Pages 76-95 
|  Pages 118-142
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| Pages 76-95
| Pages 118-142
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| AT A General Assembly, BEGUN AND HOLDEN AT |
Alex. Spotswood, esq. Governor. |
| |
 CHAP I. An Act for encouraging the making of Tar and Hemp. |
[From edit. 1733, p. 318.] |
| I. WHEREAS it is found, by experience, that the lands in this colony, whereon pines grown in greatest numbers, are for the most part unfit for the production of tobacco, but yet may be of great benefit to the owners, for the making of tar, if such pine trees were duly prepared for that purpose: and whereas many tracts of rich land lying remote from any navigable river, are now neglected as inconvenient for the making of tobacco, because of the difficulty and charges of transporting the same to water-carriage; and nevertheless, may prove beneficial in the production of hemp. For the encouragement of such persons as will take up and improve such piney and remote lands, for the increase of his Majesty's revenue of quit-rents, and for rendring this colony yet more useful and advantageous to Great-Britain, by supplying the same with the afore-mentioned commodities, so necessary for his Majesty's navy, and the increase of shipping and navigation: | Preamble. |
| II. 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 the sum of twelve hundred pounds current money of this colony, be appropriated and paid to the person or persons who shall make, or cause to be made and exported, good and merchantable tar, which shall be made from green trees, prepared after the following manner, that is to say: that when such trees were fit to bark, the bark thereof was stript eight foot, or thereabouts, up from the root of each tree, a slip of the bark, of about four inches in breadth, having been left on one side of each tree; and that each tree, after having been so barked, had stood one year at the least, and was not before that time cut down, for the making of tar. And, that the further sum of four thousand pounds, of like money, be likewise appropriated and paid, to such person or persons, who shall make, or cause to be made, hemp, water-rotted, bright and clean: Which said several sums of twelve hundred pounds, and four thousand pounds, shall be given and paid, as a reward or premium, for the making and exporting of tar, and the making of hemp, after and according to the several rates following, that is to say: For every barrel of tar, and the made according to the above directions, the sum of two shillings: And for every gross hundred of hemp, water-rotted, bright, and clean, as aforesaid, the sum of four shillings, current money of this colony. | Appropriations for premiums, on exportation of tar and hemp.
Specific premiums. |
| III. And be it further enacted, by the authority aforesaid, That every maker of any such tar, who shall claim any reward, by virtue of this act, who shall claim any reward by virtue of this act, shall, before he be intituled to receive the same, deliver a note, in writing, of the mark and number of each barrel of tar, so by him made; and shall made oath, before some justice of the peace of the county wherein such tar shall be made, that the same is good and merchantable, and according to the directions of this act; and that each barrel thereof, is of the full gage, and doth contain thirty-two gallons of nett tar; and that it was made on his land or plantation in the said county, or at what place therein, and shall particularly describe the same: and obtain a certificate thereof, from such justice before whom such oath shall be made. | Certificates how obtained. |
| IV. And be it further enacted, by the authority aforesaid, That all and every person and persons, who shall | Oath required, as to tar. |
| export any such tar out of this colony, before the same be exported, produce such certificate to the collector of the customs, or the naval officer, of the district wherein such tar shall be brought for exportation; and shall then make oath, that the tar by him offered to be exported, is the same as is mentioned in such certificate: And the said collector, or naval officer, is hereby required to certify the same to the governor or commander in chief of this colony, for the time being; who, upon the producing such certificate, is hereby impowered and desired to issue his warrant to the treasurer of this colony, for the payment of such sum and sums, as shall appear due, by virtue of this act. | |
| V. And be it further enacted, by the authority aforesaid, That the sherif or under-sherif of every county wherein any hemp shall be made, being first duly sworn, before the court of such county, so to do, shall truly weigh all hemp, made within his county; and duly certify unto the said court, the true quantity thereof, together with the name or names of the makers or owners; and shall, at the time of weighing every person's hemp, give a certificate to the owner, of the quantity by him then weighed, and that at the time the same was so weighed, it was water-rotted, bright, and clean; and for such his trouble have and receive from the maker or owner of such hemp, the sum of five shillings per ton; and so in proportion for a larger or less quantity. | (This clause altered 3 & 4 Geo. 2, ch. 19.) |
| VI. And be it further enacted, by the authority aforesaid, That every maker or owner of any such hemp, made in this colony, shall, before he or she shall be intituled to any reward or præmium, by virtue of his act, make oath, before the court of the county wherein such hemp was made, of the just and true quantity by him made, and that such hemp is water-rotted, bright, and clean, and was made since the commencement of this act, upon his plantation in such county, or on what plantation the same was made, and that the same hath been weighted by the sherif or under sherif of the said county, and that he hath not therefore received any certificate for the same, or any part thereof. And the clerk of the said county is hereby required to certify the same, and the true quantity thereof: And upon the producing such certificate to the governor or commander in chief of this colony, for the time being, he is hereby impowered and desired to | Oath, as to hemp. |
