Pages 93-116  ======   ======  Pages 139-161  

===========================================================

116

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
CHAP. V.

An Act for establishing a trade with the Indians in alliance with his majesty.
      I. WHEREAS the establishing a trade with the Indians in alliance with his majesty, in order to supply them with goods and other necessaries for their support upon reasonable terms, which in this time of open war cannot be done by private adventurers, it is judged the best method to preserve the friendship of such Indians, and to draw others off from the French interest, and it may be very beneficial to this colony to purchase from such Indians the skins and furs which they are now obliged to sell to the French, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the honorable Peter Randolph, esquire, William Randolph, Richard Bland, Archibald Cary, and Thomas Walker, gentlemen, be and they are hereby constituted and appointed trustees and directors for the better managing and carrying on such Indian trade; and the said trustees, or any three of them, are hereby authorised and impowered to act in all things relating to the said trade, and to manage, govern, direct and do what they shall judge necessary and expedient for the well ordering, conducting and carrying on the same; and shall, as soon as the same can be conveniently done, send to Great Britain for, and purchase a cargo of goods, such as may best answer the wants and occasions of the Indians, and cause or procure the goods so to be sent for or purchased to be carried with all convenient speed and safety to some fortress built or to be built for the defence of the south-western frontiers of this colony, or to any Indian nation, town or other place they shall judge most convenient for carrying on the said trade. Directors.





===========================================================

117

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
      II. And be it further enacted, by the authority aforesaid, That the said trustees shall contract with some factor or factors to barter and dispose of the said goods to such Indians as shall be willing to purchase them, at such a rate of advance and under such regulations as shall be settled and made by the said trustees from time to time; and shall receive from such Indians, in exchange for the goods so to be sold them, all skins, furs and other valuable commodities which they may have to dispose of, which the said trustees shall cause to be shipped to Great-Britain, and consigned to some merchant or merchants in order to be disposed of there, and the money laid out in the purchase of another cargoe of goods for the uses aforesaid; and in such manner shall the trustees continue and carry on the said trade, at the risque and for the profit of the public, for and during five years from the passing of this act, and no longer. May contract with factors.
      III. Provided always, and be it further enacted, That the said trustees shall not send out, or permit or suffer to be sent out, any rum, brandy, or other spirituous liquors to be bartered or sold to such Indians by any such factor or factors, or other persons by them employed for carrying on the said trade. Not to send out spirituous liquors.
      IV. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said trustees to employ one or more Indian interpreter or interpreters, to reside at the said fortress, for the better enabling the said factors to transact business with the Indians; and may also employ such messenger or messengers as they shall think necessary to send to any nation or tribe of Indians, to notify to them the trade hereby intended to be established with them, and the expences of such interpreters or Messengers shall be allowed the said trustees in their accounts. May employ interpreters.
      V. And be it further enacted, That the factor or factors so to be employed by the said trustees shall give bond, with good security, to the said trustees and their successors in the penalty of double the value of the goods committed to their care and management, not to trade with the said Indians on their own or any other private account, and to render a faithful account of the sale of such goods with the produce thereof, and in a just fair and mercantile method, to keep accounts of all the dealings and transactions in the said trade, and annually to deliver a fine copy of Factors to give bond, &c.

===========================================================

118

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
his or their books of accounts to the said trustees, and settle the same with them; and the said factors shall be allowed such salary for their service as the said trustees shall think they deserve and contract with them for: And that a committee, to be appointed for that purpose by the house of burgesses, shall once every year inspect the accounts and proceedings of the said trustees and report the state of the same to the General Assembly.
      VI. And be it further enacted, by the authority aforesaid, That if any of the said trustees shall happen to die, it shall be lawful for the survivors of them to elect another fit person in the room of him so dying, who shall have the same power and authority to act in the trust aforesaid, as if he had been particularly named in this act; and that the trustees herein named with such as shall be so appointed shall be called, The Trustees of the Indian Factory of Virginia, and by that name and style shall have succession during the continuance of this act, and may sue and implead, be sued and impleaded in all cases relating to the said trust in all courts whatsoever, and generally do and execute all and every other matter and thing required to be done and performed by them in their trust aforesaid. Where any of the trustees die.
      VII. And be it further enacted, by the authority aforesaid, That John Robinson, esq. treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to an act of assembly, out of the public money in his hands, shall by warrant from the governor or commander in chief of this dominion, pay to the said trustees from time to time so much money as shall be necessary for the purposes aforesaid, so as the whole money so to be paid do not exceed five thousand pounds. The sum to be appropriated.
======

CHAP. VI.

