Pages 141-160 
|  Pages 181-199
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| Pages 141-160
| Pages 181-199
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| CHAP. II. | ||
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| I. WHEREAS, the act of Assembly, made in the fifth and sixth years of the reign of his present majesty, intituled, an act for laying a duty upon slaves, to be paid by the buyers; which was continued, by one other act, made in the eighth year of his present majesty's reign; and was further continued and amended by one other act, made in the twelfth year of his present majesty's reign, will expire on the last day of | Preamble. |
| July, in the year of our lord one thousand seven hundred and forty-four; And the same having been found very easy to the subjects of this colony, and no ways burthensome to the traders in slaves; and, at this juncture, very necessary to be continued, in order to discharge the public debts: | |
| 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, 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; and the said act, made in the twelfth year of his said majesty's reign, for amending the same; and also one other act, made in the tenth year of his said 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slaves, and for other purposes therein mentioned, as to so much thereof as related to the duty upon slaves, and is not repealed or altered by the said other act, made in the twelfth year of his majesty's reign, shall continue, and be in force, from the said last day of July, one thousand seven hundred and forty four, for and during the term of three years, from thence next following, and no longer. | Former acts for laying a duty upon slaves, continued for three years from the last day of June, 1744. |
| CHAP. III. An act for continuing and amending the Act, intituled, An Act, for laying a duty upon liquors. | |
| I. WHEREAS, the act made in the fifth and sixth years of his present majesty's reign, intituled, an act, for laying a duty upon liquors; which was continued by one other act, made in the eighth year of his said majesty's reign; and was further continued and amended by one other act, made in the twelfth year of his said majesty's reign; will expire on the last day of July, in the year of our lord, one thousand seven hundred and forty-four; which said acts have been found by long experience, to be an easy expedient for raising money, to answer the exigencies of the government, and lessening the poll tax: | Preamble. |
| II. Be it therefore 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 the said act, made in the fifth and sixth years of his majesty's reign, intituled, an act for laying a duty on liquors; and the said act, made in the twelfth year of his said majesty's reign, for continuing and amending the same; and also one other act, made in the tenth year of his said majesty's reign, intituled, an act for laying a duty on liquors imported by land, and better securing the duty upon slaves, and for other purposes therein mentioned, as to so much thereof as relates to the said duty imported by land, shall continue, and be in force, from the said last day of July, one thousand seven hundred and forty-four, for and during the term of two years, from thence next following and no longer. | Former acts continued for two years, from the last day of July, 1744. |
| III. And be it further enacted, That during the continuance of the said acts, if the owner of any liquors, of which the duties or customs shall be paid, shall, within six months after the importation thereof into this colony and dominion, be desirous to export the same, or any part thereof; in such case, the person intending to export it, shall give a particular account of the marks, numbers, and contents of the casks or vessels containing the liquors he intends to export, to the collector of such district from whence the same is to be shipped for exportation, together with the name or names of such person or persons from whom the same was bought; and shall subscribe it also, and make oath thereto, before the said collector; at which time he shall also declare, upon oath, 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 shall also deliver to the collector aforesaid, an account in what vessel the same was entered at importation, with the oath of the person or persons by whom it was imported, that the duty or custom thereof was, at the time of entry, duly paid, or secured to be paid, according to law; And then it shall and may be lawful for the collector, where the duty or custom for the same was paid, and he is hereby required and enjoined, to allow to the said exporter, the | Owner of liquors exporting the same, within six months after the importation, to be allowed the whole duty. |
| whole duty or custom paid, or secured to be paid, for the said liquors so to be exported; any thing in any former act to the contrary, in any wise, notwithstanding. | |
| IV. And whereas it has been found, that some persons within this colony, do often export by land, liquors, on which there is allowed a draw-back, and frequently run the same back again, without making entry thereof, or paying the duties or customs imposed thereon, to the manifest prejudice of the fair trader, and the diminution of the duties: For the prevention of such practices for the future, Be it enacted, That from and after the passing of this act, no draw back shall be allowed, on any liquors exported out of this Colony, by land. | No drawback to be on liquors exported by land. |
