Pages 229-250 
|  Pages 270-287
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| Pages 229-250
| Pages 270-287
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| CHAP. IV. | |
| An act declaring who shall not bear office in this country. | Edi. 1733 and 1752. |
| 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 no person whatsoever, already convicted, or which hereafter shall be convicted in her majestys kingdom of England in this or in her majestys kingdom of England in this or in any other her majestys dominion, colonies, island, territorys or plantations, or in any other kingdom, dominion or place, belonging to any foreign prince or state whatsoever, of treason, murther, fellony, blasphemy, perjury, forgery or any other crime whatsoever, punishable by the laws of England, this country, or other place wherein he was convicted with the loss | Persons convicted of treason, murder, felony, blasphemy, perjury, forgery, or other crime punishable with loss of life and member, declared incapable of holding any office. |
| of life or member, nor any negro, mulatto or Indian, shall, from and after the publication of this act, bear any office, ecclesiasticall, civill, or military, or be in any place of public trust or power, within this her majestys colony and dominion of Virginia, and that if any person convicted as aforesaid, or negro, mulatto or Indian shall presume to take upon him, act in, or exercise any office, ecclesiasticall, civill or military, or any place of publick trust or power, within this colony and dominion, notwithstanding he be thereunto in any manner whatsoever comissionated, appointed, chosen or impowered, and have a pardon for his crime, he shall for such his offence, forfeit and pay five hundred pounds current money, and twenty pounds of like money for every month he continues to act in or exercise such office or place after a recovery made of the said five hundred pounds, one moiety thereof to our sovereign lady the queen, her heirs and successors for and towards the better support of this government and the contingent charges thereof, and the other moiety to him or them that will inform or sue for the same, in any court of record within this here majestys colony and dominion, by action of debt, bill, plaint or information, wherein no essoin, protection, or wager of law, shall be allowed. | Penalty, on such, or on any negro, mulatto, or Indian, for exercising an office. How recovered, and appropriated. |
| Provided nevertheless, and it is hereby meant and intended, That nothing in this act contained, shall extend to disable any person who before the making of this act hath been convicted as aforesaid in this her majestys colony and dominion, and hath obtained the king's or queen's pardon, from taking and bearing any office, ecclesiasticall, civill or military, or from accepting and exercising any place of public trust or power, whereunto he hat been heretofore, or shall be hereafter commissionated, appointed, chosen or impowered, but that it shall be lawfull for every such persons to take and bear any such office, and accept and exercise any such place without being lyable to any fine or penalty for the same, as if this act had never been made. | Not to extend to persons, heretofore convicted, and pardoned. |
| And be it further enacted, by the authority aforesaid, and it is hereby enacted, That no person whatsoever, shall, from and after the publication of this act, bear any office, civill or military, or be in any place of publick trust or power, within this her majestys colony and | No person to bear office until after a residence of three years in this country. |
| dominion of Virginia, untill he hath been a personal resident in the same the full term of three years, and that if any person whatsoever do presume contrary to this act to take upon him, act in, or exercise any office civill or military, or any place of trust or power within this colony and dominion, notwithstanding he be thereunto in any manner whatsoever comisionated, appointed or chosen before he hath personally resided therein three years as aforesaid, he shall for such his offence, forfeit and pay five hundred pounds current money, and twenty pounds of like money for every month he continues to act in, or exercise such office or place after a recovery made of the said five hundred pounds, untill he hath been three years in this country according to the tenor of this act, to be recovered an divided as aforesaid. | Penalty. How recovered and appropriated. |
| Provided always, and it is the true intent and meaning of this act, That all natives of this her majestys colony and dominion, and such persons as have commissions from her majesty, her heirs or successors, be excepted, and that it be lawfull for every such native and person to bear any office, civill or military, or to be in any place of trust or power before hath resided three years according to the directions of this act, without being lyable to an fine or penalty for it, any thing in this act before contained, to the contrary notwithstanding. | Not to extend to natives, or those having commissions from the crown. |
| And for clearing all manner of doubts which hereafter may happen to arise upon the construction of this act, or any other act, who shall be accounted a mulatto, | |
| Be it enacted and declared, and it is hereby enacted and declared, That the child of an Indian and the child, grand child, or great grand child, of a negro shall be deemed, accounted, held and taken to be a mulatto. | Who shall be deemed mulattos. |
