| | |
|---|
| CHAP. XXII.
|
| An act directing the duty of Surveyors of Lands, and
ascertaining their Fees.
|
See ch. 19, 1748 [Not found.]
|
| I. BE it enacted, by the Governor, Council, and Burgesses of
this present general assembly, and it is hereby enacted, by the authority same, That all
such as are surveyors of land, within any county of this her majesty's colony and dominion of
Virginia, shall, within three months after the publication of this act, and all such as shall
hereafter be made surveyors of land, within any county of this her majesty's said colony and
dominion, shall, before their entrance upon the execution of such trust, or office, take a solemn
oath, before the court of that county whereto they shall be appointed surveyors, for their true
and faithful execution and discharge, to the best of their knowledge and power, of their said
trust, office, and emploiment. And the several county courts, that now are or hereafter shall be,
within this her majestys said colony and dominion, are hereby authorized to administer such oath
and oaths, as aforesaid; and to cause a record thereof to be made.
|
Surveyors to be sworn.
|
| II. And be it also enacted by the authority aforesaid, and it is
hereby enacted, That if any surveyor, upon reasonable notice to him given, shall refuse to
survey, and lay out, any land, for any person requiring the same, in a lawful manner, and which
may lawfully be done, he shall forfeit and pay four thousand pounds of tobacco; one half to the
queen's majesty, her heirs and successors, for and towards the support of this government, and
the contingent charges thereof, and the other half to the party grieved, if he will inform and
sue for the same.
|
Penalty for refusing to survey.
|
| III. And be it also enacted by the authority aforesaid, and it
is hereby enacted, That each surveyor, when he makes a survey of any land, shall see that
the land so
|
Their duty in marking and bounding lands.
|
| | |
|---|
| by him surveyed, be plainly bounded, either by natural bounds, or by marking trees, or
making other artificial boundaries: And shall, within six months after survey, give to his
emploier a survey and plot of the said land so by him surveyed and laid out: For all which
services, and for keeping a fair book, both of the survey and plot, bound either in vellum or
leather, and made of large Dutch paper roial, each bok to contain about two quires in bigness, it
shall be lawful for him to demand, receive, and take, after the rates herein set down, (that is
to say) for every survey, so made, plotted, and entered, if the same contain no more than one
thousand acres of land, five hundred pounds of tobacco; and if above one thousand acres of land,
for every hundred acres of land therein contained, over and above the said one thousand acres,
and besides the said five hundred pounds of tobacco, thirty pounds of tobacco, and no more: And
if any surveyor shall demand and take any greater fee for surveying, as aforesaid, than in and by
this act is allowed and set down, he shall forfeit and pay, for every such offence, two thousand
pounds of tobacco; one half whereof to be to her majesty, her heirs and successors, for and
towards the support of this government, and the contingent charges thereof; and the other half to
the informer.
|
When to deliver a plat.
Their fees.
Penalty for exceeding legal fees.
|
| IV. Provided nevertheless, That if at any time it shall
happen, that in differences concerning adjacent lands, or other claim whatsoever, the surveyor be
stopped and hindred from finishing his said survey, it shall be lawful for him, notwithstanding,
to demand and take two hundred pounds of tobacco for his trouble and progress so made in the
survey.
|
Proviso.
|
| V. And for the better enabling all surveyors to be exact in their
surveys, Be it enacted, That no surveyor shall make any survey of land without chain
carriers, sworn to measure justly and exactly, according to the best of their knowledge, and to
deliver their account thereof truly to the surveyor; which oath, every surveyor in his several
district, is hereby authorised and impowered to administer accordingly.
|
Chain-carriers to be sworn.
|
| VI. And be it further enacted, That upon any entries
hereafter legally made, for unpossessed land, where the surveyor cannot, at the time of entry
made, attend to survey, such entry shall stand good, until such surveyor
|
Entries to be surveyed within one month.
|
| | |
|---|
| shall give notice of his being ready to go upon the survey thereof: And if such party
claiming by such entry, his heirs or assigns, shall not, within one month of such notice given
him, attend the surveyor, with all necessaries for making such survey, and give him timely
warning thereof, every such entry shall be void, as if the same had never been made.
|
after notice, by surveyor, otherwise void.
|
| VII. And for prevention of hasty and surreptitious grants upon
surveys,
|
| VIII. Be it also enacted, by the authority aforesaid, and it is
hereby enacted, That no surveyor, within six months after survey made, give a copy of the
said survey, or plot, other than to the person that first, in lawful manner, emploied him to make
the said survey; upon pain of forfeiting and paying to the party injured, his executors or
administrators, five hundred pounds of tobacco, for every hundred acres of land the said survey
shall contain.
|
No plat to be delivered, other than to the person making the
entry, in less than six months.
