Pages 441-462 
|  Pages 482-499
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| Pages 441-462
| Pages 482-499
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| CHAP. L. An act to prevent killing Deer at unseasonable times. | |
| I. FOR the prevention of killing deer at unseasonable times, 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 it shall not be lawful to kill or destroy any deer running wild in the woods, or unfenced grounds of this colony and dominion, by gun, or any other ways or means whatsoever, between the first day of January in each year, and last day of August succeeding; or to buy or receive of any Indian, or other person whatsoever, any deer killed or destroied within the times aforesaid: And if any person, not being a servant or slave, shall kill or destroy any deer, contrary to this act, or shall buy or receive of any Indian, or other person whatsoever, any deer killed or destroied, contrary to this act, and be thereof lawfully convicted, the said person, for every deer so killed or destroied, or bought or received, as aforesaid, shall forfeit and pay the sum of five hundred pounds of tobacco. | Penalty for killing deer between certain periods. |
| II. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any servant or slave, by order or command of his or her master, mistress, or overseer, shall kill or destroy, or buy or receive any deer, contrary to this act, the master, mistress, | When servants or slaves kill deer by order of their masters. |
| or overseer, giving such order or command, being thereof lawfully convicted, for every deer so killed or destroied, or bought or received, as aforesaid, shall forfeit and pay the aforesaid penalty of five hundred pounds of tobacco, as if the said master, mistress, or overseer, had actually committed the offence. | |
| III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any servant or slave, of his or her own accord, without any order or command from his or her master, mistress, or overseer, shall kill or destroy, or buy or receive any deer contrary to this act, and be thereof convicted, by the oath of one credible witness before a justice of the peace of the county wherein the offence is committed, for every deer so killed or destroied, or bought or received, as aforesaid, the said servant or slave shall have and receive, on his or her bare back, thirty lashes well laid on, to be inflicted by order of the justice, before whom the conviction shall be; unless some sufficient person will become bound to pay for the said servant or slave, the sum of five hundred pounds of tobacco, within six months, in lieu of the punishment aforesaid, to the church-wardens of the parish where the offence is committed, for the uses directed by this act. | Where without order to be whipped. |
| IV. And be it enacted, by the authority aforesaid, and it is hereby enacted, That one moiety of the forfeitures of this act, shall be to the church-wardens of the parish where the offence is committed, for the sue of the parish; and the other moiety to the informer: 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, shall be allowed. | Fines appropriated. |
| V. 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 killing deer, or any other matter or thing, within the purview of this act, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| CHAP. LI. | |||
| See chap. 5, 1726. | ||
| WHEREAS, by one act past at this present session of assembly, entituled an act directing the manner of levying executions, and for relief of poor prisoners for debt, it is directed that when any goods or chattels are taken in execution for any debt they shall remain be appraised, now for the better and more certain understanding of the said act, | [From MS.] Preamble. | ||
| Be it enacted, by the governor, councill, and burgesses of this present generall assembly, and it is hereby enacted, and declared by the authority of the same, That when any goods or chattels shall be seized or taken in execution, either by a writ of fieri facias or levari facias, the party from whom the same shall be taken, shall have the liberty of three naturall days (Sundays exclusive) from and after the time of such seizure to make payment of what shall be due, and if in that time he or she shall offer to pay unto the sheriff or other officer in whose custody the goods and chattels shall be, the sum comanded to be levyed) either in money or such other specie as shall be due, then and in such case the said sheriff or other officer is hereby required to accept of such payment and thereupon to discharge the goods and chattels so taken in execution and every part thereof, as if the same had never been seized or taken; any law, custom, or usage, to the contrary in any-wise, notwithstanding. | If the debtor tender to the sheriff, the amount of execution, within three days, the goods so taken to be restored. | ||
| CHAP. LII. | |||
| See vol. 1 & 2, Index, tit. INDIANS. | ||
| I. FOR prevention of all manner of animosities, jealousies, fears, misunderstandings, and differences whatsoever, |
| between the tributary Indians and other her majesty's subjects of this colony and dominion, as also the several revenges and mischiefs which may thereupon be sought after and ensue, | |
