Pages 288-308 
|  Pages 325-340
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| Pages 288-308
| Pages 325-340
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| AT A General Assembly BEGUN AND HELD AT |
Wm. Gooch, esq. governor. | |
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| CHAP. I. | [From edit. 1733.] | |
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| I. WHEREAS, by one clause of the act made at the last session of this assembly, For amending the Staple of Tobacco, and for preventing Frauds in his Majesty's Customs, it was enacted, "That no master of a ship, or other vessel, should carry to any warehouse, or fetch from thence, or any place whatsoever, in any boat or vessel to him belonging, or in any vessel mann'd by the sailors of the ship or vessel whereof he should be master, any tobacco, to be shipped upon freight, upon pain of forfeiting ten pounds of lawful money, for every hogshead, so carried, fetched, or put on board: to be recovered by action of debt, in any court of record; one moiety whereof should be to our sovereign lord the king, his heirs and successors, to be applied towards defraying the expence of the execution of this act; and the other moiety to the person who should sue for the same:" | Preamble. | |
| II. And whereas, it is now found more expedient, for the dispatch of ships, to allow the masters thereof, a |
| liberty of employing their own sloops, boats, and sailors, in carrying tobacco from the warehouses, on board their ships or vessels, respectively: | |
| III. 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 no master of any ship, or other vessel, shall hereafter be liable to the penalty or forfeiture in the said recited clause mentioned, for any tobacco, which at any time heretofore hath been carried from any plantation or place, to the public warehouses, by the sloops, boats, or sailors, to such masters belonging; or for any tobacco, either heretofore or hereafter carried from any of the public warehouses in the said act mentioned, on board any ship or vessel, in any boat or vessel belonging to such master, or by any of the sailors belonging to such ship or vessel: But it shall and may be lawful for all masters of ships, and other vessels, to employ their own sloops, boats, and sailors, in carrying tobacco from the said warehouses, on board their ships; any thing in the said act, to the contrary notwithstanding. | Former penalties released. |
| CHAP. II. | |
| An Act for laying a Duty on Liquors. | |
| May it please your most excellent Majesty, I. WHEREAS by an act of assembly made in the twelfth year of the reign of our late sovereign lord George the first, intituled, An Act for laying a duty on Liquors, a duty or custom of three pence, was laid on every gallon of rum, brandy, and other distilled spirits; and on every gallon of wine, which should be imported, or brought into this colony and dominion, from and after the tenth day of June, then next ensuing, for and during the term of five years; and also one other duty, of one penny, on every of the said liquors imported, as aforesaid, after the said tenth day of June, for an during the term of twenty one years; of which said last mentioned duty, two hundred pounds per annum was by the said act appropriated to the use of the college of William and Mary. |
Preamble. |
| II. And whereas, by one other act made at the last session of this assembly, the said duty of three pence |
| was continued for four years upon the liquors aforesaid, (except such as should be imported in any ship, or vessel, wholly and solely belonging to the inhabitants of this colony, which were made liable to half the duty only:) And seeing your majesty, in your great wisdom, has been pleased to disapprove and repeal the said act, | |
| III. We your majesty's most dutiful and loial subjects, the representatives of your people of the colony and dominion of Virginia, now met in a general assembly, beg leave to represent to your majesty, that it is absolutely necessary for the support of this government, to raise so much money yearly, as may be sufficient to defray the expences thereof, without subjecting your people to a poll-tax, which will be too grievous and burthensome to them, and will be the occasion of great murmuring and discontent: and as no better expedient for this purpose can be proposed, than by laying a more equal duty upon liquors, imported from your majesty's other plantations; which has, by long experience, been found easy and agreeable to your subjects, in this colony. | |
| We do most humbly beseech your Majesty, that it may be enacted, | |
| IV. And 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 for every gallon of rum, brandy, and other distilled spirits, and for every gallon of wine, which, from and after the last day of July next, shall be imported or brought into this colony and dominion, from any port or place whatsoever, the duty or custom of three pence shall be paid by the owner or importer of the same, for and during the term of four years. | Duty on rum, brandy and wine. |