|
| IX. And because the quiet of our estates, in a great measure,
depends upon the faithfulness, understanding, and care of our surveyors, and the fair and regular
keeping of their proceedings,
|
| X. Be it enacted, by the authority aforesaid, and it is hereby
enacted, That each surveyor that now is, shall immediately, upon the publication of this act;
and every surveyor hereafter to be appointed, shall immediately, upon his entring into the said
office of surveyor, apply himself to the county court (who are hereby authorized to levy the
charge thereof upon the county) for such a book, as is herein before mentioned, for the entring of
surveys and plots, and shall fairly enter and plot, or cause to be fairly entred and plotted, all
the surveys that he shall make, during his continuance in the said office of surveyor, within two
months after every such survey made, with indications in the plots of all the rivers, creeks, and
branches, that he shall cross in his courses; and also of the boundaries and adjacent plantations,
&c. that he shall meet with: And also shall, annually, in the month of June, return to the county
court clerk's office, to be by him recorded, a true and perfect list of all surveys by him made in
that county, viz. For whom, what quantity of land, and the place or parish where it lies; upon
pain of forfeiting, for every default in any of the premises, two thousand
|
Their duty in entering plats and surveys, in books.
Penalty for failure.
|
| | |
|---|
| pounds of tobacco; one half to the queen, her heirs and successors, for and towards the
support of this government, and the contingent charges thereof; and the other half to the
informer.
|
| XI. And also, be it enacted by the authority aforesaid, and it is
hereby enacted, That the county court, at any time when they shall think fit, either of their
own motion, or upon the complaint or suggestion of any other person, may, and hereby have full
power and authority to appoint two or more understanding persons of their county, to view and
examine the surveyor's book, of the county surveys or plots; and to make report thereof to them,
whether it be kept, in all things, according to this act.
|
Inspectors of surveyors' books to be appointed.
|
| XII. And also be it enacted by the authority aforesaid, and it is
hereby enacted, That upon the death, or removal, of any surveyor, from his place and office,
the said county court, by their order, shall have, and hereby have full power and authority, to
retake the surveyor's said book, and either cause the same to be preserved among the county
records; or, if there be much blank paper in it, let the same to the next surveyor, at their
discretion, for his county book also, to enter his surveys and plots in: but where it shall so
happen, that the same is let to the next surveyor, the county clerk shall always, before the doing
thereof, take the said surveyor's oath, to preserve the said bok, with the best of his care, and
under his own lock and key; and not to alter, or suffer any thing to be altered therein, of what
was done before his time of surveyorship.
|
On the death of a surveyor, how his books to be disposed of.
|
| XII. Provided always, and it is hereby enacted, That any
thing herein before recited, shall not extend, nor be construed to extend, to the surveyor's fee,
for lots taken up, or to be taken up, in any city, town, port, or public landing, or place, laid
out, or hereafter to be laid out, for any city, town, port or public landing: But that it shall be
sufficient for the surveyor, having once entred the whole plot of such city, town, port, or public
landing, in the book, to keep a note of the person's name that shall take up any lot of the
person's name that shall take up any lot, in any such city, town, port or public landing, with the
number of the lot therewith: And for so doing, and laying out one lot, or renewing the bounds of
one lot, and so for each lot laid out or renewed, shall have and receive twenty pounds of tobacco,
|
Fees for surveying lots in towns.
|
| | |
|---|
| and no more; any thing before in this act contained to the contrary, in any wise,
notwithstanding.
|
| XIV. 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 any 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. XXIII.
|
| An act declaring the Negro, Mulatto, and Indian
slaves within this dominion, to be real estate.
|
See chap. 11, 1727.
|
| I. FOR the better settling and preservation of estates within this
dominion,
|
| 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 passing of this act, all negro, mulatto, and Indian slaves, in all courts of
judicature, and other places, within this dominion, shall be held, taken, and adjudged, to be real
estate (and not chattels;) and shall descend unto the heirs and widows of persons departing this
life, according to the manner and custom of land of inheritance, held in fee simple.
|
Slaves declared real estate.
|
| III. Provided always, That nothing in this act contained,
shall be taken to extend to any merchant or factor, bringing any slaves into this dominion, or
having any consignments thereof, unto them, for sale: but that such slaves, whilst they remain
unsold, in the possession of such merchant, or factor, or of their executors, administrators, or
assigns, shall, to all intents and purposes, be taken, held, and adjudged, to be personal estate,
in the same condition they should have been in, if this act had never been made.
|
Proviso as to merchants and factors.
|
| | |
|---|
| IV. Provided also, That all such slaves shall be liable to
the paiment of debts, and may be taken by execution, for that end, as other chattels or personal
estate may be.
|
May be taken in execution.
|
| V. Provided also, That no such slaves shall be liable to be
escheated, by reason of the decease of the proprietor of the same, without lawful heirs: But all
such slaves shall, in that case, be accounted and go as chattels, and other estate personal.