| And be it further enacted, That all and every other act and acts, and every clause and article heretofore made for so much thereof as relates to declaring who shall not bear office in this country, is, and are hereby repealed and made void, to all intents and purposes as if the same had never been made. | Repealing clause. |
| CHAP. V. | ||
| ||
| I. FOR prevention of such inconveniencies and disadvantages as reasonably may be expected in a short time to fall upon the inhabitants of this colony and dominion, in the sale or shipping of their tobacco, in case like provision be not made, as hath been heretofore, against importing or bringing tobacco hither from parts without the Capes, | Preamble. | |
| II. 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 such importation from henceforth be, and by virtue of this act remain, prohibited and forbidden; and that if any tobacco hereafter, in any-wise whatsoever, shall be imported or brought from Carolina, or parts without the Capes, into this colony and dominion, in order to be here laid on shore, sold, or shipped, the same shall be thereby forfeited and lost; one moiety to our sovereign lady the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him, her, or them, that shall inform or sue for the same in any court of record within this her majesty's colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | Tobacco imported from Carolina, or other parts without the Capes, forfeited. Penalties, how appropriated. | |
| III. Provided always, That nothing aforesaid shall be construed to hinder the inhabitants of this colony and dominion, merchants, or others, to bring their tobacco round the Capes, for the purposes aforesaid, if it be of the growth of this colony, but that such importation shall be lawful, and shall be so accounted, deemed, and taken; any thing in this act before contained to the contrary, notwithstanding. | Not to extend to inhabitants, bringing tobacco of the growth of the colony. | |
| IV. Provided nevertheless, and it is enacted, by the authority aforesaid, That such tobacco shall be laden or put on board any boat, sloop, or other vessel, in order to be brought round the Capes as aforesaid, before the owner thereof (by his own oath at least) make it appear to the collector of the two shillings per hogshead | But such tobacco, not to be brought without a certificate of the collector, &c. |
| for the district where such tobacco is to be taken in, that the said tobacco is all of the growth of this colony, and obtain his certificate or permit concerning the same: And that if any tobacco, though of the growth of this colony, be brought round the Capes without such certificate or permit, the said tobacco shall be thereby forfeited and lost, and shall also be divided, as other tobacco imported or brought into this colony, from parts without the Capes; any thing in the aforesaid proviso of this act to the contrary, notwithstanding. | |
| V. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and every clause and article thereof heretofore made, for so much thereof as relates to importing Tobacco from Carolina, and other parts without the Capes of Virginia, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
 CHAP. VI. An act for ascertaining the gauge of barrels for pork, beef, tar, and pitch. | |
| I. FOR prevention of frauds and abuses frequently practised by greedy and avaricious traders in pork, beef, tar and pitch, who, for their own private lucre and gain, not only make and set up, or cause to be made and set up, small barrels, but also slightly pack, and deceitfully fill the same, to the great prejudice of the trade of this her majestys colony and dominion, in the said commodities and merchandizes, | Preamble. |
| II. 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 from and after the nine and twentieth day of September next, all and every barrel or barrels, which shall be made and set up, to put pork, beef, tar, or pitch into; and also all and every barrel or barrels, wherein pork or beef shall be packed, or wherein tar or pitch shall be filled, either for exportation out of, or for sale within, this her majesty's colony and dominion, shall be of a size, gauge and dimension, large enough to hold and contain, at least, the quantity of thirty-one gallons and an half of Winchester measure; and that the contents of | Size of barrels for pork, beef, tar or pitch. Quantity of pork or beef, in a barrel. |
| every pork barrel, at exportation or sale, shall be at least two hundred and twenty pounds of neat pork, and of every beef barrel the like quantity of neat beef; and that every tar barrel shall be filled with clear tar, and every pitch barrel with true made pitch, without the least mixture of any sort of trash whatsoever. | Quality of tar and pitch. |
| III. And to the end, all and every barrel or barrels to be hereafter made use of, for any the purposes aforesaid, may from time to time be set up, or packed, and filled, according to the directions of this act, | |
