Pages 521-544 
|  Pages 571-581
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| Pages 521-544
| Pages 571-581
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| CHAP. III. | ||
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| I. WHEREAS it is necessary in this time of extreme danger, that the act of Assembly made in the twenty second year of his majesty's reign, intituled, An act for making provision against invasions and insurrections, should be amended, the more especially, to prevent the incursions of the French and Indians, | 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 every officer of the militia, to whom notice shall be given of any invasion or insurrection, shall raise the militia under his command, and send intelligence to the county lieutenant, or in his absence to the chief commanding officer residing in the county, | Oofficers receiving notice of an invasion or insurrection to give notice to the county lieutenant. |
| as in the said recited act he is directed to do; and shall moreover, immediately proceed to oppose the enemy, according to the orders he shall receive from his chief commanding officer, until further orders arrive from the governor, or commander in chief of this dominion, for the time being, and such county lieutenant, or chief commanding officer, shall give immediate notice to the officers of the militia of the next adjacent counties, of such invasion or insurrection, and the situation and circumstances of the enemy, according to the best of his information and judgment; and such officer to whom such notice shall be given, if not the chief commanding officer in the county, shall give immediate notice to his commanding officer, of the information that he shall receive, who shall immediately raise the militia of his county, and march part thereof, (not exceeding two thirds) against such enemy, if the circumstances of the case shall require it, which shall be enquired into by a council of his field officers, and captains, or the major part of them; which council every such commanding officer is hereby impowered and required forthwith to summon and hold; and such commanding officer shall cause the remaining part of his militia not so marched, to remain in arms in the county, for the defence and protection thereof, until he shall receive orders from the governor, or commander in chief, as aforesaid. | |
| III. And be it further enacted, by the authority aforesaid, That any officer receiving information of any invasion or insurrection, from any officer of an adjacent county, in the manner herein before expressed, that shall refuse to raise his militia, and call a council of his field officers and captains, for the determination of what is necessary to be done on such information, shall forfeit and pay the sum of two hundred pounds, and every officer summoned to such council, as aforesaid, that shall refuse to attend the same, shall forfeit and pay the sum of fifty pounds. | Penalty on officers failing to call a council, and on officers summoned, failing to attend. |
| 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, | Fines. |
| in the best manner he is capable, every such officer so neglecting or refusing, shall respectively forfeit and pay the sums following, that is to say, every lieutenant of a county, the sum of two hundred pounds; every colonel, the sum of two hundred pounds; every lieutenant colonel, the sum of two hundred pounds; every major, the sum of one hundred pounds; every captain, the sum of seventy five pounds; every lieutenant, the sum of fifty pounds; every cornet or ensign, the sum of twenty five pounds; every quarter-master, serjeant, or corporal, twenty pounds. And every soldier who shall be summoned to appear upon 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 twenty pounds: And if any officer or soldier, during the time the militia shall be employed, for suppressing any invasion or insurrection under this act, shall desert the said service, or raise any mutiny or sedition, in the troop or company to which he belongs, or any other troop or company in the said service, or coming to the knowledge of any such mutiny or intended mutiny, shall not give information thereof, to his commanding officer, and use his utmost endeavour to suppress the same, shall suffer such corporal punishment, as shall be inflicted on him by a court martial, to consist of the field officers and captains then present, not extending to life or member. And every person holding correspondence with, or giving intelligence to the enemy, during the time such militia is employed, for suppressing such invasion and insurrection, shall suffer death, as in the cases of felony, without benefit of clergy, upon being thereof lawfully convicted before the general court of this colony. | Felony to hold correspondence with the enemy. |
| V. And be it further enacted, by the authority aforesaid, That every officer and soldier, who shall be raised and employed in his majesty's service, pursuant to any act of Assembly of this colony, and shall during the time he is employed in the said service, commit any of the offences mentioned in this act, every person so offending shall be subject to the like punishment, as is herein inflicted for such offence upon officers or soldiers of the militia, employed in suppressing invasions or insurrections; and that courts martial, for punishing such offenders, shall be held by the field | Officers and soldiers raised pursuant to any act, subject to the same penalties for offences mentioned in this act. |
| officers and captains, so employed in such service, or if there be no field officers, then by the captains only; and if any person guilty of mutiny or desertion cannot be apprehended, so as to be tried by such court martial, before the militia or soldiers, respectively, shall be discharged from the service they shall be employed in, at the time he shall so mutiny or desert, such person shall in such case, be liable to be apprehended, examined, and tried for such offence in any court of record. | |
| VI. And be it further enacted by the authority aforesaid, That in all trials of offenders by any court martial, to be held by virtue of this act, every officer present at such trial before any proceedings be had thereupon, shall take the following oath, (which the presiding officer then present, shall first take himself, and then administer to the others) that is to say, | Officers of court martial to take oath. |