| V. Provided nevertheless, and it is hereby enacted and declared, That no duty or custom whatsoever, shall be required or paid, for any of the liquors before enumerated which shall come directly from Great Britain; but that all such liquors shall remain and continue exempt and free from any imposition, duty, or custom, levied or required by this act, as if this act had never been made. | Except imported from G. Britain |
| VI. And be it further enacted, That no liquors whatsoever, liable to a duty or custom by virtue of this act, shall be landed, put on shore, or any other way delivered out of the ship or vessel importing the same, before due entry be made thereof, with the collector of the duties in the port or place where the same shall be imported, and a true account given upon oath, of the number of gallons every cask did contain, according to the invoice thereof at that port or place where the same was shipped and put on board, and a permit had, under the hand of the said collector, for landing or delivery thereof: And that all liquors landed, put on shore, or delivered, contrary to the true intent and meaning of this act, or the value thereof, shall be forfeited and lost; and shall or may be seised and secured by any officer of his majesty's customs of the port or place where the same shall be so landed, put on shore, or delivered, or by any other person or persons whatsoever. | Entry, how made. |
| VII. Provided always, That it shall and may be lawful for the owner or importer of any liquors liable to the paiment of the said duty, upon the entry thereof with the collector of the said duty, to make oath, as aforesaid, to the number of gallons contained in each cask, before any justice of the peace of this colony; and such collector, upon his or her producing a certificate from such justice, of such oath made, on the back of the invoice of such liquors, shall and may, and is hereby required to give a permit for landing or delivery thereof. | Owner may make oath. |
| VIII. And be it further enacted. That the master or purser of every ship, barque, or other vessel, importing liquors liable to any duty or custom by virtue of this act, to any port or place within this colony and dominion, shall make a true and just report, upon oath, within eight and forty hours after his arrival, with the collector of the duties upon liquors in the said port or place, of the burthen, contents, and loading of such ship, barque, or other vessel, with the particular marks and numbers of every cask therein laden with liquors, to the best of his knowledge; and also where and in what port the same were laden or taken on board; upon penalty of forfeiting one hundred pounds current money. | When liquors to be reported. |
| IX. Provided always, and it is hereby enacted and declared, That no person or persons whatsoever, shall | Pipe of wine may be estimated. |
| be required to give an account upon oath, of the true contents of any pipe or cask of wine, imported directly from the place where the same was made; but that upon every such importation of wine, the owners or importers thereof shall have liberty to enter a pipe at one hundred gallons, and all lesser cask after the same proportion; any thing in this act contained to the contrary, or seeming to the contrary, notwithstanding. | |
| X. And for the better encouragement of all persons whatsoever, that make due entry and paiment of the several impositions, duties, and customs, laid upon liquors by virtue of this act. | |
| XI. Be it further enacted, That in consideration of the filling and leakage, every collector of the said impositions, duties, or customs, shall be, and is hereby authorised and required, to abate and allow to such person or persons as shall enter liquors, and pay the duties, twenty gallons in every hundred, according to the invoice of the said liquors made and taken at the port or place where the same was laden and put on board. | Abatement for leakage. |
| XII. And if any person or persons whatsoever, shall wittingly or willingly make a false entry, and be convicted of the same, such person or persons shall forfeit and pay one hundred pounds current money. | Penalty for false entry. |
| XIII. And be it further enacted, That the collectors of the duties or customs upon liquors, or any person by them appointed, shall have full power and authority to go and enter on board any ship, or other vessel; and from thence to bring on shore any liquors liable to a duty or custom by virtue of this act, if the duty or custom be not paid, or agreed for, within ten days after the first entry of the said ship, or vessel, or bond, with good and sufficient security, given for paiment of the same, at the expiration of six months next after such entry; which bond, if offered, the collector of the said duties is hereby authorised and required to accept and take; and they are also authorised and impowered to stay and remain on board the said ship or vessel, until all such liquors be discharged and delivered out of the same. | Liquors may be seized. |
| XIV. And be it further enacted, That if any collector or collectors of the duties upon liquors, or any other person or persons deputed or appointed by or under them, or any of them, shall, directly or indirectly, take or receive any bribe, or reward, in any | Bribery, how punishable. |
