Pages 1-16 
|  Pages 35-54
|
| Pages 1-16
| Pages 35-54
|
| CHAP. II. An Act, for the better Regulation of the Militia. | |
| I. WHEREAS, the laws heretofore made, for the settling and better regulation of the Militia, have proved very ineffectual, whereby the colony is like to be deprived of its proper defence, in time of danger, for want of training the persons listed to serve therein, and reducing them under a proper discipline: | 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, the colonel, or chief officer of the militia, in every county, shall list all free males persons, above the age of one and twenty years, within this colony, under the command of such captains as he shall think fit. | What persons shall be listed. |
| III. Provided always, That nothing herein contained, shall be construed, to a personal attendance at musters: that is to say, Such as are, or shall have been, members of his majesty's council, speaker of the house of burgesses, secretary, receiver-general, auditor, judge of the court of vice-admiralty, attorney-general, clerk of the council, clerk of the house of burgesses, clerk of the secretary's office, a justice of the peace, clerk of any county court, or any person that shall have borne any military commission as high as that of a captain, or any of the persons commonly called Quakers: Yet all the persons aforesaid, shall, and are hereby required, | Persons exempted from personal attendance. |
| to send one able-bodied man, not being a convict, or man and horse, armed and accoutred, according to the directions of this act, constantly to appear, and exercise at musters. | |
| IV. Provided also, That nothing herein contained, shall impower or enable any colonel, or chief officer of the militia, to list or cause to be listed, any of the ministers of the church of England, the president, masters, or professors, and students, of the college of William and Mary, during the time of their being such, any overseers residing on the plantation where the slaves under their care are worked, all millers, having the charge and keeping of any mill, nor the founders, keepers, or other persons emploied in or about any iron, copper, or lead work, or any other mine, during the time of their being so emploied; who are hereby exempted from being any ways concerned in the militia. | From being listed. |
| V. And be it further enacted, by the authority aforesaid, That every person, so as aforesaid listed, (except free mulattos, negros and Indians,) and placed or ranked in horse or foot, shall be armed and accoutred in manner following: that is to say, Every horse-man shall be furnished with a serviceable horse, a good saddle, with breast-plate, crupper, curb-bridle, carbine or fuzee, and bucket, holsters, a case of pistols, cutting sword or cutlass, double cartouch box, and six charges of powder; and constantly appear with the same, at the time and place appointed for muster and exercise; and shall keep at his place of abode, one pound of powder, and four pounds of ball, and bring the same into the field with him, when thereunto required. And every footman shall be furnished with a firelock, musket, or fuzee, well fixed, a bayonet fitted to the same, or a cutting sword or cutlass, a cartouch-box, and three charges of powder; and appear with the same at the time and place appointed for muster and exercise, as aforesaid; and shall also keep at his house, one pound of powder, and four pounds of ball; and bring the same into the field, when he shall be required. | How the militia shall be armed. |
| VI. And be it further enacted, That all such free mulattos, negros, or Indians, as are or shall be listed, as aforesaid, shall appear without arms; and may be emploied as drummers, trumpeters, or pioneers, or in such other servile labour, as they shall be directed to perform. | Mulattos, &c. not to bear arms. |
| VII. And, for the better training and exercising the militia, and rendering them more serviceable, Be it further enacted, That every captain shall, once in three months, or oftner, if required, muster, train, and exercise his troop or company: And the county lieutenant, colonel, or chief commanding officer, in every county, shall cause a general muster and exercise of all the troops and companies within his county, to be made in the month of September, every year. And if any soldier, during the time he is in arms at a general muster, shall refuse to perform the commands of his officer, or behave himself refractorily or mutinously, it shall and may be lawful, to and for the chief commanding officer, then present, to cause such offender to be tied neck and heels, for any time, not exceeding five minutes: And for a second offence, at such general muster, the offender shall be punished by the sentence of the majority of the field officers and captains, then present; who are hereby impowered, by a warrant under their hands, to commit the offender to the county goal, there to remain for any time not exceeding ten days. And if any soldier, during the time he is in arms, at any private muster, shall misbehave, as aforesaid, such offender shall be punished by any field officer then present; or, in case there be no such field officer, then by the sentence of a majority of the commission officers, then present; which field officer, or in his absence, the majority of the commission-officers, are hereby impowered to cause such offender to be tied neck and heels, for any time, not exceeding five minutes, for the first offence; and for the second offence, the majority of the commission-officers, then present, are hereby impowered, by warrant under their hands, to commit such offender to the county goal, there to remain for any time not exceeding ten days. and in either case, of commitment to the county goal, the offender so committed, shall not be thence discharged, until the lawful fees for commitment, imprisonment, and discharge, be fully satisfied and paid. And that every captain, and, in his absence, the lieutenant, shall duly make a list of all the persons upon his muster roll, who shall be summoned, and do not appear at any of the said musters, armed and accoutred, as by this act is directed; and return the same, with the names of all officers who shall be absent, to the court-martial, to | Duty of officers, and punishment of disobedient soldiers. |
