Hening's Statutes at Large

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CHAP. II.

Act for amending the several acts, for making provision against invasions and insurrections, and for amending and explaining an act passed this present session of Assembly, intituled, An Act for raising the sum of twenty five thousand pounds for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned.

I. WHEREAS it is necessary 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 further amended, 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 when any forces shall be raised out of the militia of this colony, according to the directions of the said act, or according to the act made in the twenty ninth year of his majesty's reign, intituled, An act, for amending an act, intituled, An act for making provisions against invasions and insurrections, it shall and may be lawful for any commissioned officer, commanding any part of the same, by arrant, under the hand and seal of any county-lieutenant, colonel, lieutenant-colonel, or major, to impress and take up necessary provisions of, and from any person or persons, and to impress and take up sloops and boats necessary for the transportation of forces over rivers and creeks, or the main bay of Chesapeak, together with the rigging, tackle, furniture and apparel belonging thereunto, and also all manner of carts, waggons, draught-horses or oxen, or other conveniences for the land-carriage of provisions, great guns, arms and ammunition from place to place, and likewise any manner of utensils, tools or instruments, which shall, or may be wanted for digging or entrenching, or towards the mounting the great guns, and making them useful: And further, that it shall be lawful by warrant,

Officers impowered to impress.

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as aforesaid, to impress able and fit men to go in sloops or boats; And also any smith, wheel-wright, carpenter, or other artificer whatsoever, which shall be thought useful for the fixing of arms, and making carriages for great guns, or doing any other work whatever, where need shall be of such artificer.

II. Provided always, That it shall not be lawful to make use of any provisions, utensils, tools or instruments so impressed or taken up, until appraisment thereof hath been made in money, by two good and lawful men upon oath, one whereof to be chosen by the proprietor of such provisions, or other thing or things so impressed, and the other by the commanding officer present, which said officer is hereby impowered to administer such oath to the persons so appointed to appraise the same, nor of any sloop, boat, cart, waggon, horses or oxen, until such appraisment made of the same, with the appurtenances belonging thereto, and also an estimate made by the same men of a suitable allowance in money, by the day for the use of such sloop, boat, cart, or waggon, with the draught-horses or oxen, and appurtenances thereto belonging, which every person so impressing, is hereby required to cause to be made, and to pay for the same as soon as he shall receive money sufficient for that purpose, upon pain of being liable to the action of the party grieved for an unlawful seisure.

Good impressed, to be valued.

III. And be it further enacted, That there shall be raised and paid by the public to the officers and soldiers drawn out into actual service, by virtue of this, and the before recited acts, and to the look-outs after the rates following, to wit,

The pay of the officers and soldiers drawn out into actual service.

To the County-Lieutenant, or commander in chief,
ten shillings per day.

HORSE.
A Colonel, ten shillings, Lieutenant-Colonel, ten shillings, Major, ten shillings, Captain, ten shillings, Lieutenant, five shillings, Cornet, four shillings, Quarter-Master, two shillings, Corporal, one shilling and four-pence, Trumpeter, one shilling and four pence, Trooper, one shilling and three-pence,	} } } } } } } } } }

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FOOT.
A Colonel, ten shillings, Lieutenant-Colonel, ten shillings, Major, ten shillings, Captain, ten shillings, Lieutenant, five shillings, Ensign, four shillings, Serjeant, one shilling and four-pence Corporal, one shilling and four-pence, Drummer, one shilling and two-pence, Soldier, one shilling,	} } } } } } } } } } }
A look-out, after the rate of twenty shillings per month.

IV. And be it further enacted, by the authority aforesaid, That every smith, wheel-wright, carpenter, or other artificer, and all water men employed in the service, as by this and the said recited acts is directed, shall be paid, and allowed by the public, after the rates following, to wit,

Pay of smiths, wheel-wrights, carpenters, and other artificers.

Every Smith, five shillings,
Wheel-wright, three shillings,
Carpenter, three shillings,
Waterman, one shilling and six-pence,

}
}
}
}

And where any sloop, boat, waggon or cart, impressed and appraised according to the directions of this act, shall be damnified, or horse or ox hurt, the damage of the same shall be enquired into by two good and lawful men, on oath, to be appointed, as is before directed for appraising; or if the proprietor should refuse to appoint persons to appraise or value the goods so impressed, it shall, and may be lawful for the commanding officer, then present, to appoint both persons to make such enquiry, and to administer to them an oath for that purpose, and the difference between the appraisment and the valuation, when discharged, shall be paid by the public to the proprietor of such sloop, boat, waggon, cart, horse or ox.

V. And whereas it is necessary that a further sum of money should be raised for the payment of the militia drawn out into actual service, in pursuance of the several acts of Assembly concerning invasions and insurrections, Be it further enacted, by the authority aforesaid, That the sum of two shillings, or twenty

New taxes imposed.