An Act for preventing fraudulent gifts of Slaves.
      I. WHEREAS many frauds have been committed by means of secret gifts made of slaves by parents and

===========================================================

119

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
others, whereby creditors and purchasers have been frequently involved in expensive law suits, and often deprived of their just debts and purchases to their great and injury; for prevention whereof for the future, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, no gift of any slave or slaves shall be good or sufficient to pass any estate in such slave or slaves, to any person or persons whatsoever, unless the same be given by will duly proved and recorded, or by deed or instrument of writing to be proved by two witnesses at the least, or acknowledged by the donor and recorded in the general court, or the court of the county where one of the party [parties] lives, within eight months after the date of such deed or writing. Gifts must be made in writing, and recorded, &c.
      II. And be it further enacted, by the authority aforesaid, That all gifts without deed or writing of any slave or slaves heretofore made by any person or persons now living and being in this colony, shall within eight months after the passing of this act be reduced into writing and proved by two witnesses, or acknowledged by the donor, and recorded in the general court or the court of the county where one of the parties lives: and all and every gift or gifts of any slave or slaves not made in writing and recorded according to the directions of this act, shall be void and of no effect, any law, custom, or usage, to the contrary notwithstanding. Gifts made before this act.
      III. And be it further enacted, That if any person or persons who before the making of this act, have made any verbal gift of any slave or slaves before evidence or evidences, and shall be unwilling or refuse to make a deed or instrument of writing, expressing such gift in order that the same may be recorded according to the directions of this act, in such case it shall and may be lawful for the donee, his agent or attorney, and if the donee shall be an infant, his guardian or next friend, to summon the evidence or evidences present at the making such gift to the court of the county where the donor shall live, of which the donor shall have ten days notice given him before the sitting of the said court, there to give testimoney of such gift before such court, which testimony together with the proof of the notice given to the donor as aforesaid, Where the donor refuses to make a deed, &c.

===========================================================

120

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
shall be by the order of such court recorded, and shall operate in the same manner and be as effectual to establish such gift as any deed or writing to be made and recorded as aforesaid.
      IV. And be it further enacted, by the authority aforesaid, That no clerk of any court within this colony, shall demand more than twenty pounds of nett tobacco for the recording of any deed or instrument of writing made in pursuance of this act. Fees for recording a deed, &c.
======

CHAP. VII.
An Act for appointing Commissioners to examine and state the accounts for the pay and provisions for the militia of several counties.
      I. WHEREAS the accounts of several persons for pay and provisions for the militia drawn out into actual service from the counties of Augusta, Bedford, Prince-Edward, Halifax, Lunenburg, and Prince-William, remain unsettled, and it will be very troublesome to the governor or commander in chief, to adjust the same, 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 Gabriel Jones, John Madison, and Thomas Lewis, Gentlemen, be, and they are hereby appointed Commissioners, to examine, state, and settle the accounts for the militia of the county of Augusta. That William Randolph, Richard Bland, and Archibald Cary, gentlemen, be, and they are hereby appointed commissioners, to examine, state, and settle the accounts for the militia of the counties of Bedford, Prince Edward, Halifax, and Lunenburg; and that Charles Carter, Esquire, John Champe, and Charles Carter, Junior, gentlemen, be, and they are hereby appointed commissioners, to examine, state, and settle the accounts for the militia of the county of Prince-William: Ant that the said commissioners respectively, or any two of them shall and Commissioners to settle accounts of militia, lately in actual service.

===========================================================

121

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
they are hereby impowered and required to meet for the purposes aforesaid, at such times and places, as they shall respectively think convenient, of which time and place public notice shall be advertised at the Court House of each respective county at least one month before such meeting, and may adjourn from time to time until they shall have settled all the accounts herein before directed to be settled by them respectively: And shall have power to call all persons concerned in settling the said accounts before them and to administer an oath or oaths to any person or persons for their better information in the premisses. And that the said commissioners or any two of them shall certify the accounts so by them examined, stated and settled, to the Governor or commander in chief, for the time being. And the said commissioners are hereby directed in stating and settling the said accounts to allow no more than half pay to a captain and a lieutenant, where it shall appear their companies consisted of less than forty men, and to allow clerks and artificers employed by captains or lieutenants no more than soldiers pay, except such artificers were absolutely necessary.
======

CHAP. VIII.
An Act for the more effectual preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony.
      I. WHEREAS the act of assembly passed in the twenty-ninth year of his present majesty's reign, intituled, An Act for preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, will expire in September next, and one other act of assembly passed in the same year, intituled, An Act to amend an act, intituled, An Act for preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, which is already expired, have been found in a Reward for Indians scalps encreased.