| I A. B. do swear, that I will well and truly try and determine, according to the evidence in the matter now before me, between our sovereign lord the king, and the prisoner to be tried, and that I will duly administer justice according to the act of Assembly, intituled, An act for amending an act, intituled, An act for making provision against invasions and insurrections; without partiality, favour, or affection; and that I will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required, to give evidence there of as a witness, by a court of justice, in due course of law.−− So help me God. | The form. |
| And that such court martial shall have power to appoint a clerk, to keep a register of their proceedings, to whom the president of the court shall administer the following oath, to wit: | Court martial to appoint a clerk. |
| You shall swear, that you will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required, to give evidence thereof as a witness by a court of justice, in due course of justice. [law.]−− So help you God. | His oath. |
| VII. And be it further enacted, by the authority aforesaid, That if any inferior officer or soldier, during the time the militia shall be employed for suppressing any invasion or insurrection, as aforesaid, shall disobey the lawful commands of his superior officer, or behave himself refractorily, or shall be guilty of prophane | Punishment for disobeying command. |
| swearing, drunkenness, or any other such like offence, every person so offending, shall pay such fine, or suffer such corporal punishment, not extending to life or member, as by a court martial, to be held as aforesaid, shall be inflicted or imposed. | |
| VIII. Provided always, That no such person shall be adjudged to pay more than the sum of five pounds, or to receive more than twenty lashes, for any one of the said offences, nor be subject to a second trial for the same offence, after he hath been once condemned or acquitted thereof. | No more than five pounds or twenty lashes for one offence. |
| IX. And be it further enacted, That if any officer shall be sued for any thing by him done, in pursuance of this act, it shall and may be lawful, for such officer, to plead the general issue, and give the special matter and this act in evidence. | General issue may be plead, and the special matter given in evidence. |
| X. Provided always, That nothing herein contained shall extend, or be construed to extend, to impower the governor or commander in chief, to lead or march the militia of this colony, or cause them to be lead or marched, more than five miles beyond where the inhabitants of this colony, shall be settled on the western frontiers. | Militia not to be lead more than five miles beyond inhabitants. |
| XI. And be it further enacted, by the authority aforesaid, That if any officer of the militia shall upon receiving the orders of the governor, or commander in chief, or any his superior officer, for raising and marching the militia, according to this act, deliver up his commission, thereby intending to avoid the force of this act, and the punishment for disobeying such orders; every such officer so offending, shall be liable to the same penalty, as by this act is inflicted for disobeying or neglecting such orders, and shall be immediately inlisted as a common soldier by the next officer acting in command, which several fines herein before expressed, shall be recovered and appropriated in the same manner, and to the same uses, as is directed in the said recited act. | Where an officer cannot deliver up his commission. |
| XII. 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 or the said recited act, and to the lookouts, after the rates following, to wit: | The pay of the officers and soldiers drawn out into actual service. |
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| XIII. And be it further enacted, by the authority aforesaid, That every smith, wheel wright, carpenter, or other artificer, impressed and employed, as by the said recited act is mentioned, 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 tobacco per day; and every man impressed to go in a sloop or boat, fifteen pounds of tobacco per day: And where any sloop, boat, cart or waggon, impressed and appraised, according to the directions of the said recited act, shall be damnified, or horse or ox hurt, and no justice of the peace can be got to choose and appoint two indifferent persons to enquire into such damage, then the proprietor of every such sloop, boat, cart, waggon, horse or ox, shall be paid by the public, according to the appraisement thereof, made at the time of impressing the same. | The pay of smiths, wheel-wrights, carpenters, and other
artificers. Where waggons, boats, &c. impressed. | |||||||||||||||||||
| XIV. And be it further enacted, by the authority aforesaid, That if any soldier, drafted out of the militia to guard and attend any battery, pursuant to the | Fines on soldiers disobeying commands | |||||||||||||||||||
| directions of the said recited act, shall refuse to obey the commands and orders of the commanding officer at such fort, every such soldier so offending, shall forfeit and pay three pounds to our lord the king, or receive twenty lashes on his bare back, well laid on, for every such refusal. | of their officers at any battery, &c. | |
| XV. And be it further enacted, by the authority aforesaid, That this act shall be published at every general muster, during the continuance thereof, by order of the county lieutenant, or chief officer of the militia, then present, under the penalty of ten pounds, for every neglect. | This act to be published at every general muster. | |
| XVI. And be it further enacted, by the authority aforesaid, That so much of the said recited act, and all and every other act, for so much thereof, as is contrary to any thing within the purview of this act, be, and the same is hereby suspended during the continuance of this act; and that this act shall continue and be in force, from, and after the passing thereof, for, and during the term of two years, and no longer. | Repealing clause and continuance. | |
| XVII. And be it further enacted, That all the fines inflicted by this act, and not otherwise directed, shall be one half to our sovereign lord the king, for, and towards supplying with arms the militia of the county to which the offender belongs, and the other half to the informer, to be recovered with costs, by action of debt or information, in any court of record, within this dominion. | Appropriation. | |