| issue his warrant to the treasurer of this colony, for the paiment of such sum or sums as shall appear due, by virtue of this act. | |
| VII. And be it further enacted, by the authority aforesaid, That every person and persons, who, in obtaining any certifeate or certificates, whereby to entitle him or themselves to the reward or præium hereby given, shall make a false oath, and be thereof lawfully convicted, such person or persons so offending, shall forfeit and pay four times the money obtained for the bounty, by means of such false oath: To be recovered, with costs, in any court of record, within this colony and dominion, by action of debt, bill, plaint, or information, by the person who shall inform, and sue for the same. | Penalty, for perjury. How recovered. |
| VIII. And be it further enacted, That this act shall commence on the twenty-fourth dny of June next. | Commencement. |
| CHAP. II. An Act to oblige Ships, coming from places infected with the plague, to perform their quarentine. |
[From edit. 1733, p. 320.] |
| I. WHEREAS several places in Europe, are and for some time past have been, infected with the plague: For preventing that infection from being brought into this dominion, by persons or merchandizes coming from such places, by obliging all persons concerned, to perform their quarentine, in such manner as shall be, in times of infection, ordered by his Majesty's lieutenant-governor, or by the governor or commander in chief of this colony and dominion, for the time being, by and with the advice and consent of his Majesty's council: And for punishing offenders therein, in a more expeditious manner than at present can be, in the ordinary methods of the law. | Preamble. |
| II. Be it enacted, by the honourable the Lieutenant-Governor, the Council, and Burgesses, of this General Assembly, and by the authority of the same, That during the present infection, and in all future times, when any foreign countries or places shall be infected with the plague, all ships or vessels coming into this dominion of Virginia, from places so infected, shall be obliged to make their quarentine, in such place and places, | Quarentine, when to be performed. |
| for such time, and in such manner, as shall from time to time be directed for that purpose, by the lieutenant-governor, or by the governor or commander in chief of this dominion, for the time being, by and with the advice and consent of his Majesty's council: And that, during the time, and until the respective ships shall be discharged of such quarentine, no person coming, or goods imported in such ship or ships, shall come on shore, or go on any other ship, or be landed or put into any other ship, vessel or boat, in any place within this colony: Nor shall any person go on board any such ship, without licence first had and obtained in writing, under the hand of such person or persons who shall be authorized and appointed to see such quarentine duly performed. And that the said ships, and the person and goods coming and imported, in, or going on board the same, during the time of quarentine; and all ships, vessels, boats, and persons, receiving any goods or persons under quarentine, shall be subject to such orders, rules, and directions, touching quarentine, as shall be made by the lieutenant-governor, or the governor or commander in chief of this colony and dominion, for the time being, by and with the advice and consent of his Majesty's council, and notified by proclamation. | Regulations as to intercourse. |
| III. And be it further enacted, by the authority aforesaid, That from and after the publication of this act, if any commander, or master, or other person, taking charge of any ship or vessel, so coming from any place infected, as aforesaid, shall himself, or shall permit or suffer any seamen belonging to such ship, or any passenger therein, to quit such ship or vessel, by going on shore, or by going on board any other ship, boat, or vessel whatsoever, during the time of the said quarentine, and until such ship shall be discharged from quarentine, without such licence first had and obtained, as aforesaid; then, and in all and every such case and cases, every such ship and vessel, with her tackle, apparel, and furniture, shall be forfeited to his Majesty, his heirs and successors; and shall and may be seized, sued for, and recovered, in the court of vice-admiralty in this colony, to the use of his Majesty, his heirs and successors. And further, that if any person or persons whatsoever, who shall arrive in any port or place within this colony, in any ship or vessel, which shall, by reason of its coming from any foreign country infected with the plague, be | Penalty for breach of regulations. Power of officers. |
| obliged to perform quarentine, shall, after the publication of this act, quit such ship or vessel, by coming on shore, or by going on board any other ship or vessel, before, or while under such quarentine, it shall and may be lawful for the persons appointed to see the quarentine duly performed, to compel, and in case of resistance, by force and violence, to compel such person and persons to return on board such ship, and there to remain during the time of quarentine. And such persons so leaving such ship, and being thereof, after the expiration of this quarentine, convicted by the oath of one or more credible witnesses, before any one or more justice or justices of the peace, living near the place where the offence shall be committed, shall forfeit such sum, not exceeding twenty pounds, as such justice or justices shall adjudge; to be forthwith paid down, into the hands of such justice or justices, who are hereby impowered, according to his or their discretions, to reward the informer out of the same, not exceeding one third part, and are hereby required to pay the remainder, necessary charges being deducted, to the use of the poor of the parish, where such conviction shall be had. And in default of such paiment, it shall be lawful for such justice or justices of the peace, to commit such offender to the public goal of the county where such conviction shall be had, for any time not exceeding one month. | Penalty for leaving ship, &c. Allowance to informer. |
