Pages 91-112 
|  Pages 135-154
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| Pages 91-112
| Pages 135-154
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| CHAP. XXXIX. An Act for making provision against Invasions and Insurrections. | |
| I. WHEREAS the frontiers of this dominion, being of great extent, are exposed to the invasions of foreign enemies by sea, and incursions of Indians at land, and great dangers may likewise happen by the insurrections of negroes, and others, for all which the militia settled by law is the most ready defence: And forasmuch as the militia of those counties, where any the danger aforesaid shall arise, must necessarily be | Preamble. |
| first employed, and may by the divine assistance, be able to suppress and repel such insurrections, and invasions, without obliging that of the other counties to be raised; and it being reasonable, that such services as shall be performed by any part of the said militia, be rewarded at the public charge. | |
| 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 upon any invasion of an enemy by sea, or land, or upon any insurrection, the governor, or commander in chief of this dominion, for the time being, shall have full power and authority to levy, raise, arm, and muster, such a number of forces, out of the militia of this colony, as shall be thought needful for repelling the invasion, or suppressing the insurrection, or other danger, and the same to lead, conduct, march, transport, and employ, or by his lieutenants, commanders, or other officers, by him commissionated, to cause to be led, conducted, marched, transported, and employed, as well within the several counties, and places to which they belong, as into any other counties and places within this dominion, for the suppressing and repelling of all such insurrections and invasions, and such forces again to discharge, and disband, as the cause of danger ceases. | The Governor's authority in cases of invasion, or insurrection. |
| III. And be it further enacted, by the authority aforesaid, That every officer of the militia, to whom notice shall be given of any insurrection, or invasion, shall have full power and authority, by virtue of this act, and is hereby required, forthwith to raise the militia under his command, and to send immediate intelligence to the county lieutenant, or in his absence to the chief commanding officer, resident in the county, and to the next militia officer in the same county, informing them, at the same time, in what manner he intends to proceed; and in the mean time, shall keep the militia under his command under arms, until he receives orders from his superior officer: And every county lieutenant, or chief commanding officer in any county, to whom such intelligence shall be given, of any insurrection or invasion, shall forthwith dispatch an express, to the governor or commander in chief of this dominion, for the time being, notifying the danger, and shall therewith signify, in the best manner he can, the strength and motions of the enemy; and | Militia officer's power and duty. |
| for that purpose, such county lieutenant, or other commanding officer, hath hereby full power to impress boats and hands, men and horses, as the service may require for the dispatch of such intelligence; and until orders shall arrive from the governor, shall draw together the militia of his county, in such place or places, as he shall judge most convenient for opposing the enemy. | |
| IV. And be it further enacted, by the authority aforesaid, That if any officer of the militia, who upon occasion of any invasion or insurrection, shall receive any orders or instructions, from the governor or commander in chief for the time being, or from any other his superior officer, either for calling together the soldiers, or marching them to any particular place, shall neglect or refuse to execute such orders and instructions, in the best manner he is capable, every such officer so neglecting or refusing, shall respectively, forfeit and pay the sum following, that is to say, every lieutenant of a county, the sum of fifty pounds, every colonel, lieutenant colonel, or major, thirty pounds, and every captain, lieutenant, cornet, or ensign, twenty pounds; and every soldier who shall be summoned to appear, upon any such occasion, and shall fail so to do, or shall fail to bring with him his arms and accoutrements, together with one pound of powder, and four pounds of ball, shall forfeit and pay the sum of ten pounds; one moiety of all which forfeitures shall go to our sovereign lord the king, his heirs and successors, for and towards the better supplying with arms that county where such offence shall be committed, 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 any court of record wherein the same shall be cognizable. | Penalties on them if they neglect or refuse to obey orders.