| IV. Be it enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever person or persons professing or using the craft, mistery, or occupation of a cooper; or whatsoever other person or persons, which, without pretending to the profession of a cooper, make and set up cask for his or their own proper use only, shall, after the said nine and twentieth day of September, make or set up, any barrel or barrels for pork, beef, tar, or pitch, of a less size, gauge, and dimension, than is directed by this act; all and every such person or persons shall, for every barrell so made and set up, forfeit and pay the sum of five pounds current money. | Penalty for making smaller barrels. |
| V. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall pack pork or beef, for sale, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall, in any barrel or barrels, pack less pork or beef, than this act requires, that is to say, sufficient to make each barrel hold out, at exportation or sale, the quantity directed by this act, to be the quantity and contents of a barrel of pork, or a barrel of beef; all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current money. | For packing a less quantity of pork or beef. |
| VI. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall put or fill tar or pitch, for sale, in any barrel or barrels made and set up, contrary to this act, in size, gauge, or dimension; or shall fill up or mingle any barrel or barrels of tar with any trash or mixture of any other matter or thing than clean tar; or any barrel | For tar or pitch, of less gauge, or mixed with other matter. |
| or barrels of pitch, with any trash or mixture of any other matter or thing than true made pitch; all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch, and besides that, ten shillings for every such barrel of tar and twenty shillings for every such barrel of pitch. | |
| VII. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall export out of this her majesty's colony and dominion, to any other port or place, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, pork or beef, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall export, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, any barrel or barrels of pork, of less neat contents in pork, or any barrel or barrels of beef, of less neat contents in beef, than this act directs; all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current money. | On exporter of beef or pork. |
| VIII. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall export out of this her majesty's colony and dominion, unto any other port or place, or put on board any ship, bark, sloop or other vessel, in order to be exported as aforesaid, any tar or pitch, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall export, or put on board any ship, bark, sloop, or other vessel, in order to be exported as aforesaid, any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than true made pitch, all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch; and besides that, ten shillings for every such barrel of tar, and twenty shillings for every such barrel of pitch. | Of tar and pitch. |
| IX. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after |
| the said nine and twentieth day of September, shall barter away, bargain for, or sell, or expose or offer to sale, in any way whatsoever, within this her majesty's colony and dominion, any pork or beef, in any barrel or barrels made and set up, contrary to this act, in size, gauge, and dimension; or shall barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever as aforesaid, any barrel or barrels of pork, of less neat contents in pork, or any barrel or barrels of beef of less neat contents in beef, than this act directs, all and every such person or persons shall, for every such barrel, forfeit and pay the sum of five pounds current money. | For bartering or selling pork or beef, in barrels, contrary to law. |
| X. And be it further enacted, by the authority aforesaid, That whatsoever person or persons, from and after the said nine and twentieth day of September, shall barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever, within this her majesty's colony and dominion, any tar or pitch, in any barrel or barrels made and set up, contrary to this act, in size, gauge, or dimensions or shall barter away, bargain, or sell, or expose or offer to sale, in any way whatsoever as aforesaid, any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than clean tar, or any barrel or barrels of pitch, filled up, or mingled with any trash, or mixture of any other matter or thing, than true made pitch, all and every such person or persons shall forfeit and lose all and every such barrel or barrels of tar or pitch; and besides that, ten shillings for every such barrel of tar, and twenty shillings for every such barrel of pitch. | And tar and pitch. |
| XI. And forasmuch as pork, beef, tar, and pitch, are often in barrels, imported and brought hither from Carolina, and other parts and places, to be sold: For prevention of frauds and abuses therein. | |
| XII. Be it enacted, by the authority aforesaid, and it is hereby enacted, That whatsoever person or persons, from and after the said nine and twentieth day of September shall import or bring into this her majesty's colony and dominion, from Carolina, or any other port or place whatsoever, by land or water, any pork, beef, tar, or pitch, in barrel or barrels of less size, gauge, and dimension, than this act directs, or any barrel or barrels of pork, of less neat contents in pork, or any | The like penalties, for pork, &c. imported in barrels, contrary to law. |