 CHAP. IV. | ||
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| I. WHEREAS divers cruel and barbarous murders have been lately committed in the upper parts of this colony, by Indians, supposed to be in the interest of the French, without any provocation from us, and contrary to the laws of nature and nations, and they still continue in sculking parties, to perpetrate their barbarous | Preamble. |
| and savage cruelties, in the most base and treacherous manner, surprising, torturing, killing and scalping, not only our men, who live dispersedly in the frontiers, but also their helpless wives and children, sparing neither age nor sex; for prevention of which shocking inhumanities, and for repelling such malicious and detestable enemies, | |
| 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 sum of ten pounds shall be paid by the treasurer of this colony, out of the public money in his hands, to any person or persons, party or parties, either in the pay of this colony, or other the inhabitants thereof; for every male Indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed, within the limits of this colony, at any time within the space of two years, after the end of this session of Assembly. | 10l. for every male Indian scalp, above 12 years old. |
| III. Provided always, That in case the present hostilities shall cease, within the said two years, and the governor, or commander in chief of this colony, with the advice of the council, shall by proclamation signify the same, and direct the said reward to be discontinued, then the said reward, shall immediately after publishing the said proclamation, cease and be discontinued accordingly: And to entitle persons to the said reward; | How the reward may be discontinued. |
| IV. Be it further enacted, by the authority aforesaid, That every Indian enemy, so to be taken prisoner, shall be delivered to the keeper of the public goal in the city of Williamsburg, to be by him safely kept, until discharged by the governor, or commander in chief of this colony; and the scalp of every Indian, so to be killed or destroyed, as aforesaid, shall be produced to the governor, or commander in chief, and the person or persons taking prisoner, killing or destroying such Indian enemy, shall prove by affidavits, or his or their oath, the time and place of his or their performing the same before the governor, or commander in chief, who is thereupon desired to issue his warrant to the treasurer, for paying the reward aforesaid. And for preserving the lives and friendship of such Indians, as are under the protection of, or in alliance with his majesty. | How persons become entitled to the reward. |
| V. Be it further enacted, by the authority aforesaid, That if any person or persons, shall within the said two years, knowingly or wilfully kill or destroy any Indian in alliance, peace and friendship with his majesty and his subjects in this colony, the person or persons so offending, shall be adjudged a felon; and shall suffer as in cases of felony: And the governor is hereby desired to notify this act to the neighbouring Indians, under the protection of, or in alliance with his majesty, as soon as conveniently may be. | Felony to kill an Indian in alliance with his majesty. | |
CHAP. V. | ||
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| I. WHEREAS many of the sheriffs of this colony have of late years to the great prejudice of his majesty, kept the money collected by them for his quit-rents, and other dues in their own hands till judgment could be obtained against them at law; and it has been found, that the legal methods of proceedings on these occasions, are tedious and dilatory, and are an encouragement to such unjust practices; for remedy whereof, | Preamble. | |
| II. BE it enacted by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That if any sheriff has neglected, or shall hereafter neglect to pay to the officers of his majesty's revenue, on or before the day appointed by law for that purpose, such sum or sums of money, as such sheriff shall have received and collected for the quit-rents, and other dues of his majesty within his county, that then it shall and may be lawful for his majesty's receiver-general in this colony, at the next, or any other succeeding general court, to demand judgment against such sheriff; for the same with costs, and the said court is hereby | Judgment may be had in general court on sheriff failing to pay to the receiver general the quit-rents by him received he having ten days notice. |
| authorised and required to give judgment accordingly: Provided, Such sheriff have ten days previous notice thereof. | |
CHAP. VI. An Act to regulate the price of Indian Corn in the present scarcity. | |
| I. WHEREAS there is likely to be a great scarcity of Indian Corn in this colony, occasioned by the long drought, and it is apprehended that some persons through avarice, may be induced to exact and extort exorbitant prices for their corn, from the poor and necessitous; 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 it shall not be lawful for any person or persons to exact demand, charge or receive, from and after the passing of this act, until the tenth day of October, in the year, one thousand seven hundred and fifty six, from any other person or persons a greater price or value for their Indian corn or meal made of the same, than twelve shillings and six pence per barrel, delivered at their own houses, and so proportionably for a greater or lesser quantity, or if removed by the seller, and carried to the buyer, then with a reasonable allowance for the carriage or transportation thereof: And if any person or persons shall directly or indirectly exact, demand, charge or receive a greater price or value, from any other person or persons, for their Indian corn or meal made of the same, within the time aforesaid, he, she, or they so offending, shall forfeit and pay the sum of five pounds for every barrel of Indian corn or meal made of the same, or any lesser quantity thereof by him, her or them so sold, at a greater or higher rate, price or value, to be recovered with costs, in a summary way, by petition in any county court in this colony; one moiety thereof to the prosecutor, and the other moiety, to the churchwardens of the parish, | No person to demand more than 12s. 6d. per barrel for Indian corn. |
| where the offence shall be committed, for the use of their parish. | |
