Pages 462-481 
|  Pages 499-517
|
| Pages 462-481
| Pages 499-517
|
| AT A General Assembly, BEGUN AND HOLDEN AT |
Alex. Spotswood, Esq. Governor. | |
| THE CAPITOL, IN THE CITY OF WILLIAMSBURG, THE TWENTY-FIFTH DAY OF OCTOBER: IN THE 9TH YEAR OF THE REIGN OF OUR SOVEREIGN LA- DY ANNE, BY THE GRACE OF GOD, OF GREAT BRITAIN, FRANCE, AND IRE- LAND, QUEEN, DEFENDER OF THE FAITH, &c. ANNO DOMINI, 1710.  CHAP I. An act for laying a Duty on Liquors and Slaves. | ||
| ||
CHAP. II. | ||
| An act for finishing a House for the Governor of this Colony and Dominion.* | [From MS.] | |
| WHEREAS by an Act of Assembly, made at a General Assembly, begun at the Capitol the twenty-third day of October, in the fourth year of the reign of our Sovereign Lady Anne, Queen of Great Britain, France and Ireland, and in the year of our Lord one thousand seven hundred and five, intituled an act directed the building a house for the Governor of this Colony and Dominion, a house according to the dimensions, discriptions and directions, in the said act | Preamble. | |
| * The MS. used, in the acts of this session, is that referred to under chap. I, and will be designated the Page MS. -- It contains all the laws of 1710 and 1711, tho' differently arranged from the printed revisal of 1733. |
| mentioned and given, together with a kitchen and stable, suitable to the said house, for the residence of the Governor of this colony and Dominion, was directed to be built and finished on the land therein mentioned; which said house, kitchen and stable not being finished according to the directions of the said act; | |
| Wee, her Majesties most dutiful and loyal subjects, the Burgesses, now assembled, having seriously considered the necessity of finishing the said house and the great delay that hath happened in perfecting the same, have chearfully and unanimously given and granted unto her most gracious Majestie the sum of fifteen hundred and sixty pounds to be employed, made use of and expended in finishing and compleating the said house, kitchen and stable, according to the directions in the said act given, and so humbly pray your honour it may be enacted. | Appropriation for Governor's house. |
| And be it enacted by the Lieut. Governor, Council and Burgesses of this General Assembly, and it is hereby enacted by the authority of the same, That the said house, kitchen and stable be finished and compleated according to the directions laid down and given in the said Act of Assembly, with all convenient expedition for the uses and purposes therein mentioned. | |
| And whereas, for rendering the said house more compleat and commodious for the reception of the Governor of this antient Colony and Dominion, severall buildings, gardens and other ornaments and things are further necessary and convenient to be made and done; therefore we, the Burgesses aforesaid, taking the same into our serious consideration, have freely and unanimously given and granted unto her most gracious Majestie the further sum of six hundred thirty-five pounds, to be employed, laid out and made sue of according to the directions in this act, hereafter mentioned, and do humbly pray your honour it may be enacted. | Further appropriation for other edifices. |
| And be it enacted by the authority aforesaid, that a Court-Yard, of dimentions proportionable to the said house, be laid out, levelled and encompassed with a grick wall four foot high, with ballustrades of wood thereupon, on the said land, and that a Garden of the length of two hundred fifty-four foot and of the breadth of one hundred forty-four from out to out, adjoining to the said house, be laid out and levelled and enclosed. | Court-Yard. |
| with a brick law, four foot high, with ballustrades of wood upon the said wall, and that handsome gates be made to the said court-yard and garden, and that a convenient kitchen garden be laid out on the said land and be enclosed with pailes, and that an orchard and pasture ground be made on the said land and be enclosed with a good ditch and fence, and also that a house of wood be built and finished for houseing cattle, and that a house of wood for poultry be built and finished, with a yard thereto enclosed, on the said land. | Garden, Orchard, &c. |
| And be it further enacted, That out of the sume of six hundred thirty-five pounds, hereby given and granted to her Majestie, the sume of two hundred and fifty pounds shall be expended and laid out in buying necessary standing and ornamentall furniture for the said house, which furniture shall be provided int his country or sent for from Great-Britain by the overseer, hereinafter named, by the direction and appointment of the Lt. Governor or Commander in Chief of this Colony, for the time being, and shall forever hereafter belong to and is hereby appropriated to the said house. | Furniture. |