===========================================================

122

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
great measure ineffectual, by reason of the small reward thereby given for prisoners and scalps, and it is necessary that a greater reward should be given for the same, Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the sum of fifteen pounds shall be paid by the treasurer of this colony out of the public money in his hands to any person or persons, party or parties, either in the pay of this colony or other the inhabitants thereof, or to any Indian or Indians, in friendship and amity with the inhabitants of this colony, for every Indian enemy by him or them taken prisoner within the limits of this colony, and the sum of ten pounds for every such enemy by him or them killed or destroyed within the limits aforesaid, at any time within the space of two years after the passing of this act. And to entitle persons to the said rewards,
      II. Be it further enacted, by the authority aforesaid, That every Indian enemy so to be taken prisoner, shall be delivered to the keeper of the public goal in the city of Williamsburg, to be by him safely kept until discharged by the governor or commander in chief of this colony; and the scalp of every Indian enemy so to be killed or destroyed as aforesaid, shall be produced to the governor or commander in chief before whom the person or persons, not being an Indian or Indians, so taken prisoner, killing or destroying such Indian enemy, shall prove by affidavits or his or their oath, the time and place of his or their performing the same; and in the case of Indians, sufficient satisfaction of the time and place of the taking prisoner, killing or destroying such Indian enemy shall be given to the governor or commander in chief: And in any of the said cases the governor or commander in chief is hereby desired to issue his warrant to the treasurer , for the payment of the said rewards to the person or persons so entitled to the same. How obtained.
      III. And for a further encouragement to persons to enter into and risque their lives in the service and defence of the country, Be it enacted, by the authority aforesaid, That for every Indian enemy so to be taken prisoner, killed or destroyed, within the time and limits aforesaid, the further reward of thirty pounds shall be allowed to the person or persons, party or parties, performing such service, which allowance to persons Further reward for Indian scalps.

===========================================================

123

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
in the pay of this colony, or other the inhabitants thereof, shall be made by the next succeeding session of assembly, upon a certificate of the governor or commander in chief, that sufficient proof of the performance of such service had been made before him according to the directions of this act: And where such service shall be performed by any Indian or Indians, in friendship and amity with the inhabitants of this colony, the governor or commander in chief upon sufficient satisfaction to him given according to the directions of this act of the performance of such service, is hereby desired forthwith to give orders for supplying the Indian or Indians so entitled to the said last mentioned reward with goods to be paid for by the public at the next succeeding session of assembly to the amount of the sum he or they shall be so entitled to.
      IV. Provided always, That in case the present hostilities shall cease within the said two years, and the governor or commander in chief of this colony, by and with the advice and consent of the council, shall by proclamation signify the same, and direct the said rewards to be discontinued, then the said rewards shall immediately after publishing the said proclamation cease and be discontinued accordingly. When to cease.
      V. And for preserving the lives and friendship of such Indians as are under the protection of, or in alliance with his majesty, Be it further enacted, by the authority aforesaid, That if any person or persons shall within the said two years knowingly and willingly kill or destroy any Indian in alliance, peace and friendship with his majesty, and his subjects in this colony, the person or persons so offending shall be adjudged a felon and shall suffer as in cases of felony, without benefit of clergy. Felony to kill friendly Indians.
      VI. And be it further enacted, by the authority aforesaid, That from and immediately after the passing of this act the said recited act of assembly, intituled, An Act for preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, shall be and the same is hereby repealed.

===========================================================

124

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
CHAP. IX.
An Act for further continuing and amending an Act intituled, An Act for regulating the practice of Attornies.
      I. WHEREAS the act of assembly made in the twenty-second year of his present majesty's reign, intituled, An Act for regulating the practice of Attornies, which was continued and amended by an act of assembly passed in the twenty seventh year of his said majesty's reign will expire at the end of this present session of assembly, and it being necessary that the same should be further continued, with amendments, 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 first recited act of assembly, intituled, An Act for regulating the Practice of Attornies, except so much thereof as relates to the restraining of Attornies practising in the general court from practising in the county courts, shall continue and be in force from and after the end of this session of assembly for and during the term of four years, and from thence to the [end of the] next session of assembly.
      II. And be it further enacted, by the authority aforesaid, That during the continuance of the said recited act the lawyers in this colony shall not demand, nor directly or indirectly, or by any device, way, or means whatsoever, take or receive before the suit or suits they are and shall be employed in shall be finally determined any greater or other fees or rewards for the following services than what are herein particularly mentioned and expressed, that is to say: Lawyers practicing in the general court may demand and receive for an opinion or advice, where no suit is or shall be brought, and prosecuted or defended by the attorney giving such advice, but not otherwise, one pound one shillings and six-pence; and in any suit at common-law, other than [the] actions hereafter mentioned, fifty shillings: In all chancery suits, or real, mixed, or personal actions, where the title or bounds of land shall or may come in question, five pounds; and lawyers practising in the county courts or other inferior courts, for services to be by them done in such courts, Attornies' fees.