| barrel or barrels of beef, of less neat contents in beef, than this act directs, or any barrel or barrels of tar, filled up, or mingled with any trash, or mixture of any other matter or thing than clean tar, or any barrel or barrels of pitch, filled up, or mingled with any trash, or mixture of any other matter or thing than true made pitch; and shall here bargain away, barter, or sell, or expose or offer to sale, in any way whatsoever, to any person or persons whatsoever, such barrel or barrels of pork, beef, tar, or pitch, or any of them; all and every such person or persons shall be liable to, and pay the forfeitures and penalties mentioned in this act, for every barrel bartered away, bargained, or sold, or exposed or offered to sale, contrary to this act: All which forfeitures and penalties aforesaid, shall be divided into two equal parts; to wit, one moiety to our sovereign lady the queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them that will inform or sue for the same: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record within this her majesty's colony and dominion, in which no essoin, protection, or wager of law, shall be allowed. | How appropriated. |
| XII. 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 ascertaining the gauge of barrels for pork, beef, tar, and pitch, or to any other matter or thing 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. |
CHAP. VII. An act concerning Tithables. | |
| I. 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 all male persons, of the age of sixteen years, and upwards, and all negro, mulatto, and Indian women, of the age of sixteen years, and upwards, not being free, shall be, and are hereby declared to be tithable, or chargeable, | Who shall be deemed tithables. |
| for defraying the public, county, and parish charges, in this her majesty's colony and dominion; excepting such only, as the county court, and vestry, for reasons, in charity, made appear to them, shall think fit to excuse. | |
| II. And to the end, that the age of all children imported, or that shall be imported, who are, or shall be in a capacity of becoming tithable, within the intent and meaning of this act may be ascertained, | |
| III. Be it further enacted by the authority aforesaid, and it is hereby enacted, That the owner or purchaser of every child, being a servant, and the parent or importer of every child, being free, at the first, second, or third court, held for the county where such child shall be, after the arrival of the said child in this country, shall bring the said child before the county court, to have its age adjudged by the court; otherwise the said child to be accounted, and thereafter immediately become tithable as aforesaid, although not of the age of sixteen years: And the age of such child being adjudged by the court, shall be entered upon the records of the said court; and be accounted, deemed, and taken for the true age of the said child, in order to its becoming tithable, within the intent and meaning of this act. | Ages of children imported to be adjudged, or deemed immediately tithable. |
| IV. And for the regular and exact taking account of the tithable persons in this her majesty's colony and dominion. | |
| V. Be it enacted, by the authority aforesaid, and it is hereby enacted, That the court of each county, divide the same into convenient precincts, and annually appoint one of the justice for each of the said precincts, to take a list of the tithables; every which justice, in convenient time, before the tenth of June then next following, shall give notice of his being appointed thereto, and of the place he designs to take the same at, by setting up a note thereof, at the church or chapel door of the precinct he is appointed for; and shall attend the same, on the said tenth day of June, if it happen not to be of a Sunday, and then on the next day following. And also in August court then next following, shall deliver the list so by him taken, together with the subscriptions of the tithables, to the clerk of the county court; who shall, the next court day, set | Lists of tithables, how taken and returned. |
| fair lists thereof, up in the court-house, there to remain during the sitting of the court, for the view and inspection of all that please, and for the discovery of such as shall be concealed. | |
| VI. And for the greater certainty therein, Be it also enacted, by the authority aforesaid, and it is hereby enacted, That every master or mistress of a family, or in his or her absence, or non-residence at the plantation, his or her attorney, or overseer, shall, on the said tenth day of June, by a list under his or her hand, deliver, or cause to be delivered, to the justice appointed to take the same, the names and number of all the tithable persons abiding in, or belonging to, his or her family, the ninth of June, or the master or owner thereof, shall be adjudged a concealer, and be liable as a concealer of such and so many tithables as shall not be listed and given in, and listed, as afore is directed, shall forfeit and pay one thousand pounds of tobacco to the informer: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record in this her majesty's colony and dominion, wherein no essoin, protection, or wager of law shall be allowed. And if any justice appointed to take the lists of tithables, shall not truly enter and list the names and number of his own tithables in that district, in the list he give in, he shall be adjudged a concealer; and for every tithable person so by him concealed, and not listed, shall forfeit and pay one thousand pounds of tobacco, to the use aforesaid; and to be recovered, with costs as aforesaid, in manner and form aforesaid. | When and by whom to be delivered. Penalty on person taken for concealing his own. |
