Pages 200-219 
|  Pages 237-256
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| Pages 200-219
| Pages 237-256
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| AT A General Assembly, SUMMONED TO BE HELD AT |
Wm. Gooch, esq. Governor. |
 CHAP. I. An Act, for the relief of certain Creditors. | |
| I. WHEREAS great difficulties have arisen, in the recovery of debts due to the inhabitants of this colony, from persons residing in other parts of his majesty's dominions, or who have removed themselves into foreign parts, having effects here sufficient for the satisfying and paying such debts; for remedy whereof, | Preamble. |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if [in] any suit which hath been, or hereafter shall be commenced, for relief in equity, in the general court of this colony, and defendant or defendants, against whom any subpoena or other process shall issue, shall not cause his, her or their appearance to be entered upon such process, within such time, and in such manner as, according to the rules of the court, the same ought to have been entered, in case such process had been duly served, and an affidavit or affidavits shall be made, to the satisfaction of such court, that | Foreign attachments. Absent defendants, how proceeded against in chancery. |
| such defendant or defendants is or are beyond the seas, or that upon enqiry at his, her, or their usual place of abode, he, she, or they could not be found, so as to be served with such process; then, and in such cases, the said court may not only make any order or orders to restrain and injoin any person or persons in this colony, having any effects belonging to the defendant or defendants in their hands, or in any other manner, debtors to the defendant or defendants, from paying, conveying away, or secreting such debts or effects, until the further order or decree of the said court; but also may, (if to the said court it shall seem necessary) order such effects to be delivered to the plaintiff or plaintifs, subject to the future order and decree of the said court, upon such plaintiff or plaintifs giving such security as to the said court shall seem proper, for the return of the said effects, in such manner, and to such persons as the said court shall adjudge: And the said court also shall and make an order, directing and appointing such defendant or defendants to appear, at a certain day therein to be named, of the next succeeding court: and a copy of such order shall, within fifteen days after such order made, be inserted in the Virginia Gazette, for two months successively, and published on some Lord's day, immediately after divine service, in such parish church or churches as the said court shall appoint and direct; and also in every case a copy of such order shall, within the time aforesaid, be posted up at the front door of the Capitol, in the city of Williamsburg: And if the defendant or defendants do not appear within the time limited by such order, or within such further time as the court shall appoint, then on proof made of such publication of such order as aforesaid, the court, being satisfied of the truth thereof, may order the facts of the plaintifs bill to be taken pro confesso. But if the matter or cause of such suit or suits, be for the adjustment and settlement of any account or accounts, and for satisfaction of what ballances may appear due thereon, then, and in such cases, the court may, either by assigning and appointment of auditors; or in any other manner, proceed to the stating and settlement of such account or accounts, and make such order and decree thereupon, as shall be thought just; and may thereupon issue process to compel the performance of such decree, either by immediate |
| sequestration of the real and personal estate and effects of the defendant or defendants, (if any such can be found) or such part thereof as may be sufficient to satisfy the demands of the plaintiff or plaintiffs in the said suit, or by causing possession of the estate or effects, demanded by the bill to be delivered to the plaintiff or plaintiffs, or by continuing the effects, (if any) so ordered to be delivered on the return of the subpoena as aforesaid, or such part thereof as may be sufficient to satisfy the plaintiff or plaintiffs demands and costs of suit, in the hands of the plaintiff or plaintiffs; or give such further relief or remedy as the nature of the case shall require: And the said court may likewise order such plaintiff or plaintiffs to be paid and satisfied his her or their demands, out of the estate or effects so sequestred, according to the true intent and meaning of such decree, such plaintiff or plaintiffs first giving sufficient security in such sum as the court shall think proper to abide such order touching the restitution of such estate or effects, as the court shall think proper to make concerning the same, upon the defendant or defendants appearance to defend such suit, and paying such costs to the plaintiff or plaintiffs, as the court shall order: But in case such plaintiff or plaintiffs shall refuse or neglect to give such security as aforesaid, then the said court shall order the estate or effects so sequestred, or whereof possession shall be decreed to be delivered, to remain under the direction of the court, either by appointing a receiver thereof, or otherwise, as to such court shall seem meet, until the appearance of the defendant or defendants to defend such suit, and his, her, or their paying such costs, to the plaintiff or plaintiffs, as the said court shall think reasonable, or until such order shall be made therein as the court shall think just. | |
