Pages 46-67 
|  Pages 93-116
|
| Pages 46-67
| Pages 93-116
|
| ANNO REGNI GEORGII II, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, tricesimo. 
| ||||
|
Robert Dinwiddie, esq. governor. | |||
| CHAP. I. | ||||
| ||||
| I. WHEREAS it is necessary, in this time of danger, that the forces now in the pay of this colony should be augmented, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority | Method of drafting. |
| of the same, That the forces now in this colony shall be augmented to one thousand two hundred and seventy, including non-commissioned officers: And for the more speedy raising the men that shall be wanted to complete that number, the sheriff of every county within this colony, and the serjeants of the city of Williamsburg and borough of Norfolk, shall cause to be summoned the several justices, and field officers, and captains of their respective counties, city and borough, to meet at the court-houses of the said counties, city and borough, respectively, within fifteen days after the passing of this act; which said justices, field-officers, and captains, or any number of them not less than seven, shall then and there hold a court, and examine and enquire into the occupation and employment of the several inhabitants of the said counties, city and borough, between the age of eighteen and fifty years, which examination shall be taken by the several muster-rolls (which the county-lieutenant or chief commanding officer is hereby required to lay before such court) and by such other methods of inquiry as to the said court shall seem expedient: And the said courts are hereby impowered and required to prick down all such able-bodied persons, within their respective jurisdictions, as shall be found loitering and neglecting to labor for reasonable wages; all who run from their habitations, leaving wives or children without suitable means for their subsistence, and all other idle, vagrant, or dissolute persons, wandering abroad without betaking themselves to some lawful employment; and all such who, in pursuance of the act of Assembly, made in the twenty-ninth year of his present majesty's reign, 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, did receive the reward of ten pounds to enter into his majesty's service, and deserted the same before the expiration of ht time directed by the said act. And in case a sufficient number of such persons, as are before described, cannot be found in any county, city or borough, to make up their respective quotas, according to the directions of this act, then the said courts are hereby impowered to prick down such able-bodied men, not being freeholders or house-keepers qualified to vote at an election of burgesses, as they shall think proper to |
| make up the same. And such courts, to be held as aforesaid, are hereby impowered and required to order the sheriffs of the said counties, and serjeants of the said city and borough, respectively, and such officers of the militia, not being members of the said courts, as they shall think proper, to bring before them the several persons so pricked down as aforesaid, at a succeeding court to be held as aforesaid, within ten days of the former; and such court shall then proceed to draft out such, and so many of them, as shall be deemed proper for the service aforesaid, in the following proportion, that is to say, one man for every forty effective soldiers in the militia of each county, city and borough. And where it shall so happen that the militia of any county, city or borough shall amount to any number, so as to leave or afford twenty men over and above the forties for which one man is to be drafted, then such court shall draft one more for the said twenty men as aforesaid. | |
| II. And be it further enacted, by the authority aforesaid, That the several courts, to be held as aforesaid, before they proceed to prick down and draft the soldiers, as is before directed, shall take the following oath, which shall be first administred to the first justice in the commission of the peace, present at such court, by any two of the members then present, and then by the said justice to the other members of the court, that is to say: | The oath to be taken by the court. |
| You shall swear that you will do equal right and justice to all men, according to the act of Assembly, intituled, An act for granting an aid to his majesty for the better protection of this colony, and for other purposes therein mentioned, without favor, affection or partiality, so help you God. | |
| III. And it is hereby further enacted, That every such court shall appoint some person to act as clerk, who shall enter the proceedings of such court, and shall transmit the same to the clerk of the county, city or borough, to be by him recorded. And every justice, militia officer, sheriff, or serjeant that shall neglect or fail to do the duty by this act required to them respectively, shall forfeit and pay for every such failure or neglect the sum of twenty pounds, one moiety to our sovereign lord the king for the public use, and to be paid to John Robinson, esquire, treasurer of this colony, or to the treasurer for the time being, appointed | Court to appoint a clerk. Penalty on court, &c. |
| by or pursuant to an act of Assembly, and disposed of as the General Assembly shall direct, and the other moiety to the informer, and shall and may be recovered with costs, by action of debt or information, in any court of record within this colony. | |
