Pages 329-349 
|  Pages 371-395
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| Pages 329-349
| Pages 371-395
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| CHAP. XXVII. | ||
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| I. FOR the better prevention of frauds and concealments, or any other ways or means which may be made use of, to evade due clearing of ships and vessels, and the paiment of the customs, duties, or impositions, laid upon tobaccos, skins, furrs, or any other goods or merchandizes whatsoever, to be exported out of this colony and dominion. | 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 the master of every ship or vessel, coming into this her majesty's colony and dominion, for trade, or which being there, is designed to take on board and lade any tobaccos, skins, furrs, or other goods or merchandizes whatsoever, in order to export and carry the same out of this colony and dominion, at his entry, and before he be permitted to break bulk and trade, or to lade and take on board any goods or merchandizes whatsoever, shall give bond, with one surety, to the queen's majesty, her heirs and successors, that he will not depart with his said ship or vessel from the district or port where she is entred, until paiment be made of the several customs, duties impositions, and fees, accruing due from the said ship or vessel, or for or by reason of any tobaccos, skins, furrs, or other goods and merchandizes whipped and laden in her, nor until the said ship or vessel be duly cleared by the collector and naval officer of the said district or port. | Entry of vessels, and duty bonds. | |
| III. And be it further enacted by the authority aforesaid, and it is hereby enacted, That if the ship or vessel be under fifty tons, the said bond shall be for fifty pounds; if above fifty tons, and under one hundred tons, for one hundred pounds; and if one hundred tons, | Penalty of bonds. |
| or above one hundred tons, for two hundred pounds; and shall be delivered back, upon due clearing with the officers aforesaid; but wholly forfeited, without any relief in equity, in case the condition thereof be broken. | |
| IV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the master of every ship or vessel, upon clearing, shall make oath, before the officer with whom he clears, (which oath the said officer is hereby impowered and required to administer) what tobaccos, skins, furrs, or other goods or merchandizes, are then shipped and laden on board his said ship or vessel; and that the will not afterwards lade or take on board his said ship or vessel, any more tobaccos, skins, furrs, or other goods or merchandizes whatsoever, (for which any custom, duty or imposition is to be paid, or which the law requires to be entred) without a lawful permit for his so doing, from an officer of the district or port wherein the said tobaccos, skins, furrs, goods or merchandizes, are to be so laden and taken in. | Oaths of master. |
| V. And be it further enacted, by the authority aforesaid, and it is hereby enacted and declared, That the customs, duties, or impositions, accruing due for any tobaccos, skins, furrs, or other goods or merchandizes whatsoever, which shall hereafter be shipped or laden on board any ship or vessel, in order to be exported out of this colony and dominion, shall be answered and paid to the collector or receiver of the said customs, duties, or impositions, in the district or port where the said ship or vessel shall happen to ride, when the said tobaccos, skins, furrs, goods or merchandizes are laden and taken in, and to no other collector or receiver whatsoever; notwithstanding the same be brought thither from another district or port. | Duties to be paid before clearance granted |
| VI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That upon any suspicion of fraud or concealment, or that the master of any ship or vessel doth make a false report of his lading, it shall and may be lawful for the naval officer and collector of the district or port, or either of them, for discovery of the said fraud or concealment, and for the better finding out the truth of the matter, to examine, upon oath, the mate, boatswain, or any other of the seamen belonging to the said ship or vessel, as also any other person or persons whatsoever, concerning the lading | Mariners may be examined on oath. |
| of the said ship or vessel, as to the said collector and naval officer, or either of them, shall seem fit and convenient. | ||||||||||||||||||||||||||||||||||||||||||||
| VII. And be it enacted, by the authority aforesaid, and it is hereby enacted, That the collectors fees shall be as followeth: That is to say, | Collectors fees. | |||||||||||||||||||||||||||||||||||||||||||
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| And that the naval officers fees shall be as followeth: That is to say, | Naval officers' fees. | |||||||||||||||||||||||||||||||||||||||||||
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| That the naval officers and collectors, for any the services before-mentioned, shall charge no more than half of the fees aforesaid, for any ship or vessel wholly belonging to the inhabitants of this country. | Virginian owners pay half fees. | ||||
| VIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That it shall not be lawful for any collector or naval officer, within this colony and dominion, to demand and take any fee or fees for any other business, matter or thing by him done and performed, as collector or naval officer, or as collector or receiver of any Virginia duties, than the particulars before enumerated in this act; or to demand and take any greater fee, for any of the particulars before enumerated, than the fee given and allowed by this act, for the same: And that if any collector or naval officer shall offend in either of the premises, and be thereof lawfully convicted, he shall, for the first offence, forfeit and pay one hundred 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 the party injured: To be recovered, with costs, 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, privilege, or more than one imparlance, shall be admitted or allowed. And if the said collector or naval officer shall offend a second time, and be thereof lawfully convicted, he shall be thereby disabled in law, and made utterly incapable to hold, execute, and enjoy his place and office of collector or naval officer, or any profits or advantage arising therefrom, for ever; and the said place and office shall, immediately after such conviction, be void, to all intents and purposes, as if the said collector or naval officer had been naturally dead; and moreover, shall forfeit and pay to the informer, the sum of twenty pounds current money: To be recovered with costs, as aforesaid. | Penalty for exceeding legal fees. 1st offence. 2d offence. | ||||
| IX. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any person injured |
| by any collector or naval officer, demanding and taking any fee or fees, contrary to this act, shall fail to inform against the said collector or naval officer for the said offence, within three months after the offence committed, it shall and may be thereafter lawful for any other person or persons whatsoever, to prosecute the offender, and recover; any thing in this act before contained to the contrary, or seeming to the contrary, notwithstanding. | Who may prosecute. |
| Provided always, and be it enacted, by the authority aforesaid, and it is hereby enacted, That no collector or naval officer whatsoever, shall, at any time hereafter, be impeached or questioned, for or concerning any offence aforesaid, unless such collector or naval officer be prosecuted within the space of one year next ensuing such offence committed. | Limitation of prosecution. |
| XI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That every collector and naval officer, within this colony and dominion, shall be, and is hereby strictly enjoined and required, within three months after the publication of this act, to set up, or cause to be set up, in his office, a fair written table or copy of his fees, according to this act, and from time to time to continue the same, by setting up a new and fresh table or copy, as the occasion requires. | Table of fees to be set up. |
| XII. And whereas, the casting or unlading of stones, gravel, or other ballast, into the rivers and creeks of this her majesty's colony and dominion, may, in time, prove, not only dangerous, but wholly obstructive, to the passage of ships, sloops, boats, and other vessels: For prevention thereof, | |
| XIII. Be it enacted, by the authority aforesaid, and it is hereby enacted, That it shall not be lawful, for the master of any ship, sloop, boat, or other vessel, or for any other person or persons whatsoever, to cast or unlade any stones, gravel, or other ballast, into any river, creek, haven, or harbor, within this colony and dominion; but to lay the same on the land only above high water mark: And that if the master or owner of any ship, sloop, boat, or other vessel, shall actually offend herein, or shall suffer and permit any other person or persons, under him, to do it, such master, or owner, for every such offence, shall forfeit and pay the sum of ten pounds current money: one moiety to our sovereign lady the queen, her heirs and successors, for | Penalty for casting ballast into rivers, creeks, &c. |
| 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, 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, privilege, or more than one imparlance, shall be admitted, or allowed. | |
| XIV. And, whereas it is represented to this assembly, That the commanders or masters of the ships or vessels which have imported negros into this colony and dominion, have caused such negros as died on board, to be cast into the rivers or creeks where such ships or vessels did then ride, to the great annoiance of the inhabitants adjacent: For prevention thereof, for the future. | |
| XV. Be it enacted, by the authority aforesaid, and it is hereby enacted, That when any negro, or other person whatsoever, shall happen to die on board any ship or vessel, riding or being within any river or creek, within this colony and dominion, the master of such ship or vessel shall cause the negro, or other person, so dying, to be carried on shore, and there buried; upon pain of forfeiting and paying, for his neglect therein, or for suffering the said negro, or other person, to be cast into the water, the sum of ten pounds current money: one moiety thereof, to our sovereign lady the queen, her heirs and successors, for and towards the better support of the government, 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, 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, privilege, or more than one imparlance, shall be admitted or allowed. | Penalty for casting dead bodies into a river or creek. |
| XVI. And be it further enacted, That all and every other act or acts, and every clause and article thereof, heretofore made, for such 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. XXVIII. | ||