| IV. And be it further enacted, by the authority aforesaid, That if any person whatsoever, from and after the publication of this act, shall presume to go on board, and return from any ship or vessel so required to do quarentine, before, or during the time of such quarentine, without such licence as aforesaid, every such offender shall and may be compelled, and in case of resistance may by force and violence be compelled, and in case of resistance, may by force and violence be compelled, by the persons appointed, as aforesaid, to return on board such ship, and there to remain during the time of her quarentine; and the master of such ship is hereby obliged to keep and maintain such person on board accordingly. | Punishment for going on board, without license: |
| V. And be it further enacted, by the authority aforesaid That it shall and may be lawful for any officer of the customs, or others who shall be directed to take care that such quarentine be duly performed, to seize any boat or skiff belonging to such ship or vessel, or | Power of officers of customs. |
| which shall be therewith found, and to detain the same, until such quarentine shall be performed: And in case any such officer, or other person so intrusted, as aforesaid, shall voluntarily suffer any seaman belonging to such ship or vessel, or any passenger therein, to quit such ship or vessel, while under quarentine, every such offender shall forfeit the sum of one hundred pounds; one moiety thereof to his Majesty, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to the person or persons who shall inform or sue for the same, in any court of record within this colony: To be recovered with costs of suit. | Penalty for suffering persons to leave the ship, &c. |
| VI. And be it further enacted, by the authority aforesaid, That the persons appointed to see the said quarentines performed, in the several counties adjoining to the places where the quarentines are or shall be appointed to be performed, do, and they, or any one or more of them, are hereby required, forthwith, and from time to time, when quarentine shall be appointed to be performed, to cause watches to be kept both day and night, in the most proper and convenient places, within the several adjacent parishes, with strict orders to them, and they are hereby required, not to permit or suffer any person whatsoever, to come on shore from, or go on board any ships under quarentine, except such only as have, or shall have, the charge of seeing the quarentine duly performed, or as shall be licenced, as aforesaid. | Watch to be kept. |
| VII. And it is further enacted, That after the quarentine shall have been duly performed by any ship or vessel, and the person or persons therein, according to the proclamation to be issued, by the lieutenant-governor, or the governor or commander in chief of this colony, for the time being, with the advice and consent of the council, as aforesaid, and this act; and upon proof to be made, by the oaths of the master or other person having the charge of the said ship, and two of the persons belonging to such ship or vessel, before any officer of the customs of this colony, of the port or place where such quarentine shall be performed, or before any other person to be appointed to see such quarentine performed, (who are hereby authorized and required to administer such oath,) that such ship or vessel, and all and every the person and persons therein, have duly performed | Ship, when to be released. |
| the quarentine, as aforesaid; and that the ship or vessel, and all the persons onboard, are free from infection; then, and in such case, such officer of the customs, or other person to be appointed, as aforesaid, are hereby required to give a certificate thereof; and thereupon, such ship or vessel, and all, and every person and persons therein, and thereunto belonging, shall be liable to no further restraint or detention during that voiage, by reason of any matter or thing contained in this act. | ||
| VIII. Provided nevertheless, and it is hereby enacted, That the goods imported in such ships, shall, after such quarentine performed, be opened and aired, in such place or places, and for such time as shall be directed by such proclamation, as aforesaid. | Goods imported, to be opened and aired. | |
CHAP. III. |
[From edit. 1733, p. 323.] | |
| ||
| I. WHEREAS the Indians of the five nations, and others their dependants, having wars with divers nations of southern Indians, for many years past have taken their marches along the frontiers of this colony, and many robberies and other hostilities have been committed by their parties, to the great damage and disturbance of the inhabitants in the said frontier settlements: And whereas, for preventing the like injuries for the future, several treaties have been set on foot with sundry of the Indian nations, inhabiting within the limits of his Majesty's plantations to the northward of this dominion, as well for restraining the said Indians within certain limits in their marches and huntings, as for preventing any combinations between them and the Indians tributary to this government, which might prove prejudicial to the public peace: And more especially, certain preliminary articles having been proposed on the part of this government, and agreed to by the Indians of the five nations, whereby the said five nations have solemnly and faithfully promised, that none of their Indians shall, at any time hereafter, cross Potowmack river, nor pass to the eastward of the great | Recital of treaty of peace, made at Albany. |