|
Not escheatable.
|
| VI. Provided also, That no person, selling or alienating any
such slave, shall be obliged to cause such sale or alienation to be recorded, as is required by
law to be done, upon the alienation of other real estate: But that the said sale or alienation may
be made in the same manner as might have been done before the making of this act.
|
Transfer of slaves need not be recorded.
|
| VII. Provided also, That this act, or any thing therein
contained, shall not extend, nor be construed to extend, to give any person, being owner of any
slave or slaves, and not seized of other real estate, the right or privilege as a freeholder,
meant, mentioned, and intended, by one act of this present session of assembly, intituled, An
act for regulating the elections of Burgesses, for settling their privileges, and for ascertaining
their allowances.
|
Possessor of, not to give a right to vote.
|
| VIII. Provided also, That it shall and may be lawful, for
any person, to sue for, and recover, any slave, or damage, for the detainer, trover, or conversion
thereof, by action personal, as might have been done if this act had never been made.
|
Recoverable by personal action.
|
| IX. Provided always, That where the nature of the case shall
require it, any writ De Partitione facienda, or of dower, may be sued forth and
prosecuted, to recover the right and possession of any such slave or slaves.
|
Writs of partition and dower may be prosecuted for.
|
| X. Provided, and be it enacted, That when any person dies
intestate, leaving several children, in that case all the slaves of such person, (except the
widow's dower, which is to be first set apart) shall be inventoried and appraised; and the value
thereof shall be equally divided amongst all the said children; and the several proportions,
according to such valuation and appraisement, shall be paid by the heir (to whom the said slaves
shall descend, by virtue of this act) unto all and every
|
Heir at law to account with other children for their proportion of
appraised value.
|
| | |
|---|
| the other said children. And thereupon, it shall and may be lawful for the said other
children, and every of them, and their executors or administrators, as the case shall be, to
commence and prosecute an action upon the case, at the common law, against such heir, his heirs,
executors and administrators, for the recovery of their said several proportions, respectively.
|
Action for.
|
| XI. And be it further enacted by the authority aforesaid,
That if any widow, seised of any such slave or slaves, as aforesaid, as of the dower of her
husband, shall send, or voluntarily permit to be sent out of this colony and dominion, such slave
or slaves, or any of their increase, without the lawful consent of him or her in reversion, such
widow shall forfeit all and every such slave or slaves, and all other the dower which she holds of
the endowment of her husband's estate, unto the person or persons that shall have the reversion
thereof; any law, usage or custom to the contrary notwithstanding. And if any widow, seized as
aforesaid, shall be married to an husband, who shall send, or voluntary permit to be sent out of
this colony and dominion, any such slave or slaves, or any of their increase, without the consent
of him or her in reversion; in such case, it shall be lawful for him or her in reversion, to enter
into, possess and enjoy all the estate which such husband holdeth, in right of his wife's dower,
for and during the life of the said husband.
|
Widow sending dower slaves out of the state, forfeits her
right.
So, of her husband.
|
CHAP. XXIV.
|
| An act for settling the Militia.
|
Edi. 1733 and 1752.
|
| FOR the setling, arming and training a militia for her majestie's
service, to be ready on all occasions for the defence and preservation of this her colony and
dominion,
|
[From MS.]
|
| 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 publication of this act, the colonel or chief officer of the militia of every county
have full power and authority to list all male persons whatsoever, from sixteen to sixty years of
age within his respective county, to serve in horse or foot, as in his discretion he shall
|
Persons, from 16 to 60, liable to militia duty.
|
| | |
|---|
| see cause and think reasonable, having regard to the ability of each person, he appoints
to serve in the horse, and to order and place them and every of them under the command of such
captain in the respective countys of their abode, as he shall think fitt.
|
| Provided nevertheless, That nothing herein contained shall
be construed to give any power or authority to any colonel or chief officer whatsoever, to list
any person that shall be, or shall have been of her majesty's councill in this colony, or any
person that shall be, or shall have been speaker of the house of burgesses, or any person that
shall be, or shall have been her majesty's attorney general, or any person that shall be, or shall
have been a justice of the peace within this colony, or any person that shall have born any
military comission within this colony as high as the commission of a captain, or any minister, or
the clerk of the councill for the time being, or the clerk of the general court for the time
being, or any county court clerk during his being such, or any parish clerk or schoolmaster during
his being such, or any overseer that hath four or more slaves under his care, or any constable
during his being such, or any miller who hath a mill in keeping, or any servant by importation, or
any slave, but that all and every such person or persons by exempted from serving either in horse
or foot. Any thing in this act heretofore to the contrary notwithstanding.
|
Who exempted from.