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pounds of tobacco, at the option of the payer, shall be paid for every tithable person in this colony, to the sheriff of the county, where such tithable shall be inlisted by the person inlisting such tithables, on or before the tenth day of April, one thousand seven hundred and fifty-nine, and the like sum, on or before the tenth day of April, one thousand seven hundred and sixty, which duties shall be collected by the sheriffs, according to the lists of tithables taken and subsisting, at the time of payment, in each year respectively, and according to the rules and method, and under the like penalties and forfeitures, as are prescribed and directed for the collection of the taxes laid and imposed by an act of Assembly passed this present session, intituled, An act for raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned.
VI. And be it further enacted, by the authority aforesaid, That the several sums of money and tobacco to be collected, by virtue of this act, for the said poll-tax, shall be, by the sheriffs respectively, accounted for upon oath, and paid to John Robinson, esquire, treasurer of this colony, or the treasurer for the time being, appointed by, or pursuant to an act of Assembly, on or before the tenth day of June next following the time herein before limited, for payment of the said duties in each year, after deducting five per centum for each sheriff's salary in collecting the same, and be accounted for by the treasurer to the General Assembly, after deducting two per centum for his salary in receiving and paying the same.	To be paid to the treasurer.
VII. And be it further enacted, by the authority aforesaid, That the governor, or commander in chief of this colony, for the time being, is hereby impowered and desired to issue his warrant to the treasurer, for paying so much money as shall be necessary for the purposes aforesaid, not exceeding the sum of thirty thousand pounds in the whole, to the county-lieutenant, or chief commanding officer of the militia of each county, that shall be drawn out into actual service, in pursuance of the aforementioned laws, concerning invasions and insurrections, which shall be applied by such county-lieutenant, or chief commanding	Militia to be paid by the county-lieutenant, or chief commanding officer.

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officer of such militia, towards paying the officers and private soldiers of such militia, for the time they shall respectively be employed in the service of their country, according to the respective rates and allowances above settled. And the said county-lieutenants, or chief commanding officers of such militia so drawn out as aforesaid, are hereby also impowered and required to appoint a clerk to keep a register of their proceedings, who shall be allowed the sum of five shillings for each day he shall be so employed, and also a surgeon to attend on the militia so drafted out, Who shall be allowed the sum of ten shillings per day: And the said county-lieutenants, or chief commanding officers of such militia, shall return an exact and true account, upon oath, to the treasurer of this colony, for the time being, appointed as aforesaid, of all the monies so by them received, in pursuance of this act, and in what manner they shall have laid out the same, and shall also repay to the said treasurer all such sums of money, as shall remain in their hands, after having performed the trust hereby reposed in them.	Who may appoint a clerk.
VIII. And to the end that the militia, which shall be at any time drafted, pursuant to the acts hereby intended to be amended, may be well supplied with all necessary provisions, Be it further enacted, by the authority aforesaid, That it shall, and may be lawful, for the governor, or commander in chief of this colony, for the time being, to appoint a commissary, or commissaries for the purposes aforesaid, who are hereby required to use all possible dispatch in purchasing such provisions, as shall be necessary for the militia so drafted as aforesaid, and in laying of the same in such convenient place or places, that may best suit with the places destined for the marching and rendezvous of such militia. And it shall, and may be lawful, for the governor, or commander in chief as aforesaid, to issue his warrant to the treasurer of this colony, for paying to such commissary, or commissaries, so much money, as he shall judge necessary for purchasing such provisions as aforesaid; and the said treasurer is hereby directed and required to pay the same out of the money that shall be raised by virtue of this act; and every commissary so to be appointed, shall be allowed out of the said money, twenty shillings per day for his trouble, together with all reasonable expences attending the same.	Commissaries to be appointed.

officer of such militia, towards paying the officers and private soldiers of such militia, for the time they shall respectively be employed in the service of their country, according to the respective rates and allowances above settled. And the said county-lieutenants, or chief commanding officers of such militia so drawn out as aforesaid, are hereby also impowered and required to appoint a clerk to keep a register of their proceedings, who shall be allowed the sum of five shillings for each day he shall be so employed, and also a surgeon to attend on the militia so drafted out, Who shall be allowed the sum of ten shillings per day: And the said county-lieutenants, or chief commanding officers of such militia, shall return an exact and true account, upon oath, to the treasurer of this colony, for the time being, appointed as aforesaid, of all the monies so by them received, in pursuance of this act, and in what manner they shall have laid out the same, and shall also repay to the said treasurer all such sums of money, as shall remain in their hands, after having performed the trust hereby reposed in them.

Who may appoint a clerk.