| And be it further enacted, That for a supply of money to begin, carry on and finish the aforesaid house, stable, kitchen, court-yard, garden, orchard, out-houses, and all other the work herein directed to be made and done, and also to buy the furniture aforesaid, the said overseer shall, from time to time, as occasion shall require, make application to his honour the lieut. governor, or the governor, or commander in chief of this colony and dominion, for the time being, who, upon such application, is hereby desired to issue his warrant upon the admr. of the estate of the late treasurer, & upon the present treasurer of this dominion, for so much money as may be wanted untill the full sum of fifteen hundred and sixty pounds and of six hundred thirty-five pounds shall be employed, made use of and expended in finishing the said house, kitchen and stable, and in making and finishing the court-yard, garden, orchard, out-houses, aforesaid, and all the work herein before mentioned and directed to be made and done, and in buying the said furniture, and the charges thereupon accruing, and to and for no other use or uses whatsoever. | Money, how drawn. |
| And for the more easy, expeditious and cheap carrying on the building and work aforesaid; |
| Be it enacted, That the said overseer have full power to send to Great Brittain for iron-work, glass, lead, or any other necessary materials to be made use of in and about the said house and work, and that the same be imported at the risque of the country, and on the like publick risque, to buy such and so many slaves, horses, carts and other necessaries for carrying on the said work as he, by and with the approbation of the Lieut. Governor or Commander in Chief of this Colony and Dominion, for the time being, and Council shall think fitt. | Materials may be imported. |
| And be it further enacted, That Henry Cary be appointed, and is hereby appointed overseer to inspect, oversee and provide for the building and all and singular the work and things hereby directed to be made and done, with full power to begin, carry on and finish the same, under and with the direction of the Lieut. Governor or Commander in Chief of the Colony and Dominion, for the time being and Council, and in case, at any time hereafter, there be occasion of appointing a new overseer, by means of the death or disability of the said Henry Cary or of any other person that shall or may succeed him in the said employment and trust, his honor the Lieut. Governor, or the Governor or Commander in Chief of this Colony and Dominion, for the time being, is hereby desired, on such occasions, to nominate and appoint a new overseer, and every person who shall be so appointed, is hereby declared to have as full power to proceed and act in carrying on, finishing and doing all the buildings, work and other things hereby directed by the overseer to be performed and done as the said Henry Cary hath by virtue of this act. | Overseer, or director. |
| And be it further enacted, That the said Henry Cary and every other person which after him shall be appointed to be overseer as aforesaid, shall be paid and allowed for the time of his respective service and attendance in the employment and trust aforesaid, after the rate of one hundred pounds a year. | His salary. |
| Provided always, and be it enacted, That the said Henry Cary and every other person which after him shall be appointed to be overseer as aforesaid, shall, before he be admitted into the said employment and trust, enter into bond, with one or more surety's, in the penalty of five hundred pounds sterling, to our sovereign | Must give bond with surety. |
| Lady the Queen, her heirs and successors, that he will not imbezell or convert to his own use, any part of the moneys, materials or other things put into his hands or under his care for carrying on the building or other the work, aforesaid, but that according to the best of his skill and understanding and the trust reposed in him, he will faithfully lay out all such moneys in and about the uses and services for which he shall receive the same; and also that he will lay an account of his disbursements, from time to time, before the Governor and Council and before the General Assembly at their meeting, and make oath thereto when required. | |
| And be it further enacted, That all such charge and expense as shall or may hereafter accrue for repairing the house, out-houses, gardens and all other the work herein directed to be done, shall be defrayed out of her Majestie's revenue of two shillings per hogshead. | Repairs, how paid for. |