On soldiers failing to appear, or coming unarmed. |
| V. And be it further enacted, by the authority aforesaid, That upon raising or continuance of forces as aforesaid, it shall and may be lawful, by warrant under the hand and seal of any county lieutenant, colonel, lieutenant colonel, or major, commanding any part of the same, to impress and take up necessary provisions, of and from any person or persons, and to impress and take up sloops and boats, necessary for the transportation of forces over rivers and creeks, or the main bay of Chesapeake, together with the rigging, tackle, furniture, and apparel belonging thereunto, | The manner of impressing provisions, carriages, tools, workmen, &c. for military service. |
| and also all manner of carts, waggons, draught horses, or oxen, or other conveniencies for the land carriage of provisions, great guns, arms and ammunition, from place to place, and likewise any manner of utensils, tools or instruments, which shall or may be wanted for digging or entrenching, or towards the mounting the great guns, and making them useful: and further, that it shall be lawful, by warrant as aforesaid to impress able and fit men, to go in sloops or boats, and also any smith, wheelwright, carpenter, or other artificer whatsoever, which shall be thought useful for the fixing of arms, making carriages for great guns, or doing any other work whatever, where need shall be of such artificer. | |
| VI. Provided always, That it shall not be lawful to make use of any provisions, utensils, tools or instruments, so impressed and taken up, until appraisement thereof hath been made, in tobacco, by two good and lawful men upon oath, nor of any sloop, boat, cart, waggon, horses or oxen, until such appraisement made of the same, with the draught horses or oxen, and appurtenances thereto belonging; which every person so impressing, is hereby required, to cause to be made, and to give a receipt to the owner, of ever particular by him impressed and taken up, and certifying how the same was appraised aad estimated, and for what use and service impressed, upon pain of being liable to the action of the party grieved, for an unlawful seizure. | But appraisement and estimate must be first made. |
| VII. And for the better discovery of the approach of enemies by sea, It is hereby further enacted, That in each of the counties of Elizabeth City, Princess Anne, and Northampton, at such times and places as the governor or commander in chief of this dominion shall think fit to direct, one man be appointed by the chief officer of the militia, residing in each of the said counties respectively, which man shall keep a constant look out to seaward, by night and by day, and diligently observe the courses and motions of all such ships or vessels, as they, or either of them, shall discover upon the coast; and if, upon such observation, such person shall suspect the said ships or vessels to belong to an enemy, he shall immediately give notice | Look-outs to be appointed for discovery of enemies by sea. |
| thereof to the next field officer in his county, who is thereupon to transmit an account thereof to the governor or commander in chief, and to the county lieutenant, or chief commanding officer of the militia in the said county. | |||||||||||||
| VIII. And be it further enacted, by the authority aforesaid, That there shall be raised and paid, by the public, to the officers and soldiers drawn out into actual service, by virtue of this act, and to the lookouts appointed in manner aforesaid, after the rates following, to wit: | Militia to be paid by the public. | ||||||||||||
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| IX. Provided always, That for the pay aforesaid, every trooper shall find and provide himself with a horse, and horse furniture, arms and ammunition; and every foot soldier, with a foot soldier's arms and ammunition; and that when any part of the militia, raised as aforesaid, shall be discharged again within two days, no pay or allowance shall be given for the same, but every man shall bear his own charges; and when they shall be kept in service above two days, then the whole time shall be paid for, and allowed as aforesaid. | Must find their own horses, arms, &c. and when discharged in two days, no pay. | ||||||||||||
| X. And be it further enacted by the authority aforesaid, That for any message sent according to the directions of this act, either by land or water, the same allowance shall be made, as is by law given for other public expresses. | Messengers to be paid as public expresses. |
