Pages 232-253 
|  Pages 283-310
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| Pages 232-253
| Pages 283-310
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| ANNO REGNI GEORGII II, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, tricesimo secundo. 
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Francis Fauquier, esq. governor. | |||
| CHAP. I. | ||||
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| I. WHEREAS it is necessary, for the defence and protection of the frontiers of this colony, that the regiment in the pay of this colony be compleated: 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 regiment shall be compleated to one thousand private men, including that part of the said regiment now in garison at Pittsburg; and shall consist of ten companies, under the command of a colonel, lieutenant-colonel, major, seven captains, twenty lieutenants, and ten ensigns; and there shall be allowed the said forces a chaplain, pay-master, adjutant, quarter-master, one surgeon, and three surgeon's mates. And for defraying the expence of recruiting, clothing, victualling, and subsisting of the said forces, until the first day of December next, Be it further enacted, That John Robinson, esquire, 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 that shall come to his hands by virtue of this act, shall pay to such person or persons as shall be directed, by warrant from the governor or commander in chief of this colony for the time being, so much money as will be necessary for the purposes aforesaid, so that the sums so to be paid do not exceed in the whole the sum of twenty-eight thousand pounds, to be accounted for to the general assembly. | The number of officers and men. |
| II. And whereas it may be for his majesty's service, as well as for the benefit and security of this colony, that the said regiment be employed offensively against the enemy on this continent: Be it further enacted, by the authority aforesaid, That the governor or commander in chief for the time being if he shall think it convenient or necessary, may order and direct the said regiment to march out of this colony to join any of his majesty's forces, and be employed as the commander in chief of his majesty's forces on this continent shall appoint and direct. | Governor impowered to employ them as the commander in chief of the forces shall direct. |
| III. And whereas it may be of dangerous consequence to leave the frontiers of this colony exposed to incursions of the enemy during the time the said regiment may be employed in such offensive operations: Be it further enacted, by the authority aforesaid, That an additional number of five hundred men shall be raised, to be divided into five companies, under the command of a lieutenant-colonel, four captains, ten lieutenants, and five ensigns; and employed for the protection of the subjects on the said frontiers, as the | An additional number of men to be raised. |
| governor or commander in chief shall from time to time direct; and shall not be incorporated with the regiment aforesaid, joined with the king's forces, employed to garison Pittsburg, or sent out of this colony upon any pretence whatsoever. | |
| IV. And for the more speedy raising the said men, Be it enacted by the authority aforesaid, That it shall and shall and may be lawful to and for the officers appointed for that purpose, by the governor or commander in chief, to enlist so many men, willing to enter into the said service, as are required to be raised by this act; and every person so enlisting into the said regiment shall receive from the officer enlisting him the sum of ten pounds; and every person enlisting in the other service aforesaid shall receive from the officer enlisting him the sum of five pounds; and every such officer shall be allowed, over and above the rewards so to be paid by him, all his necessary expences in the enlisting such persons and conveying them to the place of general rendevous. | Enlisting money. |
| V. And for defraying the expence of raising, clothing, subsisting, and victualling the said five hundred men, until the first day of December next: Be it further enacted, That the said John Robinson, or the treasurer for the time being, appointed as aforesaid, out of the money that shall come to his hands by virtue of this act, shall pay to such person or persons as shall be directed by warrant from the governor or commander in chief for the time being, so much money as shall be necessary for the purposes aforesaid, so as the sums so to be paid do not exceed in the whole the sum of sixteen thousand pounds, to be accounted for to the general assembly. | The sum for the additional number of men. |
| VI. 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 forces, 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 forces, 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 names. |
| VII. And whereas there is not money sufficient in the hands of the treasurer to pay the book of claims, and the arrears due to the militia, and damages done by the Indians, a particular account of which arrears and damages hath been stated and settled by the committee of public claims: Be it therefore enacted, by the authority aforesaid, That the said treasurer, or the treasurer for the time being, appointed as aforesaid, shall, out of the money that shall come to his hands by virtue of this act, pay to the several persons named in the said account and book of claims the sums of money to which they are hereby respectively entitled. | Money to be raised for different purposes. |
| VIII. And for raising the money hereby given and granted, Be it enacted, by the authority aforesaid, That a tax or duty of two shillings shall be paid for every tithable person in this colony, to the sheriff of the county where such person shall be enlisted, by the person enlisting the same, on or before the tenth day of April, one thousand seven hundred and sixty-five: And the further tax or duty of two shillings shall be paid, in like manner, for every such tithable person, on or before the tenth day of April, one thousand seven hundred and sixty-six: And the further tax or duty of four shillings shall be paid, in like manner, for every such tithable person, on or before the tenth day of April, one thousand seven hundred and sixty-seven; which said taxes or duties shall be paid, collected, and accounted for, in such manner and form, according to such rules, and under such penalties and forfeitures as are mentioned, prescribed, and appointed for the paying, collecting, and accounting for the tax or duty imposed on titheables, payable in the years one thousand seven hundred and sixty-one, and the three next following, by one act of assembly made in the thirty-first year of the reign of his present majesty, intituled, An act for granting an aid to his majesty, and for other purposes therein mentioned: And that every article, rule and clause contained in the said act, concerning the paying, collecting, and accounting for the duties thereby imposed in the said years one thousand seven hundred and sixty-one, and the three next following, shall be used, exercised, and put in practice for paying, collecting, and accounting for the taxes or duties hereby imposed, as if the like articles, rules and clauses were inserted in this act. | The taxes. |
| IX. And be it further 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, one thousand seven hundred and sixty-four, and the twentieth day of October, one thousand seven hundred and sixty-seven, 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 or 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, together with the taxes on the tithables imposed by this act, by the said treasurer to the general assembly, after deducting two per centum for his salary in receiving and paying the same. | Export duty on tobacco. |
| X. And whereas 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, so as the whole sum of such notes so to be issued shall not exceed the sum of fifty-two thousand pounds; which several notes 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 two thousand of the said notes shall be of the value or denomination of five pounds; and shall be signed by Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman: Two thousand of the said notes of the value or denomination of three pounds; and shall be signed by the said Peyton Randolph, and Robert Carter Nicholas: Two thousand of the said notes shall be of the value or denomination of two pounds; and shall be signed by the said Peyton Randolph, and Robert Carter Nicholas: Fifteen thousand of the said notes shall be of the value or denomination of twenty shillings; and shall be signed by Benjamin Waller and Philip Johnson, gentlemen: | Treasury notes. The signers names. |
602 <==[Typo, should read 260.]