===========================================================

125

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
may demand for an opinion or advice, where no suit is or shall be brought, and prosecuted or defended by the attorney giving such advice, but not otherwise, ten shillings; and in any suit at common-law, other than the actions hereafter mentioned, or by petition fifteen shillings: In all chancery suits, or real, mixed or personal actions, where the title or bounds of [for] land shall or may come in question, thirty shillings; on a petition of a small debt seven shillings and six-pence; and any lawyer for attending a survey in the country, for every day he shall attend may demand one pounds one shilling and six-pence; and every lawyer exacting, taking, receiving, or demanding any greater fee or other reward for any of the above services, before he has performed the said services or finished the said suits, shall forfeit and pay one hundred pounds for every offence, one half to our sovereign Lord the king, his heirs and successors, for and towards the better support of this government and the contingent charges thereof, and the other half to the informer, to be recovered by action of debt or information in any court of record within this colony.
      III. And be it further enacted, by the authority aforesaid, That no lawyer, in any suit to be brought for his fees or services, shall recover more than the fees above mentioned, notwithstanding any agreement, contract, or obligation made or entered into by the party against whom such suit shall be brought. Penalty for exceeding legal fees.
======

CHAP. X.

An Act for appointing several new Ferries, and for other purposes therein mentioned.
      I. 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 public ferries be constantly kept at the places hereafter named, and that the rates for passing the said ferries be as follow, that is to say: From the land of Edward Lynch, in the county of Bedford, over the Fluvanna, at the mouth of Black-Water creek, to the land New ferries established.

===========================================================

126

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
of Micajah Moorman, in the county of Albemarle; the price for a man three pence, and for an horse the same: From the land of William Cabbell, in the county of Albemarle, over the upper ford of rock fish river, to the land of Allan Howard; the price for a man two pence: And for a horse two pence: From the land of George Brett in the county of Prince-William, over Potowmack river, tot he land of Roger Chamberlayne, in the province of Maryland; the price for a man one shilling and six-pence, and for an horse the same: From the land of Josias Clapham, in the county of Fairfax, over Potowmack river, to the land on either side of the Monochisey creek, in the province of Maryland; the price for a man four pence, & for an horse the same: from the land of Thomas Anderson, in the county of Lunenburg on Roanoke river, to the land of James Mitchell, and from the land of the said Mitchell to the land of the said Anderson; the price for a man three pence, and for an horse the same: from the land of John Bryant, in the county of Albemarle, over the Rivanna river, where the main road crosses the same, to the land of Edward Pye Chamberlayne; the price for a man two pence, and for an horse the same. And for the transportation of wheel-carriages, tobacco, cattle and other beasts, the ferry-keeper may demand and take the following rates: For every coach, chariot or waggon, and the driver thereof, the same as for six horses: For every cart or four wheel chaise, and the driver thereof, the same as for four horses: For every two wheel chaise or chair, the same as for two horses: For every hogshead of tobacco, the same as for one horse: And for every head of nett cattle, the same as for one horse: For every sheep, goat, hog and lamb, one fourth part of the ferriage of one horse, according to the prices herein before settled at such ferry respectively, and no more.
      II. And be it further enacted, by the authority aforesaid, That from and after the passing this act it shall and may be lawful to and for the ferry-keeper at May's (now Booker's) on Staunton river, in the county of Halifax, to demand and take for the transportation of a man over the said ferry three pence, and for an horse three pence, any law, usage, or custom to the contrary in any wise notwithstanding.
      III. And be it further enacted, by the authority aforesaid, That the act of assembly made in the twenty-second

===========================================================

127

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
year of his present majesty's reign, intituled, An Act for the settlement and regulation of Ferries, and for Dispatch of public Expresses, as to so much thereof as relates to the ferries thereby established from Henry Cary's land, over James river, to the land of the said Cary: From the land of colonel Richard Bland, in the county of Prince-George, to the land of Mss. Anderson, in the county of Charles-City; and from the land of William Pride, called the store landing, in the county of Henrico (now Chesterfield) to Anthony's landing, in the county of Prince-George, shall be, and the same is hereby repealed and made void.
      IV. Provided always, That the execution of this act shall be suspended until his majesty's approbation thereof be first had and obtained.
======