| IV. And for the encouragement of persons who may be inclined to inlist voluntarily into the said service, Be it further enacted, by the authority aforesaid, That every able-bodied person, willing to inlist into such service, that shall appear before either of the said courts, hereby appointed to beheld as aforesaid, and there inlist himself as a soldier, provided the same be done before the drafting as aforesaid shall be compleated, shall be entitled to five pounds: And if any person present shall be willing to, and shall advance the said reward to the person so inlisting, the person paying the same shall, upon producing a receipt, be repaid the money so advanced, by the treasurer, out of the money herein after appropriated for raising and maintaining the forces hereby intended to be raised; and if no person present will advance the said reward, then the person so inlisting shall be paid the same within three days after his arrival at the place of general rendezvous, by the commanding officer of the forces in the service of this colony. And the court before whom such person shall inlist shall order the clerk to give such person a certificate of his inlisting, to entitle him to the reward aforesaid: And every person so inlisting shall be deemed and taken as one of the number herein before directed to be drafted for each county, city or borough. | The reward to those who voluntarily inlist. |
| V. And for the encouragement of persons, so as aforesaid pricked down, to appear at the second court to be held as aforesaid, Be it further enacted, That every person so pricked down, who shall appear at such second court, and be drafted into the service, shall be entitled to the sum of three pounds, to be paid in manner aforesaid. | Reward to those who are drafted. |
| VI. And be it further enacted, by the authority aforesaid, That every person pricked down as aforesaid shall give to the sheriff, serjeant, or militia officer, appointed to bring such person before the succeeding court, sufficient security in the sum of fifty pounds for his appearance at such court, and in default thereof it shall and may be lawful for such sheriff, serjeant, or militia officer, to commit such person to the goal of the | Where the party is pricked down at the first court. |
| county, city or borough, there to remain, until the said succeeding court: And if any such person shall resist such sheriff, serjeant, or officer, it shall and may be lawful for him immediately to raise any number of men sufficient to apprehend such person. And every person refusing to obey such sheriff, serjeant, or officer, for the purpose aforesaid, shall, upon conviction thereof, before the next court to be held for such county, city or borough (without the formality of a jury) be fined the sum of five pounds. And if any person pricked down as aforesaid, shall, in resisting the officer appointed to apprehend him, use any fire-arms, sword, or other unlawful weapon, such person, and their aiders and abettors, shall, upon conviction thereof, before the general court of this colony, suffer death as in cases of felony, without benefit of clergy. And every person or persons apprehending such offender shall, upon his conviction, be entitled to the reward of ten pounds, to be paid by the public, for every such offender. And if any person or persons shall harbour or conceal any of the persons pricked down as aforesaid, every such offender shall forfeit and pay the sum of five pounds to the use of the informer, and to be recovered as aforesaid. | Penalty on persons refusing to assist the officer.
Penalty resisting the officer. Reward for apprehending. Penalty harbouring persons pricked down. |
| VI. And be it further enacted, by the authority aforesaid, That the court, at the said succeeding court, shall order the men so inlisting or drafted as aforesaid, to be delivered to the county-lieutenant or chief commanding officer of every county, city, or borough present at such court, who is hereby required to receive them, and to order any captain of his militia to take with him so many soldiers of the said militia as such commanding officer shall think proper, and convey and deliver the persons inlisted or drafted as aforesaid to the officer or officers appointed by the governor or commander in chief of this colony for the time being to receive them: And such captain shall be allowed all necessary expences for victualling and lodging himself, the soldiers attending him, and the persons inlisted or drafted as aforesaid, so as the same shall not exceed fifteen pence per day for every man during such march, and such captain and the soldiers attending him shall moreover be entitled to the same pay as if drawn into actual service upon an invasion or insurrection. And if any such county-lieutenant or chief | Method of conveying the men drafted to the officers appointed to receive them. |
| commanding officer of the militia shall refuse to receive the persons inlisted or drafted as aforesaid, or neglect or refuse to order a captain to convey and deliver them as aforesaid, such county-lieutenant or chief commanding officer shall forfeit and pay the sum of fifty pounds: And if any captain, or any of the men appointed to attend him as aforesaid, shall refuse to obey the orders of his or their county lieutenant or chief commanding officer, for the conveyance and delivery of the said persons inlisted or drafted, every captain so offending shall forfeit and pay the sum of fifty pounds, and every soldier failing to attend shall forfeit and pay the sum of ten pounds, which several fines shall be one half to our sovereign lord the king for the public use, and to be paid and disposed of as aforesaid, and the other moiety to the informer, to be recovered with costs, by action of debt or information, in any court of record where the same shall be cognizable. | |
| VIII. And be it further enacted, by the authority aforesaid, That if notwithstanding the encouragement given, and the methods herein before prescribed, for the bringing the persons pricked down at the first court to the second court, it shall so happen that all the persons so pricked down shall not appear at such second court, in order to their being drafted, the said court shall proceed to draft out of those that shall appear. And every person, not appearing as aforesaid, shall be deemed a deserter from his majesty's service, and be punished accordingly. | Where those pricked down at the first court fail to appear at the second. |