| III. And it is hereby further enacted, by the authority aforesaid, That from and after the passing of this act, if any defendant or defendants, by virtue of any writ of habeas corpus, or other process issuing out of the said court, shall be brought into court, and shall refuse or neglect to enter his, her or their appearance, according to the rules and method required by the said court, or to appoint an attorney of such court, to act on his, her, or their behalf, respectively, such court may appoint an attorney of such court, to enter an appearance | Defendants refusing to enter appearance. |
| for such defendant or defendants, respectively; and such proceedings may thereupon be had in the cause, as if the party had actually appeared. | |
| IV. Provided always, That if the person, against whom any decree shall be made, upon refusal or neglect to enter his, her, or their appearance, or appoint an attorney to act on his, her, or their behalf, shall be in custody, or forth coming, so that he, she or they may be served with a copy of such decree: then he, she or they, shall be served with a copy thereof, before any process shall be taken out to compel the performance thereof. | If in custody. |
| V. Provided also, That if any decree shall be made, in pursuance of this act, against any person or persons, being out of this colony, or absconding as aforesaid, at the time such decree is pronounced, and such person or persons, shall, within seven years after the making such decree, return, or become publickly visible; then, and in such case he, she or they, shall likewise be served with a copy of such decree, within a reasonable time after his, her or their return, or publick appearance, shall be known to the plaintiff or plaintiffs: And in case any defendant, against whom such decree shall be made, shall, within seven years after the making such decree, happen to die before his, or her return into this colony, or appearing openly, as aforesaid, or shall, within the time last before mentioned, die in custody, before his or her being served with a copy of such decree, then his or her heir, if such defendant shall have any real estate sequestred, or whereof possession shall have been delivered to the plaintiff or plaintiffs, and such heir may be found, or if such heir shall be a feme covert, infant, or non compos mentis, the husband, guardian, or committee of such heir, respectively; or if the personal estate of such defendant be sequestred, or possession thereof delivered to the plaintiff or plaintiffs, then his or her executor, or administrator, (if any such there be) may and shall be served with a copy of such decree, within a reasonable time after it shall be known to the plaintiff or plaintiffs, that the defendant is dead, and who is his or her heir, executor or administrator, or where he, she or they, respectively, may be served therewith. | Absent defendants may shew cause, within 7 years. |
| VI. Provided always, That if any person or persons, so served with a copy of such decree, shall not, within | When decree final. |
| twelve months after such service, appear, and petition to have the said cause re-heard, such decree, so made as aforesaid, shall stand absolutely confirmed against the person and persons so served with a copy thereof, his, her and their respective heirs, executors and administrators, and all persons claiming by, from, or under, him, her, them, or any of them, by virtue of any act, done or to be done, subsequent to the commencement of such suit. | |
| VII. Provided nevertheless, That if any person so served with a copy of such decree, shall, within twelve months after such service; or if any person, not being so served, shall, within seven years next after the making such decree, appear in court, and petition to be heard, with respect to the matter of such decree, and shall pay down or give security for payment of such costs, as the court shall think reasonable, in that hehalf; the person or persons so petitioning, his, her or their respective representatives, or any person or persons, claiming under him, her or them respectively, by virtue of any act done before the commencement of the suit, may be admitted to answer the bill exhibited, and issue may be joined, and witnesses on both sides examined; and such other proceedings, decree, and execution, may be had thereon, as there might have been, in case the said party had originally appeared, and the proceedings had then been newly begun, or as if no former decree or proceedings had been in the same cause. | How defendants permitted to answer. |