| kind whatsoever, or shall connive at any false entry of any liquors liable to a duty or custom, by virtue of this act, the person or persons therein offending, shall forfeit and pay the sum of one hundred pounds current money, and be for ever afterwards disabled in his said office, and rendered incapable of holding any office or emploiment, relating to the customs within this colony and dominion: and the person or persons, giving or paying any such bribe, reward, or recompence, shall forfeit and pay one hundred pounds current money. | |
| XV. Provided always, and it is hereby further enacted, That if the importer of any liquors, of which the duties and customs, according to this act, shall be paid, or secured to be paid, shall, within six months after the importation thereof into this colony and dominion, be desirous to export the same, or part thereof, in such case the said importers shall give a particular account of the contents, and the marks and numbers of the casks or vessels containing the liquors he intends to export, to the collector, with whom, at their importation, they were entered; and shall subscribe the same, and declare upon oath, that the duty or custom for the liquors he desires to export, were, at the entry, duly answered and paid, or secured to be paid, according to this act; and that the said liquors shall be directly carried out of this dominion, and not sold, delivered, or put on shore, within the same, or brought back again, without making a new entry, and paying the duty; and then it shall and may be lawful for the said collector, and he is hereby required and enjoined, to allow to the said importer, the whole duty or custom paid for the said liquors so to be exported; any thing in this act contained to the contrary, in any wise, notwithstanding. | Drawback allowed. |
| XVI. And for an encouragement to import money into this colony and dominion, for paiment of the duties by this act imposed. | Premium for money. |
| XVII. Be it further enacted, That if the owner or importer of any liquors, chargeable with the paiment of the duties on liquors by this or the said former act, shall actually import into this colony any sum or sums of money for paying the said duties, and shall make proof thereof before any collector of such duties, such collector shall certify the same; and upon producing such certificate to any collector of the said duties, such collector is hereby authorised and impowered, to make an |
| abatement or allowance of fifteen per cent. in the paiment of such duties on any liquors, by him or them afterwards imported into this colony, until such sum or sums of money shall be paid away; and upon paiment of any lesser sum than is mentioned in such certificate, to such collector for the duties on liquors, such collector shall endorse the sum so by him received, on the back of such certificate; but no abatement or allowance shall be made or allowed, for any money imported by any other person or persons, than the owner or importer of the liquors, who shall pay the duties, by this act, or the first recited act aforesaid, imposed. | |
| XVIII. And be it further enacted, That the several forfeitures and penalties which shall or may arise, by virtue of this act; shall be divided into three equal parts; one third whereof, shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; one third part thereof, to the governor of this colony and dominion, for the time being, to and for his own proper use and behoof; and the other third part, to him or them that will inform or sue for the same: To be recovered with costs, by action of debt, bill, plaint, or information, in any court of record within this colony and dominion; wherein no essoin, protection, or wager of law, shall be allowed. | Forfeitures appropriated. How recovered. |
| XIX. And be it further enacted, That the governor or commander in chief of this colony, for the time being, with the advice of the council, shall be, and is hereby impowered, from time to time, and at all times hereafter, to nominate, constitute and appoint, such and so many collectors of the duties laid by this act, upon liquors; as also such salaries, not exceeding six pounds in the hundred, for collecting the said duty, as to him shall seem best. | Governor, &c. to appoint collectors. |
| XX. And be it further enacted, That all and every such sum and sums of money, which shall be raised, collected, and levied, by the duty aforesaid, by virtue of this act, (the necessary charges of collecting, managing, and accounting for the same, always excepted) shall, from time to time, be accounted for, and paid by the respective collectors thereof, upon oath, to John Holloway, esq. treasurer, or to the treasurer of Virginia, for the time being; and the said John Holloway, shall have all the powers and authorities, in the execution | Collector to account on oath. |