VIII. And to the end that the militia, which shall be at any time drafted, pursuant to the acts hereby intended to be amended, may be well supplied with all necessary provisions, Be it further enacted, by the authority aforesaid, That it shall, and may be lawful, for the governor, or commander in chief of this colony, for the time being, to appoint a commissary, or commissaries for the purposes aforesaid, who are hereby required to use all possible dispatch in purchasing such provisions, as shall be necessary for the militia so drafted as aforesaid, and in laying of the same in such convenient place or places, that may best suit with the places destined for the marching and rendezvous of such militia. And it shall, and may be lawful, for the governor, or commander in chief as aforesaid, to issue his warrant to the treasurer of this colony, for paying to such commissary, or commissaries, so much money, as he shall judge necessary for purchasing such provisions as aforesaid; and the said treasurer is hereby directed and required to pay the same out of the money that shall be raised by virtue of this act; and every commissary so to be appointed, shall be allowed out of the said money, twenty shillings per day for his trouble, together with all reasonable expences attending the same.

Commissaries to be appointed.

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IX. And be it further enacted, by the authority aforesaid, That every such commissary shall return an exact and true account, upon oath, to the treasurer of this colony as aforesaid, of the disbursement of all such sum and sums of money, that shall be paid by the treasurer to such commissary, in pursuance of this act.	Commissaries duty.
X. And be it further enacted, by the authority aforesaid, That when the militia of any county shall be drawn out into actual service, by virtue of this act, and of the several acts concerning invasions and insurrections, every officer and soldier of such militia shall be exempted from all process in any cause or suit whatsoever (other than for some criminal matter) and his estate privileged from all executions, attachments and distresses whatsoever; and that if any suit shall be depending in any court whatsoever, in which any officer or soldier so drawn out as aforesaid, shall be a party, either plaintiff or defendant, the same shall be stayed, and no proceedings be had or taken therein, during the time such officer or soldier shall continue in such service.	Militia drafted, exempted from arrests, &c.
XI. And whereas by the said act of Assembly, For raising the sum of twenty five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned, the county-lieutenant, or chief commanding officer of the militia of every county in this colony, is impowered and required, within twenty days after the passing of the said act, under the penalty of five hundred pounds, to call a council of war, and to cause to be draughted out of the militia of their respective counties, one man for every twentieth man, of which such militia shall consist, for immediate service.	The militia of those counties now ordered out by the governor, not to be drafted according to a former act, till their return.
XII. And whereas the governor has thought proper to order out the militia of several counties, and may hereafter within the time limited by the said act for draughting the militia as aforesaid, order out the militia of other counties, to repel the incursions of the enemy, and it is impracticable that the militia of such counties so ordered out, can be draughted according to the directions of the said act, Be it further enacted, by the authority aforesaid, That the county-lieutenant, or chief commanding officer of the militia of every county so ordered out, shall be exempt from the penalties and forfeitures in the said act inflicted, for failing to

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perform the duty thereby required of them, but are hereby impowered and required, under the like forfeitures and penalties, to cause such militia, after their return from the service aforesaid, to be draughted according to the directions of the said recited act, any thing in the said act to the contrary notwithstanding.
XIII. And whereas, by reason of the long time allowed for collecting the duties imposed by this act, (which, from the distressed circumstances of the people, and the great scarcity of gold and silver coin in this colony, could not be sooner done) the said duties will not be collected in time to answer the purposes intended, Be it therefore enacted, That John Robinson, esquire, treasurer of this colony, or the treasurer for the time being appointed, as aforesaid, be, and he is hereby authorised, and required to issue and emit so many treasury notes, as will be sufficient for the purposes aforesaid, not exceeding thirty thousand pounds, which shall be prepared and signed in the same manner, and be under the same regulations, and of the same value, and redeemable at the same time, as the treasury notes directed to be emitted by the said above recited act of Assembly, For raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned, are directed and appointed.	Treasury notes.
XIV. And be it further enacted, by the authority aforesaid, That the money to be raised by the duties imposed by 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, treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money, as shall come to his hands, by virtue of this act, for, and towards the redemption of such treasury notes, and to no other use or purpose whatsoever.	Duties imposed by this act to stand as a security for the redemption of the said notes.
XV. And be it further enacted, by the authority aforesaid, That so much of the said recited acts of Assembly, and of all other acts, as are contrary and repugnant to any thing within the purview of this aet, shall be, and are hereby repealed: And that this act, as to so much thereof as relates to the paying of the officers and soldiers in money, shall continue, and be in force from, and after the passing thereof for, and during the term of one year, and no longer.	Repealing clause.