| 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 it shall not be lawful for an Indian king, or any other of the said tributary Indians whatsoever, to bargain and sell, or demise to any person or persons, other than to some of their own nation, or their posterity in fee, for life, or for years, the lands laid out and appropriated for the use of the said Indians, or any part or parcel thereof, or to bargain and sell, as aforesaid, any other land whatsoever, now actually possessed, or justly claimed and pretended to by the said Indians, or any of them, by virtue of the articles of peace made and concluded with the said Indians, the twenty-ninth day of May, one thousand six hundred and seventy-seven, or by virtue of an other right or title whatsoever; and that ever bargain, sale, or demise hereafter made, contrary to this act, as aforesaid, shall be and is hereby declared to be null and void, to all intents, constructions, and purposes whatsoever. | Tributary Indians disabled from conveying lands. |
| III. And be it further enacted, by the authority aforesaid, That if any person or persons, (other then the Indians, and their posterity) shall, from and after the publication of this act, presume to purchase or obtain any deed or conveyance in fee, or any lease for years, from any of the tributary Indians, of any lands, tenements, or hereditaments laid out or appropriated, or now actually possessed, or justly claimed and pretended to, by the said Indians; or shall occupy or tend any of the said lands, by permission of the said Indians, or otherwise, every person or persons so offending, and being thereof lawfully convicted, in any court of record within this colony, shall forfeit and pay the sum of ten shillings current money, for every acre of land so purchased, leased or occupied: And for every year during the continuance of the possession, or occupation of any lands, by virtue of such purchase or lease, the person or persons so offending, shall forfeit and pay the sum of ten shillings current money for every act of land so possessed or occupied, as aforesaid; one moiety of | Penalty for taking conveyances from Indians. |
| which said forfeitures shall be 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; and the other moiety to the informer: To be recovered by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | |
| IV. Provided nevertheless, That it shall and may be lawful for the general court of this dominion, to receive and examine the several claims of George Shilling, to three hundred acres of land; of Michael Waldrop, to ninety acres of land; and of the heir of George Southerland, deceased, to two hundred acres of land: All which lands are said to be part of the lands laid out for the Pamunkey Indians; and if it shall appear to the said court, that the said persons or any of them, have as equitable pretensions to the said lands, as those persons had, who have already obtained patents for other part of the land laid out for the said Indians, then it shall be lawful for the governor, or commander in chief of this dominion, for the time being, by and with the advice and consent of the council, to grant patents to the several persons before named, (or so many of them as make the equity of their pretensions appear) for the said several quantities of land by them claimed respectively, if there shall be so much contained within their bounds, but not for any greater quantity, although their bounds contain the same. | Proviso in favour of some individuals. |
| V. And to the end, no different constructions may be made concerning the sense and meaning of a certain clause contained in the aforesaid articles of peace in these words, 'It is hereby concluded and established, that no English shall seat or plant, nearer than three miles of any Indian town,' | |
| VI. Be it enacted, by the authority aforesaid, and it is hereby enacted and declared, That where an Indian town is seated, on or near a navigable river, and the English have already seated and planted within three miles of the said town, on the opposite side of the river, the said clause shall not be construed, deemed, or taken, to give the said Indian town any privilege on the said opposite side: But in such case, the privilege of the said Indian town, shall be limited by the river. | Explanation of a clause in the articles of peace. |
| VII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the Indians tributary to this government, shall be well secured and defended in their persons, goods, and properties; and that whosoever shall defraud, or take from them, their goods, or do hurt or injury to their persons, shall make satisfaction, and be punished for the same, according to law, as if the Indian sufferer had been an Englishman. | Tributary Indians, protected by the laws. |
| VIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the Indians tributary to this government, shall have and enjoy their wonted conveniencies of oistering and fishing, and of gathering, on the lands belonging to the English, tuckahoe, cuttenemons, wild oats, rushes, puckoon, or other things, not useful to the English, upon a licence first had from a justice of the peace of the county where they come for those purposes: And if any Englishman take from any of the said Indians, any goods, or kill, wound, or maim any one of them, as they come in, whilst they tarry, or as they return, he shall be punished, and suffer, as if he had done the same thing to an Englishman. | May be licenced to oyster, fish, &c. |