| V. And be it further enacted, That if any person or persons shall, after the passing of this act, export liquors, on which there is a draw back, to the province of Maryland; before such person exporting the same, shall be entitled to the draw-back thereof, he shall produce to the collector of the duties, from whose district the same was exported, a certificate, under the hand of the officer of the customs, in Maryland, that the said liquors were entered and landed there. And for the preventing of frauds in the importation of money, by land. | Persons exporting liquors to Maryland, to produce a certificate, that ths liquors were entered and landed there. |
| VI. Be it further enacted, That all persons importing money, with intent to pay the duties on liquors and slaves; such person or persons, before they shall obtain a certificate thereof, besides the proof already required by law, shall make oath, that the money imported, was not carried out of this colony, with an intent to be brought back again; and that it was not exchanged in any adjacent province, for monies carried from this colony, with any view to obtain the benefit of the allowance on duties paid with imported money. | Oath to be made by importers of money, before obtaining a certificate. |
| CHAP. IV. | ||
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| I. WHEREAS, the act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, an act, for ascertaining the gauge of barrels for pork, beef, tar, and pitch, is found by experience, ineffectual, to restrain the frauds and abuses practised by the sellers of these commodities; to the manifest prejudice of the fair trader, and to the great depreciating the value of such merchandize, | 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 first day of October next, no pork or beef shall be exported out of this colony, until the same be packed in barrels, under the regulations hereafter expressed. And the justices of every county court of this dominion, shall be impowered, and they are hereby authorized and required, in the month of August, or September, annually, to nominate and appoint, in open court, one or more, not exceeding six in any one county, fit and able person or persons, residing in the same county, to inspect the package and weigh all pork and beef, packed for sale, or exportation, within their respective counties. | No pork or beef to be exported till packed
in barrels. County courts annually, to appoint persons to inspect the package, and weight all pork or beef for sale or exportation. | |
| III. And be it further enacted, That every barrel of pork, or beef, packed within this colony, for sale or exportation, or imported here, shall contain at least two hundred and twenty pounds nett, of good, clean, fat, sound, merchantable meat, well salted between each layer, well pickled, and no more than two heads of pork in one barrel: And after the same has been inspected, weighed, found merchantable, and past, by the inspector or inspectors, residing in the county where the said pork or beef is packed, every barrel shall be by him or them stamped or branded, distinguishing upon the head of every pork barrel, whether it is large | Contents of the barrels ascertained. To be stamped and certified. |
| or small pork; and a certificate of the marks and numbers of all barrels, so passed and stamped, shall be, by the inspector or inspectors, given to the owner. | |
| IV. And be it further enacted, That every person appointed as aforesaid, to inspect, weigh, and stamp pork and beef, shall, before he enters upon the execution of that office make oath, before the court of his county, "carefully to view and examine, when required, all pork and beef, packed for sale, or exportation; and to the best of his skill and judgment not to pass or stamp any barrel of pork, or beef, that is not good, clean, sound, merchantable, and of due weight, according to the directions of this act; and faithfully to discharge the duty of his office, without favour, , partiality, or other by-respect." And shall constantly attend, upon notice, at such time and place as the owner of the or beef to be inspected, shall appoint to inspect, and see packed, weigh, stamp, and certify, all pork and beef to him tendered for inspection, within his county; and shall provide a stamp or stamps, with the first letter of his county, the letter V, for Virginia, the first letter of his own christian name, and his whole surname at length, to be stamped on each barrel by him passed; for which he may demand and take six pence, for every barrel by him inspected, and no more; to be paid by the owner, before certificate given. And if any officer so appointed and sworn, shall neglect his duty, or shall stamp and certify pork, or beef, not packed, qualified, and of due weight, as this act requires, he shall forfeit and pay five shillings, for every offence, to the informer; recoverable before any justice of the peace. | Inspectors to be sworn. Their duty & allowance. Penalty for breach of duty. |
| V. And be it further enacted, That all persons intending to export pork, or beef, shall deliver the inspector's certificate of the marks and numbers of every barrel to be exported, to the master of the ship or vessel wherein the same shall be shipped; to be by him produced to the naval officer of the district where such ship rides. And every master of a vessel, wherein pork, or beef, shall be exported, shall make oath "that he will not knowingly take, or suffer to be taken on board his ship or vessel, any pork, or beef, not stamped and certified, according to this act:" Which oath, the respective naval officers of this colony, are hereby impowered and required to administer. | Masters of vessels to produce certificate to naval officer, & be sworn. |