| VIII. Provided nevertheless, and be it enacted, by the authority aforesaid, That if any person or persons, against whom such decree shall be made, his, her, or their heirs, executors or administrators, shall not, within seven years next after the making of such decree, appear and petition to have the cause re-heard, and pay down, or give security for payment of such costs, as the court shall think reasonable in that behalf, such decree made, as aforesaid, shall stand absolutely confirmed against the person and persons against whom such decree shall be made, his, her and their heirs, executors and administrators, and against all persons claiming or to claim, by, from or under him, her, them or any of them, by virtue of any act, done or to be done, subsequent to the commencement of such suit: And at the end of such seven years it | When barred. |
| shall and may be lawful, for the court to make such further order, as shall be just and reasonable, according to the circumstances of the cause. | ||
| CHAP. II. | ||
| ||
| I. WHEREAS the act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, an act, for the effectual suppression of vice, and restraint and punishment of wicked, blasphemous, and dissolute persons, hath been found insufficient to restrain and discourage wickedness and vice; and different opinions have also prevailed, touching the meaning thereof: Therefore for the better explaining and amending the same, | 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, if any person or persons shall profanely curse or swear, he, she or they so offending, being thereof convicted, in the manner as in the said recited act is directed, shall, for every respective oath or curse, by him or her so sworn and uttered, forfeit and pay the sum of five shillings, or fifty pounds of tobacco: And if any person or persons so convicted, shall refuse to make present paiment of such forfeiture or forfeitures, or give sufficient security for the payment thereof, at the laying of the next parish levy, after such conviction, that then the same shall be levied on the goods and chattels of such offender or offenders, by execution, under the hand of the justice of the peace, before whom such conviction shall be directed, to the sheriff or constable, to be executed in like manner as other executions and distresses are levied; And if no goods and chattels of such offender or offenders can be found, whereon to levy the said sum or sums, then he, she, or they, shall have and | Profane swearing, penalty for. How enforced. |
| receive ten lashes upon his, her, or their bare back, well laid on, for every such forfeiture. | |
| III. Provided always, That no justice of the peace shall give judgment for more than four oaths or curses, sworn or uttered at any one time, or issue execution against any offender, for more than twenty shillings or two hundred pounds of tobacco, upon any one conviction; and also that no offender or offenders shall receive more than twenty lashes, upon such conviction. | Limitation. |
| IV. And be it further enacted, That when any person shall hereafter be presented by the grand jury, or prosecuted by the church wardens, or otherwise, for wilfully absenting him, or herself from divine service, at his or her parish church or chappel, the space of one month, if such person shall make it appear, by the oath of one or more credible witnesses, that he or she so presented or prosecuted, hath been at divine service at any other church or chappel than his or her own parish church or chappel, within the space for which he or she shall be so presented, for being absent; that then such presentment or prosecution shall be dismissed, and the party prosecuted discharged from the forfeiture in the said act mentioned. And forasmuch as many doubts have arisen touching the offences and matters to be presented by grand juries, for settling whereof for the future, | Not attending church, excuse for. |
| V. Be it further enacted, by the authority aforesaid, That the grand juries hereafter shall, and they are hereby required to make presentment of all such offences and breaches of penal laws only, as shall be committed with the space of twelve months before the time of such presentment, unless the same be otherwise directed by law, and no longer. | Limitation of presentments. |
| VI. And be it further enacted, That so much of the said recited act of Assembly, as relates to any matter or thing within the purview of this act, shall be, and the same is hereby repealed and made void. |
| CHAP. III. An Act, to settle the distribution of the salary, allowed by his majesty, to the council of this colony. | |