|
| Provided always, That if any overseer that is by this act
exempted from being listed shall appear at any muster, either of horse or foot, he shall appear
in arms fit for exercise, and shall perform his duty as other private soldiers do, on pain of
paying the fine inflicted by this act upon such persons as do not provide troopers, arms and other
accoutrements. But for as much as severall of the persons exempted as aforesaid, though they be of
sufficient ability to find and keep a serviceable horse and horse arms, and such men whose
personal service may not only be usefull, but necessary upon an insurrection or invasion, which
God prevent, by virtue of the proviso aforesaid, will perhaps account themselves free from
provideing and keep the same at the places of their abode, which is not intended:
|
Proviso, as to overseers.
|
| | |
|---|
| Be it therefore enacted by the authority aforesaid, and it is
hereby enacted and declared, That the persons of a councellor, of a speaker of the house of
burgesses, of a justice of the peace, of an attorney-general, and of a captain or an higher
officer in the militia, are exempted from being listed and serving either in horse or foot under
command as the rest of the militia do, merely for the dignity of the office which they do or shall
have held, and that notwithstanding the said proviso or any thing therein contained, it is the
true intent and meaning of this act, that all and every such person or persons, and also the clerk
of the councill, the clerk of the general court, and every county court clerk shall provide and
keep, and they and every of them are hereby required and enjoyned to provide and keep at their
respective places of abode a troopers horse, furniture, arms and ammunition, according to the
directions of this act hereafter mentioned and expressed, and to produce r cause the same to be
produced in the county where they respectively reside yearly, and every year at the generall
muster appointed by this act, to the colonel or chief officer present, upon pain of forfeiting for
every neglect therein, twenty shillings current money of Virginia.
|
Persons exempted, to provide themselves with arms, &c.
|
| And in case of any rebellion or invasion shall also be obliged to
appear when thereunto required, and serve in such stations as are suitable for gentlemen, under
the direction of the colonel or chief officer of the county where he or they shall reside, under
the same penaltys as any other person or persons, who by this act are injoyned to be listed in the
militia, any thing herein contained to the contrary or seeming to the contrary in any wise
notwithstanding.
|
And, on invasions or insurrections must perform duty, as
gentlemen.
|
| And be it further enacted, by the authority aforesaid, That
the colonell or chief officer of the militia of every county be required, and every of them is
hereby required, as soon as conveniently may be, after the publication of this act, to make or
cause to be made, a new list of all the male persons in his respective county capable by this act
to serve in the militia, and to order and dispose them into troops or companys, according to the
directions of the governor or commander in chief of this dominion for the time being, and the
respective circumstances of the ability of the persons listed, to the end each trouper or ffoot
soldier may be thereby guided
|
Militia to be enrolled and divided into troops or companies.
|
| | |
|---|
| to provide and furnish himself with such arms and ammunition and within such time as this
act hereafter directs.
|
| And be it enacted, by the authority aforesaid, That every
ffoot soldier be provided with a firelock, muskett or fusee well fixed, a good sword and cartouch
box, and six charges of powder, and appear constantly with the same at time and place appointed
for muster and exercise, and that besides those each foot soldier have at his place of abode two
pounds of powder and eight pounds of shott, and bring the same into the field with him when
thereunto specially required, and that every soldier belonging to the horse be provided with a
good serviceable horse, a good saddle, holsters, brest plate and crouper, a case of good pistolls
well fixed, sword and double cartouch box, and twelve charges of powder, and constantly appear
with the same when and where appointed to muster and exercise, and that besides those each soldier
belonging to the horse have at his usuall place of abode a well fixed carabine, with belt and
swivle, two pounds of powder and eight pounds of shott, and bring the same into the ffield with
him, when thereunto specially required.
|
Arms, &c. to be provided by each foot soldier.
By the cavalry.
|
| And be it further enacted, by the authority aforesaid, That
whatsoever trooper or ffoot soldier shall fail to appear at time and place appointed, or appearing
shall not be furnished and provided with arms and ammunition as aforesaid for muster and exercise,
or shall not keep at his place of abode what by this act he is directed there to have and bring
into field with him all and singular the arms and ammunition directed by this act when thereunto
specially required, such trooper or ffoot soldier shall for his neglect in any of the premises, be
fined one hundred pounds of tobacco, every time he is warned or appointed to appear.
|
Fines.
|
| Provided always, and be it enacted, That eighteen months
time be given and allowed to each trouper and ffoot soldier not heretofore listed to furnish and
provide himself with arms and ammunition according to this act, & that no trooper or foot soldier
be fined for appearing without or not having the same at his place of abode untill he hath been
eighteen months listed, any thing in this act to the contrary, or seeming to the contrary
notwithstanding.
|
Time allowed to provide arms, &c.