| And if any pork, or beef, packed in barrels, for exportation not stamped, and certified, as by this act directed, or any parcels of pork, or beef, not packed in barrels, (except for necessary provisions) shall be put on board any ship or vessel, to be exported; every such barrel, or parcel of pork, or beef, may be seized by any sworn officer, and brought on shore; and shall be forfeited to the informer, recoverable before a justice of the peace. And the officer making such seizure, may demand and take the same fees as for serving execution; to be paid by the party for whom the seizure was made. And if any officer shall be sued, for any thing by him done, in pursuance of this act, he may plead the general issue, and give this act in evidence; and upon nonsuit, or a verdict for the defendant, he shall have double costs. And the master of such ship or vessel, shall forfeit and pay twenty shillings for every barrel of pork, or beef, so taken on board; recoverable before a justice of the peace, in any county in this colony, if the sum does not exceed five pounds; and if it is more, then to be recovered by action of debt, or information, in any court of record, of this dominion. | Pork or beef packed, and not stamped and certified or unpacked,
if shipped, for exportation, liable to be seized and forfeited. Penalty upon masters taking it on board. |
| VI. And be it further enacted, That all pork, and beef, exposed to sale, or barter, within this colony, in barrels, whether the same be packed here, or imported from Carolina, or any other place, shall contain at least two hundred and twenty pounds, nett meat, allowing only two and an half per cent. for shrinkage, or loss of weight, packed, stamped, and certified as this act directs. And if any person shall sell, or expose to sale, pork, or beef, in barrels of less weight, he or she shall forfeit and pay, to the informer, twenty-four shillings current money, for every such barrel sold, or exposed to sale, recoverable before a justice of the county where such offence shall be committed, although the penalty shall exceed twenty shilling sterling. And every justice of the peace, upon such complaint, and due proof thereof before him made, shall and may by virtue of this act, enter up judgment for the whole penalty, and award execution thereupon; any law to the contrary notwithstanding. Provided nevertheless, That from such judgment, for more than twenty shillings sterling, the party grieved may appeal to the next court to be held for the county wherein such complaint was made; the appellant giving bond, with sufficient | All barrels of pork or beef, for sale or barter, shall contain
220 pounds nett meat under a penalty. Penalty, how to be recovered. |
| security, before the justice entering up such judgment, that he will prosecute his appeal with effect, and pay all costs und damages awarded by the court, if the judgment be affirmed. And the justice of the peace taking such bond, shall return the same, together with the whole record of his proceedings upon the complaint before him made, to the same court to which such appeal shall be. And such court shall and may receive, hear, and finally determine the same. | |
| VII. And be it further enacted, That every seller, or exporter, of beef, or pork, packed in this colony, and stamped, shall make oath before a justice of peace, within three days before delivery of the goods sold or exported, "That the several barrels of pork, or beef, by him intended to be sold, or exported, are the same that were inspected and stamped, and do contain the full quantity, without embezzlement to his knowledge." And shall obtain a certificate of such oath by him made, to be delivered to the buyer, and, upon exportation, to the master of the vessel, and by him returned to the naval officer, together with the inspector's certificate, as herein before directed. | Seller or exporter of pork or beef to be sworn. |
| VIII. And be it further enacted, That every cooper, and every master or owner of a servant or slave, setting up barrels for pork, or beef, shall make the same with good, strong, well seasoned timber, half an inch thick at least, tight, well hooped, and containing from twenty nine to thirty one gallons each, with his name or the name of the master of such servant or slave, at length, stamped or branded, upon every barrel; under penalty of two shillings and six pence, to the informer; recoverable before a justice of peace. | Make and size of barrels ascertained. |
| IX. And whereas the penalties by the before recited act, laid upon persons setting up, selling or exposing to sale, or exporting tar, or pitch, in barrels contrary to the directions of that act, or mixed with trash, or not filled with clean tar or true made pitch, have been found excessive, and not well adapted to trade; Be it therefore enacted, That every person, setting up, or causing to be set up, barrels for tar, turpentine, or pitch, shall make, or cause the same to be made, of good, strong, well seasoned timber, tight, well hooped, and each barrel to contain thirty one gallons and a half, wine measure, at least; under penalty of two shillings and six pence per barrel; recoverable by the | Recital. The dimensions of barrels for tar, turpentine or pitch. Penalty. |