CHAP. XI.
An Act for the relief of the sufferers by Tobacco burnt in Crutchfield's and Pitt's Warehouses, and for other purposes therein mentioned.
      I. WHEREAS by an act of assembly made in the twenty-second year of his present majesty's reign, intituled, An Act for amending the Staple of Tobacco, and preventing frauds in his majesty's Customs, it is amongst other things enacted, That when any public warehouses should be thereafter destroyed by fire the loss thereby occasioned should be defrayed by the public. Reparation for tobacco burnt in Crutchfield's and Pitt's warehouses.
      II. And whereas large quantities of tobacco have been lately accidentally burnt in the public warehouses at Crutchfield's, in the county of Hanover, and at Pitt's in the county of Accomack; an account of which tobacco, with the names of the proprietors, as taken by the commissioners appointed for that purpose, is contained in a schedule hereunto annexed: 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 John Robinson,

===========================================================

128

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
esquire, treasurer, or the treasurer of this colony for the time being, appointed by or pursuant to an act of assembly, out of the public money in his hands, shall, on or before the last day of October next ensuing, pay to the sufferers respectively, with an interest of five per centum per annum from the time of passing this act, according to the several quantities by them lost, as mentioned in the said schedule, after the rates following, that is to say: For the crop tobacco passed at Crutchfield's warehouse twenty shillings per centum: For the transfer tobacco passed at the said warehouse two pence per pound; and for tobacco refused at the said warehouse and put by to be picked twelve shillings and six-pence per centum. And for the crop tobacco passed at Pitt's warehouse thirteen shillings and six-pence per centum: For the transfer tobacco passed at the said warehouse twelve shillings per centum: For tobacco viewed and put by to be picked eight shillings per centum; and for the tobacco burnt at the said warehouse before it was inspected nine shillings per centum.
      III. And whereas some of the sufferers by tobacco burnt in Bolling's-Point warehouse, in the county of Dinwiddie, were omitted to be mentioned in the memorial of the inspectors, and therefore not reimbursed for such their losses under the former acts of assembly: Be it further enacted, by the authority aforesaid, That the said treasurer, out of the public money in his hands, shall, on or before the said last day of October next ensuing, pay to the said sufferers, with an interest of five per centum, per annum, from the ninth day of July, one thousand seven hundred and fifty five, according to the rates and for the quantities following, that is to say: To Thomas Tabb for one thousand and twelve pounds of tobacco, and Alexander Mackie for nine hundred and thirty-nine pounds of tobacco, at fourteen shillings per centum each: To Theophilus Field for one thousand and thirty-nine pounds of tobacco, at fifteen shillings per centum: To Lewis Burwell for three thousand pounds of tobacco, and the executors of Armistead Burwell, deceased, for two thousand pounds of tobacco, at twelve shillings and six pence per centum.

===========================================================

129

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
A SCHEDULE of Tobacco burnt at Crutchfield's
and Pitt's Warehouses, to which this Act refers.


======

CRUTCHFIELD'S WAREHOUSE.

CROP TOBACCO PASSED.
  Owners Names. Marks. Numbers. Net. quan.
Francis Jerdone,
            do.
            do.
            do.
Samuel Gist,
        do.
John Russell,
Thomas Tinsley, jun.
William Clark,
James Lewis,
Robert Donald,
Benjamin Timberlake,
Harden Burnley,
            do.
David Meriwether,
TG*
−−−
−−−
−−−
WR* C
TW
WSIL*
TAT*
WLC*
LP*
TG*



TG*
74      
21      
47      
72      
3      
1      
3      
6      
5      
1      
75      



71      
950
950
890
929
824
1000 
906
352
598
454
950
326
958
959
959
 
Crop Tobacco refused and not picked.
Drury Pulliam,
Lewis Thomas,
Alexander Reid,
James Hooper,
James Grantland,
Andrew Manner,
One Hogshead
One       do.
One       do.
One       do.
One       do.
Two       do.
620
450
1000 
350
710
1800 

===========================================================

130

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
TRANSFER TOBACCO.
Owners Names.
William Spiller,
William Taylor,
Francis Jerdone,
John Snelson,
David Crafford,
Samuel Gist,
Harry Tomkins,
Thomas Tinsley, jun.
James Lewis and Lucy his wife,
Robert Donald,
Charles Smith,
Francis Jerdone,
Samuel Gist, Harry Tomkins,
Rachael King,
Christopher Tomkins,
Bowler Cocke,
John Syme,
Thomas Tinsley,
Humphry Bell,
Benjamin Brown,
James Bunch,
Quantity.
347
190
430
124
442
818
 63
232
601
410
158
728
173
209
760
400
515
400
164
611
185
315
PITT'S WAREHOUSE.