|
| | |
|---|
| And for the encouragement of every soldier in horse or ffoot to
provide and furnish himself according to this act and his security to keep his horse, arms and
ammunition, when provided,
|
| Be it enacted, by the authority aforesaid, That the musket
or ffuzee, the sword, cartouch box and ammunition of every ffoot soldier, and the horse, saddle
and furniture, the carbine, pistolls, sword, cartouch box and ammunition of every trooper provided
and kept in pursuance of this act to appear and exercise withall be free and exempted at all times
from being impressed upon any account whatsoever, and likewise from being seized or taken by any
manner of distress, attachment, or writt of execution, and that every distress, seizure,
attachment or execution made or served upon any of the premises, be unlawfull and void, and that
the officer or person that presumes to make or serve the same be lyable to the suit of the party
greived, wherein double damages shall be given upon a recovery.
|
Horse, arms, &c. exempted from distress, execution, &c.
|
| And to the end the militia of this her majestys colony and dominion,
being settled and armed as aforesaid, may be the better fitted for service,
|
| Be it further enacted, by the authority aforesaid, That the
colonel or chief officer of the militia of every county once every year at least, cause a
generall muster and exercise of all the horse and ffoot in his county at one place and oftener if
there be occasion, and that every captain both of horse and foot once in every three months,
muster, train and exercise his troop or company, or oftener if occasion require.
|
General muster.
Company musters.
|
| Provided, That no soldier in horse or foot, be fined above
five times in one year for neglect in appearing.
|
| And be it further enacted, by the authority aforesaid, That
all soldiers in horse and ffoot during the time they are in arms, shall observe and obediently
perform the commands of their officer relating to their exerciseing according to the best of their
skill, and that the chief officers upon the place shall and may imprison mutineers and such
soldiers as do not their dutys as soldiers at the day of their musters or training, and shall and
may inflict for punishment for every such offence, any mulct not exceeding fifty pounds of
tobacco, or the penalty of imprisonment without bail or mainprise, not exceeding ten days.
|
Punishment, for disobedience or mutiny.
|
| | |
|---|
| And be it further enacted by the authority aforesaid, That
if any soldier either in horse or foot upon occasion of an incursion, invasion, insurrection or
rebellion, or other alarm or surprise, shall be summoned to meet at a certain time and place and
shall fail to appear accordingly, such soldier shall for such his offence be fined ten pounds
current money, or suffer three months imprisonment, without bail or mainprise.
|
Fine, for not attending alarms.
|
| And forasmuch as some difficulty hath been found in procuring some
soldiers to be willing to serve as serjeants, corporals, drummers or trumpeters, all of them
absolutely necessary in troops and companys: For prevention of the like in time to come,
|
| Be it enacted, by the authority aforesaid, That whatsoever
soldier shall refuse to take upon him, act in and execute any of the said places and offices in
the troop or company wherein he is listed, being known to be capable and thereunto appointed by
his captain, shall for such his refusall be fined five hundred pounds of tobacco, which being once
paid, he shall thereafter be exempted from being fined for any such refusall.
|
Fine, for failing to serve as non-commissioned officer, &c.
|
| And to the end no wilfull and obstinate defaulter or offender by
virtue of or against this act may escape the penalty inflicted by this act for his default or
offence,
|
| Be it enacted, by the authority aforesaid, and it is hereby
enacted, That all captains of troops and foot companys within this her majestys colony and
dominion be required, and every of them is hereby strictly required and injoyned, at every muster
(generall or particular) to take or cause to be taken an exact account in writing of every such
default or offence made or committed in his troop or company, by whom the default or offence was
made or done, and at what time, and to sign the same with his own hand and deliver it, or cause it
to be delivered within a month after the taking to the colonel or chief officer of the militia of
the county whereunto he belongs, for such further proceeding thereupon as the persons hereafter
impowered to inquire into the merit of the said defaults or offences shall judge reasonable in the
pursuance of, and according to the tenor and true intent and meaning of this act.
|
Delinquencies, how noted.
|
| And be it further enacted, by the authority aforesaid, That
the field officers and captains of every county, or the major part of them, whereof the colonel,
lieutenant
|
| | |
|---|
| colonel, or major, shall be always one, have full power and authority to meet yearly at
the court-house in their respective countys on the first Thursday in October, or in case of a
failure in meeting that day, on the next Thursday following, to inspect the severall lists or
accounts given by the captains to the colonel or chief officer as aforesaid, and thereupon to
mulct every defaulter or offender therein charged, according to the merit of his default or
offence, and the directions of this act.
|
Fines, how assessed.
|
| Provided always, That nothing in this act contained be
construed to give any power or authority to the said ffield officers and captains to meet or act
as aforesaid at any other place or times then the times and place aforesaid, or to mulct any
defaulter or offender for any default or offence whatsoever by or against this act, which hath
been made or done above a year, any thing heretofore to the contrary notwithstanding.
|
Proviso.