| informer before a justice of the peace. And if any person shall sell, expose to sale, or barter, or export tar, turpentine, or pitch, in barrels of less contents than by this act required; or tar, pitch, or turpentine, in any barrels mixed with trash, or not filled with clean tar, true made pitch, or good turpentine, the party so offending, shall forfeit and loose every such barrel of tar, pitch, or turpentine, found contrary to this act, to the informer; recoverable before any justice of the peace of this colony: And that so much of the aforesaid act of the fourth year of queen Anne, as relates to any matter or thing within the purview of this act, shall be, and is hereby repealed, and made void. | Barrels of tar turpentine, or pitch, of less contents or if
mixed with trash, or not filled, to be forfeited. So much of the former act as is contrary to this repealed. |
| X. And be it further enacted, That this act shall commence the first day of October next, and remain and be in force for three years; and from thence to the end of the next session of Assembly; and shall be deemed a publick act. | Commencement and continuance of this act. |
| CHAP. V. An Act, to allow persons not concerned in making tobacco, to discharge levies and officers fees in money. | |
| I. FOR the more easily paiment of all levies, secretary's, clerks, and other officers fees, by the inhabitants of this colony, who make no tobacco, 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 all and every the inhabitants of this colony, who are not employed or concerned in planting or making tobacco, shall be at liberty, at all times hereafter, to pay and discharge all levies and officers fees, wherewith they shall be chargeable, in current money, at such prices and rates for tobacco, as shall be settled by the courts of their respective counties, at the time of laying the county levy, in every year: And the justices of every county court are hereby authorized and required to settle the same accordingly. And every sheriff, or collector, exacting a greater price, shall for every such offence, forfeit and pay the sum of five pounds to the party grieved: To be recovered, with costs, | Preamble. Where tobacco dues payable in money. Penalty upon sheriff, or collector, exacting a greater price. |
| by action of debt, or information, in any court of record in this dominion. | |
| II. And for preventing disputes, what persons are meant and intended, by this act, to be allowed to pay the levies and fees aforesaid, in money; and in what proportion, the public, county, and parish creditors, shall be obliged to accept the money so to be paid, for the said levies, Be it further enacted, by the authority aforesaid, That no person or persons whatsoever, shall be allowed to pay and discharge the levies and fees, wherewith he, she, or they, is or are chargeable, in money, by virtue of this act, but such only as shall be approved of, by the county court, at the time of laying the levy in ever year, and declared, by the said court, to be within the intent and meaning of this act. And the clerk of every county court shall enter upon record, the names of the several persons so approved of, by the court and deliver a list of the names of such persons to the sheriff of his county, within twenty days after the laying of the levy; under the penalty of five pounds: To be recovered by the said sheriff, to his own use, by the action of debt, or information, in any court of record. And the said county courts respectively, shall, at the time of laying their levy, settle and apportion how much of the money so to be paid, in discharge of levies, as aforesaid, shall be paid to each public and county creditor, respectively. And the vestries of every parish shall in like manner, every year, at the laying of the parish levy, settle and apportion how much of such money shall be paid to each parish creditor, respectively. And every public, county, and parish creditor shall, and is hereby obliged, to accept and take of the sheriff, or other collector of the said levies, so much of the money as shall be so settled and apportioned, in lieu of the tobacco he might otherwise have claimed. And the several officers, to whom any fees shall be due, from the persons hereby allowed to pay the same in money, shall and they are hereby obliged, to accept and take of the sheriff, or other collector, of the said fees, the money to be paid, by virtue of this act, in full satisfaction of the same; any former law, custom, or usage, to the contrary, in any wise, notwithstanding. | No person to be allowed the liberty of this act, unless approved
of by the court. County court clerk to enter their names upon record, and deliver a list to the sheriff, under a penalty. County courts to apportion the money to be paid, among the public and county creditors. Creditors and officers obliged to accept of the money, in lieu of tobacco. |
| III. And be it further enacted, That this act shall continue, and be in force, for the term of one year, and | Continuance of this act. |
| from thence to the end of the next session of Assembly, and no longer. | ||
| CHAP. VI. | ||