| IX. And be it further enacted, That if the method prescribed by this act shall be found ineffectual for raising the number of men hereby intended to be raised, it shall and may be lawful to and for the officers appointed for that purpose by the governor or commander in chief to inlist so many men, willing to enter into the said service, as shall be sufficient to compleat that number; and every person so inlisting shall receive from the officer inlisting him the sum of five pounds; and every such officer shall be allowed, over and above such rewards paid by him, all his necessary expences in the inlisting such persons and conveying them to the place of general rendezvous. | Where the number of men pricked down fall short. |
| X. And be it further enacted, by the authority aforesaid, That the said one thousand two hundred and seventy-two men shall be formed into twelve companies, | How the men are to be formed. |
| under the command of a colonel, lieutenant-colonel, major, nine captains, twenty-four lieutenants, and twelve ensigns; and there shall be allowed to the said forces a chaplain, a paymaster, three surgeons and one surgeon's mate, an adjutant, and a quarter-master. | |
| XI. And be it further enacted, That two of the said companies of the men now in the pay of this colony, with one of the surgeons shall be sent to the assistance of South-Carolina; and one other company of the men so to be raised, with one other of the said surgeons, to garison the fort lately built at the expence of this colony in the Cherokee country, and seven companies shall be and remain for the defence and protection of this colony, and two other companies, to consist of the men that shall be raised by virtue of this act after the other ten companies shall be completed, shall also be sent to the assistance of South-Carolina, if it shall be thought necessary by the commanding officer of his majesty's forces in North-America. | The forces how to be disposed. |
| XII. And be it further enacted, by the authority aforesaid, That so much money as shall be necessary for defraying the charge of raising, maintaining, paying, clothing, and other expences of the said officers and men, shall be paid by the treasurer of this colony for the time being, appointed as aforesaid, out of the public money that shall come to his hands by virtue of this act, to such person or persons as shall be directed by warrant under the hand of the governor or commander in chief of this colony for the time being, so that the sums so to be paid do not exceed in the whole the sum of thirty six thousand pounds, to be accounted for to the General Assembly. | |
| XIII. And whereas it will be very troublesome to the governor, or commander in chief, to examine and settle the accounts of the several charges and expences of the said officers and men, Be it therefore enacted, by the authority aforesaid, That William Prentis, James Cocke and Thomas Everard, gentlemen, shall be, and they are hereby appointed commissioners to examine, state and settle such accounts relating to the expences of the said officers and men, as shall from time to time be referred to them by the governor or commander in chief for the time being; and each of the said commissioners shall be allowed for their trouble therein the sum of seventy-five pounds. | Commissioners appointed. |
| XIV. And be it further enacted, by the authority aforesaid, That the said treasurer shall, out of the money to be raised by virtue of this act, pay to the honorable Robert Dinwiddie, esquire, lieutenant-governor and commander in chief of this dominion, or to the commander in chief for the time being, a sum of money not exceeding six thousand pounds, to be laid out for, and in the raising and maintaining, three companies consisting of one hundred men each, with their officers, to be employed as rangers for the protection of the subjects on the south-western frontiers of this colony, as the governor or commander in chief shall direct from time to time, and shall not be sent out of this colony, or incorporated with the soldiers now in his majesty's service; and the money so received shall be accounted for to the General Assembly. | Three companies of rangers to be raised for the protection of the south-western frontiers. |
| XV. And whereas there are large arrears due to the present officers and soldiers now in the pay of this colony, to the rangers formerly employed, and for the expences of building a fort in the Cherokee country, and to the militia that have been drawn out into actual service, and also for provisions for the said soldiers, rangers and militia, Be it further enacted, by the authority aforesaid, That so much money as shall be necessary to discharge the same, not exceeding twenty-five thousand pounds, shall be by the said treasurer paid to such person or persons as shall be from time to time directed by John Robinson, Peyton Randolph and Charles Carter, esquires, Benjamin Waller, John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter, Edmund Pendleton, and Robert Carter Nicholas, gentlemen, or any five of them, with the consent and approbation of the governor or commander in chief of this dominion, for the time being. | Committee. |
| XVI. And whereas several Indians have already come to the assistance of this colony, and more may come, Be it further enacted, by the authority aforesaid, That for defraying the charges of such Indians there shall be paid by the treasurer, out of the money that shall come to his hands by virtue of this act, to such person or persons as shall be directly by warrant under the hand of the governor or commander in chief of this dominion for the time being, a sum not exceeding three thousand pounds. | A sum given for defraying the charges of the Indians. |
| XVII. And for the raising the several sums of money hereby given and granted, Be it enacted, by the authority aforesaid, That a duty of two shillings for every hogshead of tobacco passed and delivered out at and from the several warehouses in this colony, between the twentieth day of October next, and the twentieth day of October in the year one thousand seven hundred and sixty-four, shall be paid by the owner or proprietor thereof, which said duty the several inspectors at the said warehouses shall, and they are hereby impowered and required, to collect and receive, without fee or reward, of and from the said owners and proprietors before they deliver such tobacco out of their respective warehouses, and shall be by them accounted for upon oath, and paid to John Robinson, esquire, treasurer of this colony, or to the treasurer for the time being, appointed by or pursuant to an act of Assembly, and shall be accounted for by the said treasurer to the General Assembly, after deducting two per centum for his salary in receiving and paying the same. | Duty on tobacco. |
