Pages 193-215 
|  Pages 236-260
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| Pages 193-215
| Pages 236-260
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| ANNO REGNI GEORGII II, Regis, Angliæ, Scotiæ, Franciæ, et Hiberniæ, vicessimo quinto. 
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| Robert Dinwiddie, esq. Governor. | ||
| CHAP. I. | |||
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| I. WHEREAS by an 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; it was among other things enacted, That from and after the passing thereof, for and during the term of four years, there should be levied, and paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony and dominion, for sale, either by land or water, from any port or place whatsoever, by the buyer or purchaser, after the rate of five pounds per | Preamble. |
| cent. on the amount of each respective purchase; with divers provisions, and directions, in the said act contained, for managing, collecting, paying, and applying the said duty, which was continued with alterations and amendments, by several subsequent acts, all which expired the last day of July, one thousand seven hundred and fifty one: And whereas, the public debts contracted for his majesty's service, during the late war with Faance, and also for rebuilding the Capitol, are yet unpaid, and cannot be discharged without the aid of the duty laid by the aforesaid act, which hath, by experience, been found easy to the people here, and no ways burthensome to the traders in slaves. | |
| 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 hereof, for and during the space of four years, the said duty of five pounds per cent. on the amount of each respective purchase, of any slave, or slaves, imported or brought into this colony and dominion, for sale, either by land or water, from any port or place whatsoever, shall be revived, become payable, and paid, in such manner and with such allowances as herein after directed. | Duty of five per cent. revived, on slaves imported. |
| III. And for the better levying, collecting, recovering, and securing, the duty hereby revived, and which shall become due and payable within the time aforesaid; Be it further enacted, by the authority aforesaid, That every importer, or seller, of any slave, or slaves, imported into this colony, either by land or water, for sale, shall within thirty days after finishing the sale of such slave or slaves, deliver, or cause to be delivered, to the treasurer of Virginia, for the time being, upon oath, a true manifest, or account, of all the slaves by him sold, the name, and place of abode, of every buyer; the respective prices for which the same were sold, and whether for sterling, or current money; and if sold for tobacco, or any other commodity, the seller shall set a value, in current money, upon the slave, or slaves, so sold, and the buyer shall be chargeable with, and pay the said duty, according to such valuation. | Importer, shall deliver to the treasurer an account of sale,
with the names of the buyers, and prices; whether for currency or sterling. Duty to be paid by the buyer. |
| IV. And where the contract shall be for sterling, the buyer shall pay, for the difference of money, after the rate of twenty five per cent. upon the sterling: | If sterling, the duty to be paid at 25 per cent. |
| And the importer, or seller, shall, in the same manifest, render an account of all the slaves imported in the same ship, or vessel, and sold, belonging to the master, or any officer on board, commonly called privileged slaves; and if any buyer shall not be an inhabitant of this colony, such buyer shall pay down the duty to the seller, who is hereby impowered and required to demand, receive, and account for the same, to the treasurer aforesaid, deducting six percent. for his trouble: And every importer, or seller of slaves, as foresaid, neglecting, or refusing, to deliver such manifest, within the time by this act required, or failing to pay the duties by him received, or concealing any part thereof, shall forfeit and pay one thousand pounds current money, recoverable, with costs, by the treasurer of Virginia, for the time being, by action of debt, in any court of record of this dominion, and by him to be applied to the same uses, intents, and purposes, as the said duty is directed to be applied. | Buyer not an inhabitant to pay the duty to the seller. Penalty on importer for neglecting to account with the treasurer. |
| V. And be it further enacted by the authority aforesaid, That the treasurer, as soon as conveniently may be, after the receipt to such manifest, or account of sale, shall transmit to the sheriff of every county, wherein the buyers respectively reside, lists of the names of such buyers, and the sum due from each of them, for the duty aforesaid, and every sheriff is hereby required to receive such list or lists, to him directed, and to demand, collect, and receive, of every person therein named, residing within his county, the sum or sums therein specified to be due, from each person respectively: And in case of non-payment, to levy the same by distress, in like manner, as he is by law directed, to distrain for levies, and other public debts; and every such sheriff shall, on or before the twenty-fifth day of April, in every year, account with, and pay to the said treasurer, the several sums by him received upon such lists, deducting only six per cent. for his trouble, in collecting and paying the same; and if any sheriff shall neglect, or refuse, to account and pay as aforesaid, for the whole amount of the lists to him transmitted, after the deduction aforesaid is made, and an allowance for persons not dwelling, nor having any effects, in his county, it shall be lawful, for the said treasurer, upon motion made in the general court, or in the court of the county | Treasurer to deliver the name of the buyers, and the several