| ridge of mountains, without a licence or passport from the governor of the province of New-York, for the time being; and on the other hand, the Indians tributary to this government, have, in like manner, solemnly engaged, that none of them shall pass over Potowmack river, or go to the westward of the same great ridge of mountains, without the licence or passport of the governor of this his Majesty's colony and dominion, for the time being: which said preliminaries are now intended to be speedily ratified, in a treaty intended to be had between commissioners from this government, and the said five nations, at Albany. For the better enforcing and rendring more effectual the said preliminaries, and such other treaty as shall hereafter be entred into, for the security of his Majesty's subjects inhabiting this dominion. | |
| II. Be it 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 ratification of the present intended treaty at Albany, it shall not be lawful for any Indian or Indians tributary to this government, to cross Potowmack river, nor pass the great ridge of mountains lying westward of the inhabited parts of this colony, without a licence or passport first had and obtained from the governor or commander in chief of this dominion, for the time being, under the seal of the colony, containing the number of the Indians so licenced, and the occasion for which the same shall be granted: And if any Indian or Indians tributary to this government, shall, after the time aforesaid, presume to pass to the northward of Potowmack river, or to the westward of the great ridge of mountains, or shall go in greater numbers than are particularly mentioned in such licence, every Indian and Indians so offending, and being thereof convicted, shall suffer death, or be transported to the West-Indies, there to be sold as slaves, as shall be awarded by the court, hereby appointed for trial of the said offences. And if any such tributary Indian, departing out of the limits aforesaid, without such pass as is afore-mentioned, shall there happen to be killed, either by foreign Indians, or by any of his Majesty's subjects inhabiting the parts or places beyond the said limits, or shall be, by either of them, taken up and transported or sold, no reparation or satisfaction shall | Tributary Indians not pass certain limits. Offenders may be killed, or transported and sold as slaves. |
| be demanded by this government, for such killing or transportation. | |
| III. And be it further enacted, by the authority aforesaid, That none of the Indians of the five nations shall, from and after the ratification of the present intended treaty at Albany, be permitted to hunt, or travel in or through any part of this dominion, lying on the south side of Patowmack river, or on the east side of the said great ridge of mountains, without the licence or passport of the governor or commander in chief of the province of New-York, for the time being. And if any of the said Indians of the five nations shall, from and after the time aforesaid, be founding travelling, hunting, or ranging, within the limits herein before mentioned, without such licence or pass, every Indian or Indians so offending, shall incur the like penalties as are herein before inflicted on the tributary Indians. | Indians belonging to the five nations, not to pass certain boundaries. |
| IV. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the governor or commander in chief of this dominion, and his Majesty's council, or any five of them, (whereof the said governor or commander in chief to be one) to hold a court at any time or place within this colony, where such governor or commander in chief shall appoint, to hear and determine all offences against this act; and to take for proof the oath of one or more credible witnesses, or such Indian testimony, or pregnant circumstances, as shall be convincing, and to proceed thereon, without the solemnity of a jury. | Governor & council, to constitute a court, for trial of offenders. |
| V. And be it further enacted, by the authority aforesaid, That when any such Indian shall be condemned to death, there shall be paid to the person taking up such Indian, the sum of one thousand pounds of tobacco; to be paid by the public, for each Indian so by him taken up; and if such Indian shall be condemned to transportation, the taker up shall have the benefit of selling and disposing of the said Indian, and have and receive to his own use, the money arising by such sale. | Reward for taking up offenders. |
| VI. Provided always, and be it enacted, That where the governor or commander in chief of this dominion, for the time being, shall find any offenders against this act, fit objects of mercy, it shall and may be lawful for him, with the advice and consent aforesaid, to mitigate such punishment, or totally remit the same, and send | Governor, &c. may mitigate punishment. |
| the offender or offenders back to his or their nation, as shall be most conducive to the service and interest of this colony: | |||
| VII. And be it further enacted, by the authority aforesaid, That all and every nation of Indians who shall hereafter become tributary to this government, and all and every nation of foreign Indians, who shall at any time hereafter, by treaty with this government, agree to be confined to certain limits and bounds in their hunting and travelling, shall be liable to the like punishments and penalties, for departing out of the same: And the governor or commander in chief of this dominion, for the time being, with the advice and consent of the council, shall have the same powers and authorities of punishing or pardoning the said offences committed by such Indians, as are herein before inflicted, directed, or given. | Who deemed tributary Indians. | ||
|
Notes to Edition 1733. | |||