| XVII. And be it further enacted, by the authority aforesaid, That a tax or duty of two shillings shall be paid for every person in this colony to the sheriff where such person shall be inlisted by the person inlisting such tithable, on or before the tenth day of April one thousand seven hundred and sixty-one, and the further tax or duty of two shillings for every such tithable person shall be paid in like manner on or before the tenth day of April one thousand seven hundred and sixty-two, and that a further tax or duty of two shillings for every such tithable person shall be paid in like manner on or before the tenth day of April one thousand seven hundred and sixty-three, and that a further tax or duty of two shillings for every such titheable person shall be paid in like manner on or before the tenth day of April one thousand seven hundred and sixty-four, which taxes shall be collected by the sheriffs according to the lists of tithables taken and subsisting at the time of payment in each year; and where the sheriff shall discover any tithables not inlisted, such sheriff is hereby impowered and required to collect and levy the said taxes respectively upon the person so discovered, and shall account for and pay the same in like manner as if such tithable had been inlisted, and that a tax of one shilling | Tax on tithables. Tax on land. |
| for every hundred acres of land, and after that rate for a greater or lesser quantity, shall be paid by the owner or proprietor thereof on or before the said tenth day of April in each of the said years, one thousand seven hundred and sixty-one and the three next following, to the sheriff of the county wherein such land shall lie, and to be collected by and according to the rent-rolls delivered to the sheriffs respectively for the collection of his majesty's quit-rents in each of the said years. | |
| XVIII. And for enabling the sheriffs to collect the said land-tax from the proprietors of lands within the territory of the right honorable Thomas, lord Fairfax, Be it further enacted, That every such proprietor shall, on or before the first day of January immediately preceeding the time of payment in each of the said years, deliver to the clerk of the county where he or she shall reside, or the lands lie, a just and true account of the quantity of land by him or her held within the said territory, according to the quantity for which they have usually held the same; and every person failing so to do, shall forfeit and pay the sum of ten pounds for every such failure, to our sovereign lord the king, to the same use as the taxes hereby laid are appropriated, and to be recovered with costs in any court of record within this dominion. And such clerk shall, within three months thereafter, transmit a true copy of such lists to the treasurer of this colony for the time being, and shall also deliver another copy of such lists to the sheriff of the county, or other person appointed to collect the said land-tax, within one month after he shall receive the same, who is hereby required to collect the said land tax, from the said proprietors, according to the account so delivered respectively. And every clerk failing to do his duty herein, shall, for every failure, forfeit and pay the sum of five hundred pounds, one half to our lord the king, for the public use, to be paid and disposed of as before directed, and the other moiety to the informer, to be recovered as before directed. And where the sheriff or collector shall discover that any persons hold lands within his county, of which no account is rendered as aforesaid, such sheriff or collector is hereby required to collect and levy the said tax, and account for and pay the same in the same manner as if an account of the said land had been rendered as aforesaid. | How the land tax to be collected in the northern-neck. |
| And in case of failure in the payment of the said land-tax or poll-tax, at the times herein before limited for the payment thereof respectively, it shall and may be lawful for the sheriff or collector of each county to levy the same by distress and sale of the slaves, goods, and chattels of the person so failing, in like manner as is provided in case of other distresses: And where there are no effects to be found upon the lands hereby chargeable with the said land-tax, it shall be lawful for the sheriff of the county where such lands lie, or the sheriff of the county where the proprietor of the land lives, to levy the said tax upon the estate of such proprietor wherever the same can be found. | |
| XIX. And be it further enacted, That the several sums of money to be collected in pursuance of this act, for the said land-tax and 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 the payment of the said taxes in each year, after deducting five per centum for each sheriff's salary in collecting the same, to be accounted for by the said treasurer to the General Assembly, after deducting two per centum for his salary in receiving and paying the same. | Taxes to be paid to the treasurer. |
| XX. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, on or before the first day of December, one thousand seven hundred and sixty, give bond and security before the court of the county whereof he is sheriff, for the due collection and payment of the said taxes so to be collected by him the year ensuing; and every sheriff shall, in like manner, on or before the said first day of December, in each of the three following years, give bond and security for the collection and payment of the taxes by this act required to be collected and paid in the year next following the time of giving such bonds, respectively; and if any sheriff shall die or be removed from his office after having given such bond, and before the collection is made for which such bond is given, the succeeding sheriff shall, in like manner, give bond and security at the time he shall be sworn into his office, and shall collect, levy and account for so much of the said taxes as shall remain unpaid to the | Sheriffs to give bond. |