| of his office, and the same salary for receiving the duties imposed by this act, and give such security, (and in case of his death or disability, the treasurer for the time being, shall be appointed in the same manner) as is directed and prescribed, by one act made in the twelfth year of the late king George the first, intituled, An Act for Appointing a Treasurer; and the said John Holloway, and the treasurer for the time being, shall account for the duties aforesaid, to the general assembly of this colony, upon oath. And the said duties are hereby appropriated, and shall be issued, applied, and disposed, to such use or uses, as the general assembly, from time to time, shall think fit to direct, for lessening the levy by the poll, or defraying any public expence, and to and for no other use whatsoever. | Duties, how applied. |
| XXI. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, to and for all and every the collector and collectors of the duties laid by this act, to enter into any house, warehouse, or storehouse, in the day time, or (if occasion be) by warrant under the hand of a justice of the peace, and in company with a constable, to break open in the day time, any house, warehouse, or storehouse, to search for, seise, and carry away, any liquors on which a duty is laid by this act, and for which the said duty shall not have been paid, or secured to be paid, according to the directions herein given. And if any such collector or constable shall be sued or molested, for any thing done, in execution of the powers hereby given them, such collector or constable may plead the general issue, and give this act and the special matter in evidence; of which the court, where such suit shall be brought, shall allow: And if in such suit the plaintiff shall be nonsuited, or if judgment shall pass against him, the defendant shall recover double costs. | Collectors may enter, and break open houses, &c. How they may defend themselves. |
| XXII. And be it further enacted, That upon all actions, suits, or informations to be brought, or where any seisure of any liquors, liable to a duty or custom, by virtue of this act, shall be made; if the property thereof be claimed by any person or persons, as the importer thereof, in such case, the onus probandi shall lie upon the owner or claimer of such liquors. | Onus probandi. |
| XXIII. And be it further enacted, by the authority aforesaid, That every master or commander of any ship, boat, or other vessel whatsoever, that from and | Liquors transported from one district to another. |
| after the commencement of this act, shall transport or carry any liquors, on which a duty is laid by this act, from one district to another, within this colony, shall, before he depart out of the district wherein such liquors shall be laden or taken on board, or wherein the same were first entered, make oath, before the collector of the duties in the said district, or before some justice of the peace, near the place where such vessel shall ride, to the true quantity of the liquors on board, to be transported; and that he will not take, or suffer to be taken, on board the said ship, boat, or other vessel, any more liquors, on which a duty is laid by this act; and shall also take a certificate from the said collector, of the quantity of liquors then on board; and that such oath hath been made thereto: And if the master of any ship, boat, or other vessel, or other person, shall after the commencement of this act, transport from one district to another, any such liquors, without having made such oath, and obtained such certificate as herein is directed, or shall deliver or put on shore any liquors, on which a duty is laid by this act, in any other district than where such liquors were first entered, without having first produced to the collector of the district to which such liquors shall be carried, such certificate as aforesaid, on which certificate shall be indorsed, by the collector of the district last mentioned, the time when the said certificate was produced to him, every such master so failing, shall forfeit the value of the liquors: To be recovered and disposed of in such manner, as the penalties and forfeitures herein before mentioned, are directed to be. | Oath and certificate to be taken. Penalty. |
| CHAP. III. | |
| An Act for laying a Duty upon Slaves, to be paid by the Buyers. | |
| May it please your most excellent Majesty, I. WE your majesty's most dutiful and loial subjects, the representatives of your people in your colony and dominion of Virginia, now met in a general assembly, taking into our serious consideration, the exigences of your government here, and that the duty laid upon liquors will not be sufficient to defray |
Preamble. |
| the necessary expences thereof; do humbly represent to your majesty, that no other duty can be laid upon our import or export, without oppressing your subjects, than a duty upon slaves imported, to be paid by the buyers, agreeable to your majesty's instruction to your lieutenant-governor: We therefore beseech your majesty, that it may be enacted, | |