| And that every smith, wheel-wright, carpenter, or other artificer, impressed and employed as aforesaid, shall be paid and allowed by the public, after the rates following, to wit, every smith, fifty pounds of tobacco per day, and every carpenter, wheel-wright, or other artificer, forty pounds of tobaeco per day, and every man impressed to go in a sloop or boat, fifteen pounds of tobacco per day: And that the owner or owners of any provisions, utensils, tools, or instruments, impressed as aforesaid, shall be paid for the same, by the public, according to the value thereof, upon appraisement, made as by this act directed; and that the owner or owners, of any sloop or boat, cart or waggon, with horses or oxen, as aforesaid impressed and employed, shall be paid by the public, for the use of the same, according to the estimate thereof, made as herein before required, and in case such sloop or boat be case away or lost, or any cart, waggon, draught horse, or ox, destroyed or killed in the service, then the owner or owners thereof shall be paid for the same according to the appraisement thereof, and half the pay for the use. | Artificer's pay. Watermen, Provisions, tools, &c. Vessels and carriages, horses and oxen. |
| And if any such sloop, boat, cart, or waggon, be damnified, or any such horses or ox, hurt or disabled in the service, satisfaction shall be made to the owner or owners thereof, according to the damage received, besides the pay for the use: Provided always, That all such damage shall be inquired and found by two indifferent persons, upon oath, to be chosen and appointed by any justice of peace of the county where such sloop, boat, cart, or waggon, so damnified, or horse or ox hurt or disabled, shall happen to be. | |
| XI. And to the end a sufficient number of men may be appointed for guarding the batteries, erected in the several rivers of this dominion, and to assist in the better managing the great guns there mounted, when occasion shall be, It is hereby further enacted, That it shall be lawful for the governor or commander in chief of this dominion, for the time being, to appoint and assign such a number of the militia, residing next to the several batteries respectively, as he shall think | Guards for the batteries. |
| fit to attend the said batteries, under the command of such officer or officers, and under such order and discipline, as he shall appoint and direct: which said militia shall, from thenceforth, be exempted from all private musters, except at such battery only. | ||
| XII. And whereas it may be necessary in time of danger, to arm part of the militia, not otherwise sufficiently provided, out of his majesty's magazine and other stores within this colony, Be it further enacted, by the authority aforesaid, That if any person or persons, so armed out of his majesty's stores, shall detain or imbezzle any arms, accoutrements, or ammunition, to him or them delivered for the public service, and shall not produce and re-deliver the same, when ordered and required so to do, it shall be lawful for the respective county lieutenants, or chief commanding officers residing within their counties, by warrant under his or their hands, to commit such offender to prison, there to remain till he shall make satisfaction for the arms, accoutrements, or ammunition, by him detained or imbezzled. | Public arms. | |
| XIII. And be it further enacted by the authority aforesaid, That this act shall continue and be in force, from and after the passing thereof, for and during the term of seven years, from thence next following, and no longer: And that all and every other act and acts, clause and clauses, heretofore made for and concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Commencement and duration of this act. Repealing clause. | |
 CHAP. XL. | ||
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| I. WHEREAS the keeping too many horses or mares, by persons who have no freehold, or tenancy in lands, and suffer the same to run at large upon the lands of other persons, is not only prejudicial to the breed of horses, but also to the stocks of cattle, and sheep, of the freeholders of this colony: | 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 if any person, being an inhabitant of this colony, and not having a freehold of fifty acres of land, or possessed of, and occupying lands, or tenements, of the value of twenty pounds, or not being a tenant, and occupying lands, or tenements, for which he pays five hundred pounds of tobacco, or fifty shillings current money, or more, annual rent, shall presume to keep any stoned horse, or breeding mare, or any more than one gelding, or one spaid mare, it shall be lawful for any other person, being a freeholder, or tenant, qualified according to this act, to take up, and seize, every horse, mare, or colt, kept contrary to this act, and running at large, but the person taking up the same shall give notice thereof, to the owner, in writing, within three days after taking, and three days, at least, before the next court, to be held for the county wherein such owner lives; and if he, or she, shall not appear, at the said court, and make it appear, that he, or she, is an inhabitant of some place, not within this colony, or is a freeholder, occupier, or tenant, as aforesaid, every such horse, mare, gelding, or colt, shall be forfeited to the seizor, for his own use, and he shall have the property thereof; and if such notice be not given, three days before the next court after taking up, the owner shall not be obliged to appear 'till the court held next after expiration of the said three days. | Who may not keep more than 1 gelding, or spaid mare.