| IX. Provided always, and it is hereby meant and intended, That the said Indians shall not bring with them any guns, ammunition, or offensive weapons, but tools only for their use; that they shall not presume to oister, fish and gather tuckahoe, or other things, as aforesaid, without a licence first had from a justice of the peace, as aforesaid; that the justice, in his licence, shall limit the time of the Indians stay; and that it shall not be lawful for the Indians to tarry beyond the time limited. | But shall not carry offensive weapons. |
| X. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That all Indian kings and queens tributary to this government, having the least notice of a march of strange Indians near the English quarters or plantations, shall forthwith repair, or at least send one of their great men, to the next militia officer, to acquaint him what they know of their nation, number, and design, and which way they bend their course; and if the tributary Indians then desire any aid against the strange Indians, the colonel of the militia in those parts, shall forthwith send out a convenient party of the said militia to join with them for their better defence and security on that occasion. | Shall give notice of approach of strange Indians. |
| XI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That all Indians tributary to, and under the protection of this government, shall march, with the English, in pursuit of foreign Indians, whensoever they are thereunto commanded, and shall continue with the English in the said pursuit as the occasion requires. | Shall march with the English. |
| XII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That there be a free and open trade for all persons, at all times, and at all places, with all Indians whatsoever. | Free trade with all Indians. |
| XIII. Provided always, and be it enacted, by the authority aforesaid, That if any person or persons shall after the publication of this act, sell, or offer to sale, any rum, or brandy, within any town of the tributary Indians, or to any Indian, upon any land belonging to any such town; every such person or persons so offending, and being thereof lawfully convicted before any justice of the peace of the county where the offence shall be committed, shall forfeit and pay ten shillings current money, for every quart of rum, or brandy sold, or offered to sale, as aforesaid, and so proportionably for a greater or lesser quantity; one moiety of which fines, shall be to her majesty, her heirs and successors, for an towards the support of the government of this colony, and the contingent charges thereof: and the other moiety to the informer. | Sale of rum or brandy, prohibited in Indian towns, or on their lands. |
| XIV. Provided nevertheless, and be it enacted, That if any person or persons shall hereafter, at his or their own charge, make discovery of any town or nation of Indians, situate or inhabiting to the westward of, or between the Appalation mountains; in such case, it shall be lawful to and for the governor, or commander in chief of this dominion, for the time being, by and with the advice and consent of her majesty's council of state, by charter or grant, under the seal of the colony, to grant, unto such person or persons so discovering, as aforesaid, and to their executors, administrators, and assigns, for the space of fourteen years when next coming, the sole liberty and right of trading to and with all and every such town or towns, nation or nations of Indians so discovered as aforesaid, with such clauses or articles of restraint or prohibition of all other | Discoveries westward of the mountains, may be encouraged by charters of incorporation. |
| * See ante ch. IX, 1691, and notes. |
| persons from the said trade, and under such penalties and forfeitures as shall be thought convenient: Which said charter or grant is hereby enacted and declared to be good and valid in law, to the intents and purposes therein mentioned; and all and every clause and article thereof shall be observed, fulfilled, and obeyed, under the penalties and forfeitures therein to be contained: And if occasion shall so require, the said governor, or commander in chief, with the advice and consent of the council, as aforesaid, is hereby impowered, by such charter or grant as aforesaid, to make an constitute such discoveries and such other persons as they shall desire, to be one body corporate and politic, by such name, in such manner, and with such liberties and privileges as shall appear to be necessary, for the better enabling them to make the most benefit and advantage of the said trade exclusive of all other persons; any thing in this act contained to the contrary, or seeming to the contrary, in any-wise, notwithstanding. | |
| XV. 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 tributary Indians; or to a free and open trade with all Indians; or any other matter or thing whatsoever, within the purview of this act, except one act made at a general assembly, held by prorogation, the eighteenth day of April, one thousand seven hundred and five, intituled, An act concerning the Nansiaitico, [Nansiattico] and other Indians, is and are hereby repealed, and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| CHAP. LIII. An act for the regulation and settlement of Ferries; and for the dispatch of public expresses. | |