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| I. WHEREAS, by reason of the great distance of this colony and dominion of Virginia from our mother kingdom of England, there may happen to be a considerable space of time between the death or demise of the king or queen, for the time being, and the proclamation of his or her successor in this colony and dominion: For preventing the many mischiefs, inconveniences, and unnecessary charges, which may happen or be occasioned, by reason of such interval; | 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 this present general assembly, or any other general assembly, which shall hereafter be summoned and called, under the authority of her majesty Queen Anne, her heirs and successors, by the governor, lieutenant governor, or commander in chief, by and with the advice and consent of the council of state, or this her majesty's colony and dominion, or by the president and council, for the time being, shall not determine or be dissolved, by the death or demise of her said majesty, her heirs or successors; but that such assembly shall, and is hereby enacted, to continue, and be impowered to meet, convene, and sit, according to the writs or summons, whereby the said assembly was, or shall be convened; and to act, notwithstanding such death or demise, for and during the time of six months, and no longer; unless the same shall, by such governor, lieutenant governor, commander in chief, or president, and council, be sooner prorogued or dissolved: And if the said general assembly shall be so prorogued, than it shall meet and sit, on and upon the day unto which it shall be prorogued, and continue for the residue of the said time of six months, unless sooner prorogued or dissolved, as aforesaid. | General assemblies not to be dissolved, by demise of the crown. |
| III. And be it also enacted, That all acts, deeds, and sentenced, of the governor, lieutenant governor, commander in chief, or president and council, in this colony and dominion, for the time being, which he oar they might lawfully do, sign, or pass, during the life of the king or queen, for the time being, shall be valid, to all intents and purposes in law, although the same happen to be acted, done, or signed, after the death of the said king or queen, and before the death is by proclamation publicly notified in this country: As also all acts of the council, judgments of all courts, acts of justices of the peace, and all other officers, civil and military, within this colony and dominion, which they might lawfully do, or pass, during the life of the king or queen, for the time being, be valid, to all intents and purposes in law, although the same happen to be enacted after the death of the said king or queen, and before the notification thereof, by the government, in this colony and dominion. And that all treasons, rebellions, and all other crimes whatsoever, committed, or which shall be committed, during the said time, shall be punishable, to all intents, as if the king or queen had been actually alive at the time of the committing thereof, | Official acts, between death of king, and proclamation of
successor, valid, and crimes punishable. | |
| IV. Provided always, and it is hereby declared, That nothing in this act contained, shall extend, or be construed to extend, to alter, or abridge the power of the governor, lieutenant governor, or commander in chief, or president and council, of this colony and dominion, for the time being, here, to prorogue or dissolve this or any other general assembly, in this dominion, within the said six months, or at any other time: Nor to limit the governor, lieutenant governor, commander in chief, or president and council, for the time being, in the execution of any instructions he or they shall receive from the succeeding king or queen or England, relating to the prorogation or dissolution of assemblies. | Not to limit the power of the executive. | |
 CHAP. XXIX. | ||
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| 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 there shall be satisfied and paid, to her majesty, her heirs and successors, for and towards the better support and maintenance of the college of William and Mary, in Virginia, the following duties, customs and imposts, for the following goods, wares and merchandizes, which shall be exported and carried out of this her majesty's dominion, either by land or water: (That is to say,) | Duty on skins. |
| For every raw hide, three pence; For every tann'd hide, six pence: For every drest buck-skin, one penny three farthings: For every undrest buck-skin, one penny: For every doe-skin drest, one penny half penny: For every undrest doe-skin, three farthings: For every pound of bever, three pence: For every otter-skin, two pence: For every wild cat-skin, one penny half penny: for every mink-skin, one penny: For every fox-skin, one penny half penny: For every dozen of racoon-skins, three pence, and so proportionably for a greater or lesser quantity: For every dozen of musk-rat-skins, two pence, and so proportionably for a greater or lesser quantity: And for every elk-skin, four pence half penny. | Specification. |
| II. And be it enacted, That the said duties, customs, and imposts, shall be paid and satisfied, by the person or persons exporting or carrying out the same, either by land or water, to the collector or collectors, which shall be appointed by the governor, or commander in chief, for the time being, with the advice of the council, to receive the said dutys, customs, and impost, before the said goods, wares, and merchandizes shall be shipped off, exported, or carried out of and from this dominion, either by land or by water; and a certificate thereof obtained from the collector or collectors of the district where such goods, wares and merchandizes shall be so exported or carried away, signifying the paiment and satisfaction of such duties, customs, and impost, as aforesaid; under the penalty of forfeiting such of the goods, wares, and merchandizes, which shall be shipped off, or loaden on board of any boat, sloop, ship, or vessel, in order to the exportation thereof by water, or endeavoured to be carried out of this county by land: The one moiety thereof to her majesty, her heirs and successors, to and for the better support of the government, and the contingent charges | How payable. Penalty, on failure. |
| thereof; and the other moeity to him or them that shall sue or prosecute for the same, in any court of record within this colony: To be recovered, with costs, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | ||