The forfeiture, and how to be recovered. |
| III. And that no overseer, not being a freeholder, in the county wherein he lives, nor any servant, whatsoever, shall be owner of any unspaid mare, or keep any horse, mare, or colt, without the licence in writing, of his master, or mistress; neither shall keep more than one, altho' so licenced, upon pain of forfeiting every such horse, mare, or colt, to any person who will inform for the same, recoverable before any justice of peace of the county wherein such offence shall be committed. | Overseers and servants may keep one gelding, or spaid mare, if licenced by their master. |
| IV. And for the better improving the breed of horses, Be it further enacted, by the authority aforesaid, That no person whatsoever shall keep upon any lands, not having a sufficient fence, any stoned horse, being of the age of two years, or more, and not of the height of thirteen hands, and a half, each hand containing four inches, standard measure, from the lowest part of the hoof, | Stoned horses under 13 1-2 hands high, two years old, or more, found at large, may be seized. |
| of the fore foot, to the highest part of the withers, upon pain of forfeiting every such stoned horse, found at large, upon any uninclosed grounds, or forty shillings current money, in lieu thereof: And it shall be lawful for any persons being a freeholder, or tenant qualified according to this act, to seize any such horse found at large as aforesaid, and bring him before a justice of peace of the county where so taken; and upon oath before him made, by the seizor, and one or more credible witness, or witnesses, that such horse was found, and taken up, running at large, upon uninclosed ground, such justice is hereby authorised, and required, forthwith to cause the same to be measured; and if it shall appear, that such horse is not of the size, by this act required, the justice shall grant a certificate thereof to the seizor, and thereafter he, or she shall, and may have, and keep, such horse, to his, or her, own use, as his, or her, own proper goods and chattels. | And forfeited to the seizor. |
| V. Provided nevertheless, That every person who shall take up such stoned horse, and obtain certificate thereof, shall publish notice of the same, in writing, affixed at the doors of the court-house, of the county, and church, or churches, of the parish wherein such taking shall be, describing the marks, colour, and brand, of the horse, so taken up: And if within two months after such publication, the owner of such horse shall pay, or tender, forty shillings current money, to the taker up, he, or she, shall accept the same, and restore such horse to his former owner. | But he must give public notice. The owner may redeem his horse, by paying forty shillings, within two months. |
| VI. And be it further enacted, by the authority aforesaid, That all and every other act and acts, clause and clauses, heretofore made for or concerning any matter or thing within the purview of this act, shall be, and are hereby repealed. | Repealing clause. |
| VII. And be it further enacted, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement of this act. |
| CHAP. XLI. An Act against stealing Hogs. | |
| I. 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 not being a slave, shall steal any hog, shoat, or pig, he, or she, shall, for the first offence, receive on his, or her bare back, twenty five lashes, well laid on, at the public whipping post of the county where he, or she, shall be convicted, or pay down ten pounds current money, to the use of the same county, towards lessening that county levy, and shall moreover, pay four hundred pounds of tobacco, for every such hog, shoat, or pig, one half to the owner thereof, and the other half to the informer, to be recovered, with costs, at the suit of the informer, by action of debt, in any county court of this dominion. | The punishment of hog-stealers, not being slaves. First offence. |
| II. And if any person, other than a slave, shall offend a second time, and be thereof convicted, he, or she, shall stand two hours in the pillory, on a court day, at the court-house of the county where such conviction shall be, and have both ears nailed thereto, and, at the end of two hours, have the ears cut loose from the nails; which judgment the respective county courts of this dominion, are hereby impowered to give, and to award execution thereupon: Saving always, to the party concerned, liberty of appeal to the general court, such party giving bond, with good security, in the sum of twenty pounds sterling, for his, or her, personal appearance in the said court, according to the appeal, and to perform and abide their award: And moreover, every such offender shall pay, and satisfy, four hundred pounds of tobacco, for every stolen hog, shoat, or pig, to the owner, and informer, and to be recovered, as aforesaid; and if there be several offenders in one, and the same fact, , altho' but one hog, shoat, or pig, be stolen, each person may be particularly prosecuted, and upon conviction, shall be adjudged to suffer the punishment, and pay the whole fine as aforesaid. | Second offence. Where several offenders in one fact, each of them liable to the punishment. |
| III. And be it further enacted, by the authority aforesaid, That if any servant shall be convicted of hog-stealing, |
| his, or her, master, or owner, shall pay and satisfy four hundred pounds of tobacco, to be recovered, and divided, as aforesaid, whether it be for the first, or second, offence, and shall be repaid for the same, and costs of suit, by further service of such offender, after his, or her time, due by indenture, contract, or former judgment, shall be expired, at the rate of one hundred and fifty pounds of tobacco, for one month's service, and judgment shall be entered up accordingly. | How servants shall pay for hog-stealing. |
| IV. And be it further enacted by the authority aforesaid, That when any slave, or slaves, shall hereafter steal any hog, shoat, or pig, it shall be lawful for any justice of peace, of the county where such offence shall be committed, upon complaint, or information thereof, to him made, to cause such offender, or offenders, and the witness, or witnesses, to come before him, and if, upon examination, any slave, or slaves, appear to be guilty, to commit him, her, or them, to prison, or bind every such offender, with security, to appear personally before the court, next thereafter to be held, for his county, to answer such complaint, or information, and to abide the judgment of the said court: And the justices thereof are hereby required, to direct the person appointed to prosecute for the king, in the same court, to exhibit a charge, or complaint, in writing, against such slave, or slaves, for such offence; whereupon it shall be lawful for the said court to hear, and determine the matter of such charge, or compliant, without any jury, and to receive, as evidence against the slave, or slaves, so charged, the confession of the offender, the oath of one or more credible witnesses, or such testimony of negroes, mulattoes, or Indians, bond or free, as to them shall seem convincing: And if, in the opinion of such court, the slave, or slaves, so charged, is, or are, guilty, every such offender shall, for the first offence, receive thirty nine lashes, on his, or her, bare back, well laid on, at the public whipping post; and upon a second conviction, shall stand two hours in the pillory, with both ears nailed thereto, and then cut loose, as is herein before directed: And if any negroe, mulattoe, or Indian, (not being a christian) shall, upon due proof made, or pregnant circumstances appearing to any county court, be found to have given false testimony, on the trial of any slave, for the first, or second offence of hogstealing, | How slaves shall be prosecuted, and punished for hog-stealing.