| Note. A copy of this act was delivered to the great men of the five nations under the seal of the colony, at the treaty at Albany in September, 1722, and by them ratified. | |||
CHAP. IV. An act for the further improving the staple of Tobacco. CHAP. V. | |||
| Repealed by proclamation, 18th Jan. 1723. |
| CHAP. VI. | |||
| [From edit. 1733, p. 325.] | ||
| I. WHEREAS great damage doth daily arise to the trade of this colony, by the mutinous behaviour of seamen, emploied on board ships and vessels: for remedy whereof, | Preamble. | ||
| II. Be it 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 if any seaman, belonging to any ship or vessel, trading within this colony, shall without the licence of his commander, go on shore, and absent himself from his duty, every such seaman shall, for every such offence, forfeit and pay the sum of five shillings current money; to be recovered before any justice of the peace of this colony, by the master, or any of the crew of the ship or vessel, to which such seaman belongs: And in case such seaman shall not make present paiment, or give security for the paiment thereof, out of his wages, when due, he shall then receive ten lashes on his bare back, well laid on. | Punishment on seamen going on shore, without leave. | ||
| III. And be it further enacted, That if any seaman, sent in any sloop, boat, or other vessel, for the delivery of goods from on board, or fetching tobacco or other merchandize for the lading of any ship, shall disobey the lawful commands of his captaiu, or any other officer appointed by him, for taking charge of such sloop, boat, or vessel, every person so offending, shall, upon complaint, and proof thereof made, before any one justice of the peace within this colony, have and receive twenty lashes on his bare back, well laid on. | Disobedient seamen to be whipped. | ||
| IV. And, for preventing and punishing mutinies, happening on ship-board, Be it enacted, by the authority aforesaid, That if any person, hired to serve on board any ship or vessel, shall obstinately refuse to obey the just & lawful commands of his captain, master, or other superior officer, or shall lift his hand against such captain, master, or other superior officer, or threaten any bodily hurt or damage to either of them, or shall wilfully neglect his duty on board, not being sick, or otherwise disabled to perform the same, it shall and may be lawful, | Two justices may hear complaints of masters against their seamen, and inflict punishment. |
| to and for any two justices of the peace, near to the place where such ship or vessel rides, (one of which justices to be of the quorum) upon complaint thereof to them made, to cause to come before them the party offending, together with such witnesses as either party shall desire, at some convenient place near where the said ship rides, & summarily to hear & determine such complaint; and upon due proof of such offence, to impose such mulct or fine on the party offending, to be paid to the party injured, as to them shall seem just, not exceeding three months pay; and if the nature of the offence shall require it, to order and direct such corporal punishment on the offender, as they shall think fit. And if any person, convicted of any of the offences aforesaid, shall not make present paiment, or give sufficient security for the payment thereof, out of his wages, when due, and also for his future good behaviour, and due performance of the voiage, every person refusing such paiment, or to give such security, shall receive on his bare back thirty-nine lashes, well laid on; and then be remanded to his service on board. | Corporal punishment. |
| V. And be it further enacted, by the authority aforesaid, That no master of a ship or vessel, within this colony, shall hire, receive, or entertain any seaman, which hath, since the passing of this act, belonging to any other ship or vessel, trading within this dominion, without a discharge under the hand and seal of his former commander, under the penalty of ten pounds, current money of Virginia: To be recovered, with costs, by any person or persons, who will inform or sue for the same, in any court of record within this dominion. | Penalty for hiring seamen belonging to another ship. |
| VI. And for further preventing the desertion of seamen, Be it enacted, by the authority aforesaid, That no seaman whatsoever, not being emploied by the commander of the ship to which he belongs, shall travel through this dominion, without certificate, under the hand and seal of the master or commander of the ship or vessel to which such seaman last belonged, that such seaman hath been by him discharged. And if any seaman shall be found travelling through this colony, without such certificate as is herein before directed, every such seaman shall and may be taken up, and conveyed back to the ship to which he belonged, or (if such ship be departed out of this colony) put on board any of his | Seamen travelling without certificate, dealt with as runaways. |
| Majesty's ships of war, which shall happen to be here, in the same manner as is prescribed by one act, made at a general assembly, held the twenty-fifth day of October, in the ninth year of our late sovereign lady queen Anne, intituled, An act for prohibiting Seamen being harboured or entertained on shore. And al and every person and persons, taking up, securing, and conveying onboard such seaman, shall be intituled to the same rewards, as in and by the said last mentioned acts are appointed; and shall be liable to the same penalties, for wilfully or negligently suffering such seaman or seamen to escape. And if any ordinary-keeper, or other person, shall harbor or entertain any seaman, not having such certificate, as aforesaid, every person so offending, shall be liable to the like forfeiture as by the afore mentioned act, for preventing seamen being harbored or entertained on shore, is appointed; and to be recovered in the manner therein prescribed. | (See acts of 1710, ch.