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XVI. And whereas it is now judged necessary that a fort should be immediately erected in the town of Winchester, in the county of Frederick, for the protection of the adjacent inhabitants from the barbarities daily committed by the French and their Indian allies, Be it enacted, by the authority aforesaid, That the governor, or commander in chief of this colony for the time being, is hereby impowered, and desired to order a fort to be built with all possible dispatch in the aforesaid town of Winchester, and that his honor do give such orders and instructions for the immediate effecting and garrisoning the same, as he shall think necessary for the purposes aforesaid. And the governor or commander in chief of this colony, is hereby also impowered, and desired to issue his warrant to the treasurer for the payment of so much money, as he shall think necessary for the purposes aforesaid, not exceeding the sum of one thousand pounds, who is hereby required to pay the same in treasury notes, to be emitted by virtue of the said act of Assembly, For raising the sum of twenty-five thousand pounds, for the better protection of the inhabitants on the frontiers of this colony, and for other purposes therein mentioned.	A fort to be erected in Winchester.
CHAP. III. An Act for appointing a Treasurer.
I. WHEREAS by one act of Assembly, made in the twenty-fifth year of the reign of his present majesty, John Robinson, esquire, was appointed treasurer of the revenues arising from the duty upon liquors and slaves, laid and imposed by one act of Assembly, made in the nineteenth year of the reign of his present majesty, intituled, An act for reducing the laws made for laying a duty upon liquors into one act of Assembly, and by one other act made in the twenty-second year of his said majesty's reign, intituled, An act for continuing the act, intituled, An act for reducing	Preamble.

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the laws made for laying a duty upon liquors into one act of Assembly, and also by one act made in the twenty-fifth year of his said majesty's reign, intituled, An act for continuing a clause of an act of Assembly therein mentioned; and also by one other act of the same session, intituled, An act for reviving the duties upon slaves, to be paid by the buyers, for a term therein mentioned, and of all other monies payable to the treasurer of this colony for public uses, by virtue of any other act or acts of Assembly, to hold the said office of treasurer, so long as he should continue speaker of the house of burgesses, and from the time of his being out of that office, until the end of the next session of Assembly.
II. And whereas the said first mentioned act, will expire at the end of this session of Assembly, and it being expedient that a treasurer should be appointed; Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, John Robinson, esquire, shall be, and he is hereby nominated, constituted and appointed treasurer of the revenue arising from the duties laid by the before recited acts of Assembly, and of all other public monies, payable to the treasurer of this colony, for public uses, by virtue of any other act or acts of Assembly. To hold the said office so long as he shall continue speaker of the house of burgesses, and from the time of his being out of the said office to the end of the next session of Assembly. And the said John Robinson, is hereby authorised, impowered, and required to demand, receive and take of, and from the several collectors of the said duties, all and every the sum and sums of money, arising by force and virtue of the said acts, or any or either of them, and shall apply and utter the same to, and for such uses, and upon such warrants, as by the said acts for laying the said duties, or by any other act or acts of the General Assembly, is, or shall be appointed or directed, and shall be accountable for the said money to the General Assembly.	The treasurer. His duty.
III. And be it further enacted, by the authority aforesaid, That the salary of five pounds in the hundred, or so much as is, or shall be by any special act or acts of Assembly allowed and limited, and so proportionably for a greater or lesser sum, shall be allowed and	His salary.

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paid to the said treasurer hereby appointed, out of all and every the sum and sums of money by him received and accounted for, to the General Assembly, as aforesaid: And that there shall be also allowed to the said treasurer, for auditing and settling the accounts of inspectors of tobacco, during the continuance of the laws in that behalf made, the sum of one hundred and fifty pounds per annum, for his trouble and service therein.

IV. Provided always, That the said treasurer before he enters upon his office, shall give such sufficient security as shall be approved of by the governor, or commander in chief of this colony, in the sum of fifty thousand pounds, for the due answering and paying all the money, by him from time to time to be received, as aforesaid.

To give bond and security.

V. And to the end a treasurer may not be wanting in case of the death, resignation, or disability of the treasurer hereby appointed; Be it further enacted, That in either of these cases it shall and may be lawful for the governor, or commander in chief of this colony, with the advice of the council, for the time being, to appoint some other fit and able person to be treasurer of the duties, to hold the said office with all powers, authorities, salaries, and profits, aforesaid, until the end of the next session of Assembly, which treasurer, so appointed, shall, before he enters upon his office, give the like security, as is herein before directed.

Where the treasurer dies.

CHAP. IV.

An	Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government.

I. WHEREAS it is dangerous at this time to permit Papists to be armed, 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,

Preamble.