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| I. WHEREAS, by an act of Assembly, made in the fourth year of the late queen Anne, intituled, an act, directing the duty of surveyors of land, and ascertaining their fees, it is, among other things, enacted that every surveior shall within six months after survey, give to his employer, a survey and plot of the said land, so by him surveied and laid out: And that no surveior, within six months after survey made, give a copy of the said survey, or plot, other than to the person that first in a lawful manner employed him to make the said survey. And whereas, for their own private profit, and to avoid the delivery of their accounts to the sheriff, to be by him collected in a legal manner, several surveiors have presumed, immediately after the time therein limited, to issue certificates of surveys by them made, to any person applying for the same, and paying down the surveiors fees; and do accordingly grant and issue such certificates; whereby many controversies, and expensive law-suits have been encouraged, to the oppression and ruin of poor families: For remedy whereof, for the future, | 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 from and after the passing of this act, no surveior shall, at any time, issue or deliver any certificate, copy, or plot, of land, by him surveied, to any other than only to the person or persons for whom the land in such certificate, copy or plot mentioned, was or shall be surveied, or to his or their order; unless such person or persons shall refuse to pay the surveior's fees, for making such survey; to be proved by the sherif's return upon the surveior's accounts delivered him to collect, certifying, that the party has no effects in his | Surveiors not to issue or deliver certificate, copy or plot of land, to any other person than the person for whom the land was surveied, or his order, unless his fees are refused to be paid, or the land is |
| Bailiwick, whereupon he can levy the same; or shall have legally forfeited his or their right to the land; to be proved by an authentic order of council, declaring such forfeiture, produced to the officer. And if any surveior shall hereafter presume to issue any certificate, copy, or plot, of any survey made within his county, to any other than the person or persons by this act entitled thereto, every surveior so offending shall be liable to the action of the party grieved, his executors or administrators, for damages, and costs: To be recovered in any court of record, within this dominion. | legally forfeited, under a penalty. | |
| CHAP. VII. | ||
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| I. WHEREAS, by one act of Assembly, made in the fifth and sixth years of his present majesty, intituled, an act, to prevent frivolous and vexatious suits, and to regulate attornies practising in the county courts, it is, among other things enacted, that no person whatsoever, shall practise as an attorney, in any county court, or other inferior court, in this colony, without a license first had and obtained from the governor and council, in manner as in the said act is mentioned. And whereas the said provision hath not been found to answer the good design and intention thereof. | 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 so much of the said recited act, as relates to the granting of licenses to, and regulating of attornies, practising in the county courts, be, and is hereby repealed and made void. | Repealing clause. |
| CHAP. VIII. An Act, for paying the Burgesses wages in money, for this present session of Assembly. | |
| I. WHEREAS, by one act of Assembly, made in the third and fourth years of his present majesty, intituled, an act, for the better regulating the paiment of the Burgesses wages, it was, amongst other things, enacted, that when any session of Assembly should be thereafter held, and, upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving, in the hands of the treasurer, over and above the said paiment, a ballance of one thousand five hundred pounds, at the least; then every burgess elected, and serving, for any county, or corporation, within this dominion, should be paid out of the said public money, the sum of ten shillings for each day he should serve in the house of Burgesses; with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. And whereas, by reason of the large sums of money given and granted to his majesty, at the two last sessions of Assembly, towards defraying the expence of victualling and transporting the soldiers raised in this colony, to serve against the Spaniards: And also, by reason of a great arrearage of the duties upon liquors and slaves, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act; but it is likely, that by receipt of the said arrearages, and otherwise, there will soon be money sufficient in the hands of the treasurer: And forasmuch, as the paiment of the Burgesses wages in money, for this present session, will be a great ease to the poorer sort of people, by lessening the levy by the poll, | Recital of the 3d and 4th George II. Causes of the defficiency in the treasury. |
| 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 Burgesses wages, for this present session of Assembly, shall be paid by the treasurer, on the thirtieth day of April next ensuing, out of the public money | Burgesses to be paid on the 30th of April next. |
| then in his hands, according to the directions and regulations, in the said recited act mentioned; any thing in the said act contained, to the contrary thereof, in any wise, notwithstanding. | |
| CHAP. IX. An Act, for appointing a Treasurer. | |
| I. WHEREAS, by one act of Assembly, made in the twelfth year of his majesty's reign, John Robinson, the younger, esquire, was appointed treasurer of the revenue, arising by two several acts of Assembly, for laying a duty upon liquors; the one made in the twelfth year of the reign of his late majesty king George the first; and the other made in the fifth and sixth years of the reign of his present majesty; and by one other act of Assembly, made in the fifth and sixth years of his present majesty's reign, for laying a duty upon slaves, to hold the said office of treasurer, so long as he should continue speaker of the house of Burgesses; and from the time of his bing out of that office, until the end of the next session of Assembly. And whereas, the first mentioned act will expire, at the end of this session of Assembly; and it being expedient that a treasurer should be appointed. | Recital. |