| I. WHEREAS a good regulation of ferries in this her majesty's colony and dominion will prove very useful for the dispatch of public affairs, and for the ease and benefit of travellers, and men in business, | Preamble. |
| II. Be it therefore enacted, by the governor, council, and burgesses, of this present generall assembly, and it is hereby enacted, by the authority of the same, That |
| Ferries be constantly kept at the places hereafter named; and that the rates for passing the said ferries be as followeth, viz. | |
| On James River. | |
| In Henrico county at Varina, the price for a man three pence three
farthings, for a man and horse seven pence halfpenny. At Bermuda hundred, the price for a man six pence, for a man and horse one shilling. In Charles City county, at Westover, the price for a man seven pence halfpenny, for a man and horse fifteen pence. In Appamatock river, at the usual place, near colonel Byrd's store, the price for a man three pence three farthings, for a man three pence three farthings, for a man and horse seven pence halfpenny. In Prince George county, at Coggan's point, and Maycock's, the price the same as at Westover. From Powhatan town to the landing at Swineherd's the price for man seven pence halfpenny, for a man and horse fifteen pence: And then from the Sicamore landing by Windmill point to the widow Jones's landing at Wyanoke, the same price as from Powhatan. In Surry county, from Hog-Island to Archer's Hope, so long as the ferry-keeper will, at his own charge, keep a sufficient bridge over Hog-Island main, to the end, the said bridge may never become a county charge, the price for a man fifteen pence, for a man and horse two shillings and six pence. At the mouth of Upper Chipoake's creek over to the Row, or Martin's Brandon, the price for a man six pence, for a man and horse one shilling. From Swan's point to James Town, the price for a man seven pence halfpenny, for a man and horse fifteen pence. From Crouche's creek to James Town, the price for a man one shilling, for a man and horse two shillings. In James City county, at James Town, the price to Swan's point, for a man seven pence halfpenny, for a man and horse fifteen pence. From James Town to Crouche's creek, for a man one shilling, for a man and horse two shillings. |
Ferries established, and rates of ferriag |
| At Williamsburg, from Princess Ann port to Hog-Island, for a man two
shillings and six pence, for a man and horse four shillings. At Chickahominy, at the usual place, on each side the river, the price for a man six pence, for a man and horse one shilling. From John Goddale's to William's neck, or Drummond's neck, for a man three pence three farthings, for a man and horse seven pence halfpenny. In Nansemond county, from Coiefield's point to Robert Peale's near Sleepyhole, the price for a man six pence, for a man and horse one shilling. In Elizabeth City county, at Hampton Town, from the Town point to Brooke's point, the price for a man three pence, for a man and horse six pence. From Hampton Town to Sewell's point, the price for a man three shillings, and for a man and horse six shillings. In Norfolk county, from Norfolk Town to Sawyer's point, or Lovet's plantation, the price for a man six pence, for a man and horse one shilling. | |
| Upon York River. | |
| In New-Kent, from Robert Peaseley's to Philip Williams's, the price
for a man six pence, for a man and horse one shilling. From the Brick-house to West Point, the price for a man one shilling, for a man and horse eighteen pence. From the Brick-house to Graves's the price for a man one shilling, for a man and horse two and twenty pence halfpenny. In King William county, from Spencer's over to the usual landing place, the price for a man six pence, for a man and horse one shilling. From Thomas Cranshaw's to the usual landing place, the price for a man three pence, for a man and horse six pence. From Philip Williams's to Peaseley's point, the price for a man six pence, for a man and horse one shilling. From West Point to the Brick-house, the price for a man one shilling, for a man and horse eighteen pence. From Abbott's landing, over Mattapony river, the price for a man three pence, for a man and horse six pence. |
| From West Point to Graves's, the price for a man six pence, for a
man and horse one shilling. In York county, from York town to Tindal's point, the price for a man seven pence halfpenny, for a man and horse fifteen pence. From Queen Mary's port at Williamsburg, to Claybank creek, in Gloucester county, the price for a man two shillings and six pence. From Captain Matthews's to Capahosack, the price for a man fifteen pence, for a man and horse two shillings and six pence. In Gloucester county, from Tindal's point to York town, the price for a man seven pence halfpenny, for a man and horse fifteen pence. From Capahosack to Captain Matthews's landing, or Seimmino creek, the price for a man fifteen pence, for a man and horse two shillings and six pence. From Bailey's over Peankatank, the price for a man six pence, for a man and horse one shilling. In King and Queen county, from Graves's to West Point, the price for a man six pence, for a man and horse one shilling. From Graves's to the Brick-house, the price for a man one shilling, for a man and horse two and twenty pence halfpenny. From Burford's to old Talbot's, the price for a man six pence, for a man and horse one shilling. From Captain Walker's mill landing, the price for a man three pence, for a man and horse six pence. In Middlesex county, over Peankatank, at Turk's ferry, the usual place, the price for a man three pence, for a man and horse six pence. | |