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for any two or more justices of the peace, who shall know, or suspect any person to be a Papist, or shall be informed that any person is, or is suspected to be a Papist, to tender, and they are hereby authorised and required to tender to such person so known, or suspected to be a Papist, the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy; and if such person, so required, shall refuse to take the said oaths, and subscribe the test, or shall refuse, or forbear to appear before the said justices for the taking the said oaths, and subscribing the said test, upon notice to him given, or left at his usual place of abode, by any person authorised in that behalf, by warrant under the hands and seals of the said two justices, such person from thenceforth shall be taken to be, and is hereby declared to be liable and subject to all and every the penalties, forfeitures, and disabilities hereafter in this act mentioned.	Where Papists refuse to take the oaths, when tendered.
II. And be it further enacted, That the said justices of the peace shall certify the name, sirname, and usual place of abode of every person, who being required, shall refuse, or neglect to take the said oaths, and subscribe the said test, or to appear before them for the taking the said oaths, and subscribe the said test at the next court to be holden for the county for which they shall be justices of the peace, to be there recorded by the clerk of the said court, and kept among the records of the said court.	Duty of justices.
III. And for the better securing the lives and properties of his majesty's faithful subjects, Be it further enacted and declared, That no Papist, or reputed Papist so refusing, or making default as aforesaid, shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be	No Papists to keep arms, &c.

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in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid.
IV. And be it further enacted, That every Papist, or reputed Papist, who shall not, within the space of ten days after such refusal, or making default as aforesaid, discover and deliver, or cause to be delivered to some of his majesty's justices of the peace, all arms, weapons, gunpowder or ammunition, which he shall have in his house or elsewhere, or which shall be in the possession of any person to his use, or at his disposition, or shall hinder or disturb any person or persons, authorised by warrant under the hands and seals of any two justices of the peace to search for, and seize the same; that every such person so offending contrary to the act of Assembly in this behalf made, shall be committed to the goal of the county where he shall commit such offence, by warrant under the hands and seals of any two justices of the peace, there to remain without bail or mainprize for the space of three months, and shall also forfeit and lose the said arms, and pay treble the value of them to the use of his majesty and his successors, to be appraised by the justice of the peace at the next court to be held for the said county.	Penalties on them.
V. And be it further enacted, That every person who shall conceal, or be privy, or aiding or assisting to the concealing; or who knowing thereof, shall not discover, or declare to some of his majesty's justices of the peace, the arms, weapons, gunpowder or ammunition of any person so refusing, or making default as aforesaid, or shall hinder or disturb any person or persons authorised as aforesaid in searching for, taking and seizing the same, shall be committed to the goal of the county where he shall commit such offence, by warrant under the hands and seals of any two justice of the peace, there to remain, without bail or mainprize; for the space of three months, and shall also forfeit and pay treble the value of the said arms to his majesty and his successors.	All persons to discover papists keeping arms, &c.
VI. And be it further enacted, That if any person or persons shall discover any concealed arms, weapons,	Their reward for

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ammunition or gunpowder belonging to any refusing or making default, as aforesaid, so as the same may be seized as aforesaid, for the use of his majesty and his successors; the justices of the peace upon delivery of the same at the county court, as aforesaid, shall have power, and they are hereby required, as a reward for such a discovery, by order of court, to allow him or them a sum of money amounting to the value of the arms, weapons, ammunition, or gunpowder, so discovered, the said sum to be assessed by the judgment of the said justices at their said court, and to be levied by distress and sale of the goods of the person offending against this act, rendering the overplus which shall arise by such sale, above the said sum so allowed, and above the necessary charges of taking such distress, to the owner.	such discovery.
VII. Provided always, That if any person who shall have refused or made default, as aforesaid, shall desire to submit and conform, and for that purpose shall present himself before the justices of peace, at the court to be held for the county where his refusal or making default, as aforesaid, shall be certified as aforesaid, and shall there in open court, take the said oaths, and subscribe the said test, he shall from thenceforth be discharged of and from all disabilities and forfeitures, whicn he might or should be liable to for the future, by reason of his refusal or default, as aforesaid.	Where the party desires to conform.
VIII. And be it further enacted, That no Papist, or reputed Papist, refusing or making default, as aforesaid, at any time after the first day of July, in the year of our Lord, one thousand seven hundred and fifty-six, shall or may, have or keep, in his own possession, or in the possession of any other person to his use, or at his disposition, any horse or horses, which shall be above the value of five pounds, to be sold, and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may and shall authorize any person, or persons, with the assistance of the constable where the search shall be (who is hereby required to be aiding and assisting herein) to search for, and seize for the use of his majesty and his successors all such horses, which horses are hereby declared to be forfeited to his majesty and his successors.	No Papist to keep any horse above the value of 5l. to be sold.

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IX. And be it further enacted, That if any person shall conceal, or be aiding or assisting in the concealing any such horse, or horses, belonging to any Papist, or reputed Papist, so refusing or making default, as aforesaid, after the said first day of July, such person shall be committed to prison, by such warrant, as aforesaid, there to remain without bail or mainprize, by the space to three months, and shall also forfeit and pay to his majesty and his successors, treble the value of such horse or horses, which value is to be settled as aforesaid.

Penalty on persons concealing such horses.

CHAP. V.

An	Act to enable certain persons to contract for the transportation of the neutral French to Great-Britain.

