Pages 425-452 
|  Pages 475-496
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| Pages 425-452
| Pages 475-496
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| ANNO REGNI GEORGII II, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, vicesimo octavo. 
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Robert Dinwiddie, esq. Governor. | |||
CHAP. I. | ||||
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| I. WHEREAS it is found necessary that a sum of money should be raised, for the further protection of | Preamble. |
| his majesty's territories, in this colony, against the encroachments of the French: And this present General Assembly being desirous that the same should be done, by way of a Lottery, as the most easy and effectual method. | |
| 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 following persons, to wit, John Robinson, Charles Carter, Peyton Randolph, esquires, Landon Carter, Carter Burwell, Benjamin Waller, and James Power, gentlemen, shall be managers and directors for the preparing and delivering tickets, and to oversee the drawing of the lots, and to order, do, and perform such other matters and things as are hereafter, in this act, directed and appointed to be done and performed by such managers and directors. | Managers. |
| III. And be it further enacted by the authority aforesaid, That the said managers and directors, and every of them, before they enter upon the execution of the trust hereby reposed in them, shall take the following oath, that is to say, | |
| "I A. B. do swear, that I will faithfully execute the trust reposed in me, and that I will not use any indirect art or means, or permit or direct any person to use any indirect art or means, to obtain a prize or fortunate lot, for myself or any other person whatsoever; and that I will do my utmost endeavour to prevent any sinister or undue practice to be done, by any person whatsoever, and that I will, to the best of my judgment, declare to whom any prize, lot, or ticket, of right does belong, according to the true intent of this act." | Their oath. |
| And shall moreover enter into bond, with one or more sufficient security, in the penalty of twenty five thousand pounds, payable to his majesty, his heirs and successors, conditioned that he the said manager and director shall, and will, well and truly execute the trust and confidence reposed in him by this act, and render a just and true account of his actings and doings, receipts and payments, and all other things by him done and performed, by virtue and in pursuance of this act, to the General Assembly, when thereto required. | To give bond. |
| IV. And be it further enacted by the authority aforesaid, That the said managers and directors shall meet | The tickets. |
| together from time to time, at some public office or place, for the execution of the powers and trusts reposed in them by this act, and that the said managers and directors, or the major part of them, present at any such meeting, shall cause books to be prepared, in which every leaf shall be divided or distinguished into three columns, and upon the innermost of such columns there shall be printed twenty five thousand tickets, numbered, one, two, three, and so onwards in arithmetical progression, where the excess is to be one, until they arise to and for the number twenty five thousand, and upon the middle column of every of the said books there shall be printed twenty five thousand tickets, of the same length, breadth, and form, and numbered in like manner, which tickets shall severally be of such figure and form as the managers and directors, or the major part of them, shall think most save and convenient; and upon the third or extreme columns there shall be printed a third rank or series of tickets, of the same form and numbers with those in the two other columns; and upon every such ticket, in the third or extreme column of the said books, shall be written or printed, besides the number, words to this effect (received of for this ticket one pound one shilling and six pence, current money) which shall entitle the proprietor of the same to such prize as shall be drawn against the said ticket. | |
| V. And be it further enacted, by the authority aforesaid, That the managers and directors aforesaid, or the major part of them, shall, and they are hereby impowered to appoint such person or persons, as they or the major part of them shall find necessary, for the disposal of the said tickets, to be receivers of the several sums of money before expressed ,for the price of the said tickets, they the said managers and directors, first taking from such receiver or receivers, so appointed, such security, for the due answering and paying the moneys which they shall receive for the tickets to them delivered, to be disposed of as the said managers and directors, or the major part of them, shall judge reasonable and sufficient in that behalf; and the said managers and directors, or the major part of them, shall deliver to such receiver and receivers, such, and so many of the said books, as to them shall seem necessary, for the disposal of the said tickets; | Managers to appoint a receiver. |
| and every such receiver shall, and he is hereby required, upon his receiving the above mentioned sum of one pound one shilling and six pence, for any one of the said tickets, from any person adventuring in the said lottery, to cut out of the extreme column of the said books, indentwise, a ticket, and deliver the same to the adventurer; and the said receiver shall permit such adventurer, if he thinks fit, to writ his name, or mark, on the two corresponding tickets in the said book. | |