| On Rappahannock river. | |
| In Middlesex county, from Shelton's to Mattrom Wright's, the price
for a man two shillings, for a man and horse four shillings. From Brandon, to Chowning's point, the price for a man two shillings, for a man and horse four shillings. In Essex county, over Rappahannock, from the land of Daniel Henry to William Pannell's, the price for a man six pence, for a man and horse one shilling. From Bowler's, at the usual place, to Sucket's point, the price for a man fifteen pence, for a man and horse two shillings and six pence. |
| From Tappahanock town, over Rappahanock river, to Webley Pavies, or
to Rappahannock creek, on either side thereof, the price for a man fifteen pence, for a man and
horse two shillings and six pence. From Henry Long's over Rappahanock river to the usual place, the price for a man six pence, for a man and horse one shilling. In Richmond county, from William Pannel's over Rappahannock river, the price for a man six pence, for a man and horse one shilling. From Sucket's point to Bowler's the price for a man fifteen pence, for a man and horse two shillings and six pence. In Stafford county, from colonel William Fitzhugh's landing, in Potowmack river, over to Maryland, the price for a man two shillings and six pence, for a man and horse five shillings. From the Port of Northampton to the port of York, the price for a man fifteen shillings, for a man and horse thirty shillings. From the port of Northampton to the port of Hampton, the price for a man fifteen shillings, for a man and horse thirty shillings. | |
| III. And be it further enacted, That where a ferry is appointed by this act, on one side of the river, and none on the other to answer the same, it shall and may be lawful for the county courts, in such a case, to appoint an opposite ferry, and to order and allow the prices directed by this act. | County Courts may appoint ferries at opposite landings. |
| IV. And for the more orderly and better keeping the said ferries, Be it enacted, That the court of each county, wherein any ferry is or shall be appointed, by virtue of this act, shall have, and hereby hath full power and authority of licensing, allowing and appointing the ferry-keeper, and of ordering and directing what boat or boats and hands shall be kept there; and also, upon neglect or omission in the good and orderly keeping thereof, of discharging and turning out that ferry-keeper, and putting another in the place. | And may license keepers. |
| V. Provided always, That the said court, upon appointing any person to keep a ferry, do take bond, with one sufficient surety, in the sum of twenty pounds sterling, paiable to her majesty, for the constant and well keeping the same with boats and hands, according to | But shall take bond and security. |
| the direction of the said court; and also for the giving passages without delay to such public messages and expresses, as shall be mentioned by this act, to be ferry free. | |
| VI. And for the encouragement of the said ferry-keepers in the better keeping of the same, and in consideration of setting over the public messages and expresses, Be it further enacted That all the men attending in the said ferry boats, be free of public and county levies, and from all other public services, as musters, constables, clearing highways, being impressed, and other things of the like nature; and shall have their license without any fee or reward paid for obtaining the same, or for the petition, bond, or other matter or thing whatsoever, relating thereto: And also, if the said county court shall find it requisite or useful, that an ordinary be kept at such ferry, then, and in such case, they are hereby authorized and impowered to licence, such ferry-keepers to keep ordinary, without any other fee either for the license or for the obtaining the same, except half of the fee allowed by law to the governor, notwithstanding there be otherwise a sufficient number of ordinaries in the same county: And moreover, that in such case, no other person be permitted to keep ordinary, within five miles of such ferry-keeper so licenced to keep ordinary, unless it shall so happen, that the place of a county court, or land laid out for a town, shall require it. | Privileges of keepers of ferries. as to fees. Ordinaries. |
| VII. Provided always, and it is the true intent and meaning of this act, That when any ferry-keeper shall be so licenced to keep ordinary, the person so licenced, to keep ordinary, the person so licenced, shall, notwithstanding the immunities aforesaid, be liable to such like bonds, securities and penalties as other ordinary-keepers are and shall be liable unto. | |