First offence. Second offence. Punishment of false witnesses. |
| every such offender, without further trial, shall be, by such court, ordered to receive the same corporal punishment, as the slave, tried for hogstealing, would receive upon conviction; and the first justice in commission, sitting at such trial, shall before the examination of such negroe, mulattoe, or Indian, charge such evidence to speak the truth, and shall also inform him, or her, of the consequence of giving false testimony. | |
| V. And be it further enacted by the authority aforesaid, That if any person whatsoever, shall be the third time convicted of hogstealing, every such offender, shall be adjudged a felon, and shall suffer death, without benefit of clergy. | Third offence of hog-stealing, felony, no clergy. |
| VI. And for the more effectual prevention of hog-stealing, It is hereby further enacted, That if any person shall bring, or cause to be brought, to his, or her, own, or any other house, or on board any ship, sloop, or other vessel, any hog, shoat, or pig, without ears, or shall receive any such, and not immediately discover the same to a justice of peace, he, or she, so offending, shall be adjudged a hogstealer: Provided nevertheless, That any person may bring, or cause to be brought to his, or her, own, or any other house, or on board any ship, sloop, or other vessel, his or her own swine, tho' without ears, he, or she, proving the same to be his, or her, property. | Bringing home hogs, without ears, hog-stealing, unless the party proves his property. |
| VII. And whereas tributary Indians raise swine, and are suspected, under colour thereof, to steal and destroy the hogs of the other inhabitants, Be it therefore further enacted, by the authority aforesaid, That all Indians whatsoever, keeping swine, shall give them the same mark, which hath been, or by the next adjacent county court shall be, allowed to the town to which such Indians respectively belong: And if any person, not being an Indian, shall buy or receive from any Indian, any pork, and cannot prove such pork, to be of the proper mark of the town of Indians, to which the Indian of whom the same was bought, or received, shall belong, he, or she, so offending, shall forfeit and pay one thousand pounds of tobacco; one half to the king, his heirs and successors, for and towards the support of this government, and the contingent charges thereof, the other half to the informer, to be recovered, with costs, by action of debt, in any court of record of this dominion. | Indian hogs shall have the mark of their town. Penalty on buying pork from any Indian. |
| VIII. And be it further enacted by the authority aforesaid, That one act, made in the fourth year of Queen Anne, intituled, an act against stealing hogs, be, and is hereby repealed. | Repeal of 4. Anne, C. 14. | |
| IX. And be it further enacted by the authority aforesaid, That this act shall commence and be in force, from and immediately after the tenth day of June, which shall be in the year of our Lord, one thousand seven hundred and fifty-one. | Commencement of this act. | |
| CHAP. XLII. | ||
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| I. WHEREAS divers vagrant people travel through this colony, from the northern provinces, to the southern, pedling, 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, 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 passing of this act, every driver of 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 also, at the same time produce bills of sale for them, and particularize | The duty of drivers of cattle passing through this colony. |
| 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 cattle shall be bought, in this colony, in order to be driven into any neighbouring province, 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 also shall 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 pass, upon their arrival therein: And if any driver shall fail herein, he, she, or they, shall forfeit, and lose, his, her, or their, whole drove of cattle. And any justice of the peace, upon complaint to him thereof made, is hereby impowered to issue his warrant, to the sheriff, or any constable of his county, forthwith to raise sufficient force, and to seize the cattle, and cause the driver, or drivers, to come before him, or any other justice of the county, who is hereby 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 also be 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 payment 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, | Penalty on failure. Sheriff's fees on the sale of cattle, sold in pursuance of this act. Persons claiming cattle seized or sold, shall have relief. |
| 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 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 among the records of the county. | Appropriation of the seizure. |
| III. Provided always, That nothing herein contained shall be contrued 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. | Persons excepted out of this act. |
| 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 passing of this act, 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, ten pounds for every horse, mare, or colt, to be appropriated to such uses, as the General Assembly shall from time to time direct. | Duty on horses 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 collector 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, and their salary. |