CHAP. III. An act prohibiting Seamen being harboured or entertained on Shore. | |
| I. WHEREAS many of her Majesty's ships of war and merchant ships, trading into this colony and dominion, suffer very much by their seamen running away, and absconding from their ships: for prevention thereof, | Preamble. |
| II. Be it enacted, by the lieutenant-governor, council and burgesses, of this present general assembly, and by the authority thereof, and it is hereby enacted, That every seaman that shall run away, or absent himself unlawfully from the ship or vessel he belongs to, shall be and is hereby liable to be taken up or secured by any person or persons, and upon a warrant from a Justice of Peace of the County where he is taken up, conveyed from Constable to Constable, till he put on board the ship or vessel, shall take receipt for the said seaman of the master, mate, or other officer, to which such seaman belongs, and shall immediately carry and deliver the same to the naval officer of the district where such | Runaway seamen, how taken up and conveyed back. Duty of Constable. |
| ship or vessel rides before she is cleared; for which service, the said Constable shall receive of the navel officer, if ten miles, or under, five shillings, and if above ten miles, ten shillings; which the naval officer shall be reimbursed by the commander of the said ship or vessel. | Reward. |
| III. And be it further enacted, That every Justice of Peace within this Colony, before whom such runaway seaman shall be brought, be impowered and required to give the taker-up of the said seaman a certificate under his hand, according to this act, to entitle him to the reward hereafter given for so doing. | Certificates, to taker-up. |
| IV. And be it further enacted, That the reward for taking up a runaway seamen, shall be twenty shillings, if it be done ten miles, or upwards, from the ship or vessel the seaman belongs to, and if under ten miles, ten shillings, and no more; which several sums of money, as the occasion is, shall be paid by the taker-up, upon certificate as aforesaid, by the naval officer of the district where the ship or vessel rides, that the seaman belongs to, and the captain or master of the said ship or vessel shall reimburse the same to him, before he be cleared, or be permitted to sail from that district. | Reward to taker-up. |
| V. And be it further enacted, That the Justice's certificate aforementioned, to be given to the taker-up of a runaway seaman, shall expressly declare what ship or vessel the said seaman belongs to, what place the said seaman was taken up at, and whether it be ten miles from the said ship or vessel, or under, or above, and that the taker-up made oath before him to the place of taking up. | Form of Certificates. |
| VI. And be it further enacted, That if a runaway seaman, taken up by virtue of this act, shall belong to a merchant ship or vessel gone out of the country before the said seaman is taken up, or can be got on board the said ship or vessel; in such case, the said seaman shall be put on board any one of her Majesty's ships of war which shall happen to be here, if the captain thereof will receive him on board, and pay the reward for taking up; and if the commander of any of her Majesty's ships of war shall refuse to receive such seaman, and pay the said reward, then the said seaman shall be delivered to the master of any merchant ship that will receive him, on paying the said reward. | Where ship has sailed, how runaway to be dealt with. |
| VII. And be it further enacted, That in all cases where a runaway seaman belonging to any of her Majesty's ships of war, or to merchant ships, gone out of the country, shall happen to be put on board any of her Majesty's said ships, the captain or commander of such ship shall reimburse the naval officer the charge of taking up, and shall and may stop it out of the wages due, or thereafter accruing due to the said seaman. | Expenses, how reimbursed. |
| VIII. And be it further enacted, That the naval officers of this colony and dominion, may use and take out of her Majesty's revenue of two shillings per hogshead in their hands, so much money as shall be necessary to pay off the certificates produced to them for taking up runaway seamen as aforesaid, till they can be reimbursed, as by this act is before directed; provided due care be taken to get in the same. | Rewards, how paid. |