| VI. And be it further enacted, by the authority aforesaid, That every such receiver, so appointed, shall re-deliver the said book, or books, back to the said managers and directors, on or before the twentieth day of November, at their said office or place of meeting, and therein all the tickets of the first and second column before mentioned, and so many [ of the ] tickets in the third or extreme column, as such receiver shall not have cut out and delivered to any adventurer, for their money as aforesaid, and shall then and there deliver to the said managers and directors a true and just account in writing, under his hand, of all sum and sums of money that shall have come to the hands of such receiver, by, and for, the tickets delivered out as aforesaid, and shall then and there pay all the money, by them respectively received, into the hands of the said managers and directors; and the said managers and directors, or the major part of them, that shall be present at a meeting as aforesaid, shall cause all the tickets in the middle column of the books which shall be delivered back to them by the said receiver or receivers (in case all the corresponding tickets in the extreme column shall have been cut out and disposed of, for money, as aforesaid) to be likewise cut out, indentwise, and carefully rolled up, and made fast with thread or silk, and in the presence of the said managers and directors, or the major part of them, as aforesaid, and in the presence of such of the adventurers as will be there, the said managers and directors shall cause all the tickets so rolled up and made fast, to be put into a box prepared for this purpose, which shall be made in a circular form, and to turn on an axis, and marked with the letter A, which is to be put into another strong box, to be locked with seven different locks, the keys of which shall be kept by as many different managers, and sealed with their seals, | Receiver's duty. |
| until the said tickets shall be drawn, as is herein after mentioned; and that the tickets in the first or innermost column of the said books shall remain in the books, for discovering any mistake or fraud, in case any such shall happen. | |
| VII. And be it further enacted, by the authority aforesaid, That the said managers and directors, or the major part of them, shall cause to be prepared other books, in which every leaf shall be distinguished into two columns, and upon the innermost of those columns shall be printed two thousand and fifty tickets, and upon the outermost of the said two columns two thousand and fifty tickets shall be printed, of equal length and breadth as near as may be, to be joined with some flourish or device, through which the outermost tickets are to be cut indentwise, which said tickets are not to be numbered, but to be written or printed upon in figures, and in words at length, as follows, that is to say, | |
| Upon one of the said tickets, l. 2000 Two thousand pounds current money. Upon one other, l. 1000 One thousand pounds current money. Upon four other, l. 500 Five hundred pounds current money. Upon five other, l. 200 Two hundred pounds current money. Upon six other, l. 150 One hundred and fifty pounds current money. Upon eight other, l. 100 One hundred pounds current money. Upon fifteen other, l. 50 Fifty pounds current money. Upon fifty other, l. 20 Twenty pounds current money. Upon one hundred and fifty other, l. 10 Ten pounds current money. Upon eighteen hundred and ten other, l. 5 Five pounds current money. |
The prizes. |
| which will amount in the whole to the sum of twenty thousand pounds current money, and all the remaining tickets in the said box, numbered A, shall be deemed blanks, or unfortunate tickets; and after the said tickets are written, or printed upon, as aforesaid, in the presence of the said managers and directors, or the major part of them, and of such adventurers as will be there present, they shall be carefully rolled up, and fastened with thread or silk, and put into another |
| box, marked with the letter B, prepared for that purpose, in the same manner as the box numbered A is before directed to by, which box shall also be put into another strong box, to be locked with seven different locks, the keys of which shall be kept by as many different managers and directors, and sealed with their seals until the said tickets shall also be drawn, in the manner hereafter directed. | |
| VIII. And be it further enacted, by the authority aforesaid, That the said managers and directors shall, on the eleventh day of December next ensuing, in case all the said tickets shall then be sold, proceed to the drawing of the same, which shall be done in the manner following, that is to say, the said managers and directors shall cause the said two boxes, locked as aforesaid, to be carried into the room where the Burgesses meet, in the Capitol, by ten of the clock in the forenoon, and placed on a table there for that purpose, and shall then and there severally attend this service, and cause the two innermost boxes, containing the said tickets, to be taken out of the boxes in which they were locked up, and the tickets or lots contained in the respective innermost boxes, being in the presence of the said managers and directors, or such of them as shall be then present, and of such adventurers as will be there, for the satisfaction of themselves, well shaken and mixed in the respective boxes, by turning the same round fifteen minutes before any ticket is drawn, and half a minute between drawing each ticket, and then some one fit and indifferent person to be then appointed by the said managers and directors, or the major part of them that shall then be present, shall take out or draw one ticket out of the box number A, and one other fit and indifferent person, to be appointed in like manner, shall presently take out a ticket, or lot, from the box number B, which two tickets shall instantly be held up to public view, and then one of the said managers and directors shall open the ticket drawn out of the box number A, and read the number of such ticket aloud, and deliver it to one other of the said managers and directors, who shall also read the same aloud, and then one other of the said managers and directors shall take the ticket, or lot, drawn out of the said box number B, and read the figures and words thereon printed, or written, aloud, and then deliver each ticket, or lot, to one | The time and method of drawing. |
