where they, or either of them officiate, upon every Sunday that shall be between the receipt of such copy, and the day appointed for the Election of burgesses; and after such publication, the minister or reader shall return the said copy to the sheriff, with a certificate of the publication thereof, and of the time and place of the election. And if at any time hereafter, the secretary of this dominion for the time being, shall fail to cause the writs for electing of Burgesses, to be safely conveyed and delivered to the several sheriffs as aforesaid, he shall forfeit and pay the sum of forty pounds current money; one moiety thereof to our sovereign Lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to such person or persons as will inform and sue for the same: To be recovered, with costs, in any court of record within this dominion, by information, bill, plaint, or action of debt, wherein no essoin, protection, or wager of law, privilege, or any more than one imparlance shall be allowed. and if at any time hereafter, the sheriff of any county within this dominion, shall fail to cause to be delivered one fair copy of any writ for election of Burgesses, with an indorsement thereupon as aforesaid, unto every minister and reader as aforesaid, within his county respectively, in such time as is before directed, such sheriff shall forfeit and pay the sum of two thousand pounds of tobacco; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to such person or persons as will inform and sue for the same: To be recovered, with costs, in any court of record within this dominion, by information, bill, plaint, or action of debt, wherein no essoin, protection, or wager of law, privilege, or any more than one imparlance shall be allowed. And if any minister or reader, who shall hereafter receive from the sheriff of his county, the copy of a writ for election of burgesses in the said county, shall, after the receipt thereof, fail to make publication and return, according to the directions of this act, such minister or | Penalties on failure. |
| reader shall forfeit and pay the sum of one thousand pounds of tobacco; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to such person or persons as will inform and sue for the same: To be recovered, with costs, in any court of record within this dominion, by information, bill, plaint, or action of debt, wherein no essoin, protection, or wager of law, privilege, or any more than one imparlance shall be allowed. | |
| III. And be it further enacted, That after publication of writs, and time and place for election of burgesses as aforesaid, every freeholder, actually resident within the county where the election is to be made, respectively shall appear accordingly, and give his vote at such election, upon penalty of forfeiting two hundred pounds of tobacco to such person or persons as will inform and sue for the same: To be recovered, with costs, in any court of record within this dominion, by information, bill, plaint or action of debt, wherein no essoin, protection, or wager of law, privilege, or any more than one imparlance shall be allowed. | Every resident freeholder to appear & vote at the
election. Penalty 200 lb. tobacco. |
| IV. Provided always, That no freeholder being a feme-sole, or fem-covert, infant, under age, or recusant convict, shall be obliged to appear, and give his or her vote in any of the said elections; neither, if they do appear, shall they have liberty to vote, but shall be excluded therefrom, as though they were not freeholders. And if any person shall presume to give his vote for election of any burgess or burgesses, not being a freeholder in the county or town respectively where he shall give his vote, such person shall forfeit and pay five hundred pounds of tobacco; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to such person or persons as will inform and sue for the same: To be recovered, with costs, in any court of record within this dominion, by information, bill, plaint, or action of debt, wherein no essoin, protection, or wager of law, privilege, or any more than one imparlance shall be allowed. | Proviso, persons disabled to vote. Any person not being a freeholder, presuming to vote, forfeits 500 lbs tobacco. |
| And if, upon any suit brought, the question shall arise, whether any person be a freeholder, or not? In such case, the Onus Probandi shall lie upon the defendant. And if the election of any burgess or burgesses cannot be determined, upon the view, by consent of the freeholders, the sheriff, or, in his absence, the under-sheriff shall proceed to take the poll in manner following; to wit, he shall appoint such and so many person or persons, as to him shall seem fit, to take in writing, the name of every freeholder who gives his vote, and the person or persons he votes for; which person or persons so appointed, shall first take an oath for his true and impartial taking the poll; which oath the sheriff, or, in his absence, the under-sheriff, is hereby impowered and required to administer; and then (the sheriff, or under-sheriff, as aforesaid, having provided one or more book or books for that purpose, as occasion shall require) in the court-house of the county, in presence of the several