| I. WHEREAS his majesty hath been graciously pleased to grant unto the members of his council of this colony, the yearly sum of six hundred pounds sterling, out of his revenues, as a salary or reward for their services; and whereas, by the Act of Assembly, made in the fourth year of the reign of the late queen Anne, for establishing the general court, and for regulating and settling the proceedings therein, the said court is established, and declared t consist of the governor, and the council aforesaid; and the said judges are directed, at the time of entring into office, to take an oath, therein particularly set forth, under a penalty, in which oath, among other things, they swear, "that they shall not take any fees or other gratuity, of any person, great or small, except such salary as shall be by law appointed." And whereas a doubt has lately arisen, whether the members of the said council, as judges of the general court, can, with safety, take or receive the said salary, and proportion the same, according to their attendance in the said general court, as has been long practised, and always thought very reasonable and proper: Therefore, for obviating all scruples touching this matter, | 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 true intent and meaning of the said recited words in the oath aforesaid, is, and it is hereby declared to be as it has always been understood, only to restrain the said judges, or any of them, from receiving or taking any gift or gratuity, from any person or persons whatsoever, towards the delay or obstruction of justice; and not to debar or restrain them from receiving and taking to their own benefit, the said six hundred pounds sterling, or any part thereof, in the capacity of judges of the general court, or any sum or sums of money, or other salary or salaries whatsoever, which the king's majesty, his heirs and successors, shall think fit and reasonable, from time to time, to allot and allow them, for such their service, or from making | Members of general court, being councillors, may take the salary, without violation of their oath as judges. |
| such distribution of their salary or allowance, as to the members of the said council shall seem reasonable and proper; but it is hereby declared lawful for them to accept and receive such salaries and allowances from time to time, in the same manner as if given and granted by act or acts of parliament, or of the General Assembly of this colony. | ||
| CHAP. IV. | ||
| ||
| I. WHEREAS the act, made in the first year of his majesty's reign, intituled, an act, for making more effectual provision against invasions and insurrections, was continued and amended, by an act, made in the thirteenth year of his majesty's reign, which last mentioned act will expire on the twenty first day of December, one thousand seven hundred and forty-four; and it being expedient that both the said acts should be further continued, | 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 both the above mentioned acts shall continue and be in force, from the aforesaid twenty first day of December, for and during the term of four years. | Continuation of former laws. |
| CHAP. V. | ||
| ||
| I WHEREAS the act of Assembly, made in the first year of his present majesty's reign, intituled, an act, for preventing excessive and deceitful gaming; and also another act, passed in the thirteenth year of the reign of his said majesty, intituled, an act, to prevent the recovery of money, or other valuable things, won at wagers; and for the more effectual restraint of gaming at ordinaries, have been found insufficient; therefore, | Preamble. | |
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any person or persons whatsoever, shall, at any time hereafter, within the space of twenty four hours, by playing at any game or games whatsoever; (the games at billiards, back gammon, and bowles excepted) or by betting on the sides or hands of such as do play at any game or games, except as is before excepted, lose to any one or more person or persons, so playing or betting, in the whole, the sum or value of forty shillings, and shall pay and deliver the same, or any part thereof; the person or persons so losing and paying and delivering the same, shall be at liberty, within three months then next following, to sue for, and recover the money or goods, so lost and paid or delivered, or any part thereof, from the respective winner and winners thereof, with costs of suit, in such manner as in the first recited act is mentioned and directed: And in case the person or persons, who shall lose such money or other thing as aforesaid, shall not, within the time aforesaid, really and bona fide, and without collusion, sue, and with effect, prosecute for the money or other thing, so by him or them lost and paid as aforesaid, it shall and may be lawful to and for any person or persons, to sue for and recover the same, with costs of suit, against such winner or winners, as aforesaid; | Losers at gaming, how to recover back. When others may sue. |
| and the money or other thing so recovered, to be applied as in and by the said act is also directed. | |