| other of the said managers or directors, who shall also read such figures and words aloud, and then the number and prize of such ticket shall be entered, by the clerks appointed to attend the drawing of the said lottery (who shall severally take an oath, well and faithfully to write down the number of tickets drawn out of the box number A; and whatever shall be printed or written on the tickets or lots drawn out of the box number B.) in books to be prepared for that purpose, which clerks the said managers and directors shall employ and oversee, and cause them to write in separate columns the number of the ticket drawn out of the box number A, and whatever shall be printed or written in figures or words on the ticket or lot drawn out of the box number B, and then the said managers and directors shall file the said tickets and prizes together, on files to be prepared for that purpose, and so the drawing, entering, and filing shall continue, allowing half a minute for turning the wheels, between drawing each ticket, until the whole number of tickets, or lots, contained in the box number B shall be drawn. | |
| IX. And be it further enacted, by the authority aforesaid, That at any time after two days, after the drawing shall be finished, the several adventurers their agents or assigns, who shall be actually possessed of the numbered tickets, for which fortunate lots shall be drawn, as aforesaid, shall and may appear with the said tickets in their respective possessions, before the said managers and directors, to the end that the said managers and directors, or the major part of them, that shall be present at a meeting as aforesaid, may know and write down the names of the respective persons to whom the fortunate lots shall belong, and the several sums of money so printed or written on the said fortunate tickets, or lots, respectively, shall be paid by the said managers, and directors, to the person or persons entitled to the same. | |
| X. Provided always, That no person, or persons, claiming any sum or sums of money by virtue of this act, shall be entitled to the same if not demanded in six months after the drawing the said lottery is finished; but the prizes, not demanded in that time, shall be applied to the public use. | Proviso. |
| XI. And be it further enacted by the authority aforesaid, That in fifteen day after the drawing the said |
| lottery is finished, the said managers and directors shall cause to be printed, in the Gazette, the number of the ticket drawn against each fortunate ticket, or lot, with the sum such fortunate ticket or lot contains, to the end the fortunate adventurers may have notice thereof: And if any dispute or contention shall arise, about or concerning the property of any ticket, the said managers and directors, or any [major] part of them, shall determine to whom it does belong: And if any person or persons shall forge, or counterfeit, any such ticket or tickets, or bring any forged or counterfeited ticket, or tickets, knowing the same to be such, to the said managers and directors, or any of them, to the intent to defraud any adventurer, upon this act, or any other person, or persons; that then every such person and persons so offending, being thereof convicted, in due form of law, shall be adjudged a felon, and shall suffer as in cases of felony. | The fortunate tickets to be published in the Gazette. Managers to determine disputes concerning the property of any ticket. To counterfeit a ticket, felony. |
| XII. And be it further enacted by the authority aforesaid, That out of the money arising by the sale of tickets, as aforesaid, the managers and directors, aforesaid, shall be allowed one per centum upon the whole money received for such tickets, in consideration of their trouble, and providing tickets, books, boxes, clerks, and all other things necessary to be done and provided by them, in and about the execution of this act; and that out of the said money shall be allowed, to the persons appointed to sell the said tickets, two pence for every ticket so to be sold by them, respectively, as a reward for their trouble therein. | Managers & receivers commissions. |
| XIII. And be it further enacted, by the authority aforesaid, That all the money remaining in the hands of the said directors, and managers, after the deductions aforesaid, and paying off all the prizes, or such of them as shall be demanded, as herein before is mentioned, shall be by the said managers and directors paid to John Robinson, esquire, treasurer of this colony, or the treasurer of the colony for the time being, appointed by, and pursuant to, an act of Assembly; to be applied and disposed of, in the same manner, and to and for the same uses, as the money raised by one act intituled, An act for raising the sum of twenty thausand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French, is by the said act directed and appointed to be applied. | Managers to pay the money they receive to the treasurer. |
| XIV. And be it further enacted, by the authority aforesaid, That it shall and may be lawful, for any person or persons, natives or foreigners, bodies politic or corporate, to contribute, for or towards the advancing of the sum of six thousand pounds, current money, by paying, at or before the ninth day of December next, to the person or persons appointed to receive the same, the sum of one pound one shilling and six pence, current money, for every ticket so taken out of the said book, or books, by such person or persons, natives or foreigners, bodies politic or corporate. | Lawful to purchase tickets. | |
| XV. And be it further enacted, That if all the said tickets shall not be sold or disposed of, before the time herein before appointed for the drawing the same, that then the tickets remaining unsold, shall be drawn on account, and for the use and benefit of the country. Provided the same do not exceed five thousand; but if the remaining tickets shall exceed that number, then the said managers shall give public notice thereof, by advertising the same six times in the Virginia Gazette, and in that case shall repay to the several purchasers of tickets, their executors, administrators or assigns, so much money as shall have been by them respectively paid, or laid out in the purchase of such tickets. | Method if all the tickets be not sold by the time appointed. | |