| 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 of this act, John Robinson, the younger, esquire, shall be, and he is hereby nominated, constituted, and appointed treasurer of the revenue arising from the duty upon liquors, and slaves, laid and imposed by the three several acts before mentioned; and also of the duty laid and imposed, by one other act of Assembly, made in the thirteenth year of his said majesty's reign, intituled, an act, for laying an additional duty upon slaves, to be paid by the buyers; for encouraging persons to enlist in his majesty's service; and for preventing desertion; to hold the said office so long as he shall continue speaker of the house of Burgesses; and from the time of his being out of that office, until the end of the next session of Assembly: And the said John Robinson is hereby authorized, | treasurer appointed. Tenure of his office. |
| impowered, and required, to demand, receive, and take, of and from the several collectors of the said duties, all and every the sum and sums of money, arising by force and virtue of the said acts, or any, or either of them; and shall apply and utter the same, to and for such uses, and upon such warrants, as by the said acts, for laying the said duties, or by any other act or acts of the General Assembly is, or shall be appointed or directed; and shall be accountable for the said money to the General Assembly. | |
| III. And be it further enacted, by the authority aforesaid, That the salary of four pounds in the hundred, and so proportionably for a greater or lesser sum, shall be allowed and paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received, and accounted for, to the General Assembly, as aforesaid: And that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of fifty pounds per annum, for his trouble and service therein. Provided always, That the said treasurer, before he enters upon his office, shall give such sufficient security as shall be approved by the governor, or commander in chief, of this colony, in the sum of ten thousand pounds, for the due answering and paying all the money by him, from time to time, to be received as aforesaid. And to the end, a treasurer may not be wanting, in case of the death, resignation, or disability of the treasurer hereby appointed. | His salary. Security to be given. |
| IV. Be it further enacted, That in either of these cases, it shall be lawful for the governor, or commander in chief, of this colony, with the advice of the council, for the time being, to appoint some other fit and able person, to be treasurer of the duties, to hold the said office, with all powers, authorities, salaries, and profits aforesaid, until the end of the next session of Assembly. | In case of his death, &c. Governor may appoint another. |
| CHAP. X. | ||
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| I. WHEREAS, the expence of building bridges over little rivers and creeks, and making causeways in the counties, if levied at several times on the tithables, would scarcely be felt; but is generally too burthensome to be paid at once: And it being a doubt, whether the justices have power to make an annual charge thereof in their levy, several little ferries have been appointed by them, at places where bridges might be built, much more for the convenience of travellers. | 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 justices of every county court in this colony, be, and are hereby authorized and impowered, to contract and agree for the building of bridges, making causeways, and other necessary charges, in such manner as to them shall seem most proper; and to levy the expence thereof, at such times, and in such proportions, as they shall think most for the ease and benefit of the people: And all and every contracts, agreements, and orders, by them made, from time to time, concerning the same, shall be good, binding, and available, against themselves, and their successors, and all other persons whatsoever. | Justices of the county courts may agree for necessary county charges, and levy the expence thereof, as they shall think fit; and such contracts shall be binding and conclusive. | |
| CHAP. XI. | ||
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| I. WHEREAS, it will be necessary for the inspectors of tobacco, to attend at the warehouses, this year, longer than they are now obliged by law, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, | Preamble. |
| and it is hereby enacted, by the authority of the same, That every inspector of tobacco, shall constantly attend at some, or one of the warehouses under his charge, until the last day of August, in this present year, to receive and inspect tobacco, (except Sundays, or when hindred by sickness:) And no tobacco shall be received from that time, to the tenth day of November next following. | Inspectors to attend 'til the last day of August in this present year. | |
| CHAP. XII. | ||