candidates nominated, if they will be present, or such other persons, as (if they think fit) they may appoint to see the poll fairly taken, the person or persons so appointed and sworn as aforesaid, shall take the poll as followeth; to wit, first he or they shall write down the names of all the candidates, every one in a several page of the book, or in a particular column; and then the name of every freeholder coming to give his vote, shall be fairly written in the several pages or columns respectively, under the name or names of such person or persons as he shall vote for: Provided, that no freeholder, who, at such election, shall have given his vote for two persons, shall be permitted to vote or poll for any more. and when every freeholder present, shall have given his vote in manner as aforesaid, (or upon proclamation three times made at the court-house door, if no more freeholders will give their votes) the sheriff, or under-sheriff as aforesaid, shall conclude the poll; and afterwards, upon examination thereof whatsoever person or persons of the candidates shall appear to have the most votes, the sheriff, or under-sheriff as aforesaid, shall return him or them burgess or burgesses; and if two or more candidates shall have an equal number of votes, the sheriff, or undersheriff as aforesaid, being a freeholder, shall and may return which of them he thinks fit: And every freeholder, | Method of taking the poll. And returning the burgesses. See ch. 2, 1736. |
| before he is admitted to a poll at any election, if it be required by the candidates, or any of them, or any other freeholder in their behalf, shall take the following oath; which oath the sheriff, or under-sheriff as aforesaid, is hereby impowered and required to administer; to wit, | Freeholders, if required, shall be sworn. |
| YOU shall swear, that you are a freeholder of the county of and that you have not been before polled at this election. | The oath. |
| And in case any freeholder, or other person, taking the said oath, shall thereby commit wilful and corrupt perjury, and be thereof convicted; or if any person do unlawfully and corruptly procure or suborn any freeholder, or other person, to take the said oath, in order to be polled, whereby he shall commit such wilful and corrupt perjury, and shall be thereof convicted, he or they, for every such offence, shall forfeit and pay the sum of ten pounds current money; one moiety thereof to our sovereign lady the Queen, her heirs and successors; for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to him or them that will inform or sue for the same: To be recovered, with costs, in any court of record within this dominion, by action of debt, bill, plaint, or information, in which no essoin, protection, or wager of law, shall be allowed. | Punishment of perjury, or subornation; See ch. 2, 1736, Sect. 7. |
| V. And for prevention of disputes which may hereafter arise in elections of burgesses, who shall be accounted and pass for freeholders, | |
| VI. Be it enacted, by the authority aforesaid, and it is hereby enacted and declared, That every person who hath an estate real for his own life, or the life of another, or any estate of any greater dignity, shall be accounted a freeholder, within the meaning of this act. | Who shall be accounted freeholders; See as before sect. 2, 4, 5, 6. |
| VII. And after the election shall be made, in manner as herein is before directed, the sheriff, or under-sheriff as aforesaid, shall make return thereof in manner following; to wit, upon the writ shall be indorsed thus; | Form of the returns. |
| The execution of this writ appears in a certain schedule hereto annexed. |
| And in the Schedule to the writ annexed, the execution thereof shall be certified as followeth, mutatis mutandis, viz. | |
| BY virtue of this writ to me directed, in my full county, held at the court-house for my said county, upon the day of in the year of the reign of by the grace of God, of England, Scotland, France, and Ireland, Queen, defender of the faith, &c. by the assent of my said county, I have caused to be chosen (two Burgesses) of my said county, to wit, A. B. and C. D. to act and do, as in the said writ is directed and required. | For a county. |
| And for the College of William and Mary, or for any town, the form of the return shall be thus; | For William & Mary College, or, a town. |
| BY virtue of this writ to me directed, I did make lawful publication thereof; and afterwards, to wit, upon the day of in the year of the reign of by the grace of God, of England, Scotland, France, and Ireland, Queen, defender of the faith, (at the town of ) or (at the said College) by the assent of the (freeholders) or (President and masters, or Professors) thereof, I have caused to be chosen one Burgess for the said (town) or (College) to wit, A. B. of to act and do, as in the said writ is directed and required. | |
| And if at any time, any candidate, or other person, in his behalfe, shall desire a copy of the poll, the sheriff or under-sheriff, who manages the election, as soon as may be, shall cause a fair copy thereof to be made, and shall deliver it, attested with his own hand, unto such candidate, or other person, as shall require the same as aforesaid. | Sheriff shall deliver a copy of the poll, upon request. |