CHAP. II. | ||
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| I. WHEREAS by an act passed at a former session of this present General Assembly, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects, against the insults and encroachments of the French; it is | Preamble. |
| amongst other things enacted, that the sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, should be paid by every tithable person within this dominion, on or before the tenth day of April, now last past, to the sheriff of each county; and the further sum of two shillings and six pence, or thirty pounds of tobacco, at the option of the payer, should also be paid to such sheriff, by every such tithable person, on or before the tenth day of October, now next ensuing, to be collected, levied, accounted for, and applied as in the said act of Assembly is directed. And whereas it hath been doubted, whether the sheriffs in this colony are to collect the last mentioned duty or tax, from the tithable persons according to the lists taken before, and subsisting at the time of passing the said act, or according to the lists to be taken this present year, for explaining whereof, | |
| 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 last mentioned tax or duty, of two shilling and six pence, or thirty pounds of tobacco, shall be paid to and received by the sheriff of each county, according to the lists of tithables taken and returned for this present year. And that the clerks of the several county courts, shall, as soon as such lists be taken and returned to them, respectively, make out and deliver to the sheriff of the county fair copies of such lists, for such sheriff's direction in collecting the said duty. | According to what lists of tithables sheriffs are to collect the duty. |
| III. And be it further enacted, That where the sheriffs shall discover any tithables not inlisted, such sheriff shall be and is hereby impowered and required to collect and levy the said duty of two shillings and six pence, or thirty pounds of tobacco, upon the persons so discovered, and account for upon oath, and pay the same in the same manner as if such tithables had been inlisted. And where any sheriff dies, or is removed from his office before he hath collected all the said duties respectively, it shall and may be lawful for the succeeding sheriff or sheriffs, to make distress upon the slaves, goods, or chattels, to the person or persons so chargeable, and to make sale thereof, in the manner by law directed, in the case of other distresses. And whereas many persons chargeable with the | How the sheriff is to act if any tithable should not be listed, or the duty not paid. |
| tax or duty aforesaid, have (imagining that they were obliged to pay the whole tax, ordered to be levied in the said act, according to the list of tithables, taken before the passing the said act) to avoid any further trouble, paid the whole tax into the hands of the sheriffs of their respective counties. | |
| IV. Be it further enacted, by the authority aforesaid, That in every such case, where the person paying the same can make it appear, either by the receipt of the sheriff, or other legal proof, that he, or she, has already paid the last mentioned, tax, in the act before mentioned, that then so much of the money, that shall appear to have been paid, as aforesaid, shall be allowed by the sheriff in the collecting the last mentioned tax, according to the explanation given by this act. And whereas it hath been represented, that it is necessary in this time of danger, that Fort Cumberland, in Maryland, should be immediately garrisoned. | Where the whole duty has been paid to a former sheriff. |
| V. Be it further enacted, That the sum of six hundred pounds be paid by the treasurer of this colony, out of the money raised, or to be raised, by the taxes imposed by the said act, to the honourable Robert Dinwiddie, esquire, his majesty's lieutenant governor, and commander in chief of the colony and dominion of Virginia; to be applied towards garrisoning the said fort. And whereas it is necessary that the further sum of ten thousand pounds current money, should be raised for the purposed mentioned in the said act: | Fort Cumberland garrisoned. |
| VI. Be it further enacted by the authority aforesaid, That the sum of two shillings shall be paid for every tithable negroe, mulatto, or Indian slave, within this colony, by the owner or proprietor thereof, to the sheriff of the county where in such tithables are inlisted, on or before the tenth day of April, next ensuing. And that the sum of one shilling and three pence for every hundred acres of land, and so proportionably for a greater or lesser quantity, shall be paid by the owner and proprietor thereof, on the same tenth day of April, to the sheriff of the county where such lands lie, and to be collected by and according to the rent roles delivered to the sheriffs respectively, for the collection of his majesty's quit-rents. And for enabling the sheriffs to collect the said land tax, from the proprietors of land, within the territory of the right honourable Thomas Lord Fairfax. | Duties on negroes per poll. Land tax. |