CROP TOBACCO PASSED.
Owner's Names.
Edward Kerr,
          do.
          do.
          do.
          do.
Bowdoin Robins
Jamas Scott and       }
Archibald White,      }
            do.
            do.
            do.
            do.
            do.
            do.
            do.
      Marks.
AP*
CC
GT
B
WC
BR

GD






ST
Numbers.
1      
7      
1      
      [1]   8      
1      
1      
1      
2      
1      
2      
3      
4      
5      
6      
1      
      Nett quan.
960
1022 
1015 
958
978
979
1074 
983
950
955
951
954
952
950
985
Edward Kerr, for Transfer Tobacco made Crop, 8780 

===========================================================

131

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
TRANSFER TOBACCO.
Owners Names.
Thomas Milman,
Catherine Pitts,
Francis Welburn,
Accomack County,
Robert Pitt's Executors,
Ephraim Waggaman,
Joseph Goutee,
James Parker,
Edward Thornton,
Thomas Bevans,
Isaac Hill,
Bartholomew Scot,
John Townshend,
Covengton Corbin,
William Cord,
James Scot and Archibald White,                 
Quantity.
 45
102
220
1881 
2267 
 28
846
1006 
 28
 57
251
 46
 14
967
235
304
Tobacco Inspected and not Picked.
Daniel Mifflin,                  5 Hogsheads,             Quantity 4300.
Uninspected Tobacco.
Henry Crosby,
Obediah Thornman,                       
Bartholomew Scot,
      150
80
20
      [Note.−Where the Astermism * is prefixed, the Letters should be in a Piece.]

===========================================================

132

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
CHAP. XII.

An Act to explain an Act, intituled, Vestries appointed.
      I. WHEREAS by an act of the General Assembly made in the thirteenth year of the reign of his majesty king Charles the second, intituled, Vestries appointed, it is enacted, That twelve of the most able men of each parish be by the major part of the said parish be by the major part of the said parish chosen to be a vestry, out of which number the minister and vestry to make choice of two church-wardens yearly, as is also in case of the death of any vestryman, or his departure out of the parish, that the said minister and vestry make choice of another to supply his room. [14th year, not 13th]

Recital of act 13 Car. II.
            And whereas it is doubted whether any vestryman chosen pursuant to the said act can resign his office; for explaining whereof, Be it enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful to and for any vestryman to resign his place in the vestry, and for the remaining vestryman to elect and choose another vestryman in the room of such vestryman so resigning, and that every vestryman hereafter to be elected, instead of the oaths appointed to be taken by the said act shall before he be admitted to act as a vestryman, take the oaths appointed by act of parliament to be taken, instead of the oaths of allegiance and supremacy, and take and subscribe the oath appointed to be taken by an act of parliament made in the first year of the reign of his late majesty's king George the first, An Act for the further security of his majesty's person and government, and the succession to the crown in the heirs of the late Princess Sophia, being protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors, and repeat and subscribe the test in the court of the county where he shall reside, and shall also subscribe in vestry to be conformable to the doctrine and discipline of the Church of England, any thing in the said before mentioned act to the contrary in any wise notwithstanding. Vestrymen may resign.
      Vacancy, how supplied.







Oaths.

===========================================================

133

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
CHAP. XIII.

An Act for further continuing certain Acts of Assembly therein mentioned.
      I. WHEREAS by an act of assembly made in the twenty-seventh year of his present majesty's reign, the duties of two pence per gallon upon rum, brandy, distilled spirits and wine, and one penny upon cyder, beer, or ale, and an additional duty of one penny per gallon upon rum, brandy, spirits and wine, were continued for three years, which will expire on the tenth day of June, one thousand seven hundred and fifty eight, and the public debts making it necessary that the said duties should be further continued: 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 duties of two pence per gallon upon rum, brandy, spirits and wine, and one penny upon cyder, beer or ale, and the said additional duty of one penny per gallon upon rum, brandy, spirits and wine, shall remain and continue to be raised, levied, collected, paid and applied, in the same manner and to the uses, intents and purposes, as by the herein before recited act of assembly is directed, from and after the expiration thereof as aforesaid, for and during the term of three years from thence next following and no longer. Acts imposing duties on liquors further continued.
      II. And be it further enacted, by the authority aforesaid, That one other duty of one penny per gallon upon rum, brandy and other distilled spirits, and wine, imported or brought into this colony, laid by an act of assembly, passed in the nineteenth year of his present majesty's reign, An Act for reducing the Laws made for laying a Duty on Liquors into one act of assembly, and appropriated to the uses of the College of William and Mary, for and during the term of eleven years, which will expire on the tenth day of June, one thousand seven hundred and fifty eight, shall remain and continue to be raised, levied, collected, paid and applied, in the same manner, and to the use, intent and purpose, as by the said last recited act is directed, Other duties, for benefit of William and Mary college continued.