| IX. And for prevention of escapes which may happen, Be it enacted, That whenever Constable, or other officer, to whom a runaway seaman shall be committed, according to this act, shall wittingly, willingly, or negligently suffer the said seaman to make his escape, or in due time, as before directed, to deliver the receipt aforesaid to the naval officer of such district, as before in this act is directed, such constable or other officer, shall, for his said offence, forfeit and pay to the Queen's Majesty, her heirs and successors, five hundred pounds of tobacco, with costs of suit: To be recovered, by action of debt, bill, plaint, or information, in any of her Majesty's courts of record in this colony and dominion. | Penalty for suffering escapes. |
| X. And to prevent the entertainment, harbouring, or concealing of runaway seamen, Be it further enacted, That if any Ordinary-keeper, or other person, shall hereafter entertain, harbour, or conceal any seaman, except he be able to give a good account that he is about his lawful business, such ordinary-keeper, or person, shall forfeit and pay five hundred pounds of tobacco to him, her, or them, that will inform or sue for the same, in any court in this colony and dominion: to be recovered, with costs, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. And if it so happen, that such offender shall not be able to pay the said sum of five hundred pounds of tobacco, or to give security. | On ordinary-keeper, for entertaining or concealing. |
| for the paiment thereof at the succeeding crop, the said offender shall have and receive on his or her bare back, twenty lashes, well laid on, for his or her offence. | ||
| XI. Provided always, That this act shall continue in force for two years, and from thence, to the end of the next session of Assembly. | Revived and made perpetual, by chap. 7, 1713. | |
CHAP. IV. | ||
| ||
| I. WHEREAS, by an Act of Assembly, made at a General Assembly, begun at the Capitol, the twenty-third day of October, in the year one thousand seven hundred and five, intituled, An act for establishing the General Court, and for regulating and settling the proceedings therein; It is among other things, enacted, That the General Court of this Dominion, and the Courts held before the Justices of the Peace, in the several respective Counties, commonly called County Courts, shall be deemed and taken, and are hereby declared to be the only Courts of Record of or in this Dominion; and that no other Court or Courts whatsoever, shall be construed, deemed, or take to be such: whereupon some doubts and questions have been made; wherefore, for the better explanation of the same act, | Preamble. (See chap. 19, 1705, sec. 39.) | |
| II. Be it enacted and declared, by the lieutenant-governor, council and burgesses, of this general assembly, and the authority of the same, That nothing in the said act contained, shall be construed, deemed, or taken to derogate from, lessen, or abridge the roial power, prerogative, and authority of her Majesty, her heirs and successors, of granting commission or commissions of oier and terminer, or of constituting and erecting such other court or courts of record, as her Majesty, her heirs or successors, by her or their commission or commissions, instruction or instructions to her or their governor or commander in chief of this colony & dominion, for the time being, shall direct, order or appoint. | Royal prerogative to erect other courts of record, not abridged. | |
| III. And be it further enacted, That nothing in the said act contained, shall be construed, deemed, or taken to derogate from, lessen, or abridge the roial power, | Or to receive appeals from judgments of |
| prerogative and authority of her Majesty, Queen Anne, her heirs and successors, of receiving, hearing and determining any cause or causes which shall or may be brought before her Majesty, her heirs or successors, by appeal from the judgment, decree, or sentence of the said General Court; or to debar or hinder any person whatsoever, from demanding and obtaining an appeal from any judgment, decree, or sentence of the said General Court, which shall or may be given or made against him, to her Majesty, her heirs and successors; in such cases, where the same are, or at any time hereafter shall or may be allowable, by the order or instruction of her majesty, her heirs or successors, to her or their governor or commander in chief of this colony and dominion, for the time being: and that all such appeals, commissions and instructions shall be allowed, held good, valid and available; any thing in the said act of assembly to the contrary, or seeming contrary thereto, in any wise, notwithstanding. | the General Court. | |
CHAP. V. | ||
| ||
| I. WHEREAS a great and continual charge is required for the maintenance of the governor, and several other officers and persons, as also for forts and fortifications; besides that, there are many other contingent expences, absolutely necessary for the support of the government of this her Majesty's colony and dominion: | Preamble. | |