| Fifteen thousand of the said notes of the value or denomination of ten shillings; and shall be signed by the said Benjamin Waller and Philip Johnson. Twenty thousand of the said notes of the value or denomination of five shillings; and shall be signed by John Randolph, esquire: Twenty 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; Seventeen thousand seven hundred and seventy-eight of the said notes of the value or denomination of one shilling and three pence; and shall be signed by George Braxton, gentleman: And seventeen thousand seven hundred and seventy-eight of the said notes of the value or denomination of one shilling; and shall be signed by the said George Braxton. | |
| XI. 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 George Braxton, before all the treasury notes shall be signed which are hereby required to be signed by such person, in that case it shall and may be lawful for the said treasurer, 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. | Remedy where any of the signers die. |
| XII. And be it further enacted, That John Palmer and George Davenport, gentleman, 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 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. | Overlookers of the press. |
| And the persons so appointed to sign the said notes shall deliver them, when signed, to the treasurer for the time being, appointed as aforesaid, and take his receipt for the same; and every 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 half per centum upon all the said notes by him paid away as his salary for paying the same. | |
| XIII. And be it further enacted, That all notes to be issued in pursuance of this act, shall be redeemable on the twentieth day of April, one thousand seven hundred and sixty-eight, 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 a 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 publick use, and to be paid to the treasurer aforesaid for the time being, appointed as aforsaid, and disposed of as the general assembly shall direct, | The redemption and currency of the said notes. Penalty for depreciating their value. |
| 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. | |
| XIV. And be it further enacted, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or eraze, any such treasury note, or shall tender in payment, by way of barter or otherwise, to any person whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erazed, 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. | Penalty on forging, &c. the said notes. |
| XV. And be it further enacted, That the money to be raised by the duties and taxes imposed by this act, shall stand, be and remain, as a security for the redemption of the said treasury notes, so to be issued; and the said treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands, by virtue of this act, for and towards the redemption of the said treasury notes, and to no other use, intent or purpose, whatsoever. | The security. |
| XVI. 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 of by the governor or commander in chief of this colony, in the sum of forty 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 in to his said office. | Treasurer to give further security. |
| XVII. And whereas the several county court clerks within this colony are by law directed to transmit to the treasurer of this colony a copy of the list of wheel-carriages in their respective counties, as delivered to them by the several proprietors thereof yearly, and the several clerks of the county courts within the territory of the rignt honorable Thomas Lord Fairfax, are also directed to transmit to the said treasurer a true account of the several quantities of land held by every proprietor of land within the said territory, as delivered to them by the said proprietors; and also, that the said clerks should deliver to the sheriffs of | Northern-Neck. |
| their respective counties, copies of the said lists and accounts, which hath been greatly neglected by many of the said clerks, whereby the collection of the said taxes hath been much hindered, and the treasurer often unable to settle with the sheriffs for the same. | |
| XVIII. Be it therefore enacted, by the authority aforesaid, That if any county court clerk shall neglect or fail to transmit to John Robinson, esquire, Treasurer, or to the treasurer for the time being, appointed by or pursuant to an act of Assembly, or deliver to the sheriffs of their respective counties true copies of the list of wheel-carriages, and an account of the quantities of land in their several counties, within the time and according to the directions of the several laws now in force relating to the taxes on wheel-carriages, and on lands within the territory aforesaid, every such clerk shall forfeit the sum of one hundred pounds to our lord the king, which shall be recovered upon a motion made by the treasurer to the general-court, or court of the county whereof he is clerk, and paid to the said treasurer, for the same use the taxes aforesaid are appropriated, and accounted for to the General Assembly; and upon such judgment, the court may award execution, provided ten days previous notice of such motion be given to such clerk. | Penalty on clerks. |
| XIX. And be it further enacted, That if any sheriff or collector of the taxes imposed by this act, or any other act of Assembly now in force in this colony, shall refuse or neglect to account for and pay the said taxes, according to the directions of the several acts imposing the same, after deducting his commissions for collecting, and the several sums chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general-court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer to give judgment against such sheriff or collector, and his security, his or their executors or administrators, for the penalty of his bond by him given for such collection with costs, and thereon to award execution; provided that such sheriff or collector, and his securities, their executors or administrators, have ten days previous notice of such motion, and also that the said judgment may be discharged by the payment of the amount of the taxes due in the county whereof he is sheriff or collector, in case he shall appear at the time of entering | Penalty on sheriffs. |
| such judgment, and account for the said taxes to the satisfaction of the court: And the money recovered by such judgment shall be to the same uses as the taxes are appropriated, and shall be paid to the treasurer for the time being, appointed as aforesaid, and accounted for to the general assembly. | |