| VII. Provided nevertheless, That if it shall happen, that any master or mistress, or overseer of a family, shall, by sickness, absence, ignorance of the person or place, or other accident, omit to carry, or send, their list of tithables the said appointed tenth day of June, to the place and justice appointed, it shall be lawful to the person or persons so failing, to carry or send their lists to the said justice's house, at any time between the said tenth day of June, and the last day of the said month; and so doing, shall be free and acquit from the penalty and prosecution aforesaid; any thing in this act to the contrary, notwithstanding. | Further time allowed. |
| VIII. Provided also. That nothing herein contained, shall be construed to extend to the governor, or commander in chief of this her majesty's colony and dominion, for the time being, and his family; or to the person of any beneficed minister within this colony, so as to charge them, or either of them, as tithables, within the meaning of this act. | Who exempted from. |
| IX. 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 tithables, or any other matter or thing whatsoever, 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. |
CHAP. VIII. An act concerning Public Claims. | |
| I. BE it enacted, by the governor, council and burgesses of this present generall assembly, and it is hereby enacted, by the authority of the same, That a particular court shall be held in every county within this her majesty's colony and dominion, by the justices of the respective counties, at the court-house, before every session of assembly, for proof of all such debts as are to be paid by the public, which shall be none other than what are, or shall be so directed, by some particular act of assembly; and the said court shall be called a court for proof of public claims: and for holding the same, the sheriff of every county is hereby strictly required and enjoined to appoint a convenient day; upon which day, the justices of the county are hereby impowered and required to meet, for the purposes aforesaid; and the sheriff, and county clerk, are hereby also required to attend them. | Court of claims when to be held. |
| II. And be it further enacted, That if the sheriff, or county court clerk, shall fail to give their respective attendance at the court appointed for proof of public claims, the sheriff, or clerk, for such failure, shall be fined one thousand pounds of tobacco: And if any justice of the peace for the county where such court is appointed to be held, shall be absent from the said court, and a sufficient number of justices be not there to make | Penalty on sheriff, clerk, and justices, failing to attend. |
| a court, then every justice so absent, without reasonable cause, shall be fined the sum of five hundred pounds of tobacco; the one half of which fines shall be to our sovereign lady the queen, her heirs and successors, for the use of the county; and the other halfe to the informer: To be recovered by action of debt, bill, plaint, or information, in any court of record within this colony and dominion, wherein no essoin, protection, or wager of law, or more than one imparlance, shall be admitted or allowed. | |
| III. And to the end it may be ascertained, what proof the said courts shall take and allow, | |
| IV. Be it further enacted, by the authority aforesaid, and it is hereby enacted, That every person that hath any public claim to make, shall produce to the said court, the warrant or certificate upon which the claim is grounded, and shall exhibit a particular account of the services or disbursements claimed for; and shall make oath, or give some other sufficient proof before the court, that all and every the services, things, or disbursements, for and concerning which such claim is preferred and exhibited, are really, and bona fide, made, done, and performed, and that no satisfaction hath been received for the same. | Proof of public claims. |
| V. And be it further enacted, by the authority aforesaid, That proof of public claims being made as aforesaid, the clerk of the county court, in order to their allowance in the assembly, shall, by the burgesses of the county, transmit the said claims, and every of them, to the assembly, with the warrants or certificates, upon which they, and every of them, are grounded; and also indorse, upon every particular person's claim, that proof is made before the court, concerning the same; or shall thereunto annex a certificate thereof: All which, the said clerk shall do, ex officio, where it so happens, that any particular person's allowed claim, shall be under one hundred pounds of tobacco; and for every certificate upon an allowed claim, amounting to that sum, or more, the said clerk (in full of all fees for his trouble and certificate) shall be allowed twenty pounds of tobacco, by the country. | How certified. Fees of clerk. |
| VI. Provided, The claim be admitted in the assembly, upon examination there, to be a charge which ought to be paid by the country. | Proviso. |
| VII. And for prevention of such frauds as may be imposed upon the assembly, by two certificates for one and the same thing, and avoiding all occasion of looking far back to find out what public claims have been once allowed by the assembly. | |