|
| And because severall persons may happen to be charged with default or
offence in their captains said list or accounts who are not wilfully guilty thereof, or may have a
fair and just excuse for their not complying with this act−−
|
| For remedy in such cases,
|
| Be it enacted, by the authority aforesaid, That whensoever
any soldier charged with a default or offence as aforesaid can and doth shew forth to the said
ffield officers and captains at their meeting to mulct delinquents as aforesaid, such matter and
cause that he ought not to be fined for the same as they shall judge reasonable, and be convinced
withall before he be actually fined, it shall be lawfull for the said ffield officers and
captains, and they are hereby required to admit of such soldiers excuse and to lay no mulct or
ffine upon him for such default or offence any thing in this act to the contrary notwithstanding.
|
Fines, how remitted.
|
| And be it further enacted, by the authority aforesaid, That
the severall fines and penaltys mentioned in this act, which the said ffield officers and captains
shall at their meetings as aforesaid order and direct, be levyed by distress and sale of the goods
and chattles belonging to the defaulter or offender by warrant from the colonell or chief officer
of the county to the sheriff (in case the defaulter or offender refuse to pay the same in specie
|
Fines, how collected.
|
| | |
|---|
| upon the ffield officers and captains order without further process) and that the said
colonel or chief officer sign and issue a warrant in order thereunto as occasion requires.
|
| And be it further enacted, by the authority aforesaid, That
the said ffield officers and captains have full power and authority to appoint and imploy a clerk
to attend them at the said meetings, and to keep a register of all their proceedings, and to allow
the said clerk such sallary for his said service, and for providing necessary books and paper for
their use as in their discretion they shall think fit and reasonable, and to pay the same out of
the penaltys and fines accrewing by this act.
|
Clerk, of court-martial.
|
| And be it further enacted, by the authority aforesaid, That
the said ffield officers and captains at their meetings as aforesaid, have full power and
authority to order and dispose the tobaccoes which shall hereafter accrew and arise upon the
ffines, penaltys and fforfeitures mentioned in this act, in such manner as in their discretions
shall seem best for paying therewith a clerk as aforesaid, and for furnishing the severall troops
and companys belonging to the county with necessary drums, colours, trumpets, leading staffes,
partizans and halberts, and for procuring such and so many books of military dissipline as shall
be thought convenient, and after all these for providing arms and ammunition for the countys use
with the overplus.
|
Fines, how appropriated.
|
| And be it further enacted, by the authority aforesaid, That
every captain of a troop of horse or ffoot company within this colony be permitted and allowed to
take one of the soldiers under his command to be clerk to his troop or company, and that such
clerk in consideration of his service in that respect be excused from carrying or appearing in
arms at any muster, generall or particular, except in case of a rebellion or invasion, any thing
in this act heretofore to the contrary notwithstanding.
|
Clerk, of troop or company.
|
| And be it further enacted, That all and every other act and
acts, and every clause and article thereof heretofore made, for setling the militia, 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. XXV.
An act to prevent Indians hunting and ranging upon patented
lands.
|
| 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
if any person whatsoever, shall, after the publication of this act, entertain or employ any
Tuscarora, or other Indian, not being a servant or slave, to hunt or kill deer; or furnish
them with guns, powder, or shot, to hunt, as aforesaid, upon any lands now patented, or that shall
hereafter be patented, and belong to any of her majesty's subjects within this her majesty's
colony and dominion of Virginia, he, she, or they, so employing any Tuscarora, or other Indian, as
aforesaid, shall forfeit and pay to the person or persons upon whose land such Indian shall be
found to hunt as aforesaid, the sum of one thousand pounds of tobacco: To be recovered, with
costs, by action of debt, in any court of record within this colony and dominion; any law, custom,
or usage, to the contrary, notwithstanding.
|
Penalty for employing Indians to hunt on patented lands.
|
| II. And moreover, when any person shall find any such Indian
shooting, ranging, or hunting upon his land, contrary to this act, it shall be lawful for such
person to take away the gun, powder, and shot, which he shall find upon such Indian, and to keep
and convert the same to his own use: And upon any complaint made, or suit brought against any
person for such taking and keeping of the gun, powder, and shot, as aforesaid, it shall be lawful
for the defendant shall be admitted to declare the truth, upon his own oath, which shall be taken
as evidence in that case; any law, usage, or custom to the contrary thereof, in any wise,
notwithstanding.
|
Gun, &c. may be seized.
Persons sued may plead
the general issue, and give special matter in evidence.
|
| III. Provided nevertheless, That nothing in this act
contained, shall be construed to extend to the Pamunkey or Chickahominy Indians, or to the Indians
on the eastern shore, hunting or ranging as heretofore they have been accustomed to do.
|
Exceptions.
|
| IV. And be it enacted, That all and every other act and
acts, and every clause and article thereof, heretofore
|
| | |
|---|
| made, for so much thereof as relates to any 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. XXVI.
|
| An
| act for raising a publick revenue for the better support of the
government of this her majesty colony and dominion of Virginia, and for ascertaining the sallary
of the councill.
|
| Edi. 1733 and 1752.