| III. And be it further enacted, That if any person or persons shall, at any time hereafter, play in an ordinary, race field, or any other publick place, at any game or games whatsoever, except as before excepted; or bet on the sides or hands of such as do game; such person or persons, and every or either of them, shall, upon being convicted thereof before a justice of the peace, in any county within this colony & dominion, upon the oath of one or more credible witness or witnesses, (which said oath the said justice is hereby impowered to administer) or upon the view of such justice, or on the confession of the party or parties accused, forfeit and pay the sum of five pounds: To be levied by distress and sale of the offenders goods, by warrant under the hand of the said justice; and moreover shall be committed to the common goal, there to remain, until he, she, or they find good and sufficient security for his, her, or their good behaviour, for the space of twelve months. | Gaming at ordinaries, &c. |
| IV. And be it further enacted, by the authority aforesaid, That if any ordinary keeper shall suffer or permit any person or persons whatsoever, to play at any unlawful game or games whatsoever, in his house, shed, booth, arbour, or stall, either by night or day, every such ordinary keeper shall, upon conviction thereof, forfeit and pay the sum of five pounds. And if any justice or justices of the peace shall hereafter be present, when any person or persons play at any of the games aforementioned, at any time or place whatsoever, except in private houses, and neglect to issue his warrant for levying the fine on the person or persons so gaming or betting, contrary to the directions of this act; such justice, or justices, and every of them, upon conviction thereof, in manner aforesaid, shall forfeit and pay the sum of five pounds. | Penalty on ordinary keepers. |
| V. Provided always, and it is hereby enacted and declared, That if any person or persons shall think him, her, or themselves aggrieved, by the judgment or determination of any justice of the peace, upon any conviction of, or for any of the offences in this act, such person or persons may appeal from the said judgment of the said justice, to the next court, to be held for the said county where such person or persons was or were | Appeal. |
| convicted; but the person and persons so appealing, shall, and he, she, and they are hereby directed to give reasonable notice to the prosecutor or prosecutors of such person or persons as shall so appeal, of such his, her, or their intention of bringing and prosecuting such appeal; and shall enter into a recognizance before some justice of the peace for the county wherein such judgment was given, with two sufficient securities, on condition, to try such appeal at the next court to be held in the same county, next and immediately after the bringing such appeal: And every such appeal and appeals shall, by the said court, be then examined, and the matter heard and finally determined. | |
| VI. Provided always, That no such conviction made or judgment given, as aforesaid, by this act, shall be set aside for want of form, in case the facts alledged in the said conviction, shall be proved, to the satisfaction of the said court; nor shall such conviction or judgment be removed, or removeable by appeal, certiorari, or any other writ or process whatsoever, into the general court of this colony. | Want of form, no bar. |
| VII. And be it further enacted, by the authority aforesaid, That all and every of the fines imposed by virtue of this act, shall be to the use of the poor of the parish, wherein the offence or offences shall be respectively committed. | Appropriation of fines. |
| VIII. And be it further enacted, That the said in part recited acts, so far as relates to any matter or thing within the purview of this act, is, and are hereby repealed and made void, to all intents and purposes, as if the same had never been made. | Repealing clause. |
| CHAP. VI. An Act, to amend the law for proving Wills in the General Court, and County Courts. | |
| I. WHEREAS, the proof of wills in the general court, or county courts of this colony, where lands are devised away from the heir or heirs at law of the decedent, is attended with inconveniences to the executors, and losses in the personal estate: For remedy whereof, | Preamble. |
| II. Be it enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, when any wills are exhibited to be proved in the general court, or any county court of this dominion, it shall and may be lawful to and for the said courts, to proceed immediately to receive the proof of such wills; and to appoint appraisers to value the slaves and personal estate of such testator. | Wills may be proved as soon as exhibited. | |
| III. Provided always, That where the lands of such testator, or any part thereof, shall, by such wills, be devised away from the heir or heirs at law, such proof, as to him, her, or them, shall not be binding; but such heir or heirs shall be summoned, in the manner directed by law, and shall and may be at liberty to contest the validity of such will, in the same manner as if this act had never been made. | Not to affect heir at law. | |
| CHAP. VII. | ||