sums due, to the sheriffs, who are to collect; and account with the treasurer before the 25th of April annually. Penalty. |
| of such sheriff, to demand judgment against him, for all the monies due by the lists transmitted to him, to collect, and such court is hereby authorised, and required, to give judgment accordingly; provided that the sheriff have ten days previous notice of such motion. | |
| VI. Provided nevertheless, [always] That if any person, chargeable with the duty aforesaid, shall pay the same in money of his or her own importation into this colony, according to the directions of an act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An act for reducing the laws made for laying a duty on liquors, into one act of Assembly, such person shall have an abatement or allowance, of fifteen per cent. out of the duty so paid, and the sheriff is hereby required to allow the same accordingly, and to indorse the sum upon which such allowance shall be made, upon the certificate of importation of the money. | Proviso. |
| VII. Provided also, That if any slave, or slaves, shall die within forty days after purchase, the buyer may make oath thereof before any justice of the peace, and obtain his certificate; which being produced, and delivered to the sheriff, he is hereby authorised and required, to allow and discharge such buyer, of so much of the said duty as he shall stand charged with, for such slave, or slaves. But all such certificates of slaves dying within forty days, shall be by the sheriff returned to the treasurer, at the time of passing the sheriff's accounts; and that where any person inhabiting this colony, shall really and bona fide purchase any slave, or slaves, for his own proper use, and not in trust or for the use of any other person, not being an inhabitant of this dominion, for which the duty shall have been paid, or due, according to this act, and such person shall, within twelve months after such purchase, be desirous to export the same, such exporter shall give a particular account of the number of slaves he intends to export, to the naval officer of the district from whence they shall be exported, and shall subscribe such account, and declare upon oath, "That he is the true and lawful owner of the slaves he desires to export, without any trust for any other person, or persons, not residing within this colony, and that the said slaves shall be directly carried out of this dominion, and not into the | No duty to be paid, if slaves die within forty days after
purchase; or are exported. |
| "province of North Carolina, upon his own account and risk, and shall not be sold or brought back again into this colony, without payment of the duty required by this act:" Which oath every naval officer of this dominion respectively, is hereby impowered and required to administer, and thereupon shall give a certificate thereof to the exporter, who upon producing and delivering the same to the sheriff, in case the duty due upon importation shall not have been before paid, or satisfied, shall be allowed to draw back, of the said duty, so much as he shall stand charged with for the slave, or slaves, so exported; and if the said duty has been paid to, and accounted for, by the sheriff, then, upon producing the naval officer's certificate to the treasurer, the same shall be by him repaid. | Duty of naval officer. |
| VIII. And be it further enacted by the authority aforesaid, That the monies arising by virtue of this act, shall be appropriated and applied for and towards discharging the public debts, contracted during the late war with France, and to such other public use, and uses, as the General Assembly, from time to time, shall think fit to direct. | Monies; how to be appropriated. |
| IX. But whereas it may often times be a great ease to the buyers of slaves, if they are allowed to pay the duty to the seller; Be it enacted by the authority aforesaid, That if the buyer shall be willing to pay the duty of any slave, or slaves, by him purchased, to the seller, before the time herein before limited for the said seller to return to the treasurer a manifest, or account of the slaves by him sold, it shall and may be lawful, for the said seller, and he is hereby impowered and required to receive the same; any thing herein before contained to the contrary, or seeming to the contrary, notwithstanding: And the seller shall account for, and pay to the said treasurer, the duty by him so received, in the same manner, with the like allowance, and under the like penalty for non-payment, as herein before is directed, allowed, and inflicted. | The seller may receive the duty, before rendering an account.