| VIII. And if, upon the death or incapacity of any member or members of the house of burgesses, the sheriff of any county shall receive a writ for the election of one or more burgess or burgesses, during the session of the general assembly; in such case, he is hereby required to appoint such and so many persons as to him shall seem fit, to give notice thereof, and of the time and place of election, unto every particular | And shall execute new writs in the room of Burgesses dead or disabled. |
| freeholder residing within the county for which such election is to be made; which election shall be made as soon as possible, in manner as is herein before directed, and the person or persons so elected, shall be returned in form aforesaid. And if the sheriff of any county, or in his absence, the under-sheriff, (being thereunto required, before the return be made, by any candidate of freeholder) shall refuse to take the poll, or shall take it in other manner than is herein directed, or shall refuse to give a copy of the poll as aforesaid, or shall make any false return, or insufficient return, or shall fail to make any return, or shall make any return in any other form than is herein before directed, every such sheriff or under-sheriff as aforesaid, offending herein or in any of these cases respectively, shall forfeit and pay the sum of forty pounds sterling; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to him or them that will inform or sue for the same: To be recovered, with costs, in any court of record within this dominion, by action of debt, bill, plaint, or information, in which no essoin, protection, or wager of law, shall be allowed. | Penalty on sheriffs & under-sheriffs refusal or neglect. |
| IX. And be it further enacted, That the sheriff of every county shall return every writ to him directed for the election of one or more burgess or burgesses, and shall cause the same to be safely delivered to the clerk of the secretary's office for the time being, or to such other person as shall attend in the said office, to receive the same, at least the day before the day mentioned in any such writ for the return thereof: And if any sheriff shall neglect or fail performing his duty herein, he shall forfeit and pay the sum of two thousand pounds of tobacco; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the better support of the government of this her majesty's dominion, and the contingent charges thereof; and the other moiety thereof to him or them that will in form or sue for the same: To be recovered, with costs in any court of record within this dominion, by action of debt, bill, plaint, or information, in which no essoin, protection, or wager of law, shall be allowed. | Returns shall be to the secretary's office. Penalty. |
| X. And be it further enacted by the authority aforesaid, That no person or persons hereafter to be elected to serve in the General Assembly for any county, town, or corporation, within this dominion, after the test, or issuing out or ordering of the writ or writs of election, upon the calling, or summoning of any General Assembly hereafter, or after any place becomes vacant hereafter, in the time of this present, or any succeeding General Assembly, shall or do by himself or themselves, or by any other ways or means, on his or their behalf, or at his or their charge, before his or their election, to serve in the General Assembly for any county, town, or corporation, within this dominion, directly or indirectly, give, present, or allow to any person or persons having voice or vote in such election, any money, meat, drink, entertainment, or provision; or make any present, gift, reward, or entertainment; or shall at any time hereafter make any promise, agreement, obligation or engagement, to give or allow any money, meat, drink, provision, present, reward, or entertainment, to or for any such person or persons in particular, or to any such county, town, or corporation in general, or to or for the use, advantage, benefit, emploiment, profit, or preferment of any such person or persons, county, town or corporation, in order to be elected, or for being elected to serve in the General Assembly for any such county, town, or corporation. | No candidate shall give or promise, &c. any money, treat, present, preferment, &c. to any freeholder, county or corporation. |
| XI. And be it further enacted and declared, That every person or persons so giving, presenting or allowing, making, promising or engaging, doing, acting or proceeding, shall be, and are hereby declared and enacted to be disabled and incapacitated, , upon such election, to serve in the General Assembly for such county, town or corporation; and that such person or persons shall be deemed and taken, and are hereby declared and enacted to be deemed and taken no members of the General Assembly, and shall not act, sit, or have any vote or place in the General Assembly; but shall be, and are hereby declared and enacted to be, to all intents, constructions, and purposes, incapacitated, as if they had never been returned or elected members for the General Assembly. | Persons making or promising presents, &c. disabled to sit in the house of burgesses. |