| sheriff so dying or being removed. And if any sheriff shall fail or refuse to give security for collecting the taxes imposed by this or any former act of Assembly, according to the directions of such 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 the recovery of the same, which, when recovered, shall be paid to the treasurer aforesaid, and applied to the same uses as the taxes hereby imposed are directed to be applied. | |
| XXI. Provided always, That if such sheriff shall, in open court, on his corporeal 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: And upon such refusal or failure the county court is hereby impowered and required to appoint some other person to collect the taxes by this act directed to be levied by such sheriff, and the person so appointed shall give bond and security, in like manner, and shall have power and authority, and is hereby required to collect, levy, and account for the said taxes in the same manner as is directed in the case of the sheriff; and if no other person will undertake such collection, such court shall certify the refusal or inability of the sheriff to the governor or commander is 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, shall, at the next court to be held for his county, after the date of his commission, give bond and security for the due collection and payment of the taxes laid by this and former acts, and shall account for and pay the same in like manner as is directed in this or former acts, respectively, 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: And if any sheriff or collector shall refuse or neglect to account for and pay the said taxes, according to the directions of this act, after deducting the several sums chargeable to persons who have no visible | Proviso where sheriffs cannot provide security. |
| estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer, to give judgment against such sheriff or collector and his security, his or their executors or administrators, for all the money wherewith he shall be chargeable by virtue of this act, and thereon to award execution, provided that such sheriff or collector, and their securities, have ten days previous notice of such motion. | |
| XXII. And be it further enacted, by the authority aforesaid, That from and after the ninth day of July, one thousand seven hundred and fifty-eight, during the term of seven years, there shall be paid for all slaves imported into this colony, for sale, either by land or water, from any port or place whatsoever, by the buyer or purchaser thereof, after the rate of ten per centum on the amount of each respective purchase, over and above the several duties already laid upon slaves imported, as aforesaid, by any act or acts of Assembly now subsisting in this colony, which said additional duty shall be paid, collected and accounted for in such manner and form, and according to such rules, and under such penalties and forfeitures as are mentioned, prescribed, and appointed for the paying, collecting, and accounting for the duties already imposed upon slaves imported by the several acts of Assembly now in force. | An additional duty on slaves imported. |
| XXIII. And whereas by reason of the great scarcity of gold and silver in this colony, the taxes imposed by this act cannot be collected in time to answer the purposes hereby intended, Be it enacted, by the authority aforesaid, That it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, to issue and emit treasury notes to answer the demands that shall be made upon him for the purposes aforesaid, so as the whole sum of such notes so to be issued shall not exceed the sum of eighty thousand pounds. | Treasury notes to be emitted. |
| XXIV. And whereas the allowing treasury notes to bear interest is found to be very burthensome to the country, and not to have answered the good purposes intended by former acts of Assembly, and it will be prejudicial to have notes of different value circulating at the same time: Be it further enacted, by the authority | Old notes to be called in. |
| aforesaid, That the treasurer of this colony for the time being, appointed as aforesaid, shall, as soon as the same can be conveniently done, after the first day of December next ensuing, take in all such treasury notes as have been emitted pursuant to an act of Assembly made in the twenty-ninth year of his present majesty's reign, 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: Also one other act passed at the first session of this present General 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: And one other act passed at the last mentioned session, intituled, An 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: And the said treasurer shall pay unto the proprietor or proprietors of such treasury notes, respectively, the sum for which the same were issued, with interest thereon after the rate of five per centum per annum, from the date thereof to the first day of December next ensuing. | |
| XXV. And be it further enacted, That it shall and may be lawful for the said treasurer or the treasurer for the time being, appointed as aforesaid, to issue and emit treasurer notes to anser the demands that shall be made upon him for the former notes so to be taken in, which several notes to be issued in pursuance of this act shall be prepared, printed and engraved, in such form and after such method as the said treasurer shall judge will be most safe from counterfeits and forgeries. And six thousand of the said notes shall be of the value or denomination of ten pounds, and shall be signed by Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman: Six thousand of the said notes of the value or denomination of five pounds, and shall be signed by the said Peyton Randolph, esquire, and Robert Carter, gentleman: six thousand of the said notes of the value or denomination of three pounds, and shall be signed by the said Peyton Randolph, | The form, denomination, and signers, of the notes. |