| III. And be it further enacted, That the several collectors, or officers, appointed to collect and receive the said duties, customs, and imposts, shall, from time to time, be accountable and pay the same to the governors of the said college of William and Mary, or such other person or persons as shall be by them lawfully deputed: And that for the receiving and paying thereof, the said collector or collectors shall be allowed six per cent. | Commissions on collecting. | |
| IV. 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. XXX. | ||
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| 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 or persons, brought up in the christian religion, shall, by writing, printing, teaching, or advised speaking, deny the being of a God, or the Holy Trinity, or shall assert or maintain there are more Gods than one, or shall deny the christian religion to be true, or the holy scriptures of the old and new testament to be of divine authority, and be thereof lawfully convicted upon indictment or information, in the general court of this her majesty's colony and dominion; such person or persons, for the first offence, shall be adjudged uncapable, or disabled in law, to all intents and purposes whatsoever, to hold and enjoy any office or emploiment, ecclesiastical, civil, or military, or any part in | Atheism, deism, and infidelity, how punishable. 1st offence. |
| them or any profit or advantage to them appertaining, or any of them: And if any person or persons, so convicted, as aforesaid, shall, at any time of his or their conviction, enjoy or possess any office, place or emploiment, shall be void, and is hereby declared void: And if such person or persons shall be a second time lawfully convicted, as aforesaid, of all and any of the crimes aforesaid, that then he, she, or they, shall from thenceforth be disabled to sue, prosecute, plead, or use, any action or information, in any court of law or equity, or to be guardian to any child, or to be executor or administrator of any person, or capable of any deed of gift or legacy, or to bear any office, civil or military, for ever, within this her majesty's colony and dominion; and shall also suffer, from the time of such conviction, three years imprisonment, without bail or mainprise. | 2nd offence |
| II. Provided always, and be it enacted, by the authority aforesaid, and it is hereby enacted, That no person shall be prosecuted, by virtue of this act, for any word spoken, unless information, upon oath, be given in, of the words, before one or more justice or justices of the peace, within one month after such words spoken, and the prosecution of such offence be within twelve months after such information. | Limitation. |
| III. Provided also, and be it enacted, by the authority aforesaid, and it is hereby enacted, That if any person or persons convicted the first time, of all, or any of the aforesaid crimes, in manner aforesaid, shall, within the space of six months after his, her, or their conviction, make his, her, or their public acknowledgement and renunciation of such offence, or erroneous opinions, in the same court where such person or persons was or were convicted, that then, he, she, or they, shall be thence freed and discharged from all penalties and disabilities incurred by such conviction; any thing in this act to the contrary, in any-wise, notwithstanding. | Recantation. |
| IV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any person or persons shall profanely swear or curse, or shall be drunk, he, she, or they so offending, for every such offence, being thereof convicted, by the oath of one or more witnesses, which oath, any justice of the peace is hereby impowered and required to administer, (or by confession | Swearing, cursing, or drunkeness, how punishable. |
| before one or more justice or justices of the peace in the county where such offence shall be committed,) shall forfeit and pay the sum of five shillings, or fifty pounds of tobacco, for every such offence; or if the offence or offences be committed in the presence and hearing of one or more justice or justices of the peace, or in any court of record in this her majesty's colony and dominion, the same shall be a sufficient conviction, without any other evidence; and the said offender shall, upon such conviction, forfeit and pay the sum of five shillings, or fifty pounds of tobacco, for every such offence: And if any person or persons shall refuse to make present paiment, or give sufficient caution for the paiment of the same, at the laying of the next parish levy after the said offence committed, then the said fines and penalties shall be levied upon the goods of such person or persons by warrant or precept, from any justice of peace before whom the same conviction shall be; which warrant may be directed to the sheriff of the county, or to the constable in his respective precinct, to be appraised and valued, as in other distresses: And if the offender or offenders be not able to pay the said sum or sums, then he, she or they, shall have and receive ten lashes upon his or her bare back, well laid on, for every such offence. | Proof. Fines, how collected. Punishment. |
| V. Provided always, That every prosecution, by virtue of this act, for swearing, cursing, or for being drunk, shall be made within two months after the offence committed, and not afterwards. | Limitation. |
| VI. And to the end, that the Lord's Day, commonly called Sunday, may be kept holy, | |
| VII. Be it enacted, and it is hereby enacted, by the authority aforesaid, That if any person, being of the age of twenty-one years, or upwards, shall wilfully absent him or herself from divine service at his or her parish church or chapel, the space of one month, (excepting as is excepted in an act of parliament passed in the first year of King William and Queen Mary, intituled, An act for exempting their majesty's protestant subjects dissenting from the church of England, from the penalties of certain laws;) and shall not, when there, in a decent and orderly manner, continue till the said service is ended; and if any person shall, on that day be present at any disorderly meeting, gaming, or tippling, | Not attending church. Toleration act. |