| III. And be it further enacted by the authority aforesaid, That if any person or persons, during the time the governor, or commander in chief, for the time being, with the advice of the council, shall by proclamation have prohibited the exportation of grain, shall export out of this colony by land, any wheat, Indian corn, pease or other grain, or any flour or meal made of the same, the owner or owners of such grain, flour or meal so exported, shall forfeit and pay double the value thereof, to be recovered and appropriated, as aforesaid. | Penalty on persons exporting rain when prohibited by proclamation. |
CHAP. VII. Act for prolonging the time appointed for drawing the public Lottery. | |
| I. WHEREAS by an act passed at the last session of this Assembly, intituled, An act for raising the sum of six thousand pounds by a lottery, for the further protection of his majesty's subjects, against the insults and encroachments of the French, it was amongst other things enacted, that the persons by the said act, nominated and appointed managers and directors, to oversee and direct the drawing of the said lottery, should on the eleventh day of December, next ensuing, in case all the lottery tickets should than be sold, proceed to the drawing of the same, according to the rules and directions in the said act prescribed: And further, that if all the said tickets should not be sold or disposed of, on or before the said eleventh day of Decmber, that then the tickets remaining unsold, should be drawn on account, and for the use and benefit of the country, provided, The same did not exceed five thousand; but that if the remaining tickets should exceed that number that then the said managers should give public notice thereof, by advertising the same, six times in the Virginia Gazette, and in that case, should repay to the | Preamble. |
| several purchasers of tickets, their executors, administrators or assigns, so much money, as should have been by them respectively paid or laid out in the purchase of such tickets. And whereas the time by the said act given, for the sale of the said lottery tickets is not sufficient, and it is necessary that the drawing of the said lottery, should be further prolonged, in case twenty thousand of the said tickets, should not be disposed of, on or before the [said] eleventh day of December: | |
| 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 in case it shall so happen, that twenty thousand of the said lottery tickets shall not be sold and disposed of, on or before the said eleventh day of December, next ensuing, that then the said managers and directors, shall on the sixth day of May, next following, proceed to the drawing of the said lottery at the place, and according to the rules and directions in the said recited act particularly expressed. | In what case time of drawing the lottery is to be continued. |
| III. And be it further enacted, That if all the said lottery tickets, shall not be sold or disposed of, before the said sixth day of May, 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, and repay to the purchasers of tickets, their purchase money, as in the said recited act is directed. | Where all the said tickets are not sold before the sixth day of May. |
CHAP. VIII. An Act for paying the Burgesses wages, for this present session of Assembly. | |
| I. WHEREAS by an act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, An act for regulating the election of Burgesses, for settling their privileges and ascertaining |
| their allowance; it is amongst other things enacted, that the allowance for Burgesses attending the General Assembly, should be as followeth, that is to say, for every Burgess coming by land, one hundred and thirty pounds of tobacco and cask a day, besides the necessary charge of ferriage: And for every Burgess who could not come to the General Assembly, otherwise than by water, one hundred and twenty pounds of tobacco and cask a day, to be paid them by the county, for which they serve respectively, besides an allowance for divers days of travelling to, and from the General Assembly, as in the said act is particularly mentioned. And whereas by one other act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages; it is amongst other things enacted, that when any session of Assembly should be hereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands, to discharge all the debts due from the public, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, leaving and reserving in the hands of the said treasurer, over and above the said payments, a balance of one thousand five hundred pounds, at the least; then every Burgess elected and serving for any county or corporation, should be paid out of the public money, the sum of ten shillings, for each day he should serve in the house of Burgesses, and for the days of coming to, and returning from the General Assembly, according to the first recited act, in lieu of all other demands for that service, with further allowance to the Burgesses of Accomack and Northampton, and others coming to the General Assembly by water, as in the said act is particularly directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged by money, according to the last mentioned act, and the same must be paid by the several counties: but for as much as the allowance according to the first mentioned act, are very unequal by reason of the various prices of tobacco in the different parts of the colony; for making the same more equal and just, |
| 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 several county courts within this colony, (except the counties of Augusta, Frederick, and Hampshire) shall at the laying of their next county levies, respectively, raise and levy so much tobacco, as will be sufficient to pay the wages of their respective Burgesses, for this present session of Assembly, according to the directions and regulations in the said last recited act mentioned, and shall cause the tobacco so levied, to be sold, and such wages paid out of the money arising by such sale, on or before the tenth day of July, which shall be in the year, one thousand seven hundred and fifty six; and that the several county courts of Augusta, Frederick, and Hampshire, shall also at the times aforesaid, levy and pay in money the wages of their respective Burgesses, for this present session of Assembly. |
| ANNO REGNI GEORGII II, Regnis Magnæ Britanniæ, Franciæ, et Hiberniæ, vicesimo nono.