| VIII. And be it also enacted, That if any other person whatsoever, for reward, shall set any person or persons over any of the rivers whereon ferries are or shall be appointed by virtue of this act, (except necessity of a parish require it for going to church, he or they so offending, shall forfeit and pay for every such offence, five pounds current money of Virginia: one half thereof to be to the nearest ferryman to the place where such offence shall be committed; and the other half to the informer; and if the ferry-keeper be the informer, then he to have the whole: to be recovered, | Penalty for taking ferriage where not licensed. |
| with costs, by action of debt, bill, plaint, or information, in any court of record in this her Majesty's colony and dominion, wherein no essoin, protection, or wager of law, shall be allowed. | |
| IX. Provided, nevertheless, and be it enacted, That it shall and may be lawful for any county court within this colony and dominion to appoint a ferry over any river or creek within the county, where the same shall be thought convenient; and also to agree with the keeper of any ferry appointed, or which shall be appointed by virtue of this act, to set over the militia of the county on muster days, and to raise an allowance for the same in the county levy. | Power of county courts, as to agreement with keepers of ferries, for transportation of militia. |
| X. Provided, That nothing in the aforesaid proviso contained, shall be construed to give liberty to any county court to levy or raise any allowance upon the inhabitants of the county for any ferry whatsoever, over a river or creek to another county. | |
| XI. And for explanation of what shall be accounted public messages or expresses within the meaning of this act, Be it enacted, That all expresses which shall be sent by the secretary, any one of the council, sheriff of a county, commander in chief, colonel, lieutenant colonel or major in the militia to his excellency the governor, or the governor or commander in chief of this colony and dominion, for the time being; or which shall be sent by such governor or commander in chief, or by the clerk of the council, to any person; or which shall be sent by any chief militia officer to the governor, or to the chief militia officer of the next county, to give intelligence of the approach of an enemy; or which shall come from beyond the sea, directed to the governor or commander in chief of this colony, shall be accounted public messages and expresses and expresses, and shall be ferry free, and within the meaning of the condition of the bond aforementioned, in case such expresses be directed for her Majesty's service and signed upon the superscription by the person or persons sending the same. | Public expresses, what deemed. |
| XII. And for the greater ease and encouragement of all messengers carrying such messages or expresses, Be it further enacted, That her Majesty's receiver general of this her Majesty's colony and dominion, for the time being, shall be and is hereby obliged to pay, always at the seat of the government, out of the revenue | Public messengers, how paid. |
| arising by virtue of the imposition of two shillings per hogshead, head money, fort duties, fines and rights, as being a contingency of the government, to every such messenger ready money, after the rate of four pence per mile for himself and horse, for every miles going he shall be sent forward on such public messages, in full consideration of his going and returning. And if, at any time such messenger shall be kept attending, by the governor or commander in chief of this her Majesty's colony and dominion, for the time being, the said receiver general shall, over and above, pay to such messenger for every such day's attendance, five shillings per day out of the fines and revenues aforesaid. | |
| XIII. Provided, That the messengers from the several counties, bring with them from the superscriber of the express, a certificate of the name of the messenger, and the distance of miles sent, and the days attendance certified by the governor, or commander in chief, for the time being, or the clerk of the council, other wise such messenger and attendant not to be paid or allowed. | Must produce certificates. |
| XIV. And be it further enacted, That if any messages or expresses be sent by water, the same shall be paid for as aforesaid, after the rate of fifteen pence per day for the boat, and two shillings per day for each man emploied to go in her. | Expresses by water, what paid. |
| XV. And be it further enacted, That this act shall continue in force seven years, and thereafter to the end of the next session of assembly. | Made perpetual by ch. 6, 1713. |
| CHAP. LIV. An act appointing a Treasurer. | |
| BE it enacted by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That all and every sum and sums of money to be raised by one act of assembly, passed this session, entituled an act laying impositions on liquors and slaves be constantly accounted for and paid by the collectors or receivers thereof to the treasurer of this her Majesty's colony and dominion for the time being. | Edi. 1733 and 1752. [From MS.] Impost duties to be paid to treasurer. |