| VII. Be it further enacted, That every such proprietor shall on, or before the first day of January next, deliver to the sheriff of the county wherein he or she shall reside, a just and true account of the quantity of land by him or her held within the territory aforesaid, according to the quantity for which they usually held the same; and every person failing or refusing so to do, shall forfeit and pay the sum of ten pounds, to our sovereign lord the king, to the same uses, as the tax hereby laid is appropriated, and to be recovered with costs by action of debt or information, in any court of record within this dominion; and the sheriffs of the several counties within the said territory are hereby required to collect the said tax from the said proprietors, according to the accounts so to be delivered to them, and in case of failure in payment of the said respective duties or taxes, at the time aforesaid, it shall be lawful for the sheriff of each county to levy the same by distress and sale of the slaves, goods, or chattels of the persons so failing in like manner as is provided in case of other distresses; and where there are no effects to be found upon the lands, hereby chargeable with the said tax, it shall be lawful for the sheriff of the county where such lands lie, or the sheriff of the county where the proprietor of such lands lives, to levy the said tax upon the estate of such proprietor, wherever the same can be found, which sums of money, so to be collected shall be by the sheriffs respectively accounted for upon oath, and paid to John Robinson, esquire, treasurer of this colony, or to the treasurer, for the time being, appointed by or pursuant to an act of Assembly, on or before the tenth day of June, next ensuing, after deducting four per centum, for his salary, in collecting the same, and to be accounted for by the said treasurer to the General Assembly, after deducting five per centum for his salary, in receiving and paying the same. | Method of collecting the land tax, in the northern neck. |
| VIII. And be it further enacted, That the sheriff of every county, shall at the first or second court, to be held for his county, after the passing this act, give bond and security, for the due collection and payment of the money, laid and assessed by this act: And if such sheriff shall die or be removed from his office, before the collection is made, the succeeding sheriff, shall in like manner give bond and security, at the time he shall be sworn into his office. And if any | Sheriff to give bond. |
| sheriff shall refuse or fail to give security, according to this or the herein before recited act, the county courts are hereby impowered and required to appoint some other person to collect the duties imposed by this and the said recited act, who shall give bond and security, in like manner, and shall have power and authority, and are hereby required, to collect, levy, and account for the said duties in the same manner, and is directed in the case of the sheriff. And if any sheriff or collector, shall neglect or refuse to account for and pay the same accordingly, after deducting the several sums, chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, or collector, upon a motion to them made by the treasurer, to give judgment against such sheriff or collector, and his security, for all the money wherewith he shall be chargeable, by virtue of this act and thereon to award execution. Provided that such sheriff or collector have ten days previous notice of such motion. | |
| IX. And be it further enacted by the authority aforesaid, That the said treasurer shall out of the money raised, or to be raised, for the protection of his majesty's subjects, against the insults and encroachment of the French, pay to the honourable Robert Dinwiddie esquire, lieutenant governor, and commander in chief of this dominion, a sum of money not exceeding two thousand pounds, to be laid out for and in the raising and maintaining three companies of men, consisting of fifty men each, with their officers, to be employed as rangers, for the protection of the subjects in the frontiers of this colony, as the governor shall direct from time to time, and shall not be sent out of this colony, nor incorporated with the soldiers now in his majesty's service, or made subject to martial law. And in case the said number of men, cannot be raised, by such as will voluntarily enlist io the said service, it shall and may be lawful for the county lieutenant, or chief officer of the militia of each of the counties of Frederick, Hampshire, and Augusta, by direction from the governor, to draft out to the militia, of the said counties, respectively, such and so many young men of their militia who have not wives or children, as will make up the said number, to be employed in the said service. And if any | Money appropriated. Rangers to be enlisted, or drafted, of single men. |
| person so drafted shall refuse to serve accordingly, every person so refusing shall forfeit and pay the sum of ten pounds to our sovereign lord the king, to the same uses as the tax hereby laid is appropriated, and in case of failure in paying down the same, to such officer (to be by him paid to the sheriff of the county, and accounted for and paid by the sheriff to the treasurer, with the tax aforesaid) or giving sufficient security for the payment of the same, on the tenth day of April next; then such person shall by warrant, from any justice of the peace of the county, be committed to goal, there to remain until he shall agree to enter into the said service, or pay the said penalty, or give security for the same, as aforesaid. | |
| X. And 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 slaves imported, or brought into this colony and dominion for sale, either by land or water, from any part or place whatsoever, by the buyer, or purchaser, after the rate of ten per centum, on the amount of each respective purchase, over and above the several duties already laid on slaves, imported as aforesaid, by an act, or acts of Assembly, now subsisting, and also over and above the duty laid by an act, intituled, An act for the encouragement and protection of the settlers upon the waters of the Missisippi; made in the twenty seventh year of his present majesty's reign, and continued this present session of Assembly for the further term of three years, which said additional duty, shall be paid, collected, and accounted for in such manner and form, and according to such rules, and under such penalties and forfeitures as are mentioned, prescribed, and appointed for the paying, collecting, and accounting for the duties already raised and imposed upon slaves imported, by the several acts of Assembly now in force; and that every article, rule, and clause, contained in the said acts, concerning the paying, collecting and accounting for the said former duties, shall be used, exercised, and put in practice, for paying, collecting, and accounting for the said duty hereby imposed, as if the same articles, rules and clauses were inserted in this act. | Duty on slaves imported. |