| VIII. Be it enacted, by the authority aforesaid, and it is hereby enacted, That no public claim whatsoever, shall be hereafter allowed by the assembly, which is not proved as aforesaid, and returned to the first or second session of assembly, next after the same becomes due: And that every person concerned in such public claims, shall ever afterwards be excluded and barred from the benefit of this act. | Limitation of public claims. |
| IX. And be it also further enacted, by the authority aforesaid, That no sheriff whatsoever, within this her majesty's colony and dominion, shall, for the future, have from the country, any allowance, reward, or satisfaction, for public services, more than the laws appointing sheriffs fees do direct, and give for such service; and that all such services of the sheriff, as the said laws are silent about, or provide no reward or allowance for, shall be done, ex officio. | Fees of sheriffs for public services. |
| X. And for the better direction of the courts, appointed by this act, to pursue and follow the same in every respect, | |
| XI. Be it enacted, by the authority aforesaid, and it is hereby enacted, That all such courts shall, and they, and every of them, are hereby strictly required and enjoined, to cause this act to be duly read by their clerk, at the first opening of every such court. | This act to be read. |
| XII. 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 public claims, or to any other matter or thing whatsoever, 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. |
| CHAP. IX. | ||
| ||
| I. 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 several county courts within this her majesty's colony and dominion, shall, in the first place, admit, and they, and every of them, are hereby required, in the first place to admit the sheriff of their respective counties, for the time being, to be collector of the public and county levies raised therein. | Sheriffs to be collectors of levies. | |
| II. Provided always, and it is the true intent and meaning of this act, That every sheriff, before such his admittance, shall, at the court held for laying the county levy, enter into bond to our sovereign lady the queen, her heirs and successors, with two sufficient sureties, in double the sum which the public and county levies shall amount to, that he will honestly and faithfully collect, and duly pay and answer all the said public and county levies, unto the respective country and county creditors, for whom they shall be raised, in such parts and proportion to every creditor, as the same shall be ordered and directed to be paid. | Must give bond. | |
| III. Provided also, That if the sheriff of any county shall, at the laying of the county levy, refuse, or fail to give bond, with sureties as aforesaid, then it shall be lawful for the court of such county, and such county court is hereby impowered, to put the collection of the public and county levies into the hands of any other person such court think fit, which will give bond and security for his performance in collecting and paying the said levies, according to the aforesaid directions of this act. | On refusal, court may appoint another. | |
| IV. And be it enacted, by the authority aforesaid, and it is hereby enacted, That every sheriff, or other collector, of the public and county levies, or of secretary's, clerks, and sheriffs fees, shall, for every hundred pounds of tobacco he receives in an hogshead, for such levies or fees, allow to the payer of the same, eight pounds of tobacco, as a consideration and satisfaction for the cask, and so proportionable for a less sum than one | Allowance for cash. |
| hundred pounds of tobacco: And that if any sheriff, or other collector as aforesaid, shall refuse or deny to make the said allowance of eight per cent. as aforesaid, for all or any of the tobaccos which shall be paid him in an hogshead, on account of levies and fees as aforesaid, such sheriff, or collector, shall forfeit and pay to the party grieved, one hundred pounds of tobacco, for every eight pounds of tobacco due for the cask, which he refuses to pay for as aforesaid, and so proportionably for a less sum than eight pounds of tobacco: To be recovered, with costs, (if the forfeiture exceed not two hundred pounds of tobacco,) upon a complaint before any justice of the peace of the county, wherein such refusal shall be made; and if it do exceed that sum, by action of debt, in any court of record within this dominion, wherein no essoin, protection, or wager of law, shall be allowed. | Penalty for refusal. How recoverable. |
| V. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That it shall not be lawful for any sheriff, or other collector as aforesaid, to make seizure of any hogshead of tobacco paid away and marked, for any levies or fees put into his hands to collect, although the said levies or fees may be levied by distress, if the person owing such levies or fees, shall, at the same time, and on the same plantation, where the seizure is made, offer and tender other good and merchantable tobaccos for sattisfaction of the same. | When tobacco paid away and marked, not to be seized. |