And account with the treasurer. |
| CHAP. II. An Act for continuing a clause of an act of Assembly therein mentioned. | ||
| I. WHEREAS by a clause in an act of Assembly, made in the twenty second year of the reign of his present majesty, intituled, An act for continuing the act, intituled, An act for reducing the laws made for laying a duty upon liquors, into one act of Assembly, an additional duty of one penny per gallon, was laid upon rum, brandy, distill'd spirits, and wine imported, which will expire on the first day of January, one thousand seven hundred and fifty three; and whereas it is necessary, for discharging the public debts, and other exigencies of this government, that the said duty should be continued: | ||
| 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 clause in the said recited act, and every article thereof, shall continue and be in force, from and after the first day of January, one thousand seven hundred and fifty three, until the tenth day of June one thousand seven hundred and fifty five, and no longer. | ||
| CHAP. III. | ||
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| I. WHEREAS the act of Assembly made in the twenty second year of the reign of his present majesty, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs, |
| hath been found in a great measure to answer the good end and design thereof; yet for the rendering the same more beneficial and convenient: | |
| 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 twentieth day of October next, the public warehouses for the inspection of tobacco at Wainwright's, in the county of Isle of Wight; at Naylor-Hole, on Rappananock creek; at Turkey island, in the county of Henrico; and at Hampton in the county of Elizabeth City, be, and the same are hereby declared to be discontinued, and shall no longer be accounted public warehouses for the inspection of tobacco; and that from and after the said twentieth day of October next, public warehouses for the inspection of tobacco, be appointed at the following places, to wit, in the county of Isle of Wight, on the lots of Arthur Smith, in the town of Smithfield, to be under the same inspection with Smith's warehouses on the east side of Pagan Creek, in the said county: In the county of Elizabeth-City, on the lands of Wilson Curle, gentleman, adjoining to the town of Hampton; in the county of Richmond, at Cat-Point, on Rappahanock creek, to be under the same inspection with the warehouses on the land of Sir Marmaduke Beckwith, bart. in the same county: In Henrico county, at Shockoe's on James river, on the land of William Byrd, esq. near to the place where the warehouses now are, to be call'd Byrd's warehouses; in the same county, on the upper side of Four-mile creek, on the land of John Pleasants the elder, and on the lower side thereof, on the land of Charles Woodson, to be under one inspection; and in the county of King-George, at Falmouth, on the upper lots of John Dixon, gentleman. | What public warehouses are discontinued. New warehouses appointed. |
| III. And be it further enacted, by the authority aforesaid, That there shall be paid and allowed for the rent of the warehouses at Hampton, seven pounds per annum, and the several other warehouses above-mentioned, eight pence per hogshead, for every hogshead of tobacco, that shall be inspected and delivered out of the same, respectively. | The rents of the several warehouses. |
| II. And for the more equal settlement of the salaries of the several inspectors, at the warehouses hereafter mentioned; Be it further enacted, by the authority | The salaries of the several inspectors. |
| aforesaid, That the same be established for each inspector, according to the following rates, viz, at Smithfield, and Smith's, under one inspection, thirty five pounds per annum; at Curl's, near Hampton, twenty five pounds per annum; at Falmouth, forty pounds per annum; at Dixon's, forty pounds per annum, at Byrd's, fifty pounds per annum; at Walkerton, and Waller's, under one inspection, thirty five pounds per annum; at Osborne's, forty pounds per annum; at Occoquan, and Peyton's, under one inspection, thirty five pounds per annum; at Pohich, thirty pounds per annum; at Page's fifty pounds per annum; at Crutchfield's, fifty pounds per annum; at Acquia, thirty five pounds per annum; at Cabin-Point, fifty pounds per annum; at Bolling's pont, fifty pounds per annum; at Cat-Point, and Beckwith's, under the same inspection, thirty five pounds per annum; at Pleasant's, and Woodson's, under one inspection, thirty pounds per annum; at Bermuda-Hundred, twenty pounds per annum. | |