| XX. And be it further enacted, by the authority aforesaid, That the courts of each county in this colony shall, at the time of swearing a grand-jury for such county in the month of May annually, particularly give it in charge to such jury to enquire who have failed to deliver to the clerk of such court an account of their wheel carriages, and also of their lands within the proprietary of the said Lord Fairfax, according to the directions of this or any former act of assembly; and upon the presentment of any grand-jury for such offence, it shall be lawful for the court to order a summons to issue to summon the offender to appear at the next court, to answer such presentment, and shall not admit of any exception or pleading to the form or manner thereof, but shall proceed to trial without the formality of a jury, and give judgment upon such presentment according to the very right of the cause; and if the party summoned fails to appear, the court may give judgment for the penalty for such offence, according to law. | Courts to give charge to grand-juries to present those who fail to enlist their carriages. |
| XXI. But forasmuch as many persons within the proprietary of the said Lord Fairfax, for want of knowing the particular method of enlisting their lands by the former acts for that purpose directed, may have incurred the penalties thereby inflicted, for remedy thereof, Be it enacted, by the authority aforesaid, That no person or persons whatsoever, within the said proprietary, who hath or have already paid the taxes imposed by the said acts, or shall pay the same before the first day of November next, and shall at any time before the said first day of November next give into the clerk's office a list of his or their lands pursuant to the directions of the said former acts, and shall from thence forward duly observe and comply with the same, shall be liable to any penalty inflicted by this or any former act, any thing contained in this or any former act to the contrary notwithstanding. | Method of publishing this law in the northern neck. |
| XXII. And to the end that no person whatsoever may hereafter pretend ignorance of this or the said former acts, Be it further enacted, by the authority aforesaid, | Printer to transmit a copy of this |
| That William Hunter, printer, shall, and he is hereby required to transmit to the sheriffs of the several counties, within the said proprietary, a copy of so much of this act, and of the said former acts, as is relative to the method prescribed for enlisting lands, and the penalties incurred for failure thereof, within two months at farthest after the passing of this act. And every such sheriff shall, at the next court held for his county, after receipt of such copy, read the same publicly at the door of the court-house of his county, and shall, within fifteen days after the receipt thereof, cause to be delivered to the minister, clerk or reader of the several parishes within his said county, a fair copy of the same, which said minister, clerk or reader, shall, and they are hereby required to read the same publicly at each church or chappel within his or their parish, immediately after divine service, the two next Sundays on which divine service shall be performed after the said copy shall come to his or their hands. And in case the printer shall neglect or fail to transmit the said copies, according to the directions of this act, or the said sheriff, minister, clerk or reader shall neglect or refuse to publish the same, as aforesaid, the party so neglecting or refusing shall forfeit and pay the sum of fifty pounds, one half to the informer, and the other half to the treasurer of this colony, for the time being, for the use of this colony, to be recovered with costs, by action of debt or information, in any court of record within this dominion. | act to the several sheriffs. | |
| CHAP. II. | ||
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| I. WHEREAS the several acts of assembly heretofore made, for laying a duty upon liquors, have by experience been found useful and beneficial in lessening the poll tax, by raising a fund for defraying part of the necessary expences of this government, and for | Freamble. |
| the better support of the college of William and Mary in this colony; which said acts will all expire on the tenth day of June, one thousand seven hundred and sixty-one. | |
| II. And whereas through the various alterations and amendments of the said acts, and the additional duties at different times imposed, and their repeated continuations, they are rendered difficult to be understood, whereby several penalties may be incurred by the more ignorant sort for want of sufficient knowledge of the same, and this present general assembly having thought it expedient that the said laws should be re-enacted and reduced into one act: 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 for every gallon of rum, brandy, and other distilled spirits, and for every gallon of wine, which from and after the said tenth day of June, one thousand seven hundred and sixty-one, shall be imported or brought into this colony and dominion either by land or water, from any port or place whatsoever, the duty or custom of four pence shall be paid by the owner or importer of the same. And for every gallon of cyder, beer or ale which shall be imported or brought into this colony and dominion, as aforesaid, from any port or place whatsoever, the duty or custom of one penny shall be paid by the owner or importer of the same, for and during the term of one year from thence next following, and no longer. | The duties. |
| III. Provided nevertheless, and it is hereby enacted and declared, That no duty or custom whatsoever shall be paid or required for any of the liquors before enumerated that shall come directly from Great Britain, but all such liquors shall remain and continue exempt and free from any imposition, duty or custom imposed or required by this act, as if the same had never been made. | No duty on liquors from Great-Britain. |
| IV. And be it further enacted, by the authority aforesaid, That the master or purser of every ship or other vessel, importing liquors, liable to a duty or custom by virtue of this act, to any port or place within this colony and dominion, shall, within forty-eight hours after his arrival, make a true and just report, upon oath, with the collector of the duties upon liquors in the said port or place, of the burthen, contents and | Duty of pursers. |
| loading of such ship or vessel, with the particular marks and numbers of every cask therein laden with liquors, and to whom consigned, to the best of his knowledge, and also where and in what port the same were laden and taken on board, upon penalty of forfeiting one hundred pounds current money. | |