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Robert Dinwiddie, esq. governor. | |||
CHAP. I. | ||||
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| I. WHEREAS the act intituled, An act for amending an act, intituled, An act for making provision | Preamble. |
| against invasions and insurrections, hath been found insufficient to retain the forces which have inlisted in the service of this colony in their duty, and to impower courts martial to inflict such punishments on soldiers who mutiny or stir up sedition, or desert the said service, as these offences require. | |
| 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 who is or shall be mustered, or in pay as an officer, or who is or shall be enlisted or in pay as a soldier, and shall remain in such service, or shall during the continuance of this act, voluntarily enter himself in the said service as a soldier, shall at any time begin, excite, cause or join in any mutiny or sedition, in the company, troop, or regiment, whereunto he doth belong, or in any other company, troop, or regiment, or desert the said service, or being a soldier actually enlisted in any regiment, troop, or company, shall enlist himself in any other regiment, troop, or company without a discharge produced in writing from the colonel, and in his absence, the commanding officer of the regiment, troop, or company, in which he last served as an enlisted soldier; and if any officer shall refuse to obey any lawful command of his superior officer, or shall strike or raise any violence against his superior officer, being in the execution of his office, all and every person and persons so offending in any of the matters before mentioned, shall suffer death, or other such other punishment, as by a court martial held according to the rules and directions herein after mentioned, shall be inflicted. | Punishment of mutiny, desertion and disobedience. |
| III. And be it further enacted, by the authority aforesaid, That the honorable Robert Dinwiddie, esquire, his majesty's lieutenant governor, and commander in chief of this colony, or the commander in chief for the time being, may from time to time grant a commission under the seal of this colony, to any officer not under the degree of a field officer, for the holding a general court martial within this colony, in which court martial, all the offences above mentioned shall be tried and proceeded against in such manner, as by this act, shall be hereafter directed: | Governor may grant a commission for holding a court martial. |
| IV. And it is hereby further enacted and declared, That no general court martial which shall have power | Each court shall consist |
| to sit by virtue of this act, shall consist of a less number than nine, whereof none to be under the degree of a commission officer; and that such court martial shall have power and authority, and are hereby required to administer an oath to every witness, in order to the examination or trial of any of the offences that shall come before them: | of nine at the lease. |
| V. Provided always, That in all trials of offenders by general courts martial, to beheld by virtue of this act, every officer present at such trial, before any proceedings be had thereupon, shall take the following oaths upon the evangelists, which shall be first administered to the presiding officers by the rest of the members present at such courts martial, and then by the presiding officer to them, in these words, (that is to say.) | Members of such court to take the following oaths. |
| You shall well and truly try and determine, according to your evidence in the matter now before you, between our sovereign lord the king's majesty, and the prisoner to be tried.−− So help you God. | |
| I A. B. do swear, that I will duly administer justice, according to the rules and articles, for the better government of his majesty's forces, and according to an act of Assembly, intituled, An act to amend an act, intituled, An act for amending an act, intituled, An act for making provision against invasions and insurrections, without partiality, favor, or affection; and if any doubt shall arise which is not explained by the said articles or act of Assembly, according to my conscience, the best of my understanding, and the custom of war in the like cases: And I further swear, that I will not divulge the sentence of the court until it shall be approved by the governor, or commander in chief, for the time being, neither will I upon any account at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, unless required to give evidence thereof as a witness by a court of justice, in a due course of law.−− So help me God. | |
| And that such court martial shall have power to appoint a clerk, to keep a register of their proceedings, to whom the president of the court shall administer the following oath, to wit: | Clerk to be appointed by the court. |
| You shall swear, that you will not upon any account, at any time whatsoever, disclose or discover the vote or opinion of any particular member of the court martial, | His oath. |
| unless required to give evidence thereof as a witness, by a court of justice of law. And no sentence of death shall be given against any offender in such case, by any general court martial, unless six officers present shall concur therein; and if there be more officers present than nine, then the judgment shall pass by the concurrence of two thirds of the officers present, and no proceeding or trial shall be had upon any offence, but between the hours of eight of the clock in the morning, and three in the afternoon, except in cases which require an immediate example: Provided always, That the party tried by any general court martial in this colony, shall be entitled to a copy of the sentence and proceedings of such court martial, upon demand thereof made by himself, or by any other person or persons on his behalf, (he or they paying reasonably for the same) at any time not sooner than five days after such sentence, whether such sentence be approved or not, any thing in this act to the contrary notwithstanding. | What number must concur in sentence. Within what hours the trial must be. Party tried to have a copy of his sentence, &c. |