I. WHEREAS a large number of people called neutral French, have lately been sent into this colony, from Nova Scotia, and it is apprehended their continuance here will greatly endanger the peace and safety of the colony: 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 Peyton Randolph, esquire, Richard Bland, John Chiswell, Benjamin Waller, James Power, Archibald Cary, Robert Carter Nicholas, Dudley Digges, and Bernard Moore, gentlemen, or any five of them, be, and they are hereby impowered and required to contract with any person or persons, willing to transport the said neutral French to Great-Britain, and to agree on such prices, terms, and conditions, as they, or any five of them, shall judge reasonable for that purpose.

Neutral French to be transported to Great-Britain.

II. And be it further enacted, by the authority aforesaid, That the treasurer of this colony be, and he is hereby impowered and required, by warrant from the governor or commander in chief, to pay and discharge all such sums of money, as the said Peyton Randolph, Richard Bland, John Chiswell, Benjamin Waller,

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LAWS OF VIRGINIA, MARCH 1756−−29th GEORGE II.

James Power, Archibald Cary, Robert Carter Nicholas, Dudley Digges, and Bernard Moore, or any five of them, shall contract for, for the purposes aforesaid, in treasury notes, to be issued or emitted pursuant to an act of Assembly passed in the twenty-ninth year of the reign of his present majesty, intituled, An act for raising the sum of forty thousand pounds for the protection of his majesty's subjects on the frontiers of this colony.

CHAP. VI.

An	Act to revive and amend an Act intituled, Act for inspecting Pork, Beef, Flour, Tar, Pitch, and Turpentine.

I. WHEREAS an act of Assembly, made in the twenty-second year of the reign of his present majesty, intituled, An act for inspecting pork, beef, flour, tar, pitch, and turpentine, did expire at the end of the last session of Assembly and the same being, by experience, found useful and beneficial to the trade and export of this colony, and necessary to be revived and amended: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said recited act of Assembly, and every clause and article thereof, shall stand and be revived, and shall continue and be in force from, and after the passing of this act, for, and during the term of five years, and from thence to the end of the next session of Assembly.

Revival and amendment of act, for inspection of park, beef, flour, tar, pitch, and turpentine.

II. And be it further enacted, by the authority aforesaid, That no inspector shall pass or stamp any barrel of pork that does not appear to such inspector to be well salted and cured, before the same is packed, any thing in the said act to the contrary thereof in any wise notwithstanding.

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LAWS OF VIRGINIA, MARCH 1756−−29th GEORGE II.

CHAP. VII.

An	Act for appointing Trustees to lease out certain lands and slaves, and for other purposes therein mentioned.

I. WHEREAS Henry Peasley, formerly of the county of Glocester, deceased, was in his life time, and at the time of his death, seized in fee-simple of a tract or parcel of land, containing six hundred acres, or thereabouts, lying and being in the parish of Abingdon, in the said county, and being so seized, by his last will and testament, in writing, bearing date the seventeenth day of March, in the year of our Lord, one thousand six hundred and seventy five, devised the same by the description of the land he then lived on, together with ten cows and one breeding mare, for the maintenance of a free school for ever, to be kept with a school-master for the education of the children of the parishes of Abingdon and Ware, for ever.

Certain lands and slaves, devised by Henry Peasley of Gloster, for a free-school to be leased.

II. And whereas several slaves have been by different persons, since the above devise, given for the same purposes, but by reason of the inconvenient situation of the said land few children frequent the free-school kept there, so that the charitable intention of the said Henry Peasley, and the other donors is of little benefit to the said two parishes.

III. And whereas it is represented to this present General Assembly, by the ministers, churchwardens, and vestrymen of the said two parishes of Abingdon and Ware, that if proper persons were impowered to lease out the said land and slaves, the annual rents thereof would be sufficient to support and maintain a free-school in each of the said parishes for the education of the children residing there. 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 present ministers, churchwardens, and vestrymen of the said two parishes of Abingdon and Ware, and the ministers, churchwardens, and vestrymen of the same parishes, for the time being, shall and may be, and they are hereby nominated and appointed trustees and

Trustees of Peasley's free school to be incorporated.