| V. And be it further enacted, That no liquors, liable to the said duties, imported or brought into this colony by water, by any person or persons whatsoever, shall be landed or put on shore until due entry made thereof with the collector of the duties upon liquors in such port or place, and a true account of the marks and numbers of every cask at that port or place where the same was shipped or taken on board, given upon oath, either before the said collector or some justice of the peace of this colony, who shall certify the same upon the back of the original invoice of such liquors, or a true copy thereof to him produced, and thereupon such importer, paying the duties laid by this act, or securing the payment thereof, shall obtain a permit under the hand of such collector fore the landing or delivery of the same: And all liquors landed, put on shore, or delivered contrary to the true intent and meaning of this act or the value thereof, shall be forfeited and lost, and may be seized and recovered by any officer of his majesty's customs of the port or place where the same shall be put on shore or delivered, or by any other person or persons whatsoever: And the owner or importer of any of the liquors aforesaid by land, shall, in like manner, make due entry of the same, within six days after the importation, with the collector appointed in pursuance of this act, and give a true account of the quantity thereof, upon oath, and pay the duty hereby imposed, or give bond, with a good security, for payment thereof within six months, and thereupon obtain a permit under the hand of the said collector for selling or making use of the same; and all liquors imported by land without such entry made, and permit obtained, or the value thereof, shall be forfeited, and may be recovered or seized by any collector of the said duties, or any other person whatsoever. | Liquors not to be landed. |
| VI. Provided always, That no person shall be required to give account, upon oath, of the true contents of any pipe or lesser cask of wine, or of any hogshead or lesser cask of rum imported, but shall have liberty | The contents of a pipe need not be entered. |
| to enter a pipe of wine or hogshead of rum at one hundred gallons, and all lesser casks after the same proportion, any thing in this act to the contrary notwithstanding. | |
| VII. And be it further enacted, That if any person or persons whatsoever shall wittingly or wilfully make a false entry, and be thereof convicted, such person or persons shall forfeit and pay one hundred pounds current money. | False entry. |
| VIII. And be it further enacted, That the collectors of the duties or customs upon liquors, or any person by them appointed, shall have full power and authority to go and enter on board any ship or other vessel, and from thence to bring on shore any liquors liable to a duty by virtue of this act, if such duty be not paid or agreed for within ten days after the first entry of such ship or vessel, or bond, with good and sufficient security, given for payment of the same within six months next after such entry, which bond, if offered, the collector is hereby authorized and required to accept and take; and such liquors so brought on shore to secure and detain until due entry and payment made, or security given for the same, as aforesaid; and they are also impowered to stay and remain on board such ship or vessel until all such liquors be discharged and delivered out of the same. And if any collector or collectors of the said duties, or any other person or persons deputed or appointed by them, or any of them, shall directly or indirectly take or receive any bribe, recompence or reward in any king whatsoever, or shall connive at any false entry of liquors liable to a duty or custom by virtue of this act, the person or persons so offending shall forfeit and pay the sum of oue hundred pounds current money, and be forever afterwards disabled in his said office, and rendered incapable of holding any office or employment relating to the customs within this colony: And the person or persons giving or offering such bribe, reward, or recompence shall forfeit and pay one hundred pounds current money. | Power of collectors. Penalty on persons giving and receiving bribes. |
| IX. And be it further enacted, That it shall be lawful to and for all and every collector and collectors of the duties upon liquors, by warrant under the hand of a justice of peace, which warrant shall not be granted but upon an information made to him upon oath, and accompanied with a constable, to break open in the | Power of collectors to break open doors, &c. |
| day time, any house, warehouse or storehouse to search for, seize, and carry away any liquors liable to a duty by this act, and for which the said duty shall not have been paid or secured as aforesaid: And if any collector or constable shall be sued or molested for any thing done in execution of the powers hereby given them, such collector or constable may plead the general-issue, and give this act in evidence; and if in such suit the plaintiff be non-suit, or judgment pass against him, the defendant shall recover double costs. And in all actions, suits, or informations to be brought, or where any seizure of liquors shall be made, if the property thereof be claimed by any person, as the owner or importer thereof, in such case the Onus probandi shall lie upon such owner or claimer. | Onus probandi on owners. |
| X. And be it further enacted, That when any liquors shall be consigned to any person, other than the master or owner of the ship or vessel importing the same, every such person, to whom such liquors shall be so consigned, shall, upon the importation thereof, pay to the master or owner of the ship or vessel importing the same the duty payable for such liquors by this act; and if any person or persons to whom such liquors shall be consigned, as aforesaid, shall refuse or neglect to pay the said duty, or give bond, with security, for the payment thereof to the master or owner of the ship or vessel importing the same, at such time as the same shall become payable, it shall and may be lawful for the master or owner of such ship or vessel to detain such liquors until the duty shall be paid, or secured to be paid, as aforesaid. | Persons to whom liquors are consigned to pay the duty to the master. |
| XI. Provided always, and it is hereby enacted and declared, That if the owner or importer of any liquors, of which the duties or customs shall be paid, or secured to be paid, shall within six months after the importation thereof in this colony and dominion, be desirous to export the same or any part thereof, in such case the person intending to export the same or any part thereof, in such case the person intending to export the same shall give a particular account of the marks, numbers and contents of the casks or vessels containing the liquors he intends to export, to the collector of such district from whence the same is to be shipped for exportation, together with the name or names of the person or persons from whom the same was bought, and shall subscribe it also and make oath thereto before the said collector; at which time he shall also declare, upon | Where the importer of liquors intends to export the same. |