| V. And be it further enacted by the authority aforesaid, That all inspectors of tobacco, do constantly attend their duty at the warehouses under their charge, from the twentieth day of October, to the last day of August, yearly, (except Sundays, and holidays observed at Christmas, Easter, and Whitsuntide, or when hindered by sickness) and if any inspector, thro' sickness or other inability, shall be unable to discharge the duties of his office, it shall and may be lawful, for the governor, or commander in chief, by and with the advice and consent of the council, to appoint one of the persons nominated in the recommendation of the county court, for such inspection, to act in the stead of such sick or disabled inspector; which inspector so appointed, shall execute the office of inspector during the time of the sickness, or other inability of the former inspector, and shall be entitled to take and receive of the salary due at such inspection, in proportion to the time he shall officiate. | When the inspectors are to attend their duty. |
| VI. Provided always, That nothing herein contained, shall be construed to hinder any inspector of an adjacent warehouse, to view and inspect tobacco, as in the said act is directed, till a person shall be appointed as aforesaid. | Proviso. |
| VII. And be it further enacted, by the authority aforesaid, That all inspectors of tobacco, shall hereafter | All inspectors to account |
| account with the treasurer, in the manner as prescribed and set down by the before recited act, on or before the twentieth day of October, annually. | with the treasurer. |
| VIII. And be it further enacted, by the authority aforesaid, That from and after the commencement of this act, the several inspectors do, in their receipts for tobacco, express whether the same is tied in bundles or not; and where any hogshead hath part leaf and part stemmed, they shall likewise signify the same, at the bottom of such receipt, and that they shall not mix stemm'd and leaf tobacco, in any hogshead, which they shall prize, and pay away in discharge of transfer notes by them given out. | Their receipts are to express whether the Tobacco is tied in bundles or not, and whether stemmed or leaf. |
| IX. And be it further enacted, by the authority aforesaid, That no crop or transfer notes, of the county of Prince-William, shall pass in any payment of levies, quit-rents, or officers fees, becoming due in the county of Culpeper: And that no crop notes, or receipts, of an older date than eighteen months, shall be a lawful tender, in discharge of any tobacco-debt whatsoever, and if any tobacco hath remained, or shall hereafter remain undemanded, in a public warehouse, three years after the same is inspected; the inspectors at such warehouse shall advertise in the Virginia Gazette, a list of the marks, numbers, and weights of such tobacco; and if no owner appears to claim the same, within six months, they shall, at the next court to beheld for the county in which such warehouse shall be, after the expiration thereof, deliver to the said court, the like list; which court is hereby impowered and required, to order the same to be sold publickly, at the court-house door, on a court day, to the highest bidder, and the money arising from the sale thereof, shall be paid by the inspectors, to the treasurer of this colony for the time being, who shall account for the same, from time to time, to the General Assembly. And if any person, having a right in any tobacco so sold, shall prove his property therein, the said treasurer, shall repay, to such person, the money for which such tobacco was sold. | No crop notes of an older date than 18 months, a lawful tender for any tobacco debt. How inspectors are to act if any tobacco remains undemanded 3 years after inspection. |
| X. And be it further enacted, by the authority aforesaid, That no inspector shall hereafter take in any note or receipt for crop-tobacco, and afterwards give transfer notes in exchange for the same, unless the hogshead specified in such note or receipt, shall contain at least nine hundred and fifty pounds, of nett |
| tobacco, and not mixed leaf and stemm'd; any thing in the before recited act, to the contrary thereof, in any wise notwithstanding. | |
| XI. And be it further enacted, by the authority aforesaid, That the notes of the several warehouses hereafter mentioned, shall pass in payment of all levies, quitrents, and officer's fees, payable in the counties following; that is to say, the notes of Fredericksburg, Royston's, Falmouth, and Dixon's, shall pass in the county of Culpeper; the notes of Warwick, Osborne's, Bermuda-Hundred, John Bolling's, Cabbin-Point, and Bolling's Point, shall pass in the counties of Prince George, and Dinwiddie; the notes of Cabbin-Pont, Maycox, and Jordan's, shall pass in the county of Southampton; the notes of Smithfield, shall pass in the county of Surry; the notes of Fredericksburg and Royston's, shall pass in the county of Albemarle, and the notes of Shockoe's, and Byrd's, shall pass in the county of Cumberland. | In what counties the notes of the several warehouses shall pass in payment. |