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governors of the said lands, slaves, and other premisses for ever; and that the said trustees and governors shall for ever hereafter, stand and be, incorporated, established, and founded, in name and deed, a body politic and corporate to have continuance for ever, by the name of the trustees and governors of Peasley's free-school; and that they the said trustees and governors may have perpetual succession, and that by that name they and their successors may for ever hereafter have, hold, and enjoy the above mentioned tract or parcel of land, slaves, and other premisses, with their increase, and that the said trustees and governors and their successors, or the greater part of them, by the same name, shall and may have power, ability, and capacity to demise, lease, and grant the said tract or parcel of land, slaves, and other premisses, for any term of years, not exceeding twenty-one years, or for any term of years determinable upon one, two, or three lives, or for one, two, or three lives, reserving the best and most improved rents that can be got for the same, and to take, acquire, and purchase, and to sue and be sued, and to do, perform, and execute all other lawful acts and things, good, necessary, and profitable for the said incorporation, in as full and ample a manner and form, to all intents, constructions, and purposes, as any other incorporation or body politic and corporate fully and perfectly founded and incorporated may do; and that the said trustees and governors, and their successors, for the time being, may have and use a common seal for making such their demises, leases and grants, and for the doing all and every other thing and things touching, or in any wise concerning the said incorporation.	Style of corporation.
IV. And be it further enacted, by the authority aforesaid, That they the said trustees and governors, and their successors, or the greater part of them, shall and may, and they are hereby impowered and required, to erect and found a free-school in some convenient part of each of the said parishes of Abingdon and Ware, and by writing under their common seal, to nominate and appoint when, and as often as they shall think necessary, such person, or persons, as they shall approve of to be masters of the said free-schools, respectively, which masters, before they be admitted to keep school, shall undergo an examination before the minister of the parish in which the school he shall be appointed	Free school founded.

governors of the said lands, slaves, and other premisses for ever; and that the said trustees and governors shall for ever hereafter, stand and be, incorporated, established, and founded, in name and deed, a body politic and corporate to have continuance for ever, by the name of the trustees and governors of Peasley's free-school; and that they the said trustees and governors may have perpetual succession, and that by that name they and their successors may for ever hereafter have, hold, and enjoy the above mentioned tract or parcel of land, slaves, and other premisses, with their increase, and that the said trustees and governors and their successors, or the greater part of them, by the same name, shall and may have power, ability, and capacity to demise, lease, and grant the said tract or parcel of land, slaves, and other premisses, for any term of years, not exceeding twenty-one years, or for any term of years determinable upon one, two, or three lives, or for one, two, or three lives, reserving the best and most improved rents that can be got for the same, and to take, acquire, and purchase, and to sue and be sued, and to do, perform, and execute all other lawful acts and things, good, necessary, and profitable for the said incorporation, in as full and ample a manner and form, to all intents, constructions, and purposes, as any other incorporation or body politic and corporate fully and perfectly founded and incorporated may do; and that the said trustees and governors, and their successors, for the time being, may have and use a common seal for making such their demises, leases and grants, and for the doing all and every other thing and things touching, or in any wise concerning the said incorporation.

Style of corporation.

IV. And be it further enacted, by the authority aforesaid, That they the said trustees and governors, and their successors, or the greater part of them, shall and may, and they are hereby impowered and required, to erect and found a free-school in some convenient part of each of the said parishes of Abingdon and Ware, and by writing under their common seal, to nominate and appoint when, and as often as they shall think necessary, such person, or persons, as they shall approve of to be masters of the said free-schools, respectively, which masters, before they be admitted to keep school, shall undergo an examination before the minister of the parish in which the school he shall be appointed

Free school founded.

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master of shall be situated, and produce a certificate of his capacity, and also a licence from the governor or commander in chief of this dominion, for the time being, agreeable to his majesty's instructions; and the said trustees and governors shall issue and apply the rents of the said tract or parcel of land, slaves, and other premisses for the erecting, maintaining, and supporting a free-school and schoolmaster, in each of the said parishes for ever, for the education of the children of the said parishes respectively, and the said trustees and governors, and their successors, for the time being, shall and may have full power and authority to visit the said free-schools, and to order, reform, and redress all disorders and abuses in and touching the government and disposing of the same, and to remove the masters, as to them, or the greater part of them, shall seem just, fit, and convenient.
V. And be it further enacted, by the authority aforesaid, That the said trustees and governors, and their successors, or the greater part of them, for the time being, shall have full power, ability, and capacity, by the name aforesaid, to sue for and recover all rents and arrears of rent, and all and every sum and sums of money due for the use and occupation of the said tract or parcel of land, slaves, and other premisses, by virtue of any agreement or contract heretofore made by any person or persons whatsoever.	Power of trustees.
Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their heirs and successors, other than the person and persons claiming as heir, or under the will of the said Henry Peasley, all such estate, right, title, claim, and demand, which they, or any of them, should or might have, of, in, to or out of the premisses, or any of them or any part thereof.

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LAWS OF VIRGINIA, MARCH 1756−−29th GEORGE II.

CHAP. VIII.

An	Act to enable the Nottoway Indians to sell certain lands, and for other purposes therein mentioned.

I. WHEREAS by an act of Assembly made in the twenty-second year of the reign of his present majesty, intituled, An act to enable the Nottoway Indians to sell certain lands, and for other purposes therein mentioned, the chief men of the said Nottoway nation were impowered, with the consent and approbation of certain trustees therein named, to sell and convey for the use and benefit of the said Nottoway nation, three thousand acres, or thereabouts, part of their tract of land six of miles square, lying between the western boundary of their said tract, and Buckhorn swamp, on the south side of Nottoway river, in the county of Southampton, so that no part of the said main swamp be included within such sale for the best price that could be got.