3.) Penalty on ordinary-keepers, entertaining seamen without certificate. |
| VII. And, to the end the complaints of seamen against their commanders, may be redressed, Be it further enacted, by the authority aforesaid, That all and every master or commander of any ship or vessel, trading within this colony, shall find, allow, and provide, good and sufficient diet and accommodation, for all persons under his or their command, on board such ship or vessel, according to the usage in the merchants service; and also shall provide and furnish, or cause to be provided and furnished, the like good and sufficient provision of wholesome victuals, to all persons emploied by him or them, in sloops, boats, or other vessels, sent from his or their ship or vessel, for the delivery or bringing on board of goods and merchandizes, proportionable to the distance of place, and length of time, wherein such persons so emploied may reasonably be absent, And if any master or commander, shall neglect or refuse, in either of the cases aforesaid, to find and allow such reasonable provision and accommodation, upon complaint thereof made to any justice of the peace, residing next to to the place where such ship or vessel shall ride, such justice is hereby impowered and required, to call before him such master or commander, and to examine into the said complaint; and thereupon to order such compensation and satisfaction to be made to the person or persons injured, as to him shall | Complaints of seamen, against commanders, how redressed. |
| seem just; and if need be, to award execution against, the body or goods of such master or commander. | |
| VIII. And be it further enacted, That where a master of a ship or vessel, shall discharge any seaman out of his service, such master shall be, and he is hereby enjoined, to give such seaman a certificate of his discharge, in the manner herein before-mentioned, that he may thereby be enabled to obtain entertainment on board some other ship or vessel, under the penalty of five pounds, current money; to be paid by such master or commander, and to be recovered by such seaman, before any justice of the peace within this dominion. | Seamen discharged to have certificate. |
| IX. And be it further enacted, by the authority aforesaid, That if any master or commander of any ship or vessel, trading within this dominion, shall immoderately beat, wound, or maim, any seaman, belonging to his ship or vessel, upon complaint thereof made to any justice of the peace, such justice is hereby impowered and required, by warrant under his hand, directed to the sheriff or constable, to cause such master or commander to be brought before him, and to tako sufficient security for his good behaviour. And moreover, such master or commander shall be liable to the suit or prosecution of the party grieved, for all such damages as he shall sustain, by means of such beating, wounding, or maiming. | Punishment of masters for immoderate correction of seamen. |
| X. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to limit or restrain the power, authority and jurisdiction of the lord hign admiral of Great-Britain, the vice admiral of this dominion, or judge of the vice admiralty, for the time being, in any matter or thing, properly belonging to the cognizance of the admiralty court. | Admiralty jurisdiction not abridged. |
| CHAP. VII. An Act for the more effectual clearing of Rivers and Creeks. |
[From edit. 1733, p. 328.] |
| I. WHEREAS, many of the rivers and creeks, in this colony, are stopped and choaked up, by the fall of trees, stumps, and rubbish therein, and hedges have, in many places of the said rivers and creeks, been made across the same, whereby the passage | Preamble. |
| of boats and vessels is hindred and obstructed, to the great damage of the inhabitants of this colony, and hindrance of their trade and commerce. And whereas the said rivers or creeks generally divide two counties, the inhabitants whereof have refused to join in clearing the same: For remedy whereof, and that so beneficial a work may be effected, | |
| II. Be it 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 where it shall happen, any river or creek in this colony, shall divide two counties, and the course of the said river or creek be stopped or obstructed, by the fall of any trees or stumps, or otherwise, it shall and may be lawful for the courts of each of the said counties, and they are hereby required, to contract and agree with such person or persons as they shall think fit, to clear the said rivers or creeks: And that the said courts be and are hereby impowered and required, to levy such quantity of tobacco, as shall be sufficient to pay and discharge the workmen concerned or emploied therein, in proportion to the number of the tithables in each of the said counties. | Counties bounded by a river or creek, each to contribute towards clearing it. |