| VI. Provided always, and be it enacted by the authority aforesaid, That the president and other officers acting as members of any such court martial do, and they are hereby required to transmit with as much expedition, as the opportunity of time and distance of place can admit, a transcript of the proceedings, and sentence of such court martial, under their hands and seals to the governor, or commander in chief, for the time being; and that execution of all and every such sentence and judgment shall be suspended until the pleasure of the governor, or commander in chief, for the time being, be known, who if he thinks proper, is hereby desired to issue his warrant under the seal of the colony, for putting such sentence or judgment into execution, and to transmit the same to the presiding officer at such court martial. And whereas several soldiers after being enlisted, do desert, and are often found wandering or otherwise absenting themselves illegally from the service aforesaid: | A transcript of the proceedings to be sent to the governor, and execution suspended till the governors pleasure be known. |
| VII. Be it enacted by the authority aforesaid, That it shall and may be lawful to and for all magistrates, officers, and others, who shall have reasonable cause to suspect any man to be such a deserter, to apprehend or cause him to be apprehended, and to cause such person to be brought before any justice of the peace of the said county, who hath hereby power to | Power of magistrates to apprehend deserters. |
| examine such suspected person, and if by his confession, or by the testimony of one or more witness or witnesses upon oath, or by the knowledge of the justice of the peace, it shall appear or be found that such suspected person is an enlisted soldier, and ought to be with the troop or company to which he belongs, such justice shall issue his warrant to the next constable, requiring him to receive such deserter, and him to convey and deliver to the next constable, and so from constable to constable, until such deserter be delivered to the commanding officer of the troop or company to which he belongs; and every constable to whom such deserter and warrant shall be produced, shall execute the same, and give a receipt upon the delivery of the deserter to him under the penalty of forfeiting five hundred pounds of tobacco, recoverable before any justice of the peace, to the use of the informer. | |
| VIII. And be it further enacted, by the authority aforesaid, That every constable charged with the conducting any deserter, shall be, and is hereby impowered to impress men and horses where necessary, for the safe conveying the deserter or deserters wherewith he stands charged; and if such constable shall suffer such deserter to escape, he shall forfeit and pay five hundred pounds of tobacco, to the use of the informer, to be recovered in the manner herein before mentioned. And for the better encouragement of any person or persons to secure or apprehend such deserters, as aforesaid: | Constables charged with such desertera may impress men and
horses. Penalty to suffer them to escape. |
| IX. Be it further enacted, by the authority aforesaid, That such justice of the peace shall give him or them a certificate thereof, and the taker up shall be entitled to two hundred pounds of tobacco, to be levied on the public: Provided always, That if any person shall harbor, conceal, or assist any deserter from the troops, which now are or hereafter shall be in the pay of this colony, knowing him to be such, or if any person shall knowingly buy or exchange, or otherwise receive any arms or cloaths from any soldier or deserter, on any pretence whatsoever, the person so offending, shall forfeit for every such offence, the sum of twenty pounds, and upon conviction by the oath of one or more credible witness or witnesses, before any justice of the peace in the county where the offence shall be committed, the said penalties shall be levied by warrant, | Encouragement to persons to take up deserters. Penalty to harbor or deal with them for their arms or cloaths. How recoverable. |
| under the hand of the said justice of the peace, by distress and sale of the goods and chattels of the offender, to be paid to the informer. | ||
| X. And be it further enacted, That if any action, bill, plaint, or suit, shall be brought against any person or persons for any act, matter or thing to be acted or done, pursuant to this act, that it shall and may be lawful, for all or any persons or persons sued as aforesaid, to plead thereunto the general issue, and to give such special matter in evidence to the jury, who shall try the issue, which special matter if pleaded had been a good and sufficient matter in law, to have discharged the defendant or defendants of the trespass or other matter laid to his or their charge. | General issue may be plead and the special matter given in evidence. | |
| XI. And be it further enacted, by the authority aforesaid, That so much of the said act as is contrary to this act, shall be, and is hereby repealed. | Repealing clause. | |
| XII. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force for and during the space of one year, and no longer. | Continuance. | |
CHAP. II. | ||
| ||