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| I. WHEREAS, divers vagrant people travel through this colony from the northern provinces to the southern, peddling, and selling horses and either buy, or steal, great numbers of nett cattle, which, in their return back they drive through the frontier counties, and often take away with them the cattle of the inhabitants of the said counties, under pretence that they cannot separate them from their own droves; and to the great damage of the said inhabitants: For prevention 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 from and after the first day of December, now next ensuing, every driver of all nett cattle, shall immediately after their coming into this colony, go before the next justice of the county, and produce to him a true and perfect manifest, certified under the hand of a magistrate in the province from whence they last came, wherein shall be distinguished, the, sexes, ages, marks, and colours, of all and every such cattle; and shall also at the same time produce bills of sales for them, and particularize the place of abode, and name of the seller; and make oath that he knows of no more cattle in his drove, than what are mentioned in the manifest and bills of sale. Which oath, the justice shall administer, and certify on the manifest, and shall enter in a book, by him to be kept for that purpose, a copy of the said manifest and certificate. And if any nett | Drivers of nett cattle into this colony, to produce manifest and
bills of sale, and to make oath before the next justice of the peace. Justice to enter the manifest in a book, |
| cattle shall be bought in this colony, in order to be driven into any neighbouring provinces, the driver shall produce his bill of sale to the next justice of the county where they shall be bought; and shall make oath, that the said bill is true, and that he knows of no more cattle in his drove, than what are mentioned in the said bill and manifest in case there be any. Which the justice shall enter and certify, in manner aforesaid; and shall also add a description of the cattle so bought, to the manifest, if any. And the like method shall be used by the drivers, and justices, in all the other counties in this colony through which they shall pass, upon their arrival therein. And if any driver shall fail therein, he, she, or they, shall forfeit and loose his, her, or their whole drove of cattle. And any justice of the peace, upon complain thereof made to him, is hereby impowered to issue his warrant to the sheriff, or any constable of his county, forthwith to raise sufficient force and to seise the cattle, and to cause the driver or drivers to come before him, or any other justice of the county, who shall be impowered to hear the matter, and give a final judgment therein; and to order the cattle, if he shall judge them forfeited, to be sold by the sheriff; in the same manner as goods taken in execution; and the sheriff shall be allowed the same fee for the service; and shall be also allowed for keeping and providing for the said cattle, until they are sold, after the rate of two pence per head, for every twenty-four hours, out of the money arising from the sale. −−− But in case any person or persons, other than the driver or drivers so convicted, or their employers, shall appear before the justice before whom the judgment was obtained, before the cattle are sold, and shall make his, her, or their property in any of them appear, the sheriff shall, by order of such justice, restore the same to such owner or owners, upon paiment of the charge of their keeping: Or if any owner or owners shall, within three months after the sale, make their property appear, as aforesaid, the sheriff shall pay him, her, or them, by order of the justice, for their cattle, according to the sale, after deducting a proportionable part of the charges: And at the expiration of the said three months, the money arising from the sale, shall be appropriated, one moiety to the churchwardens of the | to be kept for that purpose. Cattle bought in this colony, to be added to the manifest. Like method to be used in every county. Penalty. And how to be recovered. Proviso. Forfeiture appropriated. |
| parish where the driver shall be convicted, for the use of the parish; and the other moiety to him, her, or them, who did inform or prosecute, and shall be paid them, by the sheriff, accordingly: And the sheriff shall return an account of the sales, to the clerk's office, to be lodged amongst the records of the county. | |
| III. Provided always, That nothing herein contained, shall be construed to extend to any of the inhabitants of this colony, who shall buy any nett cattle, and be driving them home; or to any persons coming with their families and stocks, to settle in this colony. | Proviso. |
| IV. And whereas, the importation of horses, is of no advantage to this colony, the stock of them being already sufficient for the inhabitants, and the importers commonly vagrant people, who drain great sums of money out of this government, and pay nothing towards the support thereof, | Preamble. |
| V. Be it further enacted, by the authority aforesaid, That from and after the first day of December, there shall be levied, and paid to our sovereign lord the king, his heirs and successors, for all horses, mares, and colts, imported or brought into this colony, for sale, either by land or water, from any place or port whatsoever, in America, by the owner or importer thereof, after the rate of ten pounds for every such horse, mare, or colt; to be appropriated to such uses, as the General Assembly, shall from time to time, direct. | Duty of 10l. laid upon every horse, mare or colt, imported. |
| VI. 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 and may appoint such and so many collectors of the duty imposed by this act, as he shall think fit; which collectors shall reside near the frontiers of this colony; and shall be allowed a salary of six in the hundred, for receiving the said duty; and shall account for the same to the treasurer of this colony, for the time being, in such manner, and under such penalty, as the collectors of the duty upon liquors are obliged to account. | Collectors, by whom to be appointed, and to whom accountable. |