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| I. WHEREAS the act of Assembly, made in the fifteenth year of his present majesty, intituled, an act, for reducing the laws made for amending the staple of tobacco; and for preventing frauds in his majesty's customs, into one act of Assembly, h been found, in a great measure, to answer the good end and design thereof; yet, for the rendering the same more convenient and effectual, | 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 ninth day of November next, the public warehouse on the lower side of Occoquan, in the county of Prince William, be, and is hereby repealed, and shall no longer be accounted a public warehouse, for the inspection of tobacco; and that instead of the said warehouse on Occoquan, a public warehouse shall be established on Pohick, on the land of | Occoquan warehouse discontinued. Pohick warehouse established. |
| Dennis M'Carty, deceased, where the warehouses formerly were to be, under the same inspection as the warehouse on the upper side of Occoquan. And that a public warehouse be erected at Waller's ferry, in King William county, opposite to the warehouse at Walkerton. And that the warehouses at Bolling's point, in Price George county, and at Colonel John Bolling's in Henrico county, now under one inspection, be disjoined and made two inspections: And the warehouses at Mantipike, and Walkerton, in King and Queen county, be disjoined, and that at Walkerton to be under the same inspection with that at Waller's ferry, in King William county: And the warehouses at Maycox, and Jordan's, in Prince George county, now under one inspection, be disjoined, and made two inspections. | Waller's. Warehouses disjoined. | |||||||||||||||||||||||
| III. And be it further enacted, by the authority aforesaid, That so much of the said act as settles the rent of John Bolling's warehouse, be, and is hereby repealed; and that from and after the passing of this act, there shall be paid and allowed for the rent of the said warehouse, eight pence for every hogshead of tobacco that shall be received, inspected, and delivered out. | Rents altered. | |||||||||||||||||||||||
| IV. And for the better and more equal settlement of the salaries of the several inspectors, at the warehouses hereafter mentioned, Be it further enacted, that the same be established, for each inspector, according to the following rates: | Inspectors salaries. | |||||||||||||||||||||||
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| V. And be it further enacted, That the notes of the several warehouses hereafter mentioned, shall pass in paiment of all levies, quit-rents, and officers fees, paiable | Currency of certain notes. |
| in the counties following: that is to say, the notes at Warwick, Shoccoe's, Bolling's Point, and John Bolling's, shall pass in the county of Amelia; and the notes of Acquia, in Prince William County; and the notes of Shoccoe's, Warwick, Page's, and Merriwether's, in the county of Albemarle; and the notes of Royston's, Page's, and Meriwether's, in the county of Louisa. | |
| VI. And be it further enacted, That out of every hundred pounds of tobacco, due in the county of Albemarle, for quit-rents, secretary's, clerks, sherifs, surveyors, and other officers fees, and so proportionably, for a greater or lesser quantity, there shall be made an abatement to the payer, of thirty per cent. for every hundred so due from him. | Abatement in Albemarle. |
| VII. And whereas it is, by the said act, provided, that where any warehouses have been or shall be built, by the justices or other person, as aforesaid, and the first proprietor of the land shall desire to have the same again; such proprietor, upon paiment of so much money as shall be sufficient, to reimburse the said justices or other person the principal money expended on the building such warehouses, with lawful interest, shall be restored to his former estate, in the land whereupon such warehouses are built; and shall receive the rents afterwards growing due, for such warehouses: And whereas it is doubted whether the justices are, by the said act, obliged to account with the proprietors for the rent of such warehouses, | |
| VIII. Be it enacted, by the authority aforesaid, That the said justices shall account with such proprietor, for the money by them received for the rent of such warehouse; and that the proprietor, upon reimbursing the said justices the principal money expended, in the building and repairing such warehouses and wharfs, with lawful interest, deducting the rents by the said justices received, shall be restored to his former estate, in the land whereon such warehouses are built. | Proprietors how restored to warehouses. |
| IX. Provided always, That if any proprietor, so as aforesaid restored to his estate, shall neglect or refuse to repair and build such houses and wharfs, as the court shall think necessary, the justices shall be again seised in the fee simple estate of such land, during the time such place shall be made use of for a public warehouse; | Failing to build. |
| and such proprietor shall not have any benefit of the rents that shall thereafter become due. | |