| XII. And be it further enacted, by the authority aforesaid, That out of every hundred pounds of tobacco, which shall be paid in discharge of quit-rents, secretary's, clerks, sheriffs, surveyors, or other officers fees, in the counties hereafter mentioned, and so proportionably for a greater or lesser quantity, there shall be the following abatements, or allowances to the payer, that is to say, for tobacco due in the counties of Culpeper, and Cumberland, the person paying shall and may retain in his hands, thirty pounds of tobacco, for every hundred so due from him; for tobacco due in the counties of Isle of Wight, and Prince-George, ten pounds of tobacco; for tobacco due in the counties of Southampton and Dinwiddie, twenty pounds of tobacco; and for tobacco due in the county of Chesterfield, fourteen pounds of tobacco. | The abatement: |
| XIII. And be it further enacted, by the authority aforesaid, That so much of the said recited act, as prohibits inspectors to be collectors of his majesty's quit-rents, or of any public, county, or parish levies, or any officers fees, or to buy and receive for themselves, or any other person, by way of barter, loan, or exchange, any tobacco whatsoever, within two years after they are out of office, under a penalty therein mentioned, be, and the same is hereby repealed. | Inspectors may be collectors of his majesty's quit-rents. |
| XIV. And be it further enacted, by the authority aforesaid, That when any action shall be commenced | Seafaring men to give special bail. |
| and prosecuted against any seafaring person, founded on this or the before recited act, such person shall not be admitted to appear to such action, until he or they shall have given special bail; any law or custom to the contrary, notwithstanding. | |
| XV. And be it further enacted, by the authority aforesaid, That this act shall commence and be in force, from and immediately after the passing thereof, and together with the said recited act, For amending the staple of tobacco, and preventing frauds in his majesty's customs, for so much thereof as is not repealed or altered by this act, shall continue in force, until the twentieth day of October, in the year of our lord, one thousand seven hundred and sixty, and from thence to the end of the next session of Assembly. | The commencement and continuance of this act. |
| CHAP. IV. An Act for erecting a Light-House at Cape-Henry. | |
| I. WHEREAS the erecting and maintaining a light-house at Cape-Henry, will greatly conduce to the safety and preservation of ships, and other vessels, coming into, and going out of the bay of Chesapeak; and the expence of such building, and keeping a light therein, may be defrayed by a small and inconsiderable duty on the tonnage of such ships, and vessels, to be paid by their owners or masters, in consideration of the immediate benefits arising to them. To the end therefore, that a work of such public use, may be compleated with all convenient speed; | 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 honorable John Blair, and Thomas Nelson, esqrs. Lunsford Lomax, Robert Tucker, Samuel Boush the younger, John Hutchings, Edward Hack Mosely, Anthony Walke the younger, John Norton, William Westwood, John Tabb, Littleton Eyre, Lemuel Riddick, Samual Boush, Jacob Elligood, Jacob Walker, | Directors appointed. |
| and John Hunter, gentleman; shall be, and are hereby appointed directors and managers, for the erecting and finishing, or causing to be erected and finished, at such convenient place, on the head-land of Cape-Henry, as to them in their discretion shall appear most proper for that purpose, a good and substantial light-house of such height and dimensions as they shall think best: And the said directors and managers, or any nine of them, shall have power and authority, by virtue of this act, to contract and agree with any person or persons, for building and finishing such light-house, in the best and most substantial manner, upon such terms as to them shall seem reasonable, and also for placing, and constantly keeping a light therein; which agreement, or agreements, being by them certified to the governor, or commander in chief of this dominion, and a warrant thereupon obtained from him, to the treasurer of Virginia for the time being, the said treasurer is hereby authorised and required, out of the public monies in his hands, to pay the sum or sums so certified, to be due unto the person or persons, to whom the same shall be ordered by the said directors. | |
| III. And for reimbursing the monies so advance, and for the maintenance and support of the said light-house, in all time to come: Be it further enacted, by the authority aforesaid, That from and after the kindling, or placing, a light, useful for shipping, in the said light-house, there shall be paid by the masters or owners of all ships, and other vessels, coming into or going out of, the said bay of Chesapeak, once every voyage, at the time of their clearing out, the duty of two pence per ton, of the burthen of each ship or vessel, to be collected and received, by the respective collectors, or officers, who shall be appointed to receive the same, which duty shall be to our sovereign lord the king, his heirs and successors for ever, for the uses, and purposes, hereafter mentioned, and by them to be accounted for, and paid to the treasurer of Virginia, in the same manner, and with the like salary, for collecting, as they are by law directed to account for the duties upon liquors, and by the said treasurer shall be accounted for to the General Assembly, to be by them applied, and ordered, for the reimbursing the monies so advanced, and for the future support and | Duty to be paid by masters of ships. |