| oath, that the said liquors shall be directly carried out of this dominion, and not sold, delivered, or put on shore within the same, or brought back again without making a new entry and paying the duty; and shall also deliver to the collector aforesaid an account in what vessel the same was entered at importation, with the oath of the person or persons by whom it was imported, that the duty or custom thereof was at the time of entry duly paid, or secured to be paid, according to law. And then it shall and may be lawful for the collector where the duty or custom for the same was paid, or secured to be paid, and he is hereby required and enjoined to allow the said exporter the whole duty or custom paid, or secured to be paid for the said liquors, so to be exported, any thing in this act to the contrary notwithstanding. But if any person or persons shall export liquors, on which there is a draw-back, to the province of Maryland, before such person exporting the same shall be entitled to the draw-back thereof, he shall produce to the collector of the duties from whose district the same was exported, a certificate under the hand of the officers of the customs in Maryland that the said liquors were entered and landed there. | |
| XII. And be it further enacted, That no draw-back shall be allowed to any person or persons exporting liquors out of this colony by land, any clause herein contained to the contrary notwithstanding. | No drawback to persons exporting liquors by land. |
| XIII. And be it further enacted, by the authority aforesaid, That if any importer of the liquors in this act mentioned, shall desire to transport the same from one district to another within this colony, he shall, before he depart out of the district wherein such liquors shall be laden or taken on board, make oath before the collector of the duties in the said district, or some justice of the peace, that he hath duly entered such liquors, and paid or secured to be paid all the duties by this act imposed; and also deliver, upon oath, an account of the true quantity so taken on board to be transported, and that he will not take or suffer to be taken on board the said ship, boat, or other vessel any more liquors than in the said account shall be specified; and shall likewise take a certificate from such collector or justice of the peace of the quantity of liquors then on board, and that such oath hath been made thereto, which certificate being produced to the collector of | Where the importer of liquors intends to transport them from one district to another. |
| the duties in the district to which the said liquors shall be transported shall be a sufficient warrant for the owner thereof to sell the same in such other district: And all liquors on which there is a duty which shall be transported by water from one district to another, and landed or sold, without producing such certificate, as aforesaid, to the officer into whose district the same shall be transported, shall be liable to be seized and forfeited. | |
| XIV. And for an encouragement to import money into this colony and dominion, Be it further enacted, That if any person or persons shall pay any of the impositions, duties, or customs arising due by virtue of this act in gold or silver coin, current in this colony, of his or their own importation into this dominion, and shall make oath that he or they did import the same, and did not carry it out of this colony with an intent to bring it back again, and that it was not exchanged in any adjacent province for monies carried out of this colony with intent to obtain any benefit thereby, such person or persons, upon producing a certificate of such oath, shall have an abatement and allowance of fifteen per cent. on all duties so paid and satisfied; and every collector of the said duty is hereby authorized and required to make such allowance until such sum or sums of money imported shall be paid away; and upon payment of any lesser sum than is mentioned in the said certificate to such collector of the duties upon liquors, such collector shall endorse the sum by him received on the back of such certificate. | Where money is imported. |
| XV. And for preventing delays in the payment of the said duty, Be it enacted by the authority aforesaid, That where any person shall become bound for the payment of the said duties upon liquors, and shall not pay the same at the time limitted, whether such bond be payable to the king or the collector of the said duties, it shall and may be lawful to and for the collector to sue out of the general court, or the court of the county wherein such person or his securities respectively reside, one or more writ or writs of Scire facias, in the name of the king, his heirs and successors, returnable to the said court, against the person or persons chargeable with the said duties, and his or their securities, their executors or administrators, to show cause why execution ought not to issue against him, | The duties sued for in the king's name. |
| them, or any of them for the duties so unpaid, and thereupon to sue out execution accordingly. | |
| XVI. And be it further enacted, That the several forfeitures and penalties which shall and may arise by virtue of this act, shall be divided into three equal parts, one third part thereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government and the contingent charges thereof; one third part to the governor of this colony for the time being, to and for his own proper use and behoof, and the other third part to him or them that will inform or sue for the same; to be recovered with costs, by action of debt, bill, plaint or information, in any court of record within this colony and dominion, wherein no essoin, protection or wager of law shall be allowed. | The appropriation of penalties. |
| XVII. And be it further enacted, That the governor or commander in chief of this colony, for the time being, with the advice of the council, shall be, and is hereby impowered, from time to time, and at all times hereafter to nominate, constitute, and appoint such and so many collectors of the duties laid by this act upon liquors, and also such salaries, not exceeding six in the hundred for collecting the said duties, as to him shall seem best. | The Governor to appoint collectors. |