| And be it further enacted, by the authority aforesaid, and it is hereby enacted, That Benjamin Harrison, junr. esq. shall be, and is hereby nominated, constituted and appointed treasurer of the revenues arising by the before specifyed act, and the said treasurer is hereby authorised, impowered and required to demand, receive and take off and from every collector and collectors all and every sum and sums of money ariseing by force of the before recited act of assembly; and the said Benjamin Harrison is authorised and required to keep and retain all such money in his own custody and possession until he shall be ordered and required to dispose of the same in such manner, and by such warrant, and for such uses, intents and purposes, and no other as are limited, appointed and directed in the said act. | Benjamin Harrison, junr. appointed treasurer. His power and duties. |
| And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the sallary of four per cent shall be allowed and paid to the said treasurer out of all and every sum and sums of money by him received and accounted for to the general assembly according to the directions of the said act. | His salary. |
| And be it further enacted, That the said Benjamin Harrison, before his entry and admission into the said office of treasurer, and before his taking upon him to execute and manage the same, shall give bond in the secretary's office with good and sufficient security in the sum of five thousand pounds of sterling, payable to her Majesty, her heirs and successors for the true and just performance and discharge of the aforesaid office and place of treasurer according to the true intent and meaning of the afore recited act of assembly. | Bond and security. |
| Provided always, That in case of the death, departure out of the country or other legall disability of the treasurer hereby appointed, that then it shall and may be lawfull to and for his excellency the governor, and the governor and commander in chief for the time being, with the advice of her Majesty's council to appoint and constitute such other person as he shall think fit to execute the said office of treasurer according to the severall rules and directions in this act expressed, who shall hold, have and enjoy the said office of treasurer, with all and singular its rights and profits untill the next session of assembly, giving such bond and security | Vacancy in office of, how supplied. |
| as herein is before directed. Any thing in this or any other act to the contrary in any-wise notwithstanding. | ||
| CHAP. LV. | Edi. 1733 and 1752. | |
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| WHEREAS a considerable number of French Protestant Refugees have been lately imported into this her Majesty's colony and dominion, severall of which refugees have seated themselves above the falls of James River, at or near a place commonly called and known by the name of Manakin Town, for the encouragement of the said refugees to settle and remain together as near as may be to the said Manakin Town: | [From MS.] | |
| Be it enacted by the governor, councill and burgesses of this present general assembly, and it is hereby enacted by the authority of the same, That the said Refugees, inhabiting at the said Manakin Town, and the parts adjacent, shall be accounted and taken for inhabitants of a distinct parish by themselves, and the land which they now do or hereafter shall possess at or adjacent to the said Manakin Town, shall be, and is hereby declared to be a parish of itself, distinct from any other parish, to be called and known by the name of King William Parish, in the county of Henrico, and not lyable to the payment of parish levys in any other parish whatsoever. | French inhabitants at Manakin town to constitute a distinct
parish. King William parish. | |
| And be it further enacted, That such, and so many of the said refugees as are already settled, or shall hereafter settle themselves as inhabitants of the said parish at the Manakin Town, and the parts adjacent shall themselves, and their familys, and every of them be free and exempted from the payment of publick and county levys until the twenty fifth day of December, which shall be in the year of our Lord one thousand seven hundred and eight. Any law or usage to the contrary in any-wise notwithstanding. | Exempt'd from the payment of levies, till 25th Dec. 1708. |
| Provided always, and it is hereby enacted, and declared, That the allowance settled by law for a minister's maintenance, shall not be construed to extend to the minister of the said parish of King William, but that the inhabitants of the said parish are hereby intended to be left at their own liberty to agree with and pay their minister as their circumstances will admit. | Allowance to ministers, to be at discretion of inhabitants. |
| CHAP. LVI. | |
| An act confirming the Naturalization of Joshua Mulder and others. | [Not in Edition of 1733 or 1752.] |
| WHEREAS by former acts of assembly, Joshua Mulder, Henry Weedick, Christopher Regault, Henry Fayson Vandoevarage, John Mattoon, Dominick Theriate, Jeremy Packquett, Nicholas Cock, Henry Wagaman, Thomas Harmenson, John Peterson, Reynold Anderson, Michael Vanlandigham, Minor Doodes, Doodes Minor, Herman Kelderman, Christian Peterson, Garret Johnson, Abraham Vinckler, John Michael, Jacob Johnson, John Pimmitt and John Keeton, aliens, received grants of naturalization. | [From MS.] Naturalization of foreigners confirmed. |