| II. Be it therefore enacted by the lieutenant-governor, council and burgesses, of this present general assembly, and it is hereby enacted by the authority of the same, That for every hogshead, box, (b) chest, case, or barrel of tobacco, which shall at any time hereafter be shipped or loaden on board any ship or vessel whatsoever, within | Duty of 2s. on every hogshead, &c. of tobacco exported; | |
| Notes to Edition 1733. | ||
| (a) The act of 1680, chap. 3, with this title, having passed the Roial Assent, could not be altered by this act; and there is but little difference betwixt them, except what is here noted. | ||
| (b) Box, chest, case and barrel, is not in the act of 1680. |
| this colony and dominion, in order to be exported hence by water, (a) to any other port or place whatsoever, there shall be paid by the shipper or shippers thereof, the sum of two shillings, current money of Great-Britain; and also for every five hundred pounds of tobacco shipped or loaden on board any ship or vessel, in order to be exported, as aforesaid, in bulk, to any of her Majesty's other plantations, the like sum of two shillings; and so, after that rate, for a lesser or greater quantity. (b) | and on every 500 pounds in bulk. |
| III. (c) And for avoiding all manner of doubts which may hereafter arise concerning the paiment of the duty aforesaid, for tobaccos of the grown of another place, and shipped here, Be it enacted by the authority aforesaid, and it is hereby enacted and declared, That the true intent and meaning of this act is, that the aforesaid duty of two shillings shall be paid for all tobaccos whatsoever, shipped or laden on board any ship or vessel within this colony and dominion, in order to be exported hence, although the same were made in, and imported or brought from another place. | Although the tobacco was of the growth of another place. |
| IV. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That every ship or vessel, which shall at any time hereafter be entred in this her Majesty's colony and dominion, or any district or port thereunto belonging, in order to unlade the goods and merchandizes imported into her, or in order to lade and take on board any tobaccos, or other goods or merchandize whatsoever, for exportation out of this colony, shall pay, for every ton which the said ship or vessel is of burthen, the sum of one shilling and three pence, current money of Great-Britain, for port duties. (b) | Duty of 1s. 3d. per ton, on shipping. |
| V. Provided always, and it is hereby enacted and declared, That nothing in the aforesaid clause contained, | Ships not to pay twice for |
| Notes to Edition 1733. | |
| (a) The act of 1680, lays the duty upon all tobaccos exported by land or water. | |
| (b) There is a penalty in that act of 100l. and treble the duty upon the master who shall make a false entry of the number of hogsheads, the burthen of the ship, or number of persons imported. | |
| (c) This clause in addition to the other act, but quære the necessity of it. | |
| (d) By the other act, the master has his election pay; 1-2 pound of gun-powder and 3 pounds of shot, or 1s. 3d. per ton. |
| shall be construed so as to charge any ship or vessel, which at any time hereafter shall arrive into this colony and dominion, and here unladen and relade, with paiment of the port duties two times for the same: and that the true intent and meaning of this act is, that in such a case, the aforesaid port duties shall be paid no more than once for that voiage. | the same voyage. |
| VI. (a) And be it further enacted and declared, That all ships and vessels liable to the paiment of the port duties, by this act imposed, shall be gaged and measured in manner following; that is to say, every ship or vessel shall be measured by the length of the gundeck, deducting three-fifths of the greatest breadth, from outside to outside, and multiplying the product by the breadth from out to out, and not within board; and that product again, by half the said breadth; and that product divided by ninety-four, which will give the true contents of the tonnage; and according to which method and rule, all ships and vessels shall be measured, and the said port duties thereby shall be computed and collected accordingly; any custom, practice, or usage to the contrary, notwithstanding. | Method of measuring ships. |
| VII. And be it also further enacted, by the authority aforesaid, and it is hereby enacted, That every ship or vessel, which shall at any time hereafter come into any port, creek, harbour, or road, within this colony and dominion, and shall be there entered, in order to unlade and put on shore goods, merchandizes, passengers, servants, or slaves, shall pay six pence per poll for every passenger, servant, slave, or other person imported in her, the mariners belonging to, and in actual pay of the said ship or vessel, and every of them, excepted. | Duty of 6d. per poll, on all passengers, servants and slaves. |