| which he belongs. And every captain shall have power to appoint a clerk, to his troop or company, who shall keep the muster-rolls, and attend all musters with the same; and such clerk shall be exempted from appearing at arms, in [in arms, at] all such musters. | |
| VIII. And further, it shall and may be lawful, for the chief officer of the militia, in every county, to order all persons listed therein, to go armed to their respective parish churches; and some time before the tenth of June yearly, to appoint an officer, and four men, of the militia, at such times and seasons as he shall think proper, to patrol, and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons. And such patrollers shall have full power and authority, to take up any such slaves, servants, or disorderly persons, so as aforesaid unlawfully assembled, or any other, strolling about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace; who is to order every such slave, servant, stroller, or other disorderly person, as aforesaid, to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on: And in case one company of patrollers shall not be sufficient, to order more companies, consisting of the same number. And such patrollers shall be exempted from attendance at private musters, and from the paiment of all public, county, and parish levies, for their own persons, for those years in which they shall be emploied in that service. | Provision for going armed to church, and appointing patrollers. |
| IX. And be it further enacted, That it shall and may be lawful, for the field officers, and captains, of every county, or the major part of them, whereof the county lieutenant, colonel, lieutenant-colonel, or major, shall be one, and they are hereby required to meet at the court-house of their counties, respectively, on the day next following the general muster, then and there to hold a court martial; which said court shall have power to adjourn from day to day, and to enquire of the age and abilities of all persons listed, and to exempt such as they shall judge incapable of service; and of all delinquents returned by the captains, for absence from musters, or appearing without arms and accoutrements; and to order the fines inflicted by this act, | A court martial to be held for fining delinquents. |
| and not otherwise directed, to be levied upon all delinquents, who shall not make out some just excuse for not performing their duty; and to order and dispose of all such fines, in the first place, for buying drums, trumpets, and trophies, for the use of the troop or company from whence the same arise; and afterwards, for supplying the militia with arms. And the said court shall have full power, and are hereby required, to keep a register of all their proceedings; and for that purpose to appoint a clerk; and to allow him such salary for his service, out of the said fines, as they in their discretion shall think reasonable. And after the holding of every such court, the clerk shall make out copies of all their orders, and deliver the same, within one month next following the said court, to the sheriff of the county; who is hereby impowered and required to demand and receive the money or tobacco therein charged, of the persons made chargeable therewith; and in case of non-payment, on or before the tenth day of April next following, to levy the same by distress, and sale of the goods of the party refusing, according to the directions of the laws now in force, enabling the sale of goods distrained for rent. | |
| X. And, for settling the fines to be inflicted upon all persons who shall fail to do their duty, in any thing required to be done by this act, and on all other delinquents punishable hereby, Be it further enacted by the authority aforesaid, That the several persons herein after mentioned, for such failure, shall forfeit and pay the sums following, respectively: that is to say, The lieutenant of any county, or, in case of his absence from, or non-residence in the county, the chief commanding officer, there residing, failing to appoint a general muster, in the month of September, yearly, shall pay ten pounds for every failure: To be recovered, with costs, by action of debt, or information, in any court of record, in this colony; one moiety to our sovereign lord the king, his heirs and successors, for and towards the better supplying the county with arms; and the other moiety to the informor, to his own proper use. Every colonel, lieutenant-colonel, or major, failing to appear at such general muster, or court, shall pay forty shillings. Every captain, who shall fail to muster and exercise his troop or company, four times a year shall pay twelve shillings for every failure. And every captain failing to appear at the court martial, or general muster, | The fines settled. |