| I. WHEREAS by an act passed at the former session of this present General Assembly, intituled, An act for preventing and repelling the hostile incursions of the Indians, at enmity with the inhabitants of this colony, it stands enacted, That the sum of ten pounds shall be paid by the treasurer of this colony, out of the public money in his hands, to any person or persons, party or parties, either in the pay of this colony, or other inhabitants thereof, for every male Indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed within the limits of this colony, at any time within the space of two | Preamble. |
| years, after the end of the said session of Assembly. And where as the said act would prove more beneficial in case our friendly Indians had been entitled to the reward therein mentioned; | |
| 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 sum of ten pounds shall be likewise paid by the treasurer of this colony, to any Indian or Indians in friendship and amity with the inhabitants of this colony, for every male indian enemy, above the age of twelve years, by him or them taken prisoner, killed or destroyed, within the limits of this colony, at any time within the space of one year, after the end of this session of Assembly: | Indians in amity with this colony entitled to the reward for killing, &c an Indian enemy. |
| III. Provided, That in case the present hostilities shall cease, within the said one year, and the governor, or commander in chief of this colony, with the advice and consent of the council, shall by proclamation signify the same, and direct the said reward to be discontinued, then the said reward shall immediately after publishing the said proclamation, cease, and be discontinued accordingly. And to entitle our said friendly Indians, to the said reward: | When the present hostilities cease, governor, &c. may by proclamation discontinue the reward. |
| IV. Be it further enacted by the authority aforesaid, That every Indian enemy, so to be taken by our friendly Indians or any of them, shall be delivered to the keeper of the public goal in the city of Williamsburg, to be by him safely kept, until discharged by the governor, or commander in chief of this colony; and the scalp of every Indian so to be killed or destroyed by our friendly Indians, as aforesaid, shall be produced to the governor, or commander in chief, by the Indian or Indians, killing or destroying such Indian enemy, and he or they shall give sufficient satisfaction of the time and place of his or their taking prisoner, killing or destroying such Indian enemy, to the governor, commander in chief, who is thereupon desired to issue his warrant to the treasurer, for paying the reward aforesaid: And the governor is hereby desired to notify this act to the neighbouring Indians, under the protection of, or in alliance with his majesty, as soon as conveniently may be. | How our friendly Indians may become entitled to the reward. |
| CHAP. III. An Act for the better collecting the Land and Poll-Tax. | |
| I. WHEREAS some sheriffs have refused or been unable to give security for collecting the taxes imposed by one act of Assembly, made in the twenty eight year of his majesty's reign, intituled, An act for raising the sum of twenty thousand pounds, for hte protection of his majesty's subjects, against the insults and encroachments of the French, and one other act, intitled, An act to explain an act, 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, and for other purposes therein mentioned; and no other collectors have been appointed in their stead, by the courts of the counties where such refusal or inability hath happened pursuant to the directions of the said acts; to prevent the inconveniences that may arise thereby, | 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 where any sheriff hath not given security, and shall neglect or refuse to give security, for collecting any of the said taxes in the manner by the said acts prescribed, within three months after the passing of this act, every such sheriff shall forfeit and pay the sum of one hundred pounds; and the justices of the court where such neglect or refusal shall happen, shall and they are hereby required to order the person appointed to prosecute for the king in such court, to exhibit an information in the name of our sovereign lord the king, against such sheriff for recovery of the same, which when recovered, shall be paid to the treasurer of this colony, for the time being, and applied to the same uses as the said taxes are directed to be applied: Provided always, That if such sheriff shall in open court on his corporal oath depose, that he hath used his best endeavours to procure such security, and cannot get the same, then he shall not be liable to such penalty. | Where sheriffs have not given security according to former acts. |
| III. And be it further enacted, by the authority aforesaid, That where any sheriff shall refuse, or be unable to give security, within the time herein before limited, for the collection of the said taxes or any of them, and no other person will undertake the same, then and in every such case, the court of the county where such refusal or inability shall happen, shall certify the same to the governor, or commander in chief, for the time being, who upon such certificate being produced to him, is hereby impowered and desired to appoint some other fit and able person to be sheriff of such county in the room of the sheriff so refusing or disabled, as aforesaid, which person so appointed, as aforesaid, shall at the next court to beheld for his county, after the date of his commission, give bond and security for the due collection and payment of the money laid and assessed by the said above mentioned acts, and shall account for and pay the same, in the same manner, as is directed by the said acts, and shall be subject to the same penalty, for refusing or neglecting to give security, recoverable in the same manner, as is herein before directed. | Where sheriffs are unable to give such security, governor to appoint others in their stead. | |
CHAP. IV. | ||
| ||