| VII. And be it further enacted, That the importer of every horse, mare, or colt, liable to pay duty, by virtue of this act, brining any such horse, mare, or colt, into any place or port within this colony, shall, within six days next after his arrival, and before he offers the same to sale, make a true and just entry, upon oath, with the next collector of the duty, of the | Entry to be made with the collector within six days afler importation, & before sale; & duty to be |
| size, sex, colour, mark or brand, of every such horse, mare or colt; and also of the name and place of abode of the owner, and last owner thereof; and shall, at the same time, pay down the duty, or give bond to the said collector, with one securty at the least, who shall be known and responsible inhabitant or inhabitants of this colony, for the paiment of the said duty, within three months: And the importer failing to make such entry, pay down the duty, or give security as aforesaid, or making a false entry, shall forfeit and pay one hundred pounds: And every horse, mare or colt, by him imported, shall, and may be seized by any magistrate, or officer whatsoever; and shall be forfeited and sold. And if any collector or collectors of the duty imposed by this act, or any other person or persons deputed and appointed, by or under them, or any of them, or any other authority whatsoever; shall, directly, or indirectly, take or receive any bribe, recompence, and reward, in any kind whatsoever, or shall connive at any false entry of any horses, mares, or colts, liable to a duty or custom by virtue of this act, by means whereof the duties or customs shall be defrauded, the person or person therein offending, shall forfeit and pay the sum of one hundred pounds, and be forever afterwards disabled in his said office, and rendered incapable of holding any office or employment 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. | then paid, or secured. Forfeiture. Penalty upon collectors taking a bribe, and the person giving it. |
| VIII. Provided always, and be it further enacted, That if the importer of any horses, mares, or colts, of which the duty according to this act shall be paid, or secured to be paid, shall within three months after the importation thereof, into this colony, be willing to export the same, he shall make oath before the collector, with whom at their importation they were entered, "That the horses, mares, or colts, to be exported, are the same that were entered; and that he hath not sold or swapped them, since their entry; and the said horses, mares, or colts, shall be exported out of this colony within three days, and shall not be sold or swapped therein:" And then it shall be lawful for the said collector, and he is hereby required and enjoined, to allow the said importer the whole duty or custom paid for the said horses, mares, or | Drawback upon horses exported within three months. |
| colts, so to be exported; any thing in this act contained to the contrary, in any wise, notwithstanding. And every person making a false oath in this respect, shall be liable to and suffer the penalties inflicted by law for wilful and corrupt perjury: And moreover, such horses, mares, or colts, so to be exported, shall be forfeited, and sold. | |
| IX. And be it further enacted, by the authority aforesaid, That every collector, upon receipt of the duty by this act imposed, or taking bond for the same, is hereby enjoined and required, to give a receipt under his hand, for the money by him received, or bond taken, expressing the number of horses for which the same was paid, or bond taken, and the time of paiment or taking thereof, with a description of such horses, to the person paying or giving the same. And every importer, liable to the paiment of the duty by virtue of this act, shall, if thereunto required by any officer or magistrate in this colony, at any time after the expiration of three days from the time of such importation, produce and shew to the said officer or magistrate such receipt; and if importer 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 such importer, and horses, shall be liable to the forfeitures and penalties by this act inflicted, for not making an entry. | Collector to give receipt for the duty which the importer shall produce when required, under a penalty. |
| X. Provided always, That nothing in this act contained, shall extend, or be construed to extend, to any traveller, who shall bring with him into this colony, only such horses as are necessary for his journey; and shall not sell or swap the same in the colony; or to any person or persons, who shall be actually moving their families and effects into this colony, to reside therein. | This act not to extend to travellers, or persons coming to reside in the colony. |
| XI. And be it further enacted, That the several forfeitures, which shall or may arise by virtue of this act, in respect of the duty on horses, shall be divided into two equal parts; one moiety thereof 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; and the other moiety to him or them that will inform, and prosecute for the same: To be recovered, with costs, by action of debt, or information, in any court of record within this colony; | Forfeitures appropriated. |
| wherein no essoin, protection, or wager of law, or more than one imparlance, shall be allowed. | |
| XII. And be it further enacted, That this act shall continue and be in force, from the time of the commencement thereof, 'til the end of the next session of Assembly; and no longer. | Continuance of the act. |
| Pages 141-160
| Pages 181-199
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