| shall pay twenty shillings for every failure. And every lieutenant who fails to appear at muster, shall pay ten shillings for every failure. And every cornet, or ensign, seven shillings and six pence. And every captain or in his absence, the next commanding officer, failing to return a list of the persons who shall not appear at musters, or shall appear without his arms or accoutrements, shall pay fifty shillings. Every soldier refusing to serve as a serjeant, corporal, drummer, or trumpeter, being thereto appointed by his captain, shall pay fifty shillings, or five hundred pounds of tobacco, at his election; but such person shall be fined but once for such refusal. Every person listed to serve in the horse, shall pay seven shillings and six pence, or seventy five pounds of tobacco: And every person listed in the foot, shall pay five shillings, or fifty pounds of tobacco, at their election, for not appearing at muster, compleatly armed and accoutred; so that no person be fined above five times a year for such failure. And every clerk of a court-martial failing to deliver the orders of the court to the sheriff of the county, within the time herein before limited, shall forfeit all the salary or allowance for his service, as clerk, for that year. | |
| XI. Provided always, and be it enacted, That eighteen months time be given and allowed to each soldier to furnish and provide himself with arms and ammunition, according to this act: And that no soldier be fined for appearing without, or not having the same at his place of abode, until he hath been listed eighteen months after the passing of this act. Any thing in this act to the contrary, or seeming to the contrary, in any wise, notwithstanding; so as every soldier, during the said eighteen months, do appear at all musters, with such arms as he is already furnished with. | 18 months allowed for providing arms. |
| XII. And, for encouragement to every soldier to provide and furnish himself, according to the directions of this act, and his security to keep his arms and ammunition, when provided, Be it enacted, by the authority aforesaid, That the furniture, arms and ammunition, provided and kept, in pursuance of this act, be free and exempted, at all times, from being impressed upon any account whatsoever; and likewise from being seised or taken by any manner of distress, attachment, or writ of execution. And that every distress, seisure, or execution, made or served upon any of the | Arms exempted from seizures and distresses. |
24 [<==Should be marked as page 22.]
| premises, be unlawful and void: And that the officer or person that presumes to make or serve the same, be liable to the suit of the party grieved; wherein double damages shall be given, upon a recovery. | |
| XIII. And be it further enacted, That every person exempted from personal appearance only, failing to send an able bodied man, or man and horse, as the case shall be, in his room, to be trained and exercised, shall pay the same fine as is herein before inflicted for not appearing at musters. and every person ordered to go to church armed, failing to do his duty therein, shall pay five shillings. And every person ordered to patrol, and failing so to do, (to be certified to the court-martial, by the officer of such patrol,) shall pay ten shillings, for each failure. And every person going to, attending at, or returning from muster, shall be privileged and exempted from arrests, and being served with any other process, in any civil action or suit. | Other defaults finable. |
| XIV. And be it further enacted by the authority aforesaid, That if any exempted overseer, or miller, shall presume to appear at any muster, or in any muster field whatsoever, on the day on which such muster shall be appointed; the party so offending, shall, for every such offence, forfeit and pay ten shillings, or one hundred pounds of tobacco; to be assessed upon him by the next court-martial, upon certificate of the offence to them made, by the captain, or chief officer, present at such muster; and levied, accounted for, and appropriated, in the same manner, as the other fines ordered by the court-martial. | Exempted overseers or millerr not to appear at musters. |
| XV. And be tt [it] further enacted, That if any sheriff shall refuse to receive the orders of any court-martial offered to him, by virtue of this act, or to collect and levy the fines therein mentioned; such sheriff, upon a motion and complaint thereof made to the county court or general court, shall be fined, for such refusal, fifty pounds current money: To be appropriated, in the same manner, as the other fines last mentioned. And if any sheriff, taking upon him such collection, or receiving the said orders, shall fail to account for, and pay what he shall have received, by virtue thereof, to the receiver, to be appointed for that purpose, by the court martial, deducting ten per cent. only for his trouble in collecting and receiving; upon a motion or complaint made against him, by the said receiver, or the commanding | Sheriff refusing to receive the orders of the court martial or failing to account. |
| officer of the militia, to the county court, or general court; such court shall give judgment, and award execution against him, for the same. | |