| or shall, on the said day, make any journey, and travel upon the road, except to and from church, (cases of necessity and charity excepted,) or shall, on the said day, be found working in their corn or tobacco, or any other labour of their ordinary calling, other than is necessary for the sustenance of man and beast; every person failing or making default in any of the premises, and being lawfully convicted, by confession, or otherwise, before one or more justice or justices of peace of the county wherein such offence shall be committed, (so that prosecution be made within two months after such default,) shall forfeit and pay, for every such offence, the sum of five shillings, or fifty pounds of tobacco: And if any person or persons herein offending, shall refuse to make present paiment, or give sufficient caution for the paiment of the fine at the laying of the next parish levy after such offence committed, each party so offending, and not paying or giving security as aforesaid, shall, by order of such justice or justices before whom such conviction shall be, receive on his or her bare back, ten lashes, well laid on. | Working on Sunday. Punishment. |
| VIII. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That every person, not being a servant or slave, committing adultery or fornication, and being thereof lawfully convicted, by the oaths of two or more credible witnesses, or confession of the party, shall, for every offence of adultery, forfeit and pay one thousand pounds of tobacco, and cask; and for every offence of fornication, five hundred pounds of tobacco, and cask: To be recovered by the suit or prosecution of the churchwarden or churchwardens of the parish wherein such offence shall be committed, by bill, plaint, or information, in any court of record within this her majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. And if any person or persons offending herein, shall refuse to make present paiment, or give sufficient caution for the paiment of the fine, at the laying of the next parish levy after such conviction, every party so offending, and not paying or giving security as aforesaid, shall receive on his or her bare back, at the public whipping-post, twenty-five lashes, well laid on. | Adultery and fornication, how punishable. |
| IX. And be it enacted, by the authority aforesaid, and it is hereby enacted and declared, That all the fines and |
| forfeitures in this act mentioned, shall be paid to the churchwardens of that parish wherein the offence shall be committed; who shall be accountable for the same, to the vestry, for the use of the poor of the parish: Which said vestry shall annually, on Easter Tuesday, if fair, (if not, the next fair day,) at the parish church, distribute the said fines and forfeitures, according to their discretion, among the poor of their parish. | Fines appropriated. |
| X. And be it further enacted, by the authority aforesaid, That this act shall be publicly read two several times in the year in all parish churches and chapels within this colony, by the minister, clerk, or reader of each parish, immediately after divine service; that is to say, on the first or second Sunday in April, and on the first or second Sunday in September, under the penalty of twenty shillings for every such omission and neglect; and the churchwardens of every parish are hereby required to provide a copy of this act, at the charge of the parish. | This act to be read in churches. |
| XI. Provided always, That nothing therein contained, shall be construed to exempt any clergyman within this colony, who shall be guilty of any of the crimes herein before-mentioned, from such further punishment as might have been inflicted on him for the same, before the making of this act; any thing herein contained to the contrary, notwithstanding. | Further punishment on clergyman. |
| 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 the suppression of vice, or restraint and punishment of blasphemous, wicked, and dissolute persons, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
CHAP. XXXI. | |
| An act for security and defence of the country in times of danger. | Edi. 1733 and 1752. See chap. 5, 1727. |
| FOR the better security and defence of this country in times of danger, | [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 upon any invasion of |
| the enemy by sea or land, or upon any insurrection, the governor or commander in chief of this colony and dominion, for the time being, have full power to levy, raise, arm and muster such a number of forces out of the militia of this colony as shall be thought requisite and needfull for repelling the invasion or suppressing the insurrection, and the same being raised, to order, direct, march, employ, continue, discharge and disband, as the occasion shall require, or the cause of danger ceases for which they were raised. | Governor authorised to call out the militia, on invasions or insurrections. |
| And be it further enacted, That upon raising or continuance of forces as aforesaid, it shall and may be lawfull by warrant under the hand and seal of any commander in chief, colonel, lieutenant colonel or major, commanding any part of the same, to impress and take up necessary provisions off and from any person or persons, and to impress and take up sloops and boats necessary for the transportation of forces over rivers and creeks, or the main bay of Chesapeak, together with the rigging, tackell, furniture and apparell, belonging thereunto, and also all manner of conveniencys for the land carriage of provisions, great guns, arms and ammunition, from place to place, and likewise to impress and take up any manner of utensils, tools or instruments which shall or may be wanted for digging and intrenching, or towards the mounting the great guns and making them usefull. | Power of impressment, of provisions, carriages, &c. |