| X. And whereas it is also, by the said act, provided, that no tobacco, on any pretence whatsoever, shall be carried or transported by water, to be inspected, out of the district limited and appointed for the several naval officers of this colony, wherein the same is or shall be made, or being so carried, shall not be inspected or passed by any inspectors, knowing the same to be made out of such district, upon pain of forfeiting, by the owner of such tobacco, and the inspector who shall pass the same, twenty shillings for every hogshead, to the informer: And whereas the penalty by the said act inflicted, is judged insufficient effectually to prevent that evil, and as the law now stands, it is difficult to convict the offenders; | |
| XI. Be it therefore enacted, by the authority aforesaid, That over and above the penalty by the said act inflicted, the tobacco so brought to any warehouse shall be forfeited; one moiety of which forfeiture shall be to the informer, and the other moiety to the use of the College of William and Mary: And upon any information brought against any person or persons for the said offence, the onus probandi shall lie upon the person claiming the property of the said tobacco, or bringing the same to the warehouse to be inspected. | Carrying uninspected tobacco from one district to another. |
| XII. And whereas by reason of the large quantity of tobacco now in the warehouses, and of the uncertain arrival of the ships from Great Britain, during the present war, it will be necessary that the inspectors shall give further attendance at the warehouses; | |
| XIII. Be it therefore enacted, That every inspector of tobacco, from the tenth day of November, to the last day of September, yearly, shall constantly attend at the several warehouses under their charge, to receive, inspect, and deliver tobacco, except Sundays, and the holidays observed at Christmas, Easter, and Whitsontide, or when otherwise hindered by sickness. | Attendance of inspectors. |
| XIV. And be it further enacted, by the authority aforesaid, That this act shall commence immediately from and after the passing thereof; and, together with the said act, for reducing the laws made for amending the staple of tobacco; and for preventing frauds in his majesty's customs, into one act of Assembly, for so much thereof as is not repealed or altered by this act, shall | Limitation of this and former acts. |
| continue in force, till the ninth day of November, in the year of our Lord one thousand seven hundred and forty six; and from thence, two years next following; and from thence to the end of the next session of Assembly. | ||
| CHAP. VIII. An Act, for continuing the Act, intituled, An Act, for laying a duty upon liquors. | ||
| I. WHEREAS the act of Assembly, made in the fifth and sixth years of his present majesty's reign, intituled, an act for laying a duty upon liquors, which hath been continued by several subsequent acts, will expire on the last day of July, in the year of our Lord one thousand seven hundred and forty six; and it being the best expedient to raise money to answer the exigencies of this government, it is necessary that the said act should be further continued: | 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 recited act of Assembly, made in the fifth and sixth years of his present majesty's reign, for laying a duty upon liquors; and all other subsequent acts made for continuing and amending the same, as to so much of them as relates to the said duty upon liquors, shall be, and the same are hereby continued, from and after the expiration thereof, unto the tenth day of June which shall be in the year of our Lord one thousand seven hundred and forty seven, and no longer. | Former acts, imposing duties on liquors continued. | |
| CHAP. IX. | ||
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| I. WHEREAS, by an act of Assembly, made in the fourth year of the reign of Queen Anne, intituled, an act, for laying an imposition upon skins | Preamble. |
| and furs, for the better support of the college of William and Mary, in Virginia, a duty of three pence upon every raw hide, and six pence upon every tanned hide, exported, or carried out of this colony by land or water, was laid and appropriated to the use of the said college; which was confirmed by another act, passed in the eighth year of his present majesty's reign, intituled, an act, for the better support and encouragement of the college of William and Mary, in Virginia: And whereas the revenue arising by the said duty upon hides, has, by experience, been insufficient to answer the purposes for which the same was laid, and disproportionate to the real value of [such] hides; | |
| 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, one other duty or custom of two shillings and six pence for every raw hide, and five shillings for every tanned hide, exported, or carried out of this colony by water or by land, to any port or place whatsoever, shall be paid, by the owner or exporter thereof; to be entered, collected, paid, and accounted for, in the same manner and under the same penalties, and appropriated to the same uses, as the duties upon skins and furs are, by the said recited acts, directed to be collected, entered paid, accounted for, and appropriated. | Additional duty on furs and skins, for Wm. and Mary college. |
| Pages 200-219
| Pages 237-256
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