| XVI. And be it further enacted. That every commission officer in the militia, shall, before he acts under, or executes any such commission, in the court of his county, take the oaths appointed by law to be taken, instead of the oaths of allegiance and supremacy, the abjuration oath, and subscribe the same, with the test: And that every county lieutenant, colonel, lieutenant-colonel, major, and captain, at the time of their holding every court-martial, shall, before they hold the same, take the following oath; which shall be first taken by the presiding officer then present, and by him administered to the rest of the officers: to wit, | Oaths to be taken by commission officers. |
| I A. B. do swear, That I will do equal right and justice to all men, according to the act of assembly, for the better regulation of the Militia. | |
| XVII. And be it further enacted, That the adjutant-general, for the time being, with one servant, and their horses, shall be exempted from the paiment of ferriages at all public and other ferries, within this colony: And that the respective ferry keepers shall give him, and his servant, and horses, immediate passage at all such ferries, as in the case of public expresses. Any law, or custom, to the contrary, notwithstanding. | Adjutant general, &c. ferry free. |
| XVIII. And be it further enacted, by the authority aforesaid, That all and every other act and acts, and every clause and article therein contained, For the settlement and regulation of the Militia; or any other matter or thing, within the purview of this act, shall be, and is hereby repealed and made void, to all intents and purposes whatsoever. | Repeal of other acts. |
| XIX. Provided always, That nothing in this act contained, shall extend, or be construed to extend to the inhabitants of the city of Williamsburg, so as to oblige them to muster, or serve in the militia, out of the said city: But that such inhabitants shall be listed and trained, in manner as is directed by one act of assembly, made in the ninth year of the reign of his late majesty king George the first, intituled, An Act for enlarging the Jurisdiction of the Court of Hustings in the City of | This act not to extend to Wiliiamsburg. |
| Williamsburg, within the limits thereof. Any thing in this act, to the contrary, or seeming to the contrary, in any wise, notwithstanding. | |
| CHAP. III. An Act, for reviving the Act, For making more effectual provision against Invasions and Insurrections. | |
| I. WHEREAS, the act made in the first year of the reign of his present majesty, intituled An Act, for making more effectual provision against Invasions and Insurrections, which was continued by two several acts; the one made in the fifth and sixth years, and the other in the eighth year of his said majesty, and is now expired, has been found, by experience to be very useful: | 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 the said first mentioned act shall be, and is hereby revived, and shall continue and be in force, from the passing of this act, for the term of three years next following, and no longer. | 1 Geo. 2, revived for three years. |
| CHAP. IV. An Act, for altering the method of Trial of certain Criminals therein mentioned. | |
| I. WHEREAS, by the laws now in force, For the trial of persons committing capital crimes, twelve freeholders are to be summoned from the county where the fact is committed, for the trial of every such criminal: Which method, through the great increase of offenders, is become very burthensome and expensive to the public, as well as grievous to many of his majesty's good subjects, who live in the remote counties, and are summoned to serve as jury-men at the said trials. And whereas, most of the folonies, [felonies,] and other capital offences committed in this colony, are perpetrated and done by persons who have been convicted of felony, or other crimes in Great Britain, or | Preamble. |
| Ireland, and there sentenced to be transported for the same. And it can be no benefit or advantage to such persons, who are commonly servants, and little known in the neighbourhood where they live, to have a jury of the vicinage; but they may be as fairly and impartially tried by a jury of the by-standers: | |
| 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 first day of February next, when any person charged with a capital offence, shall be examined before any county court, or other inferior court in this colony, pursuant to the laws in that behalf made; such court shall have full power, and are hereby authorized to enquire, by all such ways and means as they shall think necessary, whether such person has been convicted in Great-Britain, or Ireland, of any felony, or other crime, and there sentenced to be transported for the same; and whether the term for which such person was sentenced to be transported, be expired: And if it shall appear to any such court, that the person so charged with any capital offence, has been so convicted, and sentenced to be transported, as aforesaid, and that the term for which such person was so transported, be not expired; the said court shall cause their opinion to be entered upon record: And the clerk of the said court shall and is hereby required to certify such opinion upon the back of the commitment to the public goal. | Duty of courts for examination of cupital offenders. |