| II. And 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 passing of this act, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony and dominion, for sale, either by land or water, from any port or place whatsoever, by the buyer or purchaser, after the rate of five pounds per cent. on the amount of each respective purchase, within forty days next after such bargain or purchase, made; to and for the uses, intents, and purposes herein after mentioned, and to and for no other use, intent, or purpose whatsoever: And if any buyer or purchaser of any slave or slaves, chargeable with the said duty, by this act, shall fail or neglect to pay the same, within forty days after any such bargain or purchase, for such slave or slaves, as shall be then living, and to give a just and true account of the slaves by him purchased, and for how much, to the collector of the said duty, nearest the place where such buyer or purchaser inhabits, or where the vessel, importing such slaves, shall lie at the time of the sale, every such person, so failing or neglecting, shall forfeit and pay, five pounds current money, for every slave so concealed, or for which the said duty shall not be paid, according to the directions of this act, within the time aforesaid: And every collector, upon receipt of the said duty by this act imposed, is hereby enjoined and required to give a receipt under his hand, for the money by him received, expressing the number of slaves for which the same was paid, and the time of paiment thereof to the person paying the same. | Duty on slaves imported. Penalty for failing to pay. |
| III. And for a direction to the said collectors, in receiving the said duty in current money, where the contract shall be made for sterling, Be it enacted, by the authority aforesaid, That when any bargain or contract shall be made, for any slave or slaves, in sterling money, | Duties payable in currency, on a purchase for sterling. |
| there shall be answered and paid to the collector of the said duty, for the difference of money, after the rate of twenty pounds per cent. upon the amount of the purchase in sterling money, over and above the said duty of five per cent. by this act imposed, and no more. | |
| IV. And be it further enacted, That when any person shall sell any slave or slaves for tobacco, or any other commodity, and not for sterling, or current money, the seller, at the time of sale, shall set a value upon such slave or slaves, so sold, in current money, according to which valuation, the buyer or purchaser shall be chargeable with, and pay to the said collector or other person impowered to receive the same, the said duty of five pounds per cent. | For tobacco. |
| V. Provided always, and be it further enacted, That if any person or persons, after the passing of this act, shall sell any slave or slaves for which the said duty is paiable by virtue thereof, to any person not being an inhabitant of this colony, such person or persons so selling, shall, at the time of the sale, receive the said duty, and account for, and pay the same to the collector of the said duty, nearest the place where the seller inhabits, or where the vessel importing such slaves shall lie at the time of the sale; upon pain of forfeiting, for every slave so sold, the sum of five pounds current money. | If purchaser, a non-resident, seller to account for duty. |
| VI. Provided also, That no duty shall be paid or required of the buyer or purchaser of any slave born in this colony, or imported or brought into the same before the passing of this act, or for which the said duty shall have been once paid. | Exceptions. |
| VII. Provided also, and it is hereby further enacted, That if any person or persons inhabiting within this colony, shall really, and bona fide, buy or purchase any slave or slaves, for his or their own proper use, benefit, or advantage, and not in trust, or for the use, benefit, or advantage, of any other person or persons, not being an inhabitant within the same, for which the duty shall be paid, according to this act; and shall, within twelve months after such bargain or purchase so made, as aforesaid, be desirous to export such slave or slaves, such buyer or purchaser shall give a particular account of the number of slaves he intends to export, to the collector to whom the said duty was paid, and shall subscribe the same; and declare upon oath, that he is | Drawback. |
| the true and lawful owner of the slaves he desires to export, without any trust for any other person or persons, and hath duly paid the duty, according to this act; and that the said slaves shall be directly carried out of this dominion, and upon his own account and risque, & not sold or brought back again within the same, unless the said duty shall be repaid to the collector thereof; and then it shall and may be lawful for the said collector, and he is hereby required and enjoined, to allow such buyer or purchaser the whole duty paid for such slave or slaves so to be exported; any thing in this act contained to the contrary, notwithstanding. | |
| VIII. But forasmuch, as it is very easy to convey slaves into the province of North Carolina, and to bring them back again, and thereby to evade the paiment of the duty aforesaid: | Exception. |
| IX. Be it enacted, by the authority aforesaid, That no drawback shall be allowed for any slaves carried or exported by land or water, into the said province of North Carolina: and when any person shall make oath as aforesaid, in order to entitle himself to the drawback, he shall likewise swear, that the slaves intended to be exported, shall not be carried into the said province. | |