| XVIII. And be it further enacted, by the authority aforesaid, That all and every such sum or sums of money, which shall be raised, collected and levied by the said duties, the necessary charges of collecting, managing and accounting for the same always excepted, shall, from time to time, be accounted for and paid by the respective collectors thereof to the treasurer of Virginia, for the time being, appointed by or pursuant to an act of Assembly, upon oath, which oath the said treasurer is hereby impowered to administer, and by the said treasurer accounted for to the General Assembly of this colony, upon oath. And that all and every such sum and sums of money which shall be raised, collected, and levied by three pence of the said duties by this act imposed, for every gallon of wine, rum, brandy and other distilled spirits; and one penny upon every gallon of cyder, beer and ale, over and above the necessary charges aforesaid; are and shall be appropriated, issued, applied and disposed, in the first place, for and towards the re-payment of the sum of | The Duties to be paid to the Treasurer and their appropriation. |
| ten thousand pounds which the treasurer of this colony was directed to borrow by a certain act of Assembly, made in the twenty seventh year of his present majesty's reign, intituled, An act for the encouragement and protection of the settlers upon the waters of the Mississippi, for the purposes in the said act mentioned, together with the interest thereon arising; and after the said sum of ten thousand pounds, with the interest aforesaid, shall be fully repaid and satisfied, then to such other use or uses as the general assembly, from time to time, shall think fit to direct, for lessening the levy by the poll, or defraying any public expence, and to and for no other use whatsoever. And that all and every sum and sums of money to be raised and levied out of the other penny of the said duties by this act imposed upon every gallon of wine, rum, brandy, and other distilled spirits, as aforesaid, is and shall be appropriated to the relief of the college of William and Mary in this colony, and shall be paid by the said treasurer, half yearly, in equal proportions, unto the president and masters of the college, and their successors, and shall be applied and disposed of for the founding scholarships, and such other good uses for the better support of the college, as by the visitors and governors of the said college, or the greater part of them, shall, from time to time, be directed and appointed, and not otherwise, and shall be accounted for to the general assembly. | |
| XIX. And be it further enacted, by the authority aforesaid, That all Madeira wine imported by his majesty's lieutenant-governor, or the governor and commander in chief of this colony for the time being, not exceeding ten pipe in one year, for his own use, be, and are hereby exempted from the payment of the duties imposed upon wine imported, any thing in this act contained to the contrary notwithstanding. | Madeira Wine imported by the Governor, duty free, |
| XX. And be it further enacted, That all collectors of the duties imposed by this act be, and are hereby required to account with the treasurer every half year, to wit, on the twenty-fifth day of April and the twenty-fifth day of October in every year, or within fifteen days afterwards, upon pain of forfeiting one half of their commissions, to be deducted out of their accounts by the treasurer, and by him carried to the credit of the public treasury. | Collectors when to account with the treasurer. |
| CHAP. III. | ||
| ||
| I. WHEREAS by an Act of Assembly, made in the twenty-eighth 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 was continued by another act of Assembly, made in the thirtieth year of his said Majesty's reign, intituled, 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, for the term of three years, and will expire on the first day of August one thousand seven hundred and sixty-one; and it being found necessary that the same should be further continued for the purposes therein mentioned, and for discharging the public debts and other exigencies of this government, 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 shall continue and be in force, from and after the expiration thereof, for and during the term of five years from thence next following, and no longer. | Act imposing additional duties on Rum, &c. continued. | |
| CHAP. IV. | ||
| ||
| I. WHEREAS the act of assembly, made in the thirtieth year of the Reign of his present Majesty, intituled, | Act for better regulating |
| An Act for the better regulating and disciplining the Militia, will expire on the eighth day of June, one thousand seven hundred and sixty; and it being necessary that the same should be 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 act of Assembly, made in the thirtieth year of the Reign of his present Majesty, intituled, An Act for the better regulating and disciplining the Militia, shall continue and be in force, from and after the said eighth day of June, one thousand seven hundred and sixty, for and during the term of three years from thence next following. | and disciplining the militia, continued. | |
| CHAP. V. | ||
| ||
| I. WHEREAS the act of Assembly, made in the thirtieth year of the reign of his present majesty, intituled, an Act for reducing the several Acts for making provision against invasions and insurrections, into one act, will expire the eighth day of June, one thousand seven hundred and sixty ; and it being necessary and expedient that the said act should be further continued, 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 said recited act of assembly, shall continue and be in force, from and after the said eighth day of June, one thousand seven hundred and sixty, for and during the term of one year from thence next following. | Act making provision against invasions and insurrections continued. |
| CHAP. VI. An Act for appointing an Agent. | |
| I. WHEREAS it is judged necessary that some able and discreet person, residing in Great Britain, should be engaged and employed to solicit and properly represent the affairs of this colony there: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That Edward Montague, of the Middle-Temple, esquire, be, and is hereby appointed an agent for this colony; to be at all times under the direction of the honorable William Nelson, Thomas Nelson, Philip Grymes, and Peter Randolph esquires; John Robinson, Peyton Randolph, Charles Carter, Richard Bland, Landon Carter, Benjamin Waller, George Wythe, and Robert Carter Nicholas, esquires, who are hereby declared to be a committee of correspondence, to transmit such matters and things to him as shall be committed to their charge by the General Assembly; and to receive from him information and intelligence of his proceedings, as well in such cases as shall be to him intrusted by the said committee, or the major part of them, as in every other matter and thing that shall come to his knowledge, that may either affect or be for the interest of this colony. And the said committee shall, from time to time, as they shall be required, lay before the General Assembly copies of all such letters and instructions as shall be by them sent to such agent, and also the originals of all letters by them received from the said agent. | Edward Montague, esquire, appointed agent, in Great Britain.