| VI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any sheriff, or other collector as aforesaid, shall, for any levies or fees put into his hands to collect, and which may be levied by distress, make seizure of an hogshead of tobacco, containing neat more tobaccos, than is at that time due to him, for such levies or fees, such sheriff, or collector, shall suffer the debtor for such levies or fees, to take out of the hogshead all such surplus tobaccos, or make the said debtor immediate satisfaction for it. | Surplus of hogshead seized, to be immediately accounted for. |
| VII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That every sheriff, or other collector as aforesaid, having any public or county levies to demand of any person, who hath public or county levies in his hands, shall discount with such creditor, the tobaccos due for the said levies out of the | Discounts to be allowed. |
| said credit, or so much thereof as the credit in his hands shall amount to, without requiring or expecting any allowance from the creditor for the same. | |
| VIII. And to the end, no public or county creditor may be delaied or kept from receiving his just dues in convenient time, or exposed to a tedious law suit in recovering the same. | |
| IX. Be it enacted, by the authority aforesaid, and it is hereby enacted, That every sheriff, or other collector as aforesaid, shall take care to pay and satisfy all the public and county creditors concerned in the public or county levies put into his hands to collect, the respective sum or sums of tobacco due to every of them, out of the same, some time before the court held for that county whereof he is sheriff or collector as aforesaid, in the month of March, next after the collection is put into his hands: And that every public or county creditor, which shall be then unpaid by any sheriff or other collector as aforesaid, upon a complaint to that, or any succeeding court, shall have a judgment granted, with costs, against such sheriff, or other collector as aforesaid, and his sureties, for what shall be then due and owing, without any other process or farther delay; any former law, usage, or custom, to the contrary, notwithstanding. | When collectors to pay creditors. Judgment on failure. |
| X. Provided nevertheless, That if such complaint be made to any court succeeding March court, and the sheriff be then absent, he shall, by rule of court, be ordered to answer the complaint, at the next court; wherein if he fail, judgment shall be granted to the complainant against him and his sureties, for what shall then appear to be due, with costs. | Proviso, if the sheriff be absent. |
| XI. And forasmuch as sheriffs, or other collectors as aforesaid, may be prejudiced, if the public or county creditors, to whom they are to make paiments, neglect to receive the tobaccos due to them when ready: For remedy in such cases, | |
| XII. Be it enacted, by the authority aforesaid, and it is hereby enacted, Then when any public or county creditor, after ten days notice given by the sheriff, or other collector as aforesaid, that the tobacco due to such creditor, out of the public or county levy is ready, shall refuse or neglect to go or send to receive the same, then the sheriff, or other collector as aforesaid, shall at | How sheriff may tender payment. |
| any time afterwards have liberty to make a tender of the said tobaccos to such creditor, in manner as is directed by an act of this present General Assembly, intituled, An act for improving the staple of tobacco, and for regulating the size and tare of tobacco hogsheads; and upon such tender made and executed as aforesaid, shall have and receive the same benefit and advantage, that debtors, in other cases do, by virtue of the said act. | ||
| 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 the collection of the public and countie levies; and the paiment of the same to the respective creditors therein mentioned, or to any other matter or thing whatsoever, 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. | |
CHAP. X. | ||
| ||
| I. BE it enacted, by the governor, council, and burgesses, of this general assembly, and it is hereby enacted, by the authority of the same, That the court of every county within this dominion, at the charge of their respective county, shall cause to be built, and from time to time, for ever hereafter, shall maintain and keep in good repair, within their said county, one common goal, or county prison, to be built of brick, or timber, after the manner of Virginia housing; the chimnies and windows to be strongly grated with iron bars, and the doors to be well and strongly made secure with good locks and bars of iron; and also the court of every county shall cause to be built and maintained as aforesaid, within their county, (near the court-house) one pillory, whipping-post, and a pair of stocks: And if the court of any county within this dominion shall, at any time hereafter, fail to perform their duty herein, every magistrate | Prison, pillory, whipping-post and stocks, to be erected in each county. Penalty for failure. |