| III. And be it further enacted by the authority aforesaid, and it is hereby enacted, That when any person shall be committed to the public goal of this colony, for any capital crime, and there shall be such certificate as herein before is mentioned, indorsed on the back of the commitment of such person, the clerk of the general court shall not issue any writ to summon a jury of the freeholders of the county where the fact is alledged to be committed for the trial of such persons, [person,] as hath been heretofore used; but such persons [person] shall be tried by a jury of the by-standers, in the general court, or court of oyer and terminer, as the case may be. Any law, usage, custom, to the contrary, in any wise, notwithstanding. | How convicts shall be tried. |
| IV. Provided always, That no person shall be qualified to be of such jury, unless he be a freeholder, and | Jurors qualified. |
| possessed of an estate real or personal, of the value of one hundred pounds sterling. | |
| V. Provided also, That upon every such trial, the prisoner shall have the benefit of challenges, and all other advantages, which, by the laws of this colony, he would have, or might be entitled to, in case the trial was by a jury of the vicinage. | Challenges to be allowed. |
| VI. and be it further enacted by the authority aforesaid, That this act shall continue and be in force, for the term of four years, from the passing thereof, and from thence to the end of the next session of assembly, and no longer. | Continuance of the act. |
| CHAP. V. An Act, for continuing and amending an Act, intituled, An Act, for laying a Duty on Liquors. | |
| I. WHEREAS, by one act of assembly made in the fifth and sixth years of the reign of his present majesty, intituled, An Act for laying a Duty on Liquors, a duty of three pence per gallon is laid on certain liquors therein mentioned, for the term of four years, to commence from the last day of July, one thousand seven hundred and thirty two; which said act, by one other act, made in the eighth year of his said majesty's reign, is continued for the further term of four years, from the expiration thereof. And whereas, it is found, by experience, that the said duty is the most easy expedient for raising a fund, to answer the exigencies of the government, without subjecting the people to a poll tax: | 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 the said first recited act of assembly, shall continue and be in force, from and after the last day of July, in the year of our lord one thousand seven hundred and forty, for and during the term of four years from thence next following, and no longer. | 5 & 6 Geo. 2, continued. |
| III. And whereas, the allowance made by the said first recited act, for filling and leakage, is not sufficient to answer the lossess the traders in rum sometimes sustain thereby, Be it further enacted, That after the said |
| last day of July, in the year last mentioned, every collector of the duties by this, or any former act imposed, shall abate and allow to the person or persons who shall enter any rum and pay the duty for the same, fifteen gallons in every hundred, over and above what is already directed to be by him allowed, by the said last mentioned act. Any thing therein contained to the contrary, or seeming to the contrary, in any wise, notwithstanding. | Further allowance for leakage. |
| IV. Provided always, That the said allowance for leakage, shall not extend, or be construed to extend, to the duty of one penny per gallon, laid upon liquors, by one act of assembly, made in the twelfth year of the reign of his late majesty king George the first; to which his majesty has given his royal assent: but that no greater allowance for leakage, as to the said duty of one penny shall be allowed, than is provided in the said act: any thing in this act, to the contrary, notwithstanding: | No to extend to the appropriated one penny. |
| V. And be it further enacted, That when any liquors shall be consigned to any person, other than the master or owner of the ship or vessel importing the same, every such person, to whom any liquors shall be so consigned, as aforesaid, shall, upon the importation thereof, pay to the master or owner of the ship or vessel importing the same, the duty payable for such liquors, by this or any other act. And if any person or persons, to whom such liquors shall be consigned, as aforesaid, shall refuse or neglect to pay the said duty, or to give bond, with security, for the paiment thereof, to the master or owner of the ship or vessel importing the same, at such time as by the same shall become payable; it shall and may be lawful, for the master or owner of such ship or vessel, to detain such liquors, until the duty shall be paid, or secured to be paid, as aforesaid. | Master or owner may detain for duty. |
| VI. And be it further enacted, That all liquors imported, on which there is a duty, and transported by water from one district to another, and landed or sold, without producing a proper certificate to the officer into whose district the same shall be transported, shall be liable to be seised and forfeited. And the liquors so seised and forfeited, shall be appropriated and disposed of, in such manner, as the other forfeitures mentioned in the said act, made in the fifth and sixth years of his said majesty's reign, are thereby appropriated. | Liquors seizable. |
| CHAP. VI. An Act for amendtng and further continuing an Act intituled, An Act, for laying a Duty upon Slaves. | |