| XII. And be it further enacted and declared, That no person under the age of one and twenty years, shall be capable |
| of being elected to serve in the General Assembly; neither shall any person be capable to be a burgess for any county, unless, at the time of such election, he shall be a freeholder in the same county; but every such election shall be, and is hereby declared to be, illegal and void. | Election of infants, or persons not freeholders, void. See ch. 10, 1730. |
| XIII. And be it further enacted and declared, That all and every member and members of the General Assembly are, and ought to be, and for ever hereafter shall be, in their persons, servants, and estates, both real and personal, free, exempted, and privileged, from all arrests, attachments, executions, and all other process whatsoever, (save only for treason, felony, or breach of the peace,) during his or their attendance upon the General Assembly, by the space of ten days before the beginning, and ten days after the conclusion of every session of assembly: And if any process shall be depending against any such member or members before his or their election, such process shall be staied, and shall not be proceeded upon against such member or members, by the space of ten days before and after every session as aforesaid, and shall then be again revived, and may be prosecuted, as otherwise it might have been, without any discontinuance or abatement thereof, by reason of such being staied as foresaid. And if at any time hereafter, the General Assembly shall be prorogued or adjourned for any longer time than twenty days; in such case it shall be lawful to commence any process against any member or members of the General Assembly: Provided always, that such process be staied as aforesaid, by the space of ten days before and after every session or meeting, by prorogation or adjournment as aforesaid. | Privilege of the members of the General Assembly. |
| XIV. And be it further enacted by the authority aforesaid, That the allowances for burgesses attending at the General Assembly, shall be as followeth; that is to say, for every burgess coming by land, shall be allowed and paid by the county for which he serves, one hundred and thirty pounds of tobacco and cask, a day, besides the necessary charge of ferriage. And for every burgess which cannot come to the General Assembly, otherwise than by water, there shall be allowed and paid as aforesaid, one hundred and twenty pounds of tobacco and cask, a day. And over and above the | Burgesses allowances; see ch. 7, 1730. |
| said daily allowances, there shall be paid and allowed, for going and returning to and from the General assembly as followeth; to wit, To every burgess for the counties of James-City, York, Warwick, Elizabeth-City, New-Kent, Gloucester, Charles-City, Surry, and Isle of Wight, the allowance of one day for coming, and one day for returning. And to every burgess for the counties of Henrico, Nansemond, Norfolk, Princess-Anne, King-William, Prince-George, King and Queen, Middlesex, and Essex, the allowance of two days for coming, and two days for returning. And to every burgess for the counties of Lancaster and Richmond, the allowance of three days for coming, and three days for returning. And to every burgess for the counties of Stafford, Northumberland, Westmoreland, Northampton, and Accomack, the allowance of four days for coming, and four days for returning. And where the burgesses come by water, the sheriff is hereby required and impowered, by impressing, or otherwise, to provide a boat or two men, to carry the burgesses of his county respectively, to and from the General Assembly; for which boat, men, and their necessary provision, shall be allowed and paid as aforesaid, thirty-six pounds of tobacco for every day, during the time they are preforming that service. But forasmuch as the burgesses for the counties of Accomack and Northampton cannot come in a boat to attend the General Assembly, therefore the sheriff of each of those two counties is hereby required and impowered, by impressing, or otherwise, to provide a sloop and men, to carry the burgesses of his county respectively, to and from the General Assembly; for which sloop, men, and their necessary provisions, shall be allowed and paid as aforesaid, sixty pounds of tobacco for every day, during the time they are performing that service. | This part repealed and altered by Ch. 14, 1736, sect. 2. |
| XV. And be it further enacted, by the authority aforesaid, That at the time and place of election of burgesses for any county within this dominion, the sheriff, or in his absence, the under-sheriff of such county respectively, at the door of the court-house, by proclamation to be there three times made, between the hours of one and three of the clock in the afternoon, shall give public notice of the time appointed for a court to be held, for receiving and certifying to the next session of the | Propositions & grievances. |