| X. And to the end, the number of slaves sold, and the persons purchasing the same, and whether the duty by this act imposed, has been duly answered and paid, and may be more certainly known and discovered: | |
| XI. Be it further enacted, That all and every person and persons, to whom after the passing of this act any slaves shall be consigned, or by whom any slaves shall be sold and disposed of, for which the buyer or purchaser shall be chargeable with the paiment of the said duty, by virtue of this act, do and shall, within three months after any slave shall be imported or brought into this colony, by land or water, transmit to the next collector of the duties by this act imposed, a list or manifest, in writing, of the number of slaves by him sold, to whom, and for how much; and therein shall distingush and express at what time such slaves were sold, and the place of abode of the buyers, respectively, and how many slaves, if any, remain unsold; and if any slave shall remain unsold after the expiration of the said three months, in that case, such list or manifest as aforesaid, shall be transmitted as aforesaid, to the | Seller to return a list of slaves old, to collector. |
| said collector, within twenty days after the said remaining slaves shall be all sold: And every buyer or purchaser, liable to the paiment of the duty on slaves, by virtue of this act, shall, if thereunto required by any collector of the said duty, at any time after the expiration of forty days from the time of such bargain or purchase, at the usual place of such buyer or purchaser's abode or residence, produce and shew to the said collector, such receipt as is herein before directed to be given, upon paiment of the said duties, to manifest the paiment thereof; and if such buyer or purchaser shall fail to produce such receipt, such failure shall be taken for a conviction, that the duty, for which no receipt shall be produced, hath not been duly answered and paid; and such buyer or purchaser, shall be liable to the forfeitures and penalties by this act inflicted, for concealing purchased slaves, or not paying the duty within the time herein before limited and appointed for paiment thereof. | Purchaser to produce a receipt for the duty. Penalty. |
| XII. And be it further enacted, That if any buyer or purchaser of any slave or slaves, chargeable with the paiment of the duty by this act imposed, shall have imported into this colony, any sum or sums of money, and made such proof, and obtained such certificate, as in and by an act of this present session of assembly, intituled, An Act for laying a duty on Liquors, is mentioned and directed, upon producing such certificate to the collector of the said duty, such collector is hereby authorised and required, to make an abatement or allowance of fifteen per cent. in the paiment of the duty for any slave or slaves bought or purchased by the importer thereof; and upon paiment of the said duty, the collector thereof shall endorse on such certificate the sum by him received. | Premium for importing money, |
| XIII. And be it further enacted, That the forfeitures and penalties which shall or may be incurred, by virtue of this act, shall be divided into two equal parts; one moiety thereof to the governor or commander in chief of this colony and dominion, for the time being, to and for his own use and behoof; and the other moiety, to him or them that will inform or sue for the same: To be recovered, with costs, by action of debt, bill, plaint, or information, wherein no essoin, protection, or wager of law, shall be allowed. | Forfeitures appropriated, How recoverable, |
| XIV. And be it further enacted, That the governor or commander in chief of this colony and dominion, for the time being, shall be, and is hereby impowered, from time to time, and at all times hereafter, to nominate, constitute, and appoint, such and so many collectors of the duties laid by this act upon slaves, as also such salaries, (not exceeding six in the hundred) for collecting the said duties, as to him shall seem best. | Governor to appoint collectors, Salary, |
| XV. And be it further enacted, That all and every sum and sums of money raised, or to be raised, by virtue of this act, shall be constantly accounted for by the collector or collectors thereof, upon oath, and paid to John Holloway, esq. treasurer, or to the treasurer of Virginia, for the time being: and the said John Holloway (and in case of his death, or disability, the treasurer for the time being, who shall be appointed in the same manner as directed and prescribed by one act made in the twelfth year of the reign of the late king George the first, intituled, An Act for appointing a Treasurer; shall give security in the sum of one thousand pounds sterling; and shall have all the powers and authorities, in the execution of his office, and the same salary for receiving the duty imposed by this act as in and by the said last mentioned act are given and allowed: And the said John Holloway, and the treasurer for the time being, shall account for the duties aforesaid, to the governor, council, and burgesses of the general assembly, upon oath. | Collectors to account with treasurer, Treasurer to give security, How to account. |