| And further, That it shall and may be lawfull by warrant as aforesaid, to impress able and fit men to go in sloops and boats, and also to impress any smith, wheel-right, carpenter or other artificer whatsoever, which shall be thought usefull for the fixing of arms and making of carriages for great guns, or for doing any other work whatsoever, where need shall be of such artificer. | Of artificers, &c. |
| Provided always, and be it enacted, That it shall not be lawfull to make use of any provisions, conveniencys for land carriage, utensills, tools or instruments, impressed and taken up as aforesaid, untill appraisment hath been made thereof in tobacco by two good and lawfull men upon oath, nor of any boat or sloop untill appraisment hath been made of the same as aforesaid, with the severall appurtenances belonging thereunto and also an estimate made by the same men, of a suitable | Articles impressed, how appraised. |
| allowance in tobacco by the day for the use of the said boat or sloop and every person impressing and taking up any of the particulars aforesaid, is hereby required to take care that an appraisment and estimate be made as aforesaid, and to give a receipt to the owner for every perticular by him impressed and taken up, with an account therein how the same was appraised and how estimated, and for what use and service imprest and taken up, upon pain of being lyable to the action of the party grieved, for an unlawfull seizure. | |
| And because it may be an advantage to discover the enemy in his approach and there may be a necessity of taking up arms before notice can be given of an alarm to the governor and his commands or orders thereupon had how to act, | |
| Be it therefore enacted, That in each of the countys of Elizabeth City, Princess Anne and Northampton, at such times and places as the governor or commander in chief of this colony and dominion shall think fit to direct one man be appointed by the chief officer of the militia residing within the respective countys, which men shall keep a constant look out to seaward by night and by day, and if any of the said men shall happen to espy any ship or vessell upon the sea, he shall diligently observe the courses and motions of the said ship or vessell, and if upon such observation he shall suspect that the aid ship or vessell doth belong to an enemy he shall imediately give notice thereof to the next field officer in his county. | Look-outs to be employed towards the sea. |
| And be it further enacted, That when any notice shall be given to the chief militia officer within any ffrontier county either by sea or land of the approach of an enemy, such chief officer is hereby authorised, impowered and required, immediately to issue his warrant for the impressing of horses, boats and men, as the occasion shall require, to carry an account of the said intelligence to the governor or commander in chief of this colony and dominion for the time being to the commander in chief of the militia in the said county, and to the chief militia officer residing in the next adjacent ffrontier county, and how he designs to proceed thereon. | Duty of officers, in giving intelligence of the approach of an enemy. |
| And be it further enacted, That any chief militia officer to whom notice of the approach of an enemy shall |
| be given as aforesaid, shall thereupon have full power to levy and raise all or any part of the militia under his command, and with the advice of the commission officers that meet him to march the same against and engage the enemy untill notice of the alarm can be sent to the governor and orders and directions come from him how to act. | Militia to be embodied. |
| And be it further enacted, That the officers and soldiers which shall be raised and the look-outs which shall be appointed by virtue of this act, shall be paid and allowed by the publick after the following rates, to wit: | Pay of officers, soldiers and look-outs. |
| A colonel and commander in chief, seventy pounds of tobacco per
day. A colonel of horse, sixty pounds of tobacco per day. A lieutenant-colonel of horse, fifty pounds of tobacco per day. A major of horse, fifty pounds of tobacco per day. A captain of horse or dragoons, thirty-five pounds of tobacco per day. A lieutenant of horse or dragoons, thirty pounds of tobacco per day. A cornet of horse or dragoons, twenty-five pounds of tobacco per day. A horseman or dragoon, twenty pounds of tobacco per day. A colonel of foot, fifty pounds of tobacco per day. A lieutenant-colonel of foot, forty pounds of tobacco per day. A major of foot, forty pounds of tobacco per day. A captain of foot, thirty pounds of tobacco per day. A lieutenant of foot, twenty-five pounds of tobacco per day. An ensign of foot, twenty pounds of tobacco per day. A foot soldier, fifteen pounds of tobacco per day. A look-out, after the rate of two hundred pounds of tobacco per month. | |
| Provided always, and it is the true intent and meaning of this act, That for the pay and allowance given by this act as aforesaid, every horsemen and dragoon shall find and provide himself with an horse and horse furniture, arms and ammunition, and every foot soldiers arms and ammunition. | Soldiers to provide their own arms and accoutrements. |
| Provided also, That whensoever any part of the militia raised by virtue of this act shall be discharged again within four days, no pay or allowance shall be given for the same, but every man shall bear his own charge, and that when any part of the militia raised as aforesaid, shall be kept in service above four days, the same shall be paid and allowed for the whole time of service according to the rates directed by this act, any thing in this act before contained to the contrary thereof in any wise notwithstanding. | Proviso, where the militia are not employed above 4 days. |