| VIII. And to the end, the aforesaid imposition or duty of six pence per poll may be truly paid, according to the intent of this act, Be it further enacted, That if any master of a ship or vessel shall wittingly or willingly make a short entry of the number of persons imported in his said ship or vessel, for which the imposition or duty aforesaid ought to be paid, he shall forfeit and | Penalty for short entry. |
| Notes to Edition 1733. | |
| (a) This clause is not in the other act. |
| pay ten (a) pounds, current money; one moiety to our sovereign lady, the Queen, her heirs and successors, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to him or them, that will inform or sue for the same, in any court of record within this colony and dominion, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | |
| IX. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That all and every of the impositions or duties aforesaid, shall be paid to the respective collectors or officers which shall be appointed to receive the same, and shall be to our sovereign lady, the Queen, her heirs and successors, forever, to and for the better support of the government of this her Majesty's colony and dominion of Virginia, in such manner as is herein before expressed, and to, and for no other use, intent, or purpose, whatsoever. | Duty to be paid to collectors. |
| X. And be it further enacted by the authority aforesaid, and it is hereby enacted, That for collecting and receiving all and every the impositions or duties aforesaid, the governor, or commander in chief of this colony and dominion, for the time being, shall be and is hereby impowered and authorized, with the advice of the council, from time to time, and at all times hereafter, to nominate, constitute, and appoint such and so many collectors, receivers, or other officers, as shall be found necessary, and to allow them such salary, (b) not exceeding ten per cent. as shall be thought reasonable: And for encouragement to all masters of ships and vessels, or other persons, who shall hereafter be concerned in the paiment of the impositions or duties aforesaid, to give in true accounts, and to pay down the whole duties of a ship, in one entire sum, either in money, or good and sufficient bills of exchange, to the liking and satisfaction of the collector appointed to receive the same, | Salary to collectors. |
| XI. Be it enacted, by the authority aforesaid, and it is hereby enacted, That the governor, or commander in | Allowance to masters of vessels |
| Notes to Edition 1733. | |
| (a) The master, by the of act 1680, forfeits, for this offence, 100l. | |
| (b) The salary is not limited by the other act. |
| chief of this colony and dominion, for the time being, be and is hereby further authorized and impowered, with the advice of the council, to give and allow to every master of a ship or vessel, or other person, which shall so do, such reasonable allowance and abatement of the impositions or duties aforesaid, not exceeding ten per cent. as shall be adjudged fitting. | on payment of duties. |
| XII. Provided always, ant it is hereby enacted and declared, by the authority aforesaid, for encouragement to Virginia owners, That every ship or vessel wholely and solely belonging to the inhabitants of this colony and dominion, shall have the privilege of being allowed the aforesaid duties or impositions of two shillings, and of one shilling and three pence accruing due upon her lading of tobacco, and for here port duties, to the proper use, benefit, and advantage of her owner or owners; and every collector or receiver of the aforesaid duties or impositions, is hereby required to allow the same accordingly, unto the master of every ship or vessel, upon his clearing; any thing in this act, or any other act, law, usage, or custom to the contrary, notwithstanding. | Privilege of Virginia owners. |
| XIII. And for prevention of frauds which may be used to obtain the privilege aforesaid, Be it also further enacted and declared, by the authority aforesaid, That no ship or vessel whatsoever, shall be accounted or taken to belong wholely and solely to the inhabitants of this her Majesty's colony and dominion of Virginia, until proof thereof be made, by the oath of one of her owners, before the governor or commander in chief of this colony and dominion, for the time being, and his testimonial thereupon had, under the seal of the colony, or until such proof be made before the general court, and a certificate thereupon had, from the clerk of the said court, under the seal of his office: And that no collector or receiver of the impositions or duties aforesaid, or either of them, shall allow to any ship or vessel whatsoever, the aforesaid privilege, upon the impositions or duties aforesaid, or either of them, unless the master of the said ship or vessel, at the | Proof of property, in ships, how made. |