| of such court so failing, shall forfeit and pay the sum of five hundred pounds of tobacco; one moety thereof to the queen, her heirs and successors, for and towards the better support of the government, and the contingent charges thereof; and the other moiety to him or them that will inform or sue for the same: To be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record withing this dominion, in which no essoin, protection, or wager of law shall be allowed. And over and above the said forfeiture, such court so failing, shall be liable to pay all such sums as shall, from time to time, be recovered against the sheriff of their county, upon any escape which shall happen for or by reason of such failure to cause a prison to be built as aforesaid: which sum shall be recovered by the sheriff, (against whom any judgment for an escape as aforesaid shall be obtained,) his executors, and administrators, together with all costs and damages thereby sustained, in the general court, by action of debt, bill, plaint, or information, to be brought against them, or the survivors of them: And upon recovery in any such action, bill, plaint, or information, the general court is hereby impowered and required to ascertain how much every particular magistrate then living, (and the heirs, executors, and administrators of such as shall be deceased,) shall pay respectively; and accordingly, one or more executions shall and may be issued thereupon: And if the court of any county shall, at any time hereafter think fit, they are hereby authorised and impowered, at the charge of their county, to cause a ducking-stool to be built in such convenient place as they shall direct. | How recovered, and appropriated. Ducking-stools. |
| II. And for the preservation of the health of such persons, as shall, at any time hereafter, be committed to the said county prisons, the county court shall have power to mark out, by meets and bounds, such a parcel of land as they shall think fit, (not exceeding ten acres) adjoining to the prison, for the rules thereof: And every prisoner (not committed for treason, or felony) giving good security to keep within the said rules, shall have liberty to walk therein, out of the prison, for the preservation of his or her health: And every prisoner giving security as aforesaid, and keeping continually within the said rules, shall be, and is hereby adjudged and declared to be in law, a true prisoner: | Prison bounds. Who may have the benefit of. |
| And that every person therewith concerned, may know the true bounds of the said rules, the same shall be recorded in the county records, and the marks thereof, shall, from time to time, be renewed, as occasion shall require. | |
| III. And be it further enacted, That all and every other acts and acts, and every clause and article thereof, heretofore made, for so much thereof, as relates to directing the building and maintaining the prisons, pillories whipping-posts, stocks, and ducking-stools, in every county, and settling the rules of prisons, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
CHAP. XI. | |
| An act for the speedy and easy prosecution of Slaves, committing Capitall Crimes. | Edi. 1733 and 1752. |
| WHEREAS a speedy prosecution of slaves for capitall crimes is absolutely necessary, and that the same be done without the extraordinary charge usually attending the tryalls of criminalls in the general court, | Preamble. |
| 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 every slave comitting such offence as by the law ought to be sattisfyed by the death of the offender, or loss of member, shall be forthwith comitted to the comon goal of the county within which such offence shall be comitted, there to be safely kept, and that the sheriff of such county, upon such commitment, shall forthwith certify such comitment with the cause thereof to the governor or comander in chief of this her majestys colony and dominion for the time being, who is thereupon desired and impowered to issue out a comission of oyer and terminer, directed to such persons of the county as he shall think fitt, which persons forthwith after the receipt of such comission, are impowered and required to cause the offender to be publickly indicted and arraigned at the court-house of the said county, and to take for evidence the confession of the party or the oath of two credible witnesses, or of one with pregnant circumstances | Slaves committing capital crimes to be committed to prison. Commission of oyer and terminer. Indictment & arraignment. Proof. |
| without the solemnity of a jury, and the offender being by them found guilty to pass such judgment upon such offender as the law provides in the like crimes, and on such judgment to award execution. | Judgment. |
| Provided always, and it is hereby intended, That the master or owner of any slave to be indicted or arraigned by virtue of this act, may appear at the tryall and make what just defence he can for such slave, so that such defence do only relate to matters of fact, and not to any formality in the indictment or other proceedings of the court. | Defence, in matters of fact, not to form of proceedings. |
| And be it further enacted, by the authority aforesaid, and it is hereby enacted, That when any slave shall be convicted and condemned upon any tryall to be had by virtue of this act, the justices that shall sitt in tryall shall put a valuation in money upon such slave so condemned, and certify such valuation to the next assembly, that the said assembly may be enabled to make a suitable allowance thereupon, to the master or owner of such slave. | Value of slave condemned, to be certified to assembly. Allowance for. |
| 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 the speedy and easy prosecution of slaves comitting capitall crimes, or to any other matter or thing whatsoever, 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 229-250
| Pages 270-287
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