| And be it further enacted, That every smith, wheelright, carpenter or other artificer imprest by virtue of this act and employed about fixing of arms, making of carriages for great guns, or other work requiring an artificer, shall be paid and allowed by the public after the rates following, to witt: every smith fifty pounds to tobacco per day, and every carpenter, wheel-right or other artificer impressed as aforesaid, forty pounds of tobacco per day, and that every man imprest as aforesaid to go in a sloop or boat, shall be paid and allowed by the publick fifteen pounds of tobacco per day. | Pay of artificers. Of men impressed to go in boats. |
| Provided always, and it is the true intent and meaning of this act, That for any message sent according to the directions of this act,, either by land or water, allowance shall be made for carrying the same as the law directs for other expresses, and not otherways, any thing in this act to the contrary notwithstanding. | Expresses. |
| And be it further enacted, That the owner or owners of any provisions, conveniencys for land carriage, utensills, tool or instruments, impressed and taken up by virtue of this act, shall be paid and sattisfyed for the same by the publick according to the respective value thereof by the appraisment, made in pursuance of this act. | Articles impressed, how paid for. |
| And be it further enacted, That the owner or owners of any boat or sloop, imprest, taken up, and employed by virtue and according to the directions of this act, shall be allowed and paid by the publick for the sue of the same according to the estimate made in pursuance of this act, and in case such sloop or boat be cast away or lost in the service, then the owner or owners thereof shall be paid for the same according to the appraisement made in pursuance of this act, and half the pay for the use. | Boats, and sloops, how paid for, if lost. |
| And be it further enacted, That if any boat or sloop, imprest, taken up and imployed by virtue and according to the directions of this act, be damnifyed in the service, then sattisfaction shall be made to the owner or owners thereof, according to the damage received, beside the pay for the use. | If damaged. |
| Provided always, and it is hereby meant and intended, That all such damage shall be inquired and found by two indifferent persons upon oath, to be chosen and appointed by any justice of the peace within the county where the sloop or boat so damnifyed shall happen to be. | Damage, how ascertained. |
| And be it further enacted, That this act continue in force till the thirtyeth day of June, which shall be in the year of our Lord, one thousand seven hundred and eight, and no longer. | Limitation of this act. |
| 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. XXXII. An act concerning Juries. | |
| I. FOR the more regular inquiry into the breaches of penal laws, and trials of matters of fact, in the several courts of judicature in this dominion, by grand juries and petit juries, | |
| 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 every county court, shall cause at least four and twenty freeholders of their county, to be summoned to appear at May court, and November court, in every year; out of which, shall be impannelled a grand jury, who shall be sworn to make inquiry into the breach of the laws, and to make presentment of the offenders: And such grand jury having made presentment of all such matters as come to their knowledge, shall be discharged at the adjournment of the same court; but if they cannot | Grand juries, in county courts, when to be summoned. |
| agree upon all their presentments before such adjournment, then they shall have liberty to finish their presentments, and to appear, and present them at the next court; always observing, that when they make any presentment, upon the information of any other persons than themselves, that they write the names of such persons under the presentment, to the end the same may be the more effectually prosecuted: And if any freeholder, summoned to appear at May court, or November court, as aforesaid, shall fail to appear, (so as no grand jury can thereupon be impannelled,) such freeholder, so failing to appear, shall be fined by the court, in the sum of two hundred pounds of tobacco, to sour sovereign lady the queen, her heirs and successors, for the use of the county: And if the court of any county shall fail to give order for the summoning four and twenty freeholders of their county, as aforesaid, to make a grand jury; or, upon the appearance of fifteen of them, shall omit to swear a grand jury, as aforesaid, every member of such court, so failing, or omitting, shall forfeit and pay four hundred pounds of tobacco, to hour sovereign lady the queen, her heirs and successors, for and towards the better support of the government of this her majesty's colony and dominion, and the contingent charges thereof: To be recovered by action of debt, bill, plaint, or information, in any court of record within this dominion, in which no essoin, protection, or wager of law, shall be allowed. And if the sheriff of any county, upon order given by the court, to summon twenty-four freeholders, as aforesaid, shall fail to perform his duty therein, and to return the names of the persons summoned, he shall forfeit and pay one thousand pounds of tobacco, to our sovereign lady the queen, her heirs and successors, for and towards the better support of the government of this her majesty's colony and dominion, and the contingent charges thereof: To be recovered by action of debt, bill, plaint, or information, in any court of record, within this dominion; in which no essoin, protection, or wager of law, shall be allowed. | How to make presentments. Fine for not appearing. Number of grand jury. Penalty on court failing to order a grand jury. On sheriff failing to summon. |