| XVI. And the said duty is hereby appropriated, and shall be applied for the lessening the levy by the poll, and to and for such other use and uses, as the general assembly, from time to time, shall direct and appoint. | Duty appropriated, |
| XVII. And this act shall continue and be in force, for four years next after the passing thereof, and no longer. | Limitation of act, |
| CHAP. IV. | ||
| An Act to continue the Act, for making more effectual provision against Invasions and Insurrections. | ||
| I. WHEREAS the act made in the first year of his majesty's reign, intituled, An Act for making more effectual provision against Invasions and Insurrections, is near ezpiring; and it is expedient to provide for the safety of the colony, in times of danger, | ||
| 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 the said act shall continue and be in force for three years, from and after the thirtieth day of March next and no longer. | Former act continued. | |
| CHAP. V. | ||
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| I. WHEREAS the act made in the first year of his majesty's reign, intituled, An Act for preventing delays in Courts of Justice; for expediting and better settling the proceedings in the General Court; and for the more speedy and easy recovery of small debts; and for repealing an act for obliging attornies prosecuting suits, in behalf of persons out of the country, to give security for paying all costs and damages; and declaring in what manner such security shall be hereafter given, will expire at the end of this session of assembly: And whereas the said act has been found beneficial, to answer the end and design thereof. | Preamble. Act 1 Geo. 2, c. 3, made perpetual. | |
| II. Be it therefore 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 before-mentioned act, and every clause, matter, and thing therein contained, shall stand and remain in full force, and be perpetual. |
| III. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, to and for any judge or justice of the general court, and every such judge or justice is hereby authorised and impowered, when the said court is not sitting, to take a recognisance of bail, in any action in the said court depending, which shall be taken de bene esse; and if the plaintiff or his attorney, shall except to the sufficiency of the bail so taken, notice shall be given of such exception, to the defendant, or his attorney, at least ten days before the next succeeding general court; and if the bail so taken, shall be judged insufficient by the court, the recognisance thereof shall be discharged, and such proceedings shall and may be had against the defendant or defendants, as if no such bail had been taken as aforesaid: But if the bail so taken, shall be adjudged sufficient, or shall not be excepted to, within the time aforesaid, then such bail shall stand, and be chargeable in the same manner, to all intents and purposes, as if the recognisance had been taken in court. | Any judge of general court may take bail. How excepted to. |
| IV. And for a further prevention of vexatious delays, Be it enacted, by the authority aforesaid, That where a plea in abatement shall be pleaded, in any action in the said court depending, and, upon argument, the same shall be adjudged insufficient, the plaintiff or plaintifs in any such action, shall recover against the defendant or defendants full costs, to the time of over-ruling such plea, including the costs of that court in which such plea, shall be over-ruled, (a lawyer's fee only excepted:) And that the plaintiff in replevin, or the defendant in any other action, may, with the leave of the court, plead as many several matters, as he shall think necessary for his defence, so as they be not admitted to plead and demure to the whole. | Costs, on plea in abatement, Several matters may be pleaded, |
| CHAP. VI. | |
| An Act to make the Stealing of Slaves, Felony, without benefit of Clergy. | |
| I. WHEREAS divers wicked and evil-disposed persons, intending the ruin and impoverishing of their fellow subjects, have devised, and of late times frequently practised, in several parts of this colony, unlawful | Preamble, |
| and wicked courses, in secretly taking and carrying away sundry negro, mulatto, and Indian slaves, and conveying them out of this dominion, or into places remote or unknown to the owners of such slaves, to the insupportable wrong and damage of many of his majesty's good subjects: For prevention whereof, | |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgesses of this present General Assembly, and it is hereby enacted and declared, by the authority of the same, That if any person or persons, from and after the passing of this act, shall steal any negro, mulatto, or Indian slave whatsoever, out of, or from the possession of the owner or overseer of such slave, the person or persons so offending, shall be, and are hereby declared to be felons; and shall suffer death without benefit of clergy. | Stealing slaves felony, without clergy. |
| Pages 288-308
| Pages 325-340
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