Committee of correspondence, and their duty. |
| II. And be it further enacted, by the authority aforesaid, That if any one or more of the persons so appointed a committee of correspondence shall presume to write any private letter to the said agent, containing any matter repugnant to such letters or instructions as shall be transmitted by the major part of them, acting as a committee, or shall write any private letter containing any instructions in any matter before the same hath been considered and approved of by a committee, every person committing such misdemeanour shall be liable to the censure of the General Assembly. | All matters to be by a majority of the said committee. |
| III. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the treasurer | Agent's salary. |
| of this colony, for the time being, appointed by or pursuant to an act of Assembly, to pay unto the said agent, out of the public money that shall be in the treasury, the sum of five hundred pounds sterling per annum, as a full compensation for his trouble and expences in the discharge of his duty in such office. | ||
| IV. Provided nevertheless, and it is hereby enacted, That if at any time the said committee, or the major part of them, shall think proper to remove the said Edward Montague, esquire, from his office of agent, then such allowance and powers hereby given to the said Edward Montague, esquire, shall cease, and such committee, or the major part of them, shall notify the same to him, and lay their reasons for so doing before the next succeeding Assembly; or in case the said Edward Montague, esquire, shall die, or refuse to take upon himself the said office of agent, the said committee be, and are hereby impowered and required, either upon the removal of the said Edward Montague, esquire, from his office of agent, or upon his death or refusal to take upon himself the said office, to appoint some other fit person in his room to act as agent, for such allowance, as aforesaid, to be approved of by the succeeding Assembly. | The agent removable by the committee. | |
| V. And be it further enacted, That this act shall continue and be in force, from and after the passing thereof, for and during the term of seven years and no longer. | Continuance. | |
| CHAP. VII. | ||
| ||
| I. WHEREAS the act made at the first session of this present General Assembly, intituled, An Act to enable the inhabitants of this colony to discharge their | Act making tobacco debts payable |
| public dues, officers fees, and other tobacco debts, in money, for the ensuing year, hath been found very beneficial and necessary, but some doubts and controversies have arisen thereupon, 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 the said act, nor any thing therein contained, shall be construed so as to extend to any sheriff or other collector of levies and officers fees, who before the passing of the said act had received such levies and fees, or any of them, and had not paid the same to the officers or public, county, and parish creditors; nor to any person or persons then in arrear for such levies or fees to the sheriffs or collectors thereof; nor to any sheriff or other officer who had levied any execution or other distress for tobacco, and had not paid the same to the creditor or landlord, but that all and every such sheriff, officer, collector, or person in arrear shall be obliged to pay such arrears due from them respectively, either in tobacco according to the directions of the act of Assembly, intituled, An act for amending the staple of tobacco, and preventing frauds in his majesty's customs, or in money, at the rate that was current at the time such tobacco ought to have been paid, any thing in the herein before recited act to the contrary notwithstanding. | in money explained. | |
| CHAP. VIII. | ||
| ||
| I. WHEREAS the act of Assembly, made in the nineteenth year of his present majesty's reign, intituled, An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, which hath been continued by three other acts, made in the twenty-second, twenty-fifth, and thirty-second | Act for regulating and collecting officers fees continued. |
| years of his majesty's reign, will expire on the twelfth day of April, one thousand seven hundred and sixty, and it being 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 first recited act shall continue and be in force from and after the said twelfth day of April, one thousand seven hundred and sixty, for and during the term of two years and no longer. | ||
| CHAP. IX. | ||
| ||
| I. WHEREAS by an act of this present session of Assembly, intituled, An act for granting an Aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned, it is enacted, That an additional number of five hundred men shall be raised, to be divided into five companies, under the command of a lieutenant colonel, four captains, ten lieutenants, and five ensigns, and employed for the protection of the subjects on the frontiers of this colony, as the governor or commander in chief shall, from time to time, direct; and shall not be incorporated with the Virginia regiment, joined with the king's forces, employed to garrison Pittsburg, or sent out of this colony upon any pretence whatsoever. | Recital of former act, ante ch. 1. | |
| II. And whereas since the passing the said act it is found necessary that two hundred of the said five hundred men, so to be raised, should be employed as artificers to be joined to the said regiment: 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 | Part of the new recruits to be employed as artificers. |