| VII. And be it further enacted, That the importers of every horse, mare, or colt, liable to pay duty, by |
| virtue of this act, bringing 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 size, 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 security, at the least, who shall be a known, and responsible inhabitant, or inhabitants, of this colony, for the payment 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, or 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 lost, the person or persons 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. | The method of entry, and payment of the duty. Penalty on making false entry, or not paying or securing the duty. On officers taking bribes, or conniving at a false entry. |
| 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 entred, that the horses, mares, or colts, to be exported, are the same that were entred, and that he hath not sold or swapped them since their entry, and that the said horses, mares, or colts, shall be exported out of this colony, within three days, and shall not be sold, | Drawback upon exportation in three months. |
| 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 customs, paid for the said horses, mares, or 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 were paid, or bond taken, and the time of payment or taking thereof, with a description of such horses, to the person paying or giving the same: And every importer, liable to the payment of the duty by virtue of this act, shall, if thereto 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 show to the said officer, or magistrate, such receipt: And if such 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 shall be liable to the penalties by this act inflicted, and such horses shall and may be seized and forfeited, for not making an entry. | Collectors shall give receipts, for duties paid or secured.
Importer not producing the receipt, liable to the penalties of this act. |
| 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, such horses as are necessary for his journey, and shall not sell or swap the same in this colony; or to any person or persons, who shall be actually moving their families and effects into this colony, to reside therein. | Travellers, and persons coming to settle here, exempted out of this act. |
| XI. And whereas the crime, and offence, of stealing horses, is of late years more frequent, especially in the frontier counties of this colony, to the great detriment and loss of many of his majesty's good subjects, occasioned for want of due prosecution, and punishment, of offenders therein, and for want of encouragement to such persons as shall vigorously endeavour the apprehending of such malefactors; for prevention |
| whereof, Be it further enacted, by the authority aforesaid, That all and every person and persons, who shall apprehend, and take any person, guilty of the stealing of an horse, and shall prosecute him, her, or them, so apprehended and taken, until he, she, or they, be convicted thereof, such apprehenders or takers, for his, her, or their reward shall have and receive the sum of ten pounds, within two months after such conviction, to be paid by the treasurer of this colony, for the time being, he, she, or they, tendering to the said treasurer, under the hand of the clerk of the general court, or court of Oyer and Terminer, a certificate of the conviction of such felon or felons, for the said offence, and in what parish the same was committed; and also, that such felon or felons was or were taken by the person or persons claiming the said reward; and in case any dispute shall arise between the parties, so apprehending the said felons, touching the right and title to the said reward, that then the judges of the general court, or court of Oyer and Terminer, before whom the felon or felons shall be convicted, respectively, shall, in and by the said certificate, direct and appoint the rewards to be paid, to and amongst the parties claiming the same, in such shares and proportions, as to the said judges shall seem reasonable: And in case any person or persons shall happen to be killed, by any such horse-stealer or horse-stealers, endeavouring to apprehend, or making pursuit after him or them, that then the executors or administrators, or such person or persons, to whom the right of the administration of the personal estate of such person so killed, shall belong, upon certificate delivered under the hands and seals of two justices of the peace of the county where the fact was committed, of such person's being so killed, (which certificate the said justices, upon sufficient proof before them made, are required immediately to give) shall receive the sum of fifty pounds, to be paid by the said treasurer. | Reward for apprehending a horse-stealer. How to be obtained. Reward to executors, &c. of persons killed in pursuit, or taking the felon. |
| XI. And whereas the horse-stealers, in this and the neighbouring colonies, have established themselves into a confederacy, for carrying on that most villainous practice, so that horses stolen here are usually handed to persons to sell, at a great distance from the place where they are stolen; and at other times horses are stolen, and afterwards turned loose, and taken up as strays, by the person who stole such |