| III. And, for presentments to be made at the general court, it shall be lawful, for the sheriff, or other officer, attending the said court, to summon a grand jury of the by-standers, being freeholders, who shall and | Grand juries in general court, may be composed of bye-standers. |
| may, and are hereby declared to have full power, to make presentments of any offences whatsoever, committed or to be committed or done, within this colony. And, to the end that the grand juries summoned to the general court, may be constituted of the most capable persons, it shall be lawful for the said general court, upon the first or second day of their sitting, to make a rule, for the sheriff, or other officer, attending the court, to summon twenty-four persons, as aforesaid, to attend the court, for a grand jury: And if any person, so summoned, shall fail to appear, he shall forfeit and pay four hundred pounds of tobacco, to our sovereign lady the queen, her heirs and successors, for and towards the better support of the government of this her majesty's colony and dominion, and the contingent charges thereof: To be recovered, by action of debt, bill, plaint, or information, in any court of record within this dominion; in which no essoin, protection, or wager of law, shall be allowed. | Fine for not appearing. |
| IV. Provided always, That no grand jury shall make any presentments, as of their own knowledge, upon the information of less than two persons of their own number. | How to make presentments. |
| V. And be it further enacted, That for the trial of all causes, (treason and felony excepted) both in the general court, and county court, the sheriff, and other officer, attending the court, shall, every morning the court sits, summon a sufficient number of the by-standers, qualified as hereafter is directed, to attend the court, for that day; that out of them may be impannelled a sufficient jury, for the trial of any cause (except before excepted) which shall be depending in such court. And if any by-stander, being summoned, as aforesaid, shall fail to attend the court, so as a sufficient jury cannot be impannelled, every such by-stander, so failing, shall be fined by the court, four hundred pounds of tobacco, to our sovereign lady the queen, her heirs and successors, for and towards the better support of the government of this her majesty's colony and dominion, and the contingent charges thereof. | Petit jury, for trial of civil causes, their number and
qualifications. Fine for not appearing. |
| VI. And for the trials of all treasons and felonies, Be it enacted, by the authority aforesaid, That the petit jury for the same, shall be made up in manner following: (That is to say,) When any person shall be committed, | Venire, for criminal causes, how summoned. |
| for treason or felony, the sheriff, or other officer to whom such person shall be committed, shall signify the same to the clerk of the general court, for the time being, together with the crime for which such commitment shall be made, and the particular place wherein the same shall be alledged to be committed: Whereupon, the clerk of the general court shall issue forth a writ of venire facias, to the sheriff of the county where the crime shall be alledged to be committed, requiring him to summon and return the names of six discreet and honest freeholders of his county, residing as near as may be to that part of the county where that crime shall be alledged to be committed, to appear at the fourth day of the general court then next coming, to be of the jury for the trial of the same; which six freeholders, or so many of them as shall not be challenged, shall be of the jury; and as many persons more as shall be wanting to make up the pannel, shall be taken of the by-standers, being discreet and honest freeholders within this colony, and who shall, every one of them, be possessed of a visible real and personal estate, of the value of one hundred pounds, at least. | |
| VII. And be it further enacted, by the authority aforesaid, That no person shall be capable to be of a jury, for the trial of any treason, felony, breach of the peace, or of any misprision, breach of any penal law, or any other pleas of the crown, or of any estate of freehold, or any estate or title in or to any lands, tenements or hereditaments, in any court in this dominion, unless such person shall be a freeholder, and shall be possessed of a visible estate, real and personal, of at least the value of one hundred pounds sterling. And that no person shall be capable to be of a jury for the trial of any cause whatsoever, in the general court, unless he be a freeholder, and possessed of a visible estate, real and personal, of the said value of one hundred pounds sterling, at the least. And that no person shall be capable to be of a jury, for the trial of any cause whatsoever, in any county court within this dominion, unless he shall be possessed of a visible estate, real or personal, of the value of fifty pounds sterling, at the least. And that no sheriff, or other officer, shall, at any time hereafter, summon or return any person to serve as a | Qualifications of jurors, in criminal and civil causes. |
| juryman, in any court who shall not be capacitated for the same, according as is herein before directed. | |
| VIII. Provided always, That the exceptions to be taken to any jury-man, on account of his estate, shall be taken before he be sworn, or else not to be allowed. | Exceptions, when taken. |
| 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 the inquiry into the breaches of penal laws, and trials of matters of fact, in the several courts of judicature, in this dominion, by juries, or concerning any matters or things within the purview of this act, is, and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| Pages 329-349
| Pages 371-395
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