| XI. And be it further enocted, That this act as to so much thereof, as relates to the levying and paying the | Continuance of the duty |
| said duty of ten per cent. as aforesaid, shall continue, and be in force, for and during the term of three years, and no longer. | on slaves imported. |
| XII. And be it further enacted, That the sum of ten thousand pounds, out of the money to be raised in pursuance of this act, and paid to the treasurer, as aforesaid, shall be applied and disposed of in like manner, and to and for the same uses, as the money raised by the herein before recited act, is by the said act directed and appointed to be applied. And whereas by reason of the great scarcity of gold and silver in this colony, the tax imposed by the said act, cannot be collected in time to answer the purposes thereby intended. | Appropriation. |
| XIII. Be it enacted, by the authority aforesaid, That it shall and may be lawful for John Robinson esquire, or the treasurer for the time being, appointed by or pursuant to an act of Assembly, to issue or emit at any time or times, before the tenth day of June next ensuing, and not after, in such proportions as he shall find necessary to answer the demands that shall be made upon him for the purposes aforesaid, any number of treasury notes, so as the whole sum of such notes, so to be issued shall not exceed the sum of twenty thousand pounds current money, which notes shall be prepared, printed, or engraved, and numbered, and signed in such form, and after such method as he the said John Robinson, or the treasurer for the time being, appointed as aforesaid, shall judge most convenient for circulating in payments, and safe from counterfeits and forgeries. | Treasury notes to be emitted. |
| XIV. And be it further enacted, That all such notes so issued, shall be redeemable on the last day of June next, and shall then be paid by the said treasurer, with interest, at the rate of five per centum per annum, from the date thereof. And further that all such notes, shall be received and pass, as a lawful tender in any payment, for any debt, demand, or duty whatsoever; except for payment of his majesty's quit-rents, from and after the issuing of the same, for and during the time before specified, for their redemption at the treasury as aforesaid. | Their currency and redemption. |
| XV. And be it further enacted by the authority aforesaid, That if any person or persons, shall forge or counterfeit, alter or erase, any treasury note, issued by virtue of this act, or shall tender in payment by | Felony to counterfeit them, or pats off, knowing |
| way of barter, or otherwise, to any person whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged, or counterfeited, altered or erased, every such person or persons, so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy. | them to be forged. | |
| XVI. And be it further enacted by the authority aforesaid, That so much of the money arising or accruing by virtue of the said act, as shall not be issued or applied for the purposes, and in the manner by the said act directed, and the money to be raised by virtue of this act, shall stand, be, and remain, as a security for the redemption of the said treasury notes so to be issued, and the said John Robinson, or the treasurer for the time being, to be appointed as aforesaid, is hereby required to apply all such money, as shall come to his hands, by virtue of this, and the said recited act, for and towards the redemption of such treasury notes, and to no other purpose. | Security for their redemption. | |
CHAP. III. | ||
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| I. WHEREAS by one act of Assembly, made in the twenty seventh year of his present majesty's reign, intituled, An act for the encouragement and protection of the settlers upon the waters of the Missisippi, it is among other thing enacted, that from and after the passing thereof, there shall be levied and paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony | Preamble. |
| and dominion for sale, either by land or water, from any part or place whatsoever, by the buyer or purchaser after the rate of five per centum, on the amount of each respective purchase, over and above the duty already laid upon slaves imported, as aforesaid; which said additional duty shall be paid, collected, and accounted for in such manner and form, and according to such rules, and under such penalties and forfeitures, as are mentioned, prescribed and appointed, for the paying, collecting, and accounting for the duty already raised and imposed upon slaves imported, by the several acts of Assembly now in force, and made for that purpose; and that every article, rule, and clause, contained in the said acts, concerning the paying, collecting, and accounting for the said former duty, shall be used, exercised, and put in practice, for paying, collecting, and accounting for the said duty, by the first mentioned act imposed, as if the same articles, rules and clauses, were inserted in the said act. And moreover the duty of twenty shillings, for every coach, chariot, and other four wheeled carriage, (waggons excepted) and ten shillings, for every chair, and two wheeled chaise, to be paid by the owner or proprietor thereof; and that every such owner or proprietor, some time before the tenth day of April yearly, shall deliver a list of each, and every such carriage, to the clerk of the court of the county, wherein the owner shall reside, under the like penalty, and to be recovered in the same manner as is directed by the act of General Assembly in the case of concealing tithables, which clerk shall forthwith transmit a copy of such list to the treasurer, and deliver another copy thereof to the sheriff of the county; which duty shall be, by such sheriff, collected, levied, and accounted for, and paid to the treasurer, in the same manner as the duties above mentioned. And also the further duty of twenty shillings, for every ordinary licence, to be paid down by the person obtaining the same, to the clerk of the court where such licence shall be granted; and two shillings and six pence for every original writ, in any action, or suit, at common law, and subpœna in chancery, in the general court, for every summons on a petition, for lapsed lands, and for every caveat entered in the secretary's offibe, [office,] and one shilling and three pence, for every such writ or subpœna, in the county or other inferior court, to be |