| I. WHEREAS the salaries of the several inspectors at the public warehouses are more than sufficient to compensate them for their trouble and service, in inspecting the short crop of tobacco, made this present year, and will be a great expence and unnecessary burthen to the public. | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same, That the salaries directed to be paid to the inspectors at the several public warehouses, for the inspection of tobacco in this colony, be and are hereby discontinued | Inspectors instead of their salaries to receive three shillings per hogshead. |
| for this present year, and in lieu thereof, the said inspectors shall retain to their own use three shillings, for every hogshead of crop tobacco, and five shillings for hogshead of transfer tobacco, which has been or shall be delivered by them, respectively, between the twentieth day of October, in this present year, and the twentieth day of October next, over and above the six pence allowed for nails, for every hogshead of transfer tobacco, out of which nevertheless, they shall pay to the proprietors of the said warehouses, eight pence for every hogshead that shall be delivered out of such warehouses, within the time aforesaid. | Proprietors instead of their rents to receiv 8d. per hogshead. | |
| III. And be it further enacted, by the authority aforesaid, That the proprietors of all warehosues, which have a certain and established rent by law, shall instead of such rent, receiveeight pence for every hogshead of tobacco, delivered as aforesaid, and no more: | Inspectors to account. | |
| IV. Provided nevertheless, That the several inspectors shall account for and pay to the treasurer, all sums of money arising by the said three shillings and five shillings per hogshead, over and above their salaries, established by law, and the eight pence per hogshead, due to the proprietors of the respective warehouses. | ||
CHAP. V. | ||
| ||
| I. WHEREAS by reason of the great drought a very small quantity of tobacco is made, so that the inhabitants of this colony are not able to pay their public, county and parish levies, and the officers fees, and other tobacco debts in tobacco for this present year, according to the directions of the laws now in force; for remedy whereof, and to prevent the sheriffs and other collectors of the public dues, from taking advantage of the necessities of the people, and exacting exorbitant prices for tobacco, due or payable to them from the poor and needy, | 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 it shall and may be lawful to and for any person or persons, from whom any tobacco is due by judgment, for rent, by bond, or upon any contract, or for public, county and parish levies, or for any secretaries, clerks, sheriffs, surveyors, or other officers fees, or by any other ways or means whatsoever, to pay and satisfy the same, either in tobacco, according to the directions of the act of Assembly, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs, or in money, at the rate of sixteen shillings and eight pence, for every hundred pounds of nett tobacco, and so in proportion for a greater or lesser quantity, at the option of the payer: And the sheriffs and other collectors shall, and they are hereby required to receive the same from any person or persons, in discharge of any such levies and officers fees; and the sheriffs or other collectors of the levies and fees, aforesaid, shall account with, and pay to the persons entitled to the same, in proportion to their several demands, all tobacco and money which they shall receive in payment of such levies and fees, which shall discharge such sheriffs and collectors from any other demand for such levies and fees, any law to the contrary thereof notwithstanding. | Tobacco debts may be paid off at 16s. 8d. |
| III. Provided always, That nothing herein contained shall extend, or be construed to extend, to any public, county, or parish levies, or officers fees now due or hereafter to become due, in any county where by law the inhabitants of such county, are now impowered to discharge the same in money. | Not to extend to any debts now due. |
| IV. And be it further enacted, That this act shall continue and be in force for the space of ten months, and no longer. | Continuance. |
| CHAP. VI. | ||
| ||
| I. WHEREAS by one act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An act for the better regulating the payment of the Burgesses wages; it is amongst other things enacted, that when any session of Assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands, to discharge all the money debts, together with the Burgesses wages, and the salaries and allowances to the respective officers of the General Assembly, saving and reserving in the hands of the treasurer, over and above the said payments, a ballance of one thousand five hundred pounds, at the least; then every Burgess elected and serving for any county or corporation, within this dominion, should be paid out of the public money, the sum of ten shillings, for each day he should serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed. And whereas by reason of the low circumstances of the treasury, the wages of the Burgesses for this present session cannot be discharged in money, according to the letter of the said act, and the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll, | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the Burgesses wages for this present session of Assembly, shall be paid by the treasurer, on the first day of November, in the year of our lord, one thousand seven hundred and fifty six, out of the public monies then in his hands, according to the directions and regulations in the said act mentioned, any thing in the said act to the contrary thereof, in any wise notwithstanding. | ||
| END OF THE SIXTH FOLUME. |
| Pages 521-544
| Pages 571-581
|