| I. WHEREAS, the duty upon slaves imported, as the same is laid, by one act of assembly made in the fifth and sixth years of his majesty's reign, intituled, An Act, for laying a Duty upon Slaves, to be paid by the Buyers; which said act was continued by one other act, made in the eighth year of his majesty's reign hath been found, by experience, to be an easy expedient for raising a revenue towards the lessening of a poll tax, always grievous to the people of this colony, and is no ways burthensome to the traders in slaves. And whereas, the method of collecting the said duty upon slaves, prescribed in the said first recited act; and by one other act, made in the tenth year of his majesty's reign, intituled, An Act for laying a Duty upon Liquors imported by Land: and better securing the Duty upon Slaves; and for other purposes therein mentioned; hath proved very inconvenient, and given great opportunities for frauds: Therefore, for amending and further continuing the said first recited act: | Preamble. |
| II. Be it enacted, by the Lieutenant-Governor, Council and Burgessess, of this present General Assembly, and it is hereby enacted by the authority of the same, That every importer of slaves into this colony, either by land or water, for sale, if such importer shall sell the same himself; or if such slaves shall be consigned to any other person, than the person or persons who shall take upon him or them, the sale and disposal of such slaves, shall be, and he, and they, are hereby appointed collector and collectors of the said duty, upon the slaves so imported and sold by him, or them, respectively. And upon all other slaves, in case such importation shall be by water, that shall be imported in the same ship or vessel, belonging to the master, or other officer, commonly called privileged slaves: And every buyer or purchaser of any slave or slaves so imported, shall, upon the sale and delivery of such slave or slaves, pay down the duty, mentioned in the said first recited act, to such collector or collectors; or give his promisory note, for paiment of the same, within forty days after the time of such sale and delivery. And in case any | Seller of slaves to receive the duty. |
| slave or slaves, for which the duty shall be so paid, or secured to be paid, as aforesaid, shall happen to die, within the said forty days, and the buyer or purchaser shall make oath thereof, before some justice of the peace, it shall and may be lawful for the said collector or collectors; and he and they are hereby impowered and directed, upon producing and delivering a certificate of such oath to him or them, to refund and pay back to the buyer or purchaser, the said duty, if the same shall have been paid; or deliver up the promisory note given, for the payment thereof, as the case may be. And if any importer of slaves, or other person or persons taking upon him or them the sale and disposal of slaves, as aforesaid, shall neglect or refuse to receive the said duty; aor take notes for the paiment thereof, as herein before is mentioned; every such person and persons shall be, and is, and are hereby made chargeable with the paiment of the said duty, in the same manner, as the buyer or purchaser is made chargeable by the said first recited act, or by this act. | |
| III. Provided always, That if any importer of slaves, or other person or persons, taking upon him or them, the sale and disposal of slaves so imported, shall not be an inhabitant or inhabitants of this colony; in such case, the buyers and [or] purchasers of any slave and slaves so imported, shall pay the duty aforesaid, to the naval officer of the district where the ship or vessel, in which such slave shall be imported, shall enter, in case the same shall be imported by water: And if such slaves shall be imported by land, then to the naval officer who shall live nearest to the place where such slaves shall be sold, in the manner prescribed by the said first recited act, and the said act made in the tenth year of his majesty's reign; and such naval officer is hereby appointed collector of the said duty accordingly. | Seller, not being an inhabitant, to be paid to the naval officer. |
| IV. And be it further enacted, by the authority aforesaid, That all and every the collector and collectors of the duty aforesaid, appointed by this act, shall account for the said duties, in the same manner, as the collectors of the said duties are directed to account, by the said first recited act, and the said act, made in the tenth year of his majesty's reign; and shall have and receive the salary of six pounds in the hundred: And such collector or collectors, if he or they have had the sale and disposal of any slave or salves, shall, at the | Collectors to account, &c. |
| time of such accounting, deliver to the treasurer of the duties upon liquors and slaves, upon oath, a true manifest or account of all the slaves by him or them sold, the name and place of abode of every person buying the same, the respective prices at which each slave was sold, and how many of the said slaves; if any, remain then unsold; and also, a true account of the names of such buyers who have paid the duty, and the sums received from each person respectively, together with a list of such persons, if any whose promisory notes shall be then due and unpaid; and shall then deliver to the treasurer all such notes as shall be then due, and payable; and shall have and receivethe same salary upon such notes, as if the money was actually paid into the treasury: And in case any such note or notes shall remain unpaid and unsatisfied, after the time in which the same ought to have been paid and discharged, the person or persons signing such note or notes, shall forfeit treble the sum for which such note or notes shall be given. And the said penalty shall and may be sued for in the general court, although the same shall not amount to ten pounds sterling: and the treasurer of the said duty, for the time being, shall and may comence and prosecute any action, or information, qui tam, for recovery thereof; in which action or information, no act, or time of limitation shall be bar; and the money recovered, shall be accounted for, and paid into the treasury. | Penalty. |