| General Assembly the propositions and grievances, and the public claims of all and every person and persons within his county; which propositions and grievance shall be signed by the person or persons presenting the same to the court; and thereupon the chief magistrate then present, or the clerk, by the direction of the court, shall certify the same to the General Assembly, and shall deliver the same to the burgesses for the county, to be by them presented accordingly. And in like manner, a court for receiving and certifying propositions and grievances, and public Claims as aforesaid, shall be appointed and held in each county respectively, before every session of the General Assembly: And the sheriff of the county is hereby required to cause public notice to be given of the time appointed for the holding such court at every respective church an chapel within his county. | And public claims. To be certified to the Assembly, See ch. 8, 1705. Notice. | |
CHAP. III. | ||
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| I. FOR the more regular nomination and appointment of sheriffs, Be it enacted by the Governor, Council and Burgesses of this present general assembly, and it is hereby enacted, by the authority of the same, That the court of every county within this dominion, at some convenient time between the last day of January, and the last day of March, yearly, shall present to the governor, or commander in chief of this dominion for the time being, a list or recommendation of three such persons (being justices) in the same county court respectively, as they shall think most fit and able to execute the office of sheriff for their respective counties, for the year then ensuing; of which three | Sheriffs, when and how to be recommended & commissioned. |
| persons so recommended, the said governor, or commander in chief shall accordingly commissionate such one as to him shall seem meet, for the executing the said office for the near then next coming. | |
| II. Provided always, That it shall and may be lawful for the governor, or commander in chief of this dominion, for the time being, to continue any person, as to him shall seem fit, in the office of sheriff of any county, by the space of two years, next immediately succeeding each other; any thing herein contained to the contrary, notwithstanding. | How long continued in office. |
| III. And be it further enacted, by the authority aforesaid, That noe person shall at any time hereafter be capable to execute or enjoy the office of sheriff of any county within this dominion, unless such person, at the time of his entring into and upon the said office, shall be a justice of the peace in the same county respectively; neither shall it be lawful for any person to execute or enjoy the said office for any longer than two years next succeeding each other. | None but justices to be sheriffs; and not more than two years. |
| IV. And be it further enacted, by the authority aforesaid, That when any person shall have obtained a commission for the office of sheriff of any county, before he shall be admitted to take the oath of a sheriff, or shall enter upon the execution of his said office, he shall, at the court of his county, enter into bond to our sovereign lady the Queen, her heirs and successors, with two good and sufficient sureties at the least, in the sum of one thousand pounds sterling, for his true and faithful performance of his office: Which bond the said county court is hereby impowered and required t take, and cause to be acknowledged before them in open court, and recorded in the records of their county. | Sheriff to give bond and security. |
| V. And be it further enacted, by the authority aforesaid, That every sheriff by himself, or his lawful officers, or deputies, shall execute all such writs and precepts, as from time to time shall be directed, according to the demand thereof; and also shall make due return thereof, in manner following; that is to say, all writs returnable in any county court, shall be executed, and returns thereof made, at the least two days, excluding Sunday, before the day therein mentioned for the return: and all writs returnable in the General Court, shall be executed as is directed in the act for establishing | Sherif, by himself or deputy, to execute, and return process. |
| the general court, and return thereof shall he made, at the least three days, excluding Sunday, before the day therein mentioned for the return. And every sheriff failing to make sufficient return of all writs and precepts to him directed as aforesaid, and according to the several times herein before limited, shall, for every such offence, forfeit and pay the sum of one thousand pounds of tobacco; one moiety thereof to our sovereign lady the Queen, her heirs and successors, for and towards the support of the government of this her majesty's colony and dominion, and the contingent charges thereof; and the other moiety to the party grieved: To be recovered by action of debt, bill, plaint or information, in any court of record within this dominion, in which no essoin, protection, or wager of law shall be allowed. And moreover, such sheriff so failing as aforesaid, shall be liable to an action at the common law, at the suit of the party grieved, for any damage which shall be sustained by such failure. And if any sheriff, by himself, officer or deputy, having executed any writ or precept to him directed, shall by himself, officer, or deputy, make a false return thereof, every such sheriff so offending, shall forfeit and pay the sum of three thousand pounds of tobacco: To be recovered and divided as aforesaid; and also shall be liable to an action at the common law, at the suit of the party grieved, for any damage which shall be sustained by such false return. | Return days. Penalty for failure. How appropriated. Penalty for false return. |