Nottoway Indians authorised to sell certain lands.

II. And whereas there are about three hundred acres of low ground within the bounds aforesaid, undisposed of, and since the passing the said act the number of the said Indians, for want of the common necessaries of life, and by sickness and other casualties, is much reduced, and that part of their said lands, lying on the east side of Buckhorn swamp, and the south side of Buckhorn road, to the eastern and southern boundary of their said land, containing about five thousand acres, is more than they are able, in their present circumstances, to cultivate or make any use of, and they have petitioned this Assembly to be enabled to sell the same, for the payment of their debts, and the better support and maintenance of themselves and their posterity: 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 chief men of the said Nottoway nation be, and they are hereby impowered, by, and with the consent and approbation of Joseph Gray, William Taylor, and Howell Edmunds, gentlemen, the survivers or surviver of them, who are hereby appointed trustees to see this act duly executed, to sell at a credit

Trustees appointed to sell.

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not exceeding twelve months, and convey as well the said three hundred acres of low grounds as the said five thousand acres within the bounds aforesaid, for the best price that can be got, and after any agreement made for the sale of the same, or any part thereof, it shall and may be lawful for the chief men of the said nation, together with the trustees aforesaid, or the survivors or survivor of them, to seal and deliver any deed or deeds, indented for the conveyance of the fee-simple and inheritance of the said lands to the purchaser, who, before the execution of such deed or deeds, shall enter into bond, with good security, for the payment of the purchase money to the said trustees, for the use ahd purposes herein expressed; and any deed or deeds so executed and perfected, and acknowledged or proved by the oath of three witnesses, in the court of the said county of Southampton, or in the general court of this colony, and recorded in such court, shall be good and sufficient in law to pass the fee-simple estate of the said lands so sold; and the purchaser or purchasers, his or their heirs and assigns, shall for ever hold and enjoy the same, free and discharged from the claim of the said Nottoway Indians and their posterity, any former acts of Assembly, law, usage, or custom to the contrary thereof in any wise notwithstanding.	What lands. Deeds for, where to be recorded.
III. Provided always, That the purchaser or purchasers of the said lands, his, her or their heirs or assigns, shall hold the same of his majesty, his heirs and successors, under the like quit-rents as are paid by persons obtaining grants for lands from his majesty.	Proviso.
IV. Provided also, That the said trustees shall cause public notice to be given at least thirty days before the sale, by fixing up advertisements of the time and place of such sale, at the door of the court-house of the said county, on a court-day, and at every church and chapel in the parish where the said lands lie, which sale shall be made by public auction upon the said lands, and if any purchase shall be made, by any person or persons whatsoever, contrary to this act, the same shall be void to all intents and purposes.	Notice of sale.
V. And be it further enacted, by the authority aforesaid, That the said trustees, and the survivors or survivor of them, are hereby impowered and required to examine and settle the accounts and claims exhibited against the said Nottoway nation or any of the said	Trustees to settle accounts of Indians.

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Indians, and the same being duly proved, to pay and satisfy out of the money arising by such sale, or part or share of the money due to the Indian or Indians, against whom such account or claim shall be exhibited respectively; provided that no part of such account or claim for spiritous liquors shall be allowed: And when the said accounts shall be fully satisfied and paid according to the true intent and meaning of this act, the said trustees, or survivors or survivor of them, shall retain the money over and above in their own hands, which shall be by them applied towards furnishing the said Indians, with the common necessaries of life, and enabling them to pay their annual tribute, and no other use or purpose whatsoever; and the said trustees, the survivors or survivor of them shall account to the general Assembly as often as required, in what manner they have discharged the trust reposed in them by this act, and shall be allowed in their accounts five per centum, upon the whole money arising from the sale, for their trouble and expence in the execution thereof.

Indians, and the same being duly proved, to pay and satisfy out of the money arising by such sale, or part or share of the money due to the Indian or Indians, against whom such account or claim shall be exhibited respectively; provided that no part of such account or claim for spiritous liquors shall be allowed: And when the said accounts shall be fully satisfied and paid according to the true intent and meaning of this act, the said trustees, or survivors or survivor of them, shall retain the money over and above in their own hands, which shall be by them applied towards furnishing the said Indians, with the common necessaries of life, and enabling them to pay their annual tribute, and no other use or purpose whatsoever; and the said trustees, the survivors or survivor of them shall account to the general Assembly as often as required, in what manner they have discharged the trust reposed in them by this act, and shall be allowed in their accounts five per centum, upon the whole money arising from the sale, for their trouble and expence in the execution thereof.

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Pages 46-67

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