| III. And be it further enacted, by the authority aforesaid, That all hedges already made across any of the said rivers or creeks, be taken up and destroied, by the person or persons who made or placed the same: And that, for the future, no hedge, that shall in any wise obstruct the passage of the said rivers or creeks, or any of them, shall be placed or set therein: but that every person, who shall not pull up and destroy any and every hedge, already by him set, in any of the said rivers or creeks, or who shall hereafter presume to set any such hedge therein, shall, for every such offence, forfeit and pay two hundred pounds of tobacco. And if, after conviction, the person or person so offending, shall suffer the said hedges, or any of them, to continue, and not pull up and destroy the same, he or they so offending, shall, for every week they shall suffer the same to remain, forfeit and pay one hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of either of the said counties. | Penalty, for erecting hedges across rivers er creeks. |
| IV. And be it further enacted, by the authority aforesaid, That where any river or creek shall be in one | River or creek in one |
| county only, it shall and may be lawful for the court of the said county, and they are hereby impowered and required, to contract and agree with any person or persons to clear the same: And, that the said courts be and are hereby also impowered and required to levy such quantity of tobacco, as shall be sufficient to discharge such agreement. And that all such hedges already made therein, shall be pulled up and destroied, by such person or persons who shall have placed the same; and no such hedge for the future shall be set, or suffered to continue in any river or creek, by any person whatsoever; under the like forfeitures and penalties as are herein before set forth; and to be recovered in such manner, and for the use of such person or persons, as is herein also before directed. | county only, the court to contract for clearing it. |
| CHAP. VIII. An Act for settling new Ferries over York, Rappahanock, and Pamunkey Rivers. |
[From edit. 1733, p. 329.] |
| I. WHEREAS, by reason of the increase of settlements within this colony, the ferries already established by law, are not sufficient to answer the ends thereby intended: | Preamble. |
| II. Be it 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 ferries be constantly kept at the places hereafter named; and that the rates for passing the said ferries, be as follow, that is to say: | New ferries established. |
| On York River, | |
| From the lower side of the creek, below Poplar Neck, to the land formerly belonging to Doctor Green, now in the tenure of Robert Porteus, Esq. the price for a man, fifteen pence, and for a horse, fifteen pence. And the same fro Doctor Green's land to the aforesaid creek. | Rates of ferriage. |
| On Rappahanock River. | |
| From Mrs. Fitzhugh's plantation, in King George County, to the wharf, on the leased land of Thomas |
| Buckner, and John Royston, the price for a man, three pence, and for a horse, three
pence. From Germanna, over the river Rappidan, a branch of the said river Rappahanock, the price for a man, three pence, for a horse, three pence. From Field's plantation, in Spotsilvania, to Col. Ludwell's plantation, in King George County, for a man, three pence, for a horse, three pence. From Robert Ray's plantation, over the said river, to Mr. Samuel Skinker's, the price for a man, six pence, and for a horse, six pence. And, from Urbanna, over the said river, to Thomas Chetwood's, the price for man, two shillings, and for a horse, two shillings. | |
| On Pamunkey River. | |
| From George Dabney's landing, over the said River, the price for a
man, three pence, and for a horse, three pence. From Mrs. Garland's, in the county of Hanover, over the river, to Mrs. Littlepage's land, in the county of King-William, the price for a man three pence, and for a horse, three pence. And from David Anderson's, in the county of King William, to Peter Garland's land, in the county of Hanover, the price for a man, three pence, and for a horse, three pence. | |
| III. And be it further enacted, by the authority aforesaid, That the licences for keeping the said ferries, shall be obtained after such manner, and the keepers thereof be under such regulations, advantages, and restrictions, as are mentioned, prescribed, and comprized, in and by one act of assembly, made in the fourth year of our late sovereign lady, Queen Anne, intituled, An Act for the regulation and settlement of ferries; and for dispatch of public expresses. | Keepers to be governed by former law. (See act of 1705, ch. 53.) |
| IV. And, for the encouragement of all Ferry keepers, within this colony, to provide convenient boats, for the transportation of coaches, carts and waggons, Be it enacted by the authority aforesaid, That where ferries are already, or hereby established, it shall and may be lawful, to and for the courts of the counties wherein such ferries are kept, at any time, when they shall find it necessary, for the conveniency of travellers, and |
| transportation of goods and merchandize, to direct and appoint proper boats to be kept at the said ferries, for the convenient transportation of coaches, waggons, and other wheel-carriages. | ||