| VI. Provided always, That it shall not be lawful for any sheriff, or his officer, or deputy, to execute any writ or precept upon the Lord's Day, commonly called Sunday, nor upon any person attending or doing his duty at any muster of the militia, or at any election of burgesses: and the execution of any writ or precept, contrary to the true meaning hereof, is hereby declared to be null and void; any thing herein contained, or any law, custom, or usage to the contrary, notwithstanding. | Process executed on Sunday, or at musters, or elections void. |
| VII. Provided nevertheless, That it shall and may be lawful for the sheriff, his officer, and deputy, at any time and place whatsoever, to arrest and apprehend any person for treason, or felony, or suspicion of felony, or being accessory thereto; or for any riot, or breach of the peace; or upon any escape out of prison; | But, for treason, felony, breaches of the peace, or escapes, may be executed at any time. |
| any thing herein contained to the contrary thereof, notwithstanding. | |
| VIII. And be it further enacted, by the authority aforesaid, That no sheriff, or any of his officers, or deputies, shall take, or cause to be taken, or made, any obligation, for any cause whatsoever, by colour of their office, but only to themselves, of any person, nor by any persons, which shall be in their ward, by the course of the law, but by the name of their office, and upon condition written, that the prisoner or prisoners shall appear at the day contained in the writ, bill, or warrant, and in such places as the said writs, bills, or warrants shall require. And if any sheriff, or other officer take an obligation in other form, by colour of their offices it shall be void. | Obligations, how to be taken by sheriffs. |
| IX. Provided always, That it shall and may be lawful to and for any sheriff, or other officer, to take such other obligation of any person or persons in their ward, as is, or shall be particularly and expressly directed by any other act, upon any special case therein mentioned; any thing herein contained to the contrary, notwithstanding. | Proviso. |
| X. And be it further enacted, That if any writ or precept in any civil action, shall be delivered to any sheriff, or other officer, to attach the body of any person which is not to be found within the county where such sheriff, or other officer resides; in such case, return of the same writ or precept, within the time herein before limited, shall be made, according to the truth of the case: And if the person, against whom such writ or precept issued, shall not appear, being thereto lawfully called by proclamation in open court, at the return thereof, an attachment shall be awarded against his estate, returnable to the next court; at which time, if the defendant shall fail to appear, the estate so attached, or so much thereof, as shall be sufficient to pay what shall appear to be due to the plaintiff, with the costs of suit, shall, by rule of court, be ordered to be appraised, and delivered to the plaintiff for his satisfaction therein: but if, at the return of the attachment as aforesaid, the defendant shall appear, then the attachment shall cease and become void, and the trial shall proceed, as in other like cases, if the defendant had appeared at the return of the first writ or precept. | Returns to be according to the truth of the case. Attachment, for non appearance. |
| XI. Provided always, That no sheriff, or other officer shall make return upon any writ or precept, that the person against whom the same issued, is not to be found, until he shall actually have been at the dwelling-house, or place of residence of such person, and not finding him, shall have there left an attested copy of the same writ or precept. | Non est inventus, when to be returned. |
| XII. Provided also, That if any writ or precept shall be delivered to any sheriff, or other officer, to attach the body of any person being a known inhabitant of another county, and not of the county where the said sheriff, or officer resides; in such case, the sheriff, or officer shall make return, according to the truth of the case; and not that the person is not to be found in his county, and thereupon the process shall abate and be dismissed. | Writ against a non-resident of the county to abate by return. |
| XIII. And be it further enacted, That all and every other act and acts, and every clause and article thereof heretofore made, for so much thereof as relates to prescribing the method of appointing sheriffs, or limiting the time of their continuance in office, or directing them in the execution thereof, in or concerning any matter or things within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| Pages 216-228
| Pages 250-270
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