| maintenance of the said light house, and for no other use, intent, or purpose, whatsoever. | ||
| IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof be first had and obtained. | Suspending clause. | |
| CHAP. V. | ||
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| I. WHEREAS the act of the General Assembly, made in the twenty second year of the reign of his present majesty, intituled, An act for establishing the General Court, and for regulating and settling the proceedings therein; hath been lately repealed by his majesty, whereby the act made in the fourth year of the reign of her late majesty queen Anne, for establishing the General Court, and for regulating and settling the proceedings therein; and several other acts, relating to the said court, are revived, and it is highly necessary, and expedient, to confirm all the process, and proceedings, which have issued or been had, under the said repealed act, between the commencement thereof and the proclamation for repealing the same. | ||
| 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 all writs, and other process, at common law, or in chancery, and all suits, appeals, and proceedings whatsoever, issued, granted, or prosecuted at any time between the commencement of the said first mentioned act, and the date of the proclamation |
| for repealing the same, now returned, or returnable, determined, or depending in the said General Court, be confirmed, and the same are hereby declared to be in full force, and as good and valid, to all intents and purposes, as if the said first mentioned act had not been repealed; any law, usage, or custom, to the contrary, notwithstanding. | ||
| CHAP. VI. | ||
| ||
| I. WHEREAS the church, in the city of Williamsburg, is not sufficiently large to contain all such persons as resort thither, in the times of the sitting and holding of the General Assemblies, and General Courts, of this colony: | 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 Honourable John Blair, esq. the Honourable Philip Ludwell, esq. John Robinson, and Peyton Randolph, esquires; Armistead Burwell, James Power, and Benjamin Waller, gentlemen; or any four of them, be, and they are hereby impowered, to covenant, agree with, hire and employ, such and so many undertakers, workmen, and labourers, and to provide, furnish, and buy, such materials, as they, or any four of them, shall think convenient and proper to be employed and made use of, in and about enlarging the said church; and to give such necessary orders, and directions therein, from time to time, as they shall see cause, until it shall be finished. | Directors appointed. | |
| III. And be it further enacted, by the authority aforesaid, That the said directors, as often as they shall have occasion for money, for the uses aforesaid, shall, from time to time, apply themselves to the governor, or commander in chief for the time being, to issue out his warrant to the treasurer of this colony, to pay so | How they are to apply for money when wanted. |
| much money as shall be wanting for the purposes aforesaid, not exceeding the sum of three hundred pounds, who is hereby required to pay the same accordingly; which said sum or sums, the said directors shall account for, at the next meeting of the Assembly, after the work aforesaid shall be finished. | ||
| IV. And be it further enacted, by the authority aforesaid, That the said directors be, and they are hereby impowered to send to Great Britain for, and purchase a musical organ, for the use of, and to be placed and kept in, the said church; and to apply to the governor, or commander in chief, to issue out his warrant to the treasurer of this colony, to pay so much money as shall be sufficient to defray the charges of purchasing and importing the said organ, not exceeding the sum of two hundred pounds, who is hereby required to pay the same accordingly; which said last mentioned money, the said directors, shall also account for, at the next meeting of the Assembly, after the said organ shall be purchased and imported. | Directors impowered to send for an organ. | |
| CHAP. VII. | ||
| ||
| I. WHEREAS the act of the General Assembly, made in the twenty-second year of the reign of his present majesty, intituled, An act for altering the method of holding courts in the counties of Brunswick, |
223 [<== typo, should be 232.]