| and may be lawful for the governor or commander in chief of this colony, for the time being, to order and direct two hundred men, with their officers, part of the said five hundred men to be raised as aforesaid, to join the said regiment, to be employed as artificers, any law to the contrary notwithstanding; and the said two hundred men, so to be employed, shall receive, over and above the bounty given them by the above recited act at the time of their enlisting, the further sum of five pounds current money each. | ||
| CHAP. X. | ||
| ||
| I. WHEREAS an act of Assembly was made in the thirtieth year of the reign of his present majesty, intituled, An act for preventing mutiny and desertion, which was continued by another act made in the following year, intituled, An act for continuing and amending an act, intituled, An act for preventing mutiny and desertion, with an additional clause in the said last mentioned act contained, and will soon expire, and it is expedient that the said first mentioned act together with the said additional clause, in the other act mentioned, 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 act of Assembly, made in the thirtieth year of his majesty's reign, intituled, An act for preventing mutiny and desertion, together with the said additional clause contained in the said act made in the following year, shall continue and be in force, from and after the expiration thereof, for and during the term of one year from thence next following, and no longer. | Act for preventing mutiny and desertion, further continued. |
| CHAP. XI. | ||
| ||
| I. WHEREAS an act of Assembly was made in the twenty-fifth year of the reign of his present majesty, intituled, An act for reviving the duty upon slaves, to be paid by the buyers, for the term therein mentioned, which was further continued by another act of Assembly, made in the twenty seventh year of his majesty's reign, intituled, An act for continuing the act, intituled, An act for reviving the duty upon slaves for the term therein mentioned, which will expire on the twentieth day of April, one thousand seven hundred and sixty; and it being found expedient that the said first recited act should be further continued, for the purposes therein mentioned: 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 mentioned act of Assembly, and every clause and article thereof, shall be and continue in force, from and after the said twentieth day of April, one thousand seven hundred and sixty, for and during the term of seven years from thence next following, and no longer. | Act reviving duty on slaves, further continued. |
| CHAP. XII. | ||
| ||
| I. WHEREAS an act of Assembly was made in the twenty-eighth year of the reign of his present majesty, intituled, An Act for continuing so much of the Act of Assembly, intituled, An Act for the encouragement and protection of the settlers upon the waters of the Mississippi, as relates to the raising and imposing, collecting and paying, the duties therein mentioned ; by which act the said duties were further continued to the fourteenth day of February, one thousand seven hundred and sixty, with a further proviso, that where it is necessary in the General Court to sue out several Capiases in one suit at common law, or several Subpœnas in Chancery, the plaintiff or plaintiffs shall not be obliged to pay the duty for more than one writ or Subpœna. | Preamble. | |
| II. And whereas the said act will then expire, and it is necessary that the same should be further continued ; for the purposes therein mentioned, and for defraying the publick debts and other exigencies of this government, 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 act of assembly shall continue and be in force from and after the said fourteenth day of February, one thousand seven hundred and sixty, for and during the term of five years from thence next following, and no longer. | Act for encouragement and protection of settlers on waters of Mississippi, continued in part. | |
| III. And whereas by the said act for the encouragement and protection of the settlers upon the waters of the Mississippi, the treasurer of this colony was impowered and required to borrow a sum of money, not exceeding ten thousand pounds, or so much thereof |
| as should be found necessary and expedient, at an interest of six per centum, to be applied as in the said act is particularly directed ; and that for an encouragement to lend money on that occasion, the revenues or duties arising by the importation of liquors and slaves, and all the other duties imposed by the said act, should, and were thereby declared to stand, be and remain, as a security for the payment of the money so to be borrowed as aforesaid; and the treasurer was thereby required to repay the money so to be borrowed, with interest, out of the first publick money that should come to his hands, either by receipt of the duties aforesaid, or otherwise. | |
| IV. And whereas the said treasurer, in pursuance of the directions of the said act, did borrow the said sum of ten thousand pounds for the purposes therein mentioned, which, with the interest thereon accruing, is not yet fully paid and satisfied ; but it may so happen, that a greater sum of money may be raised by the duties aforesaid than will be sufficient to discharge that debt, Be it therefore enacted, by the authority aforesaid, That all such sum and sums of money as shall arise by the duties aforesaid, and remain in the hands of the said treasurer after the said sum of ten thousand pounds, and the interest aforesaid, shall be fully paid and satisfied, shall be accounted for by the said treasurer to the general assembly, and shall be applied and disposed to such other publick use or uses as by the general assembly shall be from time to time directed and appointed, and to no other use, intent or purpose, whatsoever. | Unappropriated monies to be accounted for to General Assembly. |