| esquire, and Robert Carter Nicholas, gentleman: Six thousand of the said notes of the value or denomination of two pounds, and shall be signed by the said Peyton Randolph, esquire, and Robert Carter, gentleman: Thirty thousand of the said notes of the value or denomination of twenty shillings, and shall be signed by Benjamin Waller and Philip Johnson gentlemen: Thirty thousand of the said notes of the value or denomination of ten shillings, and shall be signed by Benjamin Waller and Philip Johnson gentlemen: Thirty thousand of the said notes of the value or denomination of five shillings, and shall be signed by John Randolph, esquire: Thirty thousand of the said notes of the value or denomination of two shillings and six-pence, and shall be signed by the said John Randolph, esquire. Thirty-three thousand of the said notes of the value or denomination of one shilling and three-pence, and shall be signed by Edmund Pendleton, gentleman: Thirty-three thousand of the said notes of the value or denomination of one shilling and shall be signed by the said Edmund Pendleton, gentleman: | |
| XXVI. And be it further enacted, by the authority aforesaid, That in case of the death or absence of any of them the said Peyton Randolph, Robert Carter Nicholas, Benjamin Waller, Philip Johnson, John Randolph, or Edmund Pendleton, before all the treasury notes shall be signed which are herein required to be signed by such person, in that case it shall and may be lawful for the said John Robinson or the treasurer for the time being, appointed as aforesaid, to appoint some other person to sign such notes in the room of him so dead or absent, which signing shall be as effectual to all intents and purposes as if such notes were signed by the persons herein named, and public notice of such alteration shall be given by the treasurer in the Virginia Gazette for three weeks after such alteration shall take place. | Where any of the signers die or are absent. |
| XXVII. And be it further enacted, That John Palmer, William Waters, and George Davenport, gentlemen, shall, and they are hereby appointed to overlook the press during the time of printing the notes to be issued pursuant to this act, who shall use the best of their care, attention, and diligence that the number and amount of the said notes, according to their respective denominations aforesaid, be not exceeded, nor | Persons appointed to number the notes, and overlook the press. |
| any fraudulent practice used by the printer, his servants, or any person concerned therein, and shall number and deliver such notes, when printed, to the persons appointed to sign the same respectively, taking his or their receipt for the same, from time to time; and that each of them shall have for their trouble therein the sum of fifty pounds, to be paid them by the treasurer for the time being: And the person so appointed to sign the said notes shall deliver them, when signed, to the treasurer for the time being, appointed as sforesaid, and take his receipt for the same; and each signer shall receive of the said treasurer twenty shillings for every thousand of the said notes by them respectively signed and delivered as aforesaid; and the said treasurer shall be allowed one per centum upon all the said notes by him paid away, as his salary for paying the same, and taking in the old notes as aforesaid. | Their allowance. |
| XXVIII. And be it further enacted, by the authority aforesaid, That all the treasury notes which have been emitted pursuant to the herein before recited acts of Assembly shall, from and after the said first day of December next, cease to be current in this colony, and shall from thenceforth become null, void and of no effect. And that Peyton Randolph, esquire, Benjamin Waller, Robert Carter Nicholas, Dudley Digges, and Philip Johnson, gentlemen, or any three of them be, and they are hereby appointed a committee to examine all such old notes as shall be taken in by the said treasurer pursuant to this act, who having duly examined the same shall cause them to be burnt and destroyed in their presence, and shall give the treasurer a certificate of the whole amount of such notes, with the interest thereon, which certificate shall be to all intents and purposes as good and effectual in the settlement of his accounts, as if he produced such notes: And the said committee, shall in like manner, from time to time, examine all such notes to be issued in pursuance of this act, as the treasurer for the time being shall be willing to deliver up, and upon receipt thereof to give him a certificate for the amount of such notes, which shall avail the said treasurer in the settlement of his accounts as effectually as if he produced the notes for the same; and the said committee are hereby required, as soon as they have given such certificate, to cause such notes to be burnt and destroyed. | The old notes to cease being current after the first of December next. |