| V. Provided always, That it shall and may be lawful for the treasurer to compound the said penalty, either before or after action brought. | May be compounded. |
| VI. And be it further enacted, That so much of one clause of the said first recited act of assembly, that imposes a penalty of five pounds upon every buyer of a slave who shall not pay the duty, and give an account of the slave or slaves by him purchased, to the collector of the said duty according to the directions of the said act; except as to such buyers who shall purchase any slave or slaves of any person not being an inhabitant of this colony, be, and is hereby repealed: but the same, as to such last mentioned buyers, shall be still in force: And the said first recited act of assembly, made in the fifth and sixth years of his majesty's reign, so far as the same concerns the said duty upon slaves, for so | Former acts continued. |
| much of the said acts as are not repealed or altered by this act, shall continue, and be in force, from and after the first day of July, which shall be in the year of our lord, one thousand seven hundred and forty, for and during the term of four years from thence next following, and no longer: And that so much of the said acts as are contrary to any thing contained in this act, shall be, and is hereby repealed, and made void. | ||
| CHAP. VII. | ||
| ||
| I. WHEREAS, by one act of assembly made in the fourth year of the reign of the late queen Anne, intituled, An Act, for making, clearing, and repairing the Highways; and for clearing the Rivers and Creeks; and for making more effectual provision for the keeping Mill-Dams in good repair, the surveyors of the highways are obliged, with the assistance in the said act mentioned, to maintain and keep in repair the public roads in their respective precincts, which were then, or should thereafter be laid out, pursuant to the directions of the said act; and to make bridges in all necessary places within their said precincts, at least ten foot broad, and level, and passable, and keep them in good repair, from time to time, except in such places where the county courts are obliged to direct the making thereof: And although the surveyors are enjoined to perform those services; yet no power is given them by the said act, to take wood or timber, to enable them to do the same; and divers persons have refused to suffer them to take any wood or timber from off their lands, for the uses aforesaid: | 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 passing this act, it shall and may be lawful for the surveiors of the highways, within their several precincts, from time to time, to cut | Timber to be valued. |
| and take from off the lands of any person next adjacent to the bridge or place, where the same shall be wanted, such and so much wood and timber only, as shall be necessary, for the uses aforesaid: Which timber shall be first viewed and valued by two honest housekeepers, upon oath, to be appointed and sworn, by some justice of the peace of the county where the said timber shall be cut: And that the court of the said county shall, in their next county levy, allow the owner of such timber for the same, according to such valuation, if a certificate thereof, from the said two housekeepers, shall be produced to such court. | |
| III. And whereas, it is directed by the said act, That if a bridge shall be wanting over any place, which lies between two or more counties, the court of each county shall join in the agreement, for building the same; and shall have power to lay a county levy, for the paiment thereof, proportionable to the number of tithables in each county: but there being no penalty inflicted on the said county courts, for not doing their duty therein, the said act, as to that part thereof, hath in some instances proved ineffectual: | Recital. |
| IV. Be it therfore enacted, by the authority aforesaid, That where bridges and causeways are, or shall be necessary, for the conveniency of passing from one county to another, the charge of making such bridges and causeways, so far as the same shall be wanting, shall be borne and defray'd, at the joint expence of both counties, in proportion to the number of tithables in each county, respectively: And, if the justices of any county adjoining to such place, over which a bridge and causeway shall be wanting, and necessary, or over which any bridge and causeway is already erected, shall refuse to join in an agreement with the justices of the county adjoining to the other side of such place, for the building, re-building, or repairing of any such bridge or causeway; or to levy their proportion of the charge thereof, in their county levy, according to the number of tithables in such county; the justices of such county so refusing, shall forfeit and pay two thousand pounds of tobacco to the justices of the other county, proposing to enter into such agreement: To be recovered, by action of debt, or information, in the general court; and to be by them appropriated to the use of their county, for lessening the levy thereof, by the poll. | Necessary bridges and causeways to be made between adjacent counties. |