[Repealed by proclamation,
June 22nd, 1708.]
|
| WHEREAS there is a great and continuall charge required for the
maintenance of the governor and severall other officers and persons, as also for forts and
fortifications, besides many other contingent expences absolutely necessary for the support of the
government of this her majestys colony and dominion,
|
[From MS.]
Preamble.
|
| Be it therefore enacted, by the Governor, Councill and Burgesses
of this present Generall Assembly, and it is hereby enacted, by the authority of the same,
That for every hogshead, box, chest, case or barrell of tobacco, which shall at any time hereafter
be shipped or laden on board any ship or vessell whatsoever within this colony and dominion, in
order to be exported hence by water to any port or place whatsoever, there shall be paid by the
shipper or shippers thereof, the sum of two shillings current money of England, and also for every
five hundred pounds of tobacco shipped or laden on board any ship or vessell in order to be
exported as aforesaid in bulk to any of her majestys other plantations, and so after that rate for
a less quantity.
|
Duty of 2s. a Hhd. on tobacco exported.
On 500 lbs. in bulk.
|
| And for avoiding all manner of doubts which may hereafter arise
concerning the payment of the duty aforesaid for tobaccoes of the growth of any place and shipped
here,
|
| Be it enacted, by the authority aforesaid, and it is hereby
enacted and declared, That the true intent and meaning of this act is that the aforesaid duty
of two shillings shall be paid for all tobaccos whatsoever shipped or laden on board any ship or
vessell within this colony and dominion in order to be exported hence, although the
|
To extend to all tobacco, absolutely the growth of another
place.
|
| | |
|---|
| same were made in and imported or brought from another place.
|
| And be it also further enacted by the authority aforesaid, and it
is hereby enacted, That every ship or vessell which shall at any time hereafter be entered in
this her majestys colony and dominion, or any district or port thereunto belonging, in order to
unlade the goods and merchandises imported in her or in order to lade and take on board any
tobaccos or other goods or merchandises whatsoever for exportation out of this colony, shall pay
for every tunn which the said ship or vessell is burthen, the sum of one shilling and three pence,
current money of England for port dutys.
|
Tonnage duty.
|
| Provided always, and it is hereby enacted and declared,
That nothing in the aforesaid clause contained, shall be construed so as to charge any ship or
vessell which at any time hereafter shall arrive into this colony and dominion and here unlade and
relade with payment of the port dutys two times for the same, and that with true intent and
meaning of this act is, that in such a case the aforesaid port dutys shall be paid no more than
once for that voyage.
|
Port duties to be paid but once.
|
| And be it further enacted and declared, That all ships and
vessels lyable to the payment of the port dutys by this act imposed shall be gaged and measured in
manner following, that is to say, every single decked ship or vessell shall be measured by the
length of the keel, taken within board so much as she treads upon the ground, and the breadth to
be taken within board by the midship beam from plank to plank, and the depth of the hold from the
plank below the kelsey to the under part of the deck plank, and for a two deckt ship which carrys
goods between decks, the depth of her hold to be taken from the plank below the kelsey to the
under part of the upper deck plank, and the length and breadth as before, then multiply the length
by the breadth and the product thereof by the depth, and divide the whole by ninety-four, and the
quotient will give the true contents of the tonnage, according to which method and rule all ships
and vessels shall be measured, and the said port dutys thereby be computed and collected
accordingly, any custome, practice or usage, to the contrary notwithstanding.
|
Rules for ascertaining the tonnage of vessels.
|
| | |
|---|
| And be it also further enacted, by the authority aforesaid, and
it is hereby enacted, That every ship or vessell which shall at any time hereafter come into
any port, creek, harbour or road within this colony and dominion, and shall be there entered in
order to unlade and put on shore goods, merchandises, passengers, servants or slaves, shall pay
six pence per poll for every passenger, servant, slave or other person imported in her the
marriners belonging to and in actuall pay of the said ship or vessell and every of them excepted.
|
Duty on passengers, servants & slaves, of 6d. per poll.
|
| And to the end the aforesaid imposition or duty of six pence per poll
may be truly paid according to the intent of this act.
|
| Be it further enacted, by the authority aforesaid, and it is
hereby enacted, That if any master of a ship or vessell shall wittingly or willingly make a
short entry of the number of persons imported in his said ship or vessell for which the imposition
or duty aforesaid ought to be paid, he shall forfeit and pay ten pounds current money, 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, in any court of record within this colony and dominion, by action of
debt, bill, plaint, or information, wherein no essoin, protection or wager of law shall be
allowed.