| XXIX. And be it further enacted, That all notes so to be issued in pursuance of this act shall be redeemable on the first day of March, one thousand seven hundred and sixty five, and shall then be paid by the treasurer for the time being. And further, that all such notes shall be received and pass as a lawful tender in payment of any debt, duty, or demand whatsoever (except for the payment of his majesty's quit-rents) from the time of issuing such notes until the time before specified for the redemption thereof at the treasury, as aforesaid. And if any person or persons, within this colony, shall, during the time the said treasury notes are to remain current, as aforesaid, offer to sell or expose to sale any goods or chattels, lands or tenements whatsoever, and shall deny or refuse to sell the same, or demand a greater price unless he be paid for the same in gold or silver coin, and not in the said notes; or if any person or persons shall exchange gold or silver coin for the said bills, and demand or take any allowance for the difference of the value thereof, or shall offer to buy or sell bills of exchange at a greater or higher difference of exchange for the said treasury bills than for gold or silver coin, or shall use any other device, means, or method whatsoever, whereby the credit of the said notes may be impaired, every person so offending shall forfeit and pay after the rate of twenty per centum upon the value of the goods or chattels, lands or tenements, so offered or exposed to sale, or of the money so exchanged, or of the bills of exchange, so bought or sold, to be recovered by the informer, to his own use, before any justice of the peace, where the penalty does not amount to more than twenty-five shillings, and where it shall exceed that sum the said penalty shall be one half to our lord the king, for the public use, and to be paid to the treasurer aforesaid, or the treasurer for the time being, appointed as aforesaid, and disposed of as the General Assembly shall direct, and the other half to the informer, and shall and may be recovered, with costs, by action of debt or information, in any court of record within this colony. | The time of redemption of the new notes, and their credit.
Penalty for depreciating notes. |
| XXX. And be it further enacted, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or erase any such treasury note, or shall tender in payment, by way of barter or otherwise, to any person whatsoever, or shall demand a redemption | Death to counterfeit &c. them. |
| of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every such person so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy. | |
| XXXI. And be it further enacted, That the money to be raised by the duties and taxes, imposed by this act and the herein before recited acts, shall stand, be, and remain as a security for the redemption of the said treasury notes so to be issued; and the said John Robinson, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands by virtue of this and the said recited acts, for, and towards the redemption of the said treasury notes, and to no other use, intent or purpose whatsoever. | The security for their redemption. |
| XXXII. And whereas the method of collecting the land-tax, imposed by the said recited acts, from the proprietors of land within the territory of lord Fairfax, hath been found ineffectual, Be it further enacted, That so much of the said recited acts as directs such proprietors to render an account of the quantity of lands by them respectively held to the sheriff of their county annually, be, and the same is hereby repealed: And that for the future every such proprietor shall, at the times, and under the penalty by the said acts respectively appointed for that purpose, deliver such account of the quantity of land by him held, according to the quantity for which he has annually held the same, to the clerk of his county court who shall transmit a copy thereof to the treasurer, and deliver another copy to the sheriff or collector, in manner, and under the penalty herein before directed for the collection of the land-tax hereby imposed; and the sheriff or collector shall collect, levy, and account for the said taxes according to the accounts so delivered to him, and the directions and regulations in the said recited acts mentioned; and where the sheriff or collector shall discover that any person holds lands within the said territory of which no account is rendered, as aforesaid, such sheriff or collector is hereby required to collect and levy the land-tax, imposed by the said former acts, from such proprietor, and account for and pay the same in the same manner as if an account of the said land had been rendered, as aforesaid. | Method of collecting the land-tax in the Northern neck. |
| XXXIII. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, shall give such further security as shall be approved by the governor or commander in chief of this colony, in the sum of eighty thousand pounds, for the due answering and paying all the money by him received, from time to time, and for the due and faithful performance of his said office; and in case of his death, resignation; or disability, the treasurer to be appointed in his stead, shall, in like manner, give such further security before he enters into his said office. | Treasurer to give further security. |
| CHAP. II. An Act for preventing Mutiny and Desertion. | |
| I. WHEREAS it is judged necessary in this time of open war, that a number of forces should be raised and kept on foot, for vindicating the honor of his majesty's crown, and for the safety and defence of this dominion, amounting to fifteen hundred and seventy two men, including three companies of rangers, to consist of one hundred men each. And whereas no man can be forejudged of life, or limb, or subject to any kind of punishment by martial law, or in any other manner, than by the judgment of his peers, and according to the known and established laws of this colony: Yet nevertheless it being requisite for the retaining such forces in their duty, that an exact discipline be observed, and that the soldiers who shall mutiny or stir up sedition, or shall desert his majesty's service be brought to a more exemplary and speedy punishment, than the usual forms of the law will allow. | Preamble. |
| II. Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That from and after the passing of this act, if any person being mustered, or in pay as an officer, or who is or shall be inlisted or in pay as a soldier or | The punishment. |