| Fairfax, Lunenburg, Frederick, Albemarle, and Augusta, will expire at the end of this session of Assembly: And whereas it is doubted whether, since his majesty's assent, to the act made in the twenty-second year of his reign, intituled, An act for establishing county courts, and for regulating and settling the proceedings therein, the same can be revived and continued; and it is highly necessary and expedient, to confirm all the process and proceedings, which have issued out, or been had, under the same act: | |
| 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 all writs and other process, at common law, or in chancery, and all suits and proceedings whatsoever, issued, granted, or prosecuted, at any time between the commencement of the said first mentioned act, and the passing of this act, now returned, or returnable, determined, or depending, in any of the said courts, be confirmed, and the same are hereby declared to be in full force, and as good and valid, to all intents and purposes, as if the said first mentioned act had not been suspended, or expired; any law, usage, or custom, to the contrary, notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That all causes now depending and undetermined, in any of the said courts, shall be transposed, and carried out of the rule dockets, for each of the said courts, into the court dockets thereof, in the same order as they now stand in the rule dockets, in the said several courts respectively, and shall be proceeded in according to the method used in monthly courts. |
| CHAP. VIII. | ||
| ||
| I. WHEREAS the exportation of lumber is a considerable and beneficial branch of the trade of this colony, but for want of a legal regulation of the several sizes and dimensions, the value has been greatly lessened abroad, 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 first day of January next, all staves, heading, and shingles, exported out of this colony to Madeira, or the West Indies, shall be of the full dimensions herein after expressed; that is to say: All pipe staves, exported to Madeira, shall be four feet, eight inches long, and four inches broad, and one inch thick, on the heart edge; all hogshead staves, shall be three feet, six inches long, four inches broad, and three quarters of an inch thick; all hogshead heading, two feet, eight inches long, seven inches broad, and one inch thick, upon the heart edge; all barrel staves, shall be two feet eight inches long, four inches broad, and three quarters of an inch thick; all barrel heading eighteen inches long, six inches broad, and three quarters of an inch thick on the heart edge, and all the aforesaid staves and headings clear of sap; all shingles shall be eighteen inches and a half long, five inches broad, and five eighths of an inch thick; which said several sorts shall be of the dimensions aforesaid, at the least, and well got, of good, sound, merchantable timber. | The dimensions of staves, heading, and shingles. | |
| III. And for the better putting this act in execution, Be it further enacted, by the authority aforesaid, That in every county of this dominion, lying upon a navigable river, or creek, the court thereof, shall, and is required, in the months of August, or September, annually, to nominate and appoint, one or more, fit and able person, or persons, residing within their | The county courts to appoint viewers. |
| county, to view all staves, headings, and shingles, intended for exportation; and every
person so appointed, shall, at the next court after his appointment, in open court, take the
following oath, to wit, I A. B. do swear, that I will, and when thereto required, carefully and diligently view all staves, headings, and shingles, intended to be exported, and which shall be to me produced, and that I will not knowingly pass or certify any such, except I shall find the same to be of the dimensions by law required and directed. − So help me God. The taking of which oath shall be recorded, and thereupon every such viewer shall be, and is hereby authorised and required, upon notice to him given, to attend at any convenient landing, to which the commodities aforesaid, or any of them, shall be brought for shipping off, and to view the same, and shall give one or more certificate or certificates, to the party or parties requiring the view, of the just number, and the sorts of each