|
Penalty for making short entry.
|
| And be it further enacted, by the authority aforesaid, and it is
hereby enacted, That all and every of the impositions or dutys aforesaid, shall be paid to
the respective collectors or officers which shall be appointed to receive the same, and shall be
to our sovereign lady the queen, her heirs and successors for ever, to and for the better support
of the government of this her majestys colony and dominion of Virginia, in such manner and is
herein before exprest, and to and for no other use, intent or purpose, whatsoever.
|
Duties to be paid to collectors.
|
| And be it further enacted by the authority aforesaid, and it is
hereby enacted, That for collecting and receiving all and every the impositions or dutys
aforesaid, the governor or commander in chief of this colony and dominion for the time being,
shall be, and is hereby impowered and authorised, with the advice of the councill, from time to
time and at all times hereafter, to
|
Govr. &c. to appoint collectors, and fix their salaries.
|
| | |
|---|
| nominate, constitute and appoint such and so many collectors, receivers or other officers
as shall be found necessary, and to allow them such sallarys not exceeding six per cent. as shall
be thought suitable.
|
| And for encouragement to all masters of ships and vessells, or other
persons who shall hereafter be concerned in the payment of the impositions or dutys aforesaid, to
give in true accounts and to pay down the whole dutys of a ship in one intire sum, either in money
or good and sufficient bills of exchange, to the likeing and sattisfaction of the collector
appointed to receive the same,
|
| Be it enacted, by the authority aforesaid, and it is hereby
enacted, That the governor or commander in chief of this colony and dominion for the time
being, be and is hereby farther authorised and impowered, with the advice of the councill, to give
and allow to every master of a ship or vessell, or other person which shall so do such reasonable
allowance and abatement of the impositions or dutys aforesaid, not exceeding six per cent. as
shall be judged fitting.
|
Abatement for prompt payment.
|
| Provided always, and it is hereby enacted and declared, by the
authority aforesaid, for encouragement to Virginia owners, that ever ship or vessell wholy
and solely belonging to the inhabitants of this colony and dominion, shall have the priviledge of
being allowed the aforesaid dutys or impositions of two shillings, and of one shilling & three
pence accrewing due upon her lading of tobacco, and for her port dutys to the proper use, benefit
and advantage of her owner or owners, and every collector or receiver of the aforesaid dutys or
impositions is hereby required to allow the same accordingly, unto the master of every such ship
or vessell upon his clearing, any thing in this act, or any other act, law, usage or custom, to
the contrary notwithstanding.
|
Privilege of Virginian owners.
|
| And be it further enacted, That in cases of fees for
entering, clearing, cockets, and other matter or thing whatsoever, demandable by a navall officer
or collector, all ships and vessells wholy and solely owned by the inhabitants of this country,
shall be acquitted for half fees, chargeable or to be chargeable on others.
|
| And for prevention of frauds which may be used to obtain the
priviledge aforesaid,
|
| | |
|---|
| Be it also further enacted and declared, by the authority
aforesaid, That no ship or vessell whatsoever shall be accounted or taken to belong wholy and
solely to the inhabitants of this her majestys colony and dominion of Virginia till proof thereof
be made by the oath of one of her owners before the governor or commander in chief of this colony
and dominion for the time being, and his testimonial thereupon, had under the seal of the colony
or untill such proof be made before the generall court and a certificate thereupon had from the
clerk of the said court under the seal of his office, and that no collector or receiver of the
impositions or dutys aforesaid, or either of them shall allow to any ship or vessell whatsoever
the aforesaid priviledge upon the impositions or dutys aforesaid, or either of them, unless the
master of the said ship or vessell at the time he demands the same shall produce testimonial or
certificate as aforesaid, and also himself make oath that he does not know that any part of the
said ship or vessell doth belong to any person whatsoever, which is not inhabitant of Virginia,
any thing in this act aforesaid to the contrary or seeming to the contrary notwithstanding.
|
Who shall be deemed Virginian owners.
|
| And be it further enacted, That out of the money ariseing by
the duty of two shillings for every hogshead, box, chest, case or barrell of tobacco exported,
imposed by this act, there shall be annually paid unto such of the members of her majestys
honorable councill, for the time being, as now are inhabitants, or at the time of such payment
shall have been inhabitants of this colony for the space of three years then next preceeding the
sum of three hundred and fifty pounds sterling, in consideration of their trouble and charge in
the generall assemblys and generall courts, and that the same shall be proportioned and paid to
every of the said severall members according to the time of his attendance respectively.
|
Allowance to members of council to be paid according to their
attendance.
|
| 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
raising a publick revenue for the better support of the government of this her majestys colony and
dominion of Virginia, or to any other matter or thing whatsoever, within the purview of this act,
is, and are hereby
|
Repealing clause.
|
Pages 349-371