| V. And, when such boats shall be provided and kept, Be it further enacted, That it shall and may be lawful, for the keeper or keepers of such ferries, to demand and take for the ferriage and transportation of such wheel-carriages, after the rates following, that is to say: For every coach, chariot, or chaise with four wheels, or waggon, the same rates as are by law established at such ferries respectively, for the ferriage of six horses; and for every two wheel chaise or cart, the same rate as is by law established for the ferriage of four horses; and no more. | Rates of wheel-carriages. | |
CHAP. IX. |
[From edit. 1733, p. 330.] | |
| ||
| I. WHEREAS the public goal of this colony, and the prison for debtors to be committed to, by the general court, are inconvenient, and it is requisite that a house, adjacent to the said prisons, be built for the accommodation of the keeper thereof, and convenient alterations should be made, to render the said prisons more secure and commodious for the prisoners to be committed thereto: | Preamble. | |
| II. Be it 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 as soon as conveniently may be, after the passing this act, one lot or half acres of ground, lying in the city of Williamsburg, as near as may be to the place where the said prisons, and a wall of brick to inclose a yard on the south side of the same: And that such alterations be made in the said prisons, or either of them, as shall be thought fit, by the persons for that purpose here after named, or by the survivor of them, to render | Addition to the public prison. |
| the said prisons more commodious and secure: And that a sum, not exceeding three hundred and fifty nine pounds, be set apart, and appropriated for and towards the carrying on, compleating, and finishing such works. | |
| III. And be further enacted, by the authority aforesaid, That John Holloway, John Clayton, and Archibald Blair, gentlemen, and the survivor of them, shall and may, and they are hereby impowered to agree with, hire, and employ such and so many workmen and labourers, and to provide, furnish, and buy such materials, as they, or the survivor of them, shall think convenient and proper to be emploied and made use of, in and about such buildings and alterations. And that they, the said John Holloway, John Clayton, and Archibald Blair, gentlemen, or the survivor of them, as often as he or they shall have occasion for money for the sues aforesaid, shall and may apply him or themselves to the honourable the lieutenant-governor, or the governor and commander in chief of this colony, for the time being, and he is hereby impowered and desired to issue his warrant to the treasurer of this colony, to pay so much money as there shall be occasion for, for the purposes aforesaid, (not exceeding the said sum of three hundred and fifty-nine pounds, as aforesaid,) who is hereby required to pay the same accordingly. | Commissioners may employ workmen. May draw money. |
| IV. and be it further enacted, by the authority aforesaid, That from and after the passing of this act, the places for the receiving and safe-keeping of debtors and criminals in the said prisons, or either of them, be as follow, that is to say: That the two rooms at the east end of the now criminals goal, be appropriated and kept for the receiving and safe-keeping of debtors to be committed by the general court; and that the two rooms at the west end of the said criminals' goal, and that the two rooms at the west end of the said criminals' goal, and the said general court prison for debtors, be appropriated and kept for the receiving and safe-keeping of criminals committed to the public goal of this colony. and that the person who now is, or shall at any time hereafter be apppointed keeper of the public goal of this colony, during the time he shall so continue, be, and is also hereby constituted and appointed keeper of the goal for debtors, to be committed by the general court; any thing in any act or acts heretofore made, which relate to the receiving and keeping of prisoners, to the said goals, or either of them, or to the keepers thereof, | Debtor's apartment: Criminal's apartment. |
| contained to the contrary thereof, in any wise, notwithstanding. | ||
| V. And be it further enacted, That the keeper of the said public prisons, for the time being, be, and he is hereby declared exempted from all musters of the militia, and from serving on any jury, during his continuance in the said office. | Keeper exempted from militia duty. | |
CHAP. X. An Act for amending the Breed of Horses. CHAP. XI. An Act for raising a Public Levy. CHAP. XII. An Act for the preventing of Swine going at large within the City of Williamsburg, or the limits thereof. CHAP. XIII. An Act for building a church in the Parish of Accomack. CHAP. XIV. |
(Expired at the end of the session 1730.) | |
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CHAP. XV. | ||
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| CHAP. XVI. | ||
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| Signed by ALEXANDER SPOTSWOOD, ESQ. Governor. JOHN HOLLOWAY, Speaker. |
| Pages 76-95
| Pages 118-142
|