by him viewed and passed, and of what timber; which certificate or certificates shall be delivered to the master or mate of the vessel, wherein the goods, so viewed and certified, shall be shipped; and every viewer, for the services by him so done and performed, shall be paid by the party requiring his attendance, after the rates following, that is to say, for every gross thousand of pipe staves, six score to the hundred, two shillings; for every such thousand of hogshead staves, or headings, one shilling and three pence; for every such thousand of barrel staves, or headings, one shilling; for every thousand shingles, four pence, and proportionably for a greater or less quantity; and if any viewer, so as aforesaid appointed and sworn, shall refuse or neglect to attend and execute his office when required, not being hindered by sickness, or other just cause, or shall demand and take any other, or greater fee or fees, than herein before allowed him, he shall forfeit and pay fifteen shillings current money, for every such offence; and if he shall wilfully or knowingly, pass and certify any staves, headings, or shingles, of less dimensions than by this act required; he shall forfeit and pay two shillings for every hundred thereof, and proportionably for a greater or less quantity; both which penalties, shall and may be recovered with costs by the informer, or party |
Their oath. Their duty. Their fees. Penalty on them for neglect; or for passing staves, &c. of less dimensions than this act equires. |
| grieved, to his or her own use, before a justice of the peace. | ||
| IV. And be it further enacted, by the authority aforesaid, That every master of a ship or vessel, clearing out for Madeira or the West-Indies, shall make oath, before the naval officer of the district by whom he shall be cleared, that he hath not taken or suffered to be taken on board his ship or vessel, any staves, headings, or shingles, without such certificate, as by law required; which oath the respective naval officers of this colony are hereby impowered and required to administer: And if any master of a vessel shall presume to take, or permit to be taken on board his vessel, any of the commodities herein before enumerated, without such certificate as by this act required, he shall forfeit and pay twenty pounds current money, one moiety to the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof; the other moiety to the informer, to be recovered with costs, by action of debt, or information, in any court of record of this dominion. | The masters of ships oath. Penalty on them if they take on board any staves, &c. without the viewer's certificate. | |
| V. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, for, and during the term of two years, from and after the commencement thereof, and from thence to the end of the next session of Assembly. | The continuance of this act. | |
| CHAP. IX. | ||
| ||
| I. WHEREAS a fraudulent practice hath been lately introduced, of importing wines to this colony, from the island of Madeira, in casks containing less than the true guage, 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, | The quantity pipes, hhds. and |
| That all pipes, hogsheads, and quarter-casks of Madeira wine, which shall be imported to this colony after the first day of April, which shall be in the year of our lord, one thousand seven hundred and fifty three, shall contain the several quantities following, that is to say; every pipe, one hundred and twenty gallons; every hogshead, sixty gallons; and every quarter-cask, thirty gallons, at the least. | quarter-casks are to contain. |
| III. And be it further enacted, by the authority aforesaid, That if any person, or persons, after the time aforesaid, shall sell any Madeira wines, in any pipes, hogsheads, or quarter-casks, containing less than the quantities beforementioned, respectively, every person so offending, shall forfeit and pay to the person or persons buying the same, for every gallon under the guages aforesaid, the sum o twenty shillings; to be recovered with costs, by action of debt, in any court of record in this dominion, where such penalty shall exceed twenty five shillings current money, otherwise before a justice of peace. | Penalty on those who sell any under the true guage. |
| Pages 193-215
| Pages 236-260
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