===========================================================

134

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
from and after the expiration thereof as aforesaid, for and during the term of three years, from thence next following, and no longer.
======

CHAP. XIV.
An Act for continuing the Act, intituled, An Act for laying an additional Duty on Rum, and other distilled Spirits, not being of the Produce of His Majesty's Sugar Islands.
      I. WHEREAS by one act of assembly made in the twenty-eight year of his present majesty's reign, intituled, An Act for laying an additional duty on Rum, and other distilled Spirits, not being of the produce of his majesty's sugar islands, an additional duty of four pence per gallon was laid on all such liquors imported into this colony by land or water, from any port or place whatsoever, except directly from Great-Britain, or some of his majesty's sugar colonies which will expire on the first day of August, one thousand seven hundred and fifty eight, and it being found necessary that the same should be further continued: 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 shall continue and be in force from and after the expiration thereof, for and during the term of three years from thence next following, and no longer.


Act laying additional duty on spirits continued.

===========================================================

135

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
CHAP. XV.
An Act for paying the Burgesses wages in money for this present Session of Assembly.
      I. WHEREAS by an act of Assembly, made in the fourth year of the reign of her late majesty queen Anne, intituled, An act for regulating the election of Burgesses, for settling their privileges, and ascertaining their allowance, it is among other things enacted, That the allowance for Burgesses attending the general assembly should be as followeth, that is to say: For every burgess coming by land one hundred and thirty pounds of tobacco, and cask, a day, besides the necessary charge of ferriage; and for every burgess who could not come to the General Assembly otherwise than by water, one hundred and twenty pounds of tobacco, and cask, a day, to be paid them by the county, for which they serve, respectively, besides an allowance for divers days of travelling to and from the general assembly as in the said act is particularly mentioned. And whereas by one other act of Assembly, made in the third and fourth years of the reign of his present majesty, intituled, An Act for the better regulating the payment of the Burgesses wages, it is among other things enacted, That when any session of assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands to discharge all the debts due from the public, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, leaving and reserving in the hands of the said treasurer, over and above the said payments, a balance of one thousand five hundred pounds at the least; then every burgess elected and serving for any county or corporation shall be paid out of the public money the sum of ten shillings for each day he should serve in the house of burgesses, and for the days of coming to and returning from the general assembly according to the first recited act, in lieu of all other demands for that service, with further allowance to the burgesses of Accomack and Northampton, and others coming to the General Assembly by water, as in the said act is particularly directed. Recital of act of Anne.

===========================================================

136

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
      II. And whereas by reason of the many large demands upon the treasury there is not sufficient in the hands of the treasurer, at this time, to pay the wages of the burgesses, for this present session, in money, according to the letter of the last recited act; but [for] as much as they payment of the said wages in money for this present session of assembly will be a great ease to the people, and enable them to pay the taxes necessary for carrying on the present war: Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the burgesses wages for this present session of assembly, shall be paid by the treasurer on the thirtieth day of April next, out of the public monies in his hands, according to the directions and regulations in the said last recited act mentioned, any thing in the said act to the contrary thereof in any wise notwithstanding. Burgesses' wages when payable.
======

CHAP. XVI.
An Act to enlarge the power of the Corporations of the City of Williamsburg and Borough of Norfolk, and for other purposes therein mentioned.
      I. WHEREAS his late majesty, king George the first, of blessed memory, by his royal charter, bearing date under the seal of this colony, the twenty eighth day of July, in the eighth year of his reign, was graciously pleased to grant to the inhabitants of Williamsburg that the same should be a city incorporate, consisting of a mayor, recorder, six aldermen, and twelve common council men; and was further pleased (amongst other things) to give and grant to the said mayor, recorder, aldermen, and common council men of the said city, and to their successors for ever, full and free power and authority to have, hold, and keep two markets weekly, in some convenient place in the said city, to be by them appointed, that is to say, on every Wednesday Recital of charter of city of Williamsburg.