| ranger, by virtue of any act of Assembly, or shall during the continuance of this act voluntarily enter himself into his majesty's service as a soldier or ranger, shall at any time during such continuance of this act within this dominion, begin, excite, cause, or join in any mutiny or sedition in the company or regiment whereto he doth belong, or in any other company, or desert his majesty's service, or being a soldier or ranger actually inlisted in any company, shall inlist himself in any other company, without a discharge produced in writing from the colonel, or in his absence the chief officer commanding the regiment or company in which he last served as an inlisted soldier or ranger; or if any officer, soldier or ranger, so inlisted as aforesaid, shall hold correspondence with any of his majesty's enemies, or give them advice or intelligence either by letters, messages, signs, or tokens, or any manner of way whatsoever, or shall treat with such enemies, or enter into any condition with them, without the licence of his majesty's lieutenant-governor, or commander in chief of this dominion, or the colonel or chief officer commanding such regiment; or shall strike or use any violence against his superior officer, being in the execution of his office, or shall refuse to obey any lawful command of his superior officer, all and every person and persons so offending, in any of the matters before mentioned, shall suffer death, or such other punishment, as by a court martial shall be inflicted. | |
| III. And be it further enacted, by the authority aforesaid, That the governor or commander in chief of this dominion, may from time to time grant a commission under the seal of this colony to any officer of such regiment, not under the degree of a field officer, for holding a general court martial within this dominion, for the trial of any officer or soldier belonging to the Virginia regiment, in which court martial all the offences above mentioned, and all other offences herein after specified shall be tried and proceeded against in such manner, as by this act shall be hereafter directed. | The court martial. |
| IV. And be it also further enacted, That it shall and may be lawful to and for such court martial, by their sentence or judgment to inflict corporal punishment, not extending to life or limb, on any soldier for immoralities, misbehaviour, or neglect of duty. | They may inflict corporal punishment. |
| V. And it is hereby further enacted and declared, That no general court martial which shall have power 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. | Not to consist of less than nine. | ||
| VI. Provided always, That in all trials of offenders by general courts 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 oaths upon the holy evangelists, which shall be first administered to the presiding officer by the rest of the members present at such courts martial, and then by the presiding officer to them, that is to say, | |||
|
The oath to be taken by such court. | ||
| |||
| 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, | 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 a due course of law. | His oath. |
| 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, 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. | Party tried to have a copy of the proceedings. |
| VII. Provided also, 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 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. | Transcript of the proceedings sent to the governor. |
| VIII. And be it further enacted, by the authority aforesaid, That the governor or commander in chief of this colony, may, for the trial of the officers or soldiers belonging to any company of rangers, grant a commission under the seal of this colony, to one of the field officers of the said regiment to hold a court martial, which court martial shall consist of such officer and the commissioned officers of the several companies | Court-martial. |
| of rangers, to be raised by virtue of any act of Assembly, or seven of them at least, and no sentence of death shall be given against any offender by such court martial, unless six officers then present shall concur therein: And the said court martial so constituted shall have the same power, that the courts martial to beheld by virtue of this act for the trial of the officers and soldiers of the Virginia regiment have, and shall in every other respect be subject to the same rules, orders, and regulations. | |
| IX. And whereas several soldiers and rangers after being inlisted do desert and are often found wandering or otherwise absenting themselves illegally from the service aforesaid. 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 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 inlisted soldier or ranger, and ought to be with the 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 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. | Deserters how they may be apprehended. |
| X. 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 | Constables may impress horses, &c. |
| for the better encouragement of any person or persons to secure or apprehend such deserters aforesaid. | |
| XI. 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. And when any deserter shall have crossed the bay of Chesapeak, every constable to whom such deserter shall be committed, shall forthwith cause him to be transported again across the bay and delivered to a constable there, to be conveyed as is herein before directed, and for his trouble and charge therein, such constable shall have and receive five hundred pounds of tobacco, for every deserter so transported and delivered, to be paid by the public. | Reward to persons taking up deserters. |
| XII. Provided always, That if any person shall harbor, conceal, or assist any deserter from the forces 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 such offence shall be committed; the said penalties shall be levied by warrant 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. | Penalty on those harboring or dealing with deserters. |
| XIII. 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, it shall and may be lawful for all or any person 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. | The general issue plead and special matter given in evidence. |
| XIV. 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. |
| Pages 46-67
| Pages 93-116
|