| horses, in order to screen themselves from the penalty of the law; for preventing which mischiefs for the future. | |
| XII. Be it further enacted, by the authority aforesaid, That no person or persons whatsoever, shall pass through this colony with led horses, or expose to sale any horse, mare, or colt, without producing a separate certificate, under the seal of the colony, from whence he, she, or they shall bring the same, setting forth the size, colour, flesh marks, and brand of such horse, mare, or colt, together with such persons property therein, to any person or persons, demanding a sight of the same. And every importer of horses into this colony, for sale, shall with every horse, mare, or colt, he, she, or they shall sell, deliver to the purchaser thereof such certificate; which certificate such purchaser shall in like manner produce, to any person or persons demanding a sight of the same, and in case such importer or purchaser shall fail, or refuse to produce such certificate, when thereto required as aforesaid, every horse, mare, or colt, for which no such certificate shall be produced, shall be forfeited. | Horses imported for sale, or sold, without certificate, forfeited. |
| XIV. And forasmuch as felons are much encouraged to steal horses, because a great number of persons make a trade, to receive and buy of such felons the horses by them feloniously taken, and also do make it their business to conceal such offenders, after the said fact, knowing such felonies to be by them committed; Be it therefore enacted by the authority aforesaid, That if any person or persons shall receive, or buy, any horse that shall be feloniously taken, or stolen, from any other person, knowing the same to be stolen; or shall harbour or conceal any horse-stealer, knowing him, her, or them to be so, such person or persons shall be taken and received as accessary or accessaries to the said felony, and being of either of the said offences legally convicted, by the testimony of one or more credible witness or witnesses, shall incur and suffer the pain of death, as a felon convict. | Accessaries in horse stealing. |
| XV. Provided always, That if any such principal felon cannot be taken, so as to be prosecuted and convicted of any such offence, yet nevertheless it shall and may be lawful, to prosecute and punish every such person and persons, buying or receiving any horses stolen, by any such principal felon, knowing the same to be stolen, as for a misdemeanor, to be | May be prosecuted, although the principal felon not convicted. |
| punished by fine and imprisonment, or other such corporal punishment as the court shall think fit to inflict, altho' the principal felon be not before convict of the said felony, which shall exempt the offender from being punished as accessary, if such principal felon shall be afterwards taken and convicted. | |
| XVI. 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 whereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, 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, wherein no essoin, protection, wager of law, or more than one imparlance shall be allowed. | |
| XVII. And be it further enacted, by the authority aforesaid, That one act of Assembly, made in the eighteenth year of his present majesty's reign, intituled, An Act for continuing and amending an act for preventing losses from drivers, passing with cattle through this colony, and for laying a duty on horses; and all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and the same is and are hereby repealed and made void, any thing in the said act or acts contained to the contrary, in any wise notwithstanding. | Repealing clause. |
| CHAP. XLIII. An Act for repealing several acts of Assembly therein mentioned. | |
| WHEREAS the several acts of Assembly, herein after mentioned, are become either useless, obsolete, or otherwise provided for: 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 several acts of Assembly | The titles of acts hereby repealed. |
| herein after mentioned, that is to say, the following acts continued or made in the
thirteenth year of the reign of king Charles the second, to wit,
chapter the fourteenth, intituled, Burial of servants or others privately, prohibited; chapter the sixty first, intituled, Judgment before
Commissioners; chapter the sixty second, intituled, Persons
removing into the bay; chapter the sixty third, intituled,
English weights and measures; chapter sixty seventh,
intituled, Orphans land not to be aliened; chapter the
seventieth, intituled, Seating upon others dividends; chapter
the hundred and twelfth, intituled, Two acres of corn for each tithable; chapter the hundred and sixteenth, intituled, Exportation of
money; also, an act made in the fourteenth year of the said
king's reign, intituled, An act against persons that refuse to have their children baptized;
also, one other act made in the same year, intituled, An act
for punishment of scandalous persons; also, one other act made in
the fifteenth year of the same reign, intituled, An act concerning the Northern Indians;
also, one act made in the eighteenth year of the said reign,
intituled, An act commanding law books to be provided for each county; also an act made in the twentieth year of the same reign,
intituled, An act impowering county courts to build workhouses, assisted by the vestries; and one other act made in the same year, intituled, An act
concerning the property of tobacco; also, an act made in the