| Be it therefore 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 said Joshua Mulder, Henry Weedick, Christopher Regault, Henry Fayson Vandoeverage, John Mattoon, Dominick Theriate, Jeremy Packquett, Nicholas Cock, Henry Wagaman, Thomas Harmenson, John Peterson, Reynold Anderson, Michael Vanlandigham, Minor Doodes, Doodes Minor, Herman Kelderman, Christian Peterson, Garret Johnson, Abraham Vinckler, John Michaell, Jacob Johnson, John Pimmitt and John Keeton, and all other persons whatsoever having heretofore received any grant of naturalization by virtue of any former acts and their heirs for ever shall have, hold and enjoy all and singular the estates, priviledges, capacitys, rights, immunitys, libertys, propertys and advantages of the naturall born subjects of this colony and dominion in the same manner, and as fully and amply to all intents and purposes as they, or any of them might or ought to have done if they and every of them had been expressed named in this or any other particular act of assembly for that purpose made or provided. | Their privileges. |
| Any law, custom or usage to the contrary, or seeming to the contrary, notwithstanding. | |||
| CHAP. LVII. | |||
| [Not in Edition 1733 or 1752.] | ||
| WHEREAS many inconveniencys attend the inhabitants of the severall countys of Prince George, Surry, Isle of Wight and Nansemond, by reason of the uncertainty of the bounds of the said countys on the south side the Black Water Swamp, for prevention whereof for the future, | [From MS.] | ||
| Be it enacted by the governor, councill and burgesses of this present general assembly, and it is hereby enacted by the authority of the same, That the surveyors of the said countys (where the same is not already done) at some convenient time before the twenty-fifth day of December, one thousand seven hundred and six, do survey and lay out the Blackwater swamp in their said countys, and by comparing their severall surveys together to reduce the same into one straight line, from which said line so reduced, a perpendicular shall be raised, and a line run parallel to that perpendicular from the head of the bounds of each of the said counties, formerly settled to the Blackwater Swamp, shall hereafter be the dividing line of each county backwards as farr as this government extends, and that the said lines or bounds be run out by the surveyors of the respective countys, at the charge of their said countys within three months after the said twenty-fifth day of December. | Boundaries of Prince George, Surry, Isle of Wight and Nansemond, how ascertained. | ||
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That if the said surveyors, or any of them shall refuse or neglect to lay out the bounds of their respective countys according to the direction of this act, then such surveyor or surveyors so refusing, shall be fined ten thousand pounds of tobacco, to be recovered by action of debt, bill, plaint or information in any court of record within this colony and dominion, wherein no essoign, protection or wager of law shall be allowed, one half of which fine shall be to her Majesty, her heirs and successors for and | Penalty on surveyors neglecting their duty. |
| towards the support of this government and the contingent charges thereof, the other half to the informer, and if the Courts of the said respective Countys shall refuse or omitt to levy the tobacco accruing due to such surveyor for his service and charge therein in their next County Levy, then upon application made to the next Assembly, after such refusall, the said tobacco shall be levyed upon such County for the user of the said surveyor. | How paid. | |
 CHAP. LVIII. | ||
| An act for raising a Publick Levy. | [Not in edition 1733 & 1752.] | |
| BE it enacted, by the governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That the sume of three pounds and a quarter of tobacco be paid by every tithable person within this her Majesties Colony and Dominion of Virginia, for the defraying and payment of the publick charge of the country, being the public levy from the eighteenth day of April, one thousand seven hundred and five, to the four and twentieth day of April, one thousand seven hundred and six; and that it be paid by the collectors of the severall countys to the several persons to whom it is proportioned by this generall assembly; and if it shall happen that there shall be more tythables in any county than the present levy is laid on, then such county to have credit for so much to the use of the county; and if there shall happen to be less tithables in any county, then such county shall bear the loss. | Public levy or taxes. | |
| And be it further enacted, That there shall be paid to the clerke of the house of burgesses the sum of two thousand pounds of tobacco and cask for every copy of the laws of this present session of assembly that shall be sent to the several county courts; and that the said courts shall raise the same in their county levys, at the next levy after the receipt of the said copys respectively. | Fee to clerk of house of burgesses, for copy of acts of this session. | |
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| Pages 441-462
| Pages 482-499
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