| V. Provided always, That such recovery shall not be construed to discharge such refusing justices, nor the other justices of such county, from the obligation of levying and paying such proportion afterwards, in the levy of their county. Any law, custom, or usage, to the contrary hereof, in any wise, notwithstanding. | Penalty recovered. |
| VI. And be it further enacted, by the authority aforesaid, That where it shall be necessary and convenient to make and clear a road in one county, to some public place in another adjacent county, and a road shall be accordingly made and cleared, by order of the justices of either of the said counties, as far as the county extends; the justices of every such adjacent county shall, and are hereby required, to cause a convenient road to be made and cleared through their county, from the end of the road cleared in the said other county, to such public place, as aforesaid. And if the justices of such adjacent county shsll fail, or refuse so to do, they shall forfeit and pay to the justices of the said other county, two thousand pounds of tobacco: To be recovered and appropriated, in the same manner, as the penalty last mentioned. And for the ease and conveniency of travellers, where several roads meet, | Roads cleared towards public places. |
| VII. Be it further enacted, That the courts of the several counties within this colony, shall, before the first day of April next, direct and order the surveyors of the several roads within their county, where two or more cross roads or highways meet, forthwith to cause to be erected, in the most convenient place, where such ways join, a stone or post, with inscriptions thereon, in large letters, directing to the most noted place, to which each of the said joining roads leads: And it shall be lawful for the surveyor to take any trees or wood, not being timber, from any of the lands next adjacent to such roads, for making and setting up such post: And the expence such surveyor shall be at, in setting up such stone or post, and causing inscriptions to be made thereon, shall be re-imbursed and paid by the county at the next laying of the county levy, after the service performed. And if any surveyor shall, by the space of three months after he shall be served with the order of the said court, neglect or refuse to cause such stone or post to be fixed, as aforesaid; every sueh offender shall forfeit and pay the sum of fifteen shillings, for every month such stone or post shall be wanting: to be recovered, | Where several roads meet. |
| in the same manner, as the penalty for not keeping the roads or highways in repair. And every such surveyor shall, from time to time, as there shall be occasion, cause the inscriptions on such stone or post to be renewed, and also, cause a new stone or post to be fixed, with inscription, as aforesaid, if the same shall be wanting, under the like penalty, as for not keeping the roads or highways in good repair; and to be recovered, in the same manner. And if the justices of any county court shall neglect or refuse to direct or order the surveyors of the several counties, to erect such stone or post, as aforesaid, according to the directions of this act; such justices shall forfeit and pay the sum of two thousand pounds of tobacco: One moiety to our sovereign lord the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof; and the other moiety to him or them, that will inform, or sue for the same: To be recovered, with costs, by action of debt, or information, in the general court. | |
| VIII. And, for the more easy prosecution of owners and occupiers of mills, to which any public road leads, who shall not keep their dams in good repair, and of the breadth prescribed by law: Be it enacted, That if any such mill-dam, or the bridge, or passage of the peer-head, flood gates, or waste, over the same, shall, after the first day of May next, be of less breadth than ten feet at top, for the whole length of such dam, bridge, or passage; the owner or owners, occupier or occupiers of such mill, shall forfeit and pay twenty shillings for every offence: To be recovered, with costs, before any justice of the peace of the county, in which such mill-dam shall be; one half of the said penalty to the use of the informer; and the other half to the church-wardens of the parish, in which such mills shall be, for the use of the poor of the said parish. And every owner or occupier of such mill, shall, before the said first day of May, cause strong rails to be set up on each side of such bridge, or passage at the peer-head, flood-gates, or waste, under the like penalty | Owners and occupiers of mills. |
| IX. Provided always, That if any such mill-dam, or the flood gates, or peer-head, belonging to any such mill, shall happen to be destroied or carried away by violent rains, or other accident; the owner or owners thereof, shall not be liable to any of the penalties aforementioned, | Proviso. |
| until one month after such mill hath ground at least one bushel of corn, or other grain, for toll. | |
| X. And be it further enacted, That so much of one act of assemby, made in the first year of the reign of his late majesty king George the first, intituled, An Act, to oblige owners and occupiers of Mills, to which public Roads shall lead, to make the Dams of such Mills ten feet wide at top, as inflicts any penalty or forfeiture, for not keeping mill-dams, according to the directions of this act, be, and is hereby repealed and made void. | Penalty, 1 Geo. 1, repealed. |
| Pages 1-16
| Pages 35-54
|