| paid down by the plaintiff, in such suit, to the clerk of such court, before such writ, subpœna, or summons shall be issued, or caveat entered, but not taxed in the bill of costs; and, together with the duties upon ordinary licences, accounted for, upon oath, and paid by such clerk to the said treasurer, in the months of April and October, yearly, deducting after the rate of five per centum, for his trouble in receiving, accounting for, and paying the same: And if any such clerk shall neglect, or refuse to account for, and pay the said duties by him received, according to the directions to the said act, it shall be lawful for the general court, or the court whereef he is clerk, upon a motion to them made, by the treasurer, to give judgment against such clerk, for all the said duties so by him received, and thereon to award execution, then days previous notice being given of such motion, which said recited clause will expire on the fourteenth day of February, in the year of our Lord one thousand seven hundred and fifty seven, and it being necessary that the same should be further continued, for the purposes in the said act mentioned, and for discharging the public debts, and other exigencies of this government. | |
| 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 so much of the said act, intituled, An act for the encouragement and protection of the settlers upon the waters of the Missisippi, as is herein before recited, shall continue and be in force, from and after the said fourteenth day of February, one thousand seven hundred and fifty seven, for and during the term of three years from thence next following, and no longer. | Continuance. |
| III. Provided nevertheless, That where it is necessary in the general court, to sue out several capias's in one suit, at common law, or several subpœnas in chancery, the plaintiff or plaintiffs shall not be obliged to pay the duty for more than one writ or subpœna. | Proviso. |
| CHAP. IV. | ||
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| I. WHEREAS it is represented to this Assembly, that a clandestine and illicit trade is carried on from the British colonies, to the French and neutral islands, whereby those islands are supplied with provisions, for which they barter their distilled spirits, great quantities whereof have of late years been imported into this colony, to the great loss of the fair trader; for discouraging such practices for the future, | Preamble. | |
| II. Be it enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That for every gallon of brandy, rum, and other distilled spirits, not being produce of some of his majesty's sugar islands, which, from and after the first day of August next ensuing, shall be imported or brought into this colony, either by land or water, from any port or place whatsoever, except directly from Great Britain, or some of his majesty's sugar colonies, there shall be paid an additional duty, or custom, of four pence, by the owner or importer thereof, over and above all other duties now payable for the same, for and during the term of three years; which additional duty, or custom, of four pence per gallon, shall be paid, collected, and accounted for, in the same manner, and under the same regulations, restrictions, and penalties, as the duties now payable on liquors are prescribed to be paid, collected, and accounted for, by one act of Assembly, made in the nineteenth year of his majesty's reign, intituled, An act for reducing the laws, made for laying a duty on liquors, into one act of Assembly. | Duty. | |
| III. And be it further enacted, by the authority aforesaid, That if any question or dispute shall arise, whether any brandy, rum, or other distilled spirits, were imported directly from Great Britain, or some of his | Onus probandi on importer. |
| majesty's sugar islands, being the produce thereof or not, the onus probandi in every such case shall lie on the owner or importer thereof. | ||
| IV. Provided always, That nothing in this act contained, shall be construed to hinder ships, or other vessels belonging to the island of Bermuda, from importing directly from thence any rum, or other distilled spirits, being the produce of his majesty's sugar islands. | Proviso. | |
CHAP. V. | ||
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| I. WHEREAS the warehouses erected for the reception of tobacco, at Chilton's, in the county of Lancaster, and at Lawreuce's, in the county of Nansemond, are inconveniently situated. | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the tenth day of October, in the year of our Lord, one thousand seven hundred and fifty-six, the warehouses at Chilton's and Lawrence's shall be discontinued, and new warehouses erected on the land of Gawin Lowry on the south side the western branch of Corotoman river, in the county of Lancaster, and on the land of Thomas Milner, the younger, on the western branch of Nansemond river, in the said county of Nansemond. And whereas greater quantities of tobacco than usual have of late years been brought to the several warehouses hereafter mentioned, which hath much increased the labour and attendance of the inspectors at the said warehouses, | New warehouses erected. | |
| III. Be it therefore further enacted, by the authority aforesaid, That from and after the twentieth day of |