twenty fourth year of the same king, intituled, An act for suppressing vagabonds and
disposing of poor children to trade; also, an act made in the
twenty sixth year of the same reign, intituled, An act prohibiting the justices of the
several county courts from levying tobacco upon the people for their accommodation and expences,
whilst they are keeping court; also, also, an act made in the
thirty second year of the same reign, intituled, An act reviving and reinforcing an act made
at James-city the twentieth day of October, one thousand six hundred and sixty five, and putting
the same in due execution; |
| and preventing unlawful and treasonable associations; also, an act made in the third year of the reign of king William, and queen Mary, intituled, An act declaring the duty of Tanners, Curriers, and Shoemakers; also, an act made in the fourth year of the reign of queen Anne, intituled, An act for encouragement of the land frontiers; also, one other act made in the same year, intituled, An act to prevent Indians hunting or ranging upon patented lands; shall be, and the said several recited acts of Assembly are hereby repealed, and made void, to all intents and purposes; as if the same had never been made. | |
| CHAP. XLIV. An Act concerning Strays. | |
| I. 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 every person who shall take up any stray horse, mare, or nett cattle, or any sheep, goats, or hogs, or boat, or other vessel adrift, shall cause a description of the marks, brand, stature, and colour, of such horse, mare, or cattle, the mark, and colour, of such sheep, goat, or hog, and the burthen, and built, of such boat, or other vessel adrift, to be publicly affixed at the court house of his, or her county, on two several court days, next after taking up the same, and, for a reward of taking up, shall be paid by the owner, five shillings, for every such horse, mare, head of cattle, boat, or other vessel; and one shilling for every sheep, goat, or hog: And every person taking up any stray, or vessel adrift, and failing to give such notice, or making use of any such stray, or boat, or other vessel, shall forfeit fifteen shillings, current money, to the informer, recoverable, with costs, before any justice of the county where the offence shall be committed. | Persons taking up strays, or vessels adrift, shall advertise the
same. Rewards for taking up. Penalty on failure to advertise, or making use of the stray, or vessel. |
| II. And be it further enacted, by the authority aforesaid, That if no owner shall appear, after notice twice |
| published as aforesaid, the taker up shall make application to a justice of his county, who is hereby impowered thereupon to issue his warrant, directed to any three honest house keepers of the neighbourhood, who having first taken an oath, before the said justice, shall view and appraise such stray, or boat, or other vessel, and then the property thereof shall be vested in the taker up, but he shall nevertheless be answerable for the valuation money to the owner, at any time afterwards, deducting the reward for taking up: And where the valuation exceeds twenty shillings, the taker up, shall send a description of such stray, or boat, or other vessel, to the printer to be advertised three times in the Virginia Gazette, and if no owner shall claim the same within six months after appraisement, the property shall be vested in the taker up, but for the valuation money he shall be answerable to the owner at any time afterwards, deducting only five per centum for taking up, and the charge of advertising, for which the printer may demand and take two shillings for the first advertisement, and one shilling for every advertisement thereafter, and no mer. | The method to be taken where no owner appears. And where the value exceeds twenty shillings. Printer's fee for advertisements. |
| III. Provided always, That if after notice published as aforesaid, any stray shall happen to die, or get away, or any boat or vessel taken up, shall break loose, or get away, before the owner thereof shall make claim, and prove his, or her right, the taker up shall not be answerable for the same: And if any person, not being a freeholder, house keeper, or overseer, shall presume to take up, or make use of any stray, or boat, or other vessel adrift, he, or she so offending shall, for every such offence, forfeit and pay twenty shillings, to the informer, recoverable with costs, before any justice of peace of the county where such offence shall be committed; and upon failure of payment, or giving security for payment, within one month after conviction, such offender shall, by order of the justice, receive twenty lashes on his, or her bare back, well laid on. | Taker up not answerable for death, or loss of the stray. Who may not take up, or use any stray, under penalty of 20 shillings or twenty lashes. |
| IV. And be it further enacted, by the authority aforesaid, That one act made in the fourth year of Queen Anne, intituled, An act concerning waifts and strays, shall be, and is hereby repealed. | Repealing clause. |
| V. And be it further enacted, That this act shall commence and be in force from and immediately after the tenth day of June, which shall be in the year of our Lord one thousand seven hundred and fifty-one. | Commencement of this act. |
| Pages 91-112
| Pages 135-154
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