===========================================================

137

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
and every Saturday in the week; and by a charter passed under the great seal of this colony, bearing date at Williamsburg, the fifteenth day of September, in the tenth year of his present majesty's reign, the town of Norfolk is erected into a borough, by the name of the borough of Norfolk, and the inhabitants thereof are made a body corporate, consisting of a mayor, recorder, eight aldermen, and sixteen common council men, with capacity (amongst other things) to hold and keep three markets weekly, that is to say, on Tuesday, Thursday, and Saturday, in every week. And whereas it hath been found very inconvenient for the inhabitants of the said city and borough not to hold a market oftener; and application hath been made to the honorable Robert Dinwiddie, esquire, his majesty's lieutenant-governor and commander in chief of this colony, for leave to pass an act, To enlarge the power of the Corporations of the said City and Borough, with respect to their markets, and he hath been pleased to give his consent thereto: 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 it shall and may be lawful to and for the mayor, recorder, aldermen, and common council men of the said city and borough in every week as they shall think proper, and to set such toll on all such cattle, goods, wares and merchandizes, and other commodities as shall be sold in the said markets, as they shall think reasonable, not exceeding the several sums mentioned in the said charters. Of borough of Norfolk.
















Market days.
      II. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the mayor, recorder, aldermen, and common council men of the said city and borough respectively, or the major part of them in common council assembled, to levy and assess by the poll, on the tithable persons inhabiting within the said city and borough, all such sum and sums of money as shall be necessary for building a house or houses, and providing all things necessary for holding a market within the said city and borough, respectively, if their chamber be deficient, and to appoint a collector of the same; and if any person or persons shall neglect or refuse to satisfy or pay the money Market House.

===========================================================

138

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
so on him, her, or them levied and assessed, according to the time appointed for payment thereof, it shall and may be lawful to and for such collector, by warrant from under the hand of any magistrate of the said city and borough, respectively, to levy the money so due by distress and sale of the delinquents goods, in the same manner as for non-payment of public and county levies in this colony.
      III. And for ascertaining the bounds of the said borough, Be it enacted, That the mayor, recorder, and aldermen of the said borough, for the time being, be, and they, or any four of them, whereof the mayor shall be one, are hereby impowered to order and direct a compleat survey to be made of the streets and lots within the said borough, and a plant thereof to be drawn, which shall be recorded in the court of the said borough, and levied and assessed on them in the manner herein before directed. Boundaries of Norfolk, how established.
      IV. And whereas the streets and landings in the town of York are in so ruinous a condition that they cannot be repaired in the ordinary method by the surveyor and his hands without a considerable expence, it being necessary in some places to widen and support them with a brick wall from being washed away by the hasty showers of rain, And be it further enacted, by the authority aforesaid, That the justices of the county of York shall be, and they are hereby impowered and required, some time before the first day of August next ensuing, to levy so much money upon the inhabitants of the said town and owners of the lots there as shall be sufficient for repairing, widening and maintaining the said streets and landings, and to rate and assess the same upon the said inhabitants and owners in such proportion as they shall think proper, having regard to the value of the lots without the improvements; and in case any person shall refuse to pay such assessment to cause the same to be levied on the estate of the person so refusing; and where any such inhabitant is tenant to another person the landlord shall allow such assessment out of the next year's rent; and the money so to be levied shall be paid to William Nelson, Thomas Nelson, Dudley Digges, John Norton, and Edward Ambler, or any three of them, who are hereby impowered and required to apply the same towards the repairing, widening and maintaining the streets and landings of the said town. Streets and landings in York, how repaired.

===========================================================

139

LAWS OF VIRGINIA, APRIL 1757−−30th GEORGE II.
   
      V. And whereas it hath been represented to this assembly, that Gwyn Read, gentleman, did formerly lay out a parcel of his lands in the county of York, contiguous to the said town of York, into lots, and the purchasers of part of the said lots have made considerable improvements thereon, and are desirous that the said lots may be taken into the limits of the said town, and that they may enjoy all the privileges of the freeholders and inhabitants thereof: Be it enacted, by the authority aforesaid, That the lands laid out as aforesaid, by the said Gwyn Read, into lots, adjoining the said town, which have been, or shall be hereafter built upon, and saved according to the rules and regulations required for saving lots in the said town, shall be admitted to and made part of the said town, and the freeholders and inhabitants thereof shall then be entitled to, and have and enjoy all the rights and privileges, and immunities granted to or enjoyed by the freeholders and inhabitants of the said town: and the inhabitants and owners of the said lots already built upon shall and may be assessed for and towards the repairing and widening and maintaining the streets and landings in the said town, in like manner and proportion and under such regulations as are herein before mentioned. Certain lots of Gwyn Read added to town of York.

===========================================================

  Pages 93-116  ======   ======  Pages 139-161  

===========================================================