| October next, there shall be paid to the inspectors at Osborne's, in the county of Chesterfield, the sum of fifty pounds per annum; to the inspector's at Bolling's point, in the county of Dinwiddie, the sum of sixty pounds per annum; to the inspectors at Rockey Ridge, in the county of Chesterfield, the sum of forty pounds per annum, to the inspectors at John Bolling's warehouse, in the county of Chesterfield, the sum of thirty pounds per annum; to the inspectors at Page's and crutchfield's, in the county of Hanover, the sum of fifty five pounds per annum; to the inspectors at Fredericksburg, in the county of Spotsylvania, the sum of fifty pounds per annum; and to the inspectors at Warwick, on James river, the sum of fifty five pounds per annum; and to each of the inspectors at Occoquan, the sum of thirty five pounds per annum; and to each of the inspectors at Coan, the sum of thirty five pounds per annum, instead of the salaries now by law established. And whereas many frauds have arisen, by means of the inspectors paying the several pickers of refused tobacco attending their warehouses, out of the tobacco saved by the said pickers for their trouble in picking the same. | Inspectors salaries. |
| IV. Be it enacted, by the authority aforesaid, That the inspectors shall issue notes of all tobacco saved by picking, to the proprietors only of such tobacco, and not to the pickers of the same, and that the inspectors shall not suffer or permit any picker to prize up any tobacco that he shall have saved by picking for his own use. And for the settling what shall be paid by inspectors where tobacco shall be reviewed and burnt. | |
| V. Be it further enacted, by the authority aforesaid, That where any tobacco shall be offered or tendered in payment by any inspectors in discharge of their notes or receipts, and refused, and shall be afterwards adjudged bad, unsound, or unmerchantable, by three justices, and burnt according to the directions of the act of Assembly, made in the twenty second year of his present majesty's reign, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs, the justices so appointed to view, in case they condemn such tobacco, shall value the same in money, according to the current price of tobacco at such warehouse, and the inspectors shall immediately pay such valuation to the proprietor of | Inspectors to pay for tobacco condemned upon a view. |
| such tobacco; and if the inspectors shall refuse or fail to pay the same accordingly, it shall be lawful for the court of the county where the warehouse shall lie, upon a motion to them made, by such proprietor, to enter up judgment for such valuation against the inspectors so refusing or failing, and thereon to award execution. Provided, That the inspectors have ten days previous notice of such motion. | |
| VI. And whereas the public has sustained great losses, by means of the accidental burning of sundry warehouses appointed for the inspection of tobacco; and there being reason to suspect that such fires have, for the most part, happened from the careless burning of refused tobacco, and from fires made by persons coming to the warehouses; for remedy whereof, Be it enacted by the authority aforesaid, That within three months after the passing of this act, there shall be built by the proprietor in some proper place, convenient to every separate inspection, one brick square or funnel, six feet at least above ground, and four feet diameter, with a proper arch at the bottom of the same, for the burning of all the tobacco refused at the said inspection: And if the proprietor shall refuse to build the same, then the court of the county wherein such warehouse shall lie, shall build, at the charge of the said county, such square or funnel, and deduct the same out of the rent arising from the said warehouse. | Proprietors to build a brick square, for convenience of burning tobacco. |
| VII. And be it further enacted, That the inspectors failing or neglecting to see all the refused tobacco put into the said brick funnels or squares, and carefully burnt, shall forfeit and pay for every such neglect, the sum of ten shillings, to be recovered before any justice of the peace of the county wherein such warehouse shall lie, by the informer, for his own use. | Penalty on inspectors neglecting to burn refused tobacco. |
| VIII. And be it further enacted by the authority aforesaid, That if any person shall hereafter make any fire within any public warehouse, or without doors near to such house, other than in such squares or funnels, such person, if a freeman, shall, for every such offence, forfeit and pay the sum of ten shillings, to be recovered before any justice of the peace of the county wherein such offence shall be committed, by the informer, for his own use; and if a servant or slave, he or she shall, by order of any justice within such county receive on his or her bare back, ten lashes for every such offence. | The penalty on persons making fires in or near the public warehouse. |
| IX. And be it further enacted by the authority aforesaid, That if any person, intituled to receive a hogshead of tobacco by virtue of any inspector's note, or receipt, and refusing to accept of the tobacco offered or tendered in payment, shall not make application to the justices, according to the directions of the said act, within twelve months after the date of such note, or receipt, such justices, after the expiration of that time, shall not have power to view and examine such tobacco, and cause it to be burnt; any thing in the said act, or in any other act contained, to the contrary notwithstanding. | Justices no power to view after twelve months from the date of the note. |
| X. And be it further enacted, by the authority aforesaid, That no crop notes or receipts, of an older date than twelve months, shall be a lawful tender in discharge of any tobacco debt whatever, and that where any warehouse shall happen to be burnt, or the tobacco therein otherwise destroyed, the loss sustained thereby shall not be made good, and repaired, by the General Assembly, to the persons injured, where the notes or receipts for the tobacco, burnt or destroyed in such warehouse shall be of an older date than twelve months; any former law to the contrary notwithstanding. | Of what date notes are a legal tender, and if tobacco destroyed paid for by the public. |
| Pages 425-452
| Pages 475-496
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