| Notes to Edition 1733. | |
| (a) By the 134th act, 1661, confirmed by the act of 1680, the governor is made judge of the property. |
| time he demands the same, shall produce testimonial or certificate, as aforesaid, and also himself make oath, that he doth not know that any part of the said ship or vessel doth belong to any person whatsoever, which is not an inhabitant of Virginia; any thing in this act, aforesaid, to the contrary, or seeming to the contrary, notwithstanding. | |
| XIV. And be it further enacted, That all and every other act and acts, and every clause and article thereof, heretofore made, for so much thereof as relates to raising a public revenue for the better support of the government of this her Majesty's colony and dominion of Virginia, or to any other matter or thing whatsoever, within the purview of this act, is and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
CHAP. VI. | |
| An act appointing a Treasurer. | [From MS.] |
| BE it enacted, by the lieut. governor, council, and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That all and every sume and sums of money, to be raised by one act of assembly, passed this session, entituled an act, laying a duty on liquors and slaves, be constantly accounted for and paid by the collectors or receivers thereof, to the treasurer of this her Majesties colony and dominion, for the time being. | Duties to be paid to treasurer. |
| And be it further enacted by the authority aforesaid, and it is hereby enacted, That Peter Beverley, esq. shall be and is hereby nominated, constituted and appointed treasurer of the revenues arising by the before specified act; and the said treasurer is hereby authorized, impowered and required to demand, receive and take of and from every collector and collectors, all and every sum and sums of money arising by force of the before-recited act of assembly; and the said Peter Beverley is authorized and required to keep and retain all such money in his own custody and possession untill he shall be ordered and required to dispose of the same in | Peter Beverley appointed treasurer. |
| 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. | ||
| 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 Peter Beverly, before his entry and admission into the said office of treasurer, and before his takeing 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 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. | Must give bond and surety. | |
| Provided always, That in case of the death, departure out of the colony, or other legal disability of the treasurer hereby appointed, that then it shall and may be lawfull to and for his honor the lieutenant-governor, and the governor and commander in chief, for the time being, with the advice of her Majesties councill, to appoint and constitute such other person as he shall think fitt 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 the rights and profitts to the said office belonging, untill the then next session of assembly, giveing such bond and security as herein before is directed, any thing in this or any other act to the contrary, in any wise, notwithstanding. | Vacancy, how supplied. | |
CHAP. VII. | ||
| ||
| [This merely revives and continues chap. 31, of 1705, till the 10th day of December, and need not be printed.] |
| CHAP. VIII. An act for prevention of abuses in Tobacco shipped on freight. | |
| I. WHEREAS great abuses are frequently committed by the unfair and unwarrantable practices of masters of ships, and other vessels, whereon tobacco is freighted, by their cropping, cutting away the bulge, drawing the staves, and otherwise injuring the tobacco cask, when freight is paid them for the full size and proportion of the said cask, settled by law, at a certain size, under great penalties; and by means of the breaking and cutting the said hogsheads, great quantities of tobacco that fall out, are purloined by the sailors, and afterwards run on shore, to the great prejudice of her Majesty, in her customs, as well as of the owners and fair traders, | Preamble. |
| II. Be it therefore enacted, by the lieutenant-governor, council and burgesses, of this present general assembly, and it is hereby enacted, by the authority of the same, That from and after the publication of this act, all masters of ships and vessels that shall arrive in this colony, before they be admitted to enter, trade, and load tobacco, shall give bond to her Majesty, her heirs and successors, in the sum of two hundred pounds sterling, with condition, that he will not crop, cut away the bulge, draw the staves, or otherwise abuse, or cause or suffer to be cropt, cut, drawn, or otherwise injured and abused, by his knowledge, privity, or procurement, any tobacco-cask freighted on board the said ship or vessel, unless it be so agreed upon between the freighters and the said master, and make oath accordingly; which bond & oath, the said naval officer is hereby authorized and required to take an administer: And if any naval officer shall grant a permit to load tobacco, before the master of the ship or vessel, desiring the same, shall have given bond, and made oath, in manner aforesaid, such naval officer so offending, shall forfeit and pay the sum of two hundred pounds sterling; one half to the Queen's Majesty, her heirs and successors, for and towards the better support of the government, and the contingent charges thereof; and the other half to the informer: to be recovered, with costs, by action of debt, bill, plaint, or information, in any court of record | Masters of vessels, &c. before entry, to give bond, not to
injure, &c. Tobacco, taken on freight. Penalty on naval officers, for neglect of duty. |
| within this her Majesty's colony, wherein no essoin, protection, or wager of law, shall be allowed. | |
| III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That if any other officer or mariner belonging to any ship or vessel on freight, shall crop, cut away the bulge, draw the staves, or otherwise abuse, or be aiding or assisting in the cropping, cutting away the bulge, drawing the staves, or other abusing of any cask wherein tobacco is freighted by any person within this colony, unless in such cases, as aforesaid, where it is so agreed between the master and freighters, every person so offending, shall forfeit and pay five pounds sterling to the informer: to be recovered, with costs, in any court of record within this her Majesty's colony and dominion of Virginia, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed; and may, moreover be held to special bail: which fact may also be laid to be done in any county where the offender shall be arrested, in manner as aforesaid, without liberty of traverse, as is aforesaid; and if there be more actors in the same fact than one, each party shall be adjudged to the whole fine separately; and that the master be moreover liable to answer damage to the party grieved. | On mariners injuring tobacco cask. Defendant may be held to bail. |
| IV. And because evidences, for discovery of the truth in such cases, may most commonly be wanted, unless the mariners belonging to the said ship or vessel may be admitted, Be it further enacted and declared, by the authority aforesaid, and it is hereby further enacted and declared, That the summoning any of the mariners as witnesses, in a prosecution upon this act, shall, ipso facto, discharge them of any accusation thereafter, to be made for any thing that shall be discovered on such prosecution, and themselves thereby qualified to give evidence in the cause; and if a mariner, faulty in the premises, becomes the informer, that shall also excuses him from the said fine of five pounds, for the fact whereof he is informer. | Mariners may give evidence. |
| V. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That it shall be lawful for the collector, or naval officer, within whose district any ship or vessel shall lie, or any searcher, or any person having tobacco on board, to go on board any such ship or vessel, during the time of her loading, and | Ship may be searched. |
| to search whether any breach has been committed against this act: And if any master, officer, or other mariner, shall hinder any such search from being made, he shall, for every such offence, forfeit and pay the sum of ten pounds sterling; half to her Majesty, for and towards the better support of the government, and the contingent charges thereof; and the other half to the informer: to be recovered, with costs, in any court of record within this her Majesty's colony and dominion of Virginia, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law shall be allowed. | |
| VI. This act to continue in force, until the twenty-fifth day of December, which shall be in the year of our Lord, one thousand seven hundred and thirteen, and from thence, to the end of the next session of assembly. | Made perpetual, by chap. 5, 1714. |
| Pages 462-481
| Pages 499-517
|