Pages 311-330 
|  Pages 347-367
|
| Pages 311-330
| Pages 347-367
|
| ANNO REGNI GEORGII II, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, tricesimo tertio. 
| |||
|
Francis Fauquier, esq. governor. | ||
| CHAP. I. | |||
| |||
| I. WHEREAS it is necessary, as well to secure and preserve the several forts and places reduced to his majesty's obedience by the glorious success of his arms in the last campaign, as to protect the frontiers of this colony from the incursions and threatened invasions | Preamble. |
| of the Cherokee and other Indians who are still in sculking parties ravaging our borders, that part of the forces now in the pay of this colony should be further continued in our service, from the first day of December next, to which time they now stand provided for, until the first day of May next: 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 so much money as shall be necessary for the subsistence and pay of the Virginia regiment, part of the said forces, from the first day of December to the said first day of May following; and for the subsistence and pay of the three companies now on the southern frontiers of this colony, from the said first day of December to the first day of February following, shall be paid by 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 publick money that shall come to his hands by virtue of this act, 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 that the sum so to be paid do not exceed, in the whole, the sum of ten thousand pounds, to be accounted for to the general assembly. | Regiment to be continued till the first day of May. |
| II. Provided always, and be it further enacted, by the authority aforesaid, That the governor or commander in chief for the time being, if he shall think convenient or necessary, may order and direct part of the said regiment, not exceeding the number of four hundred men, to continue in conjunction with his majesty's forces, and be employed in such manner as the commander in chief of his majesty's forces shall appoint and direct; and that the remaining part of the said regiment shall be stationed in such manner, for the defence and protection of the inhabitants on the frontiers of this colony, or employed in such offensive or defensive operations, as the governor or commander in chief of the colony for the time being shall think fit to order and direct: And if by any authority whatsoever they shall be detained or prevented from proceeding to such places, and upon such services as the governor or commander in chief shall direct, after the said first day of December next, their pay and subsistence hereby given shall cease, and they shall | Four hundred may be joined with his
majesty's forces. The remainder to protect the frontiers. |
| not be deemed or taken to be in the service or pay of this colony, any thing in this act to the contrary notwithstanding. | |
| III. And whereas it will be impossible for that part of the said regiment, directed by this act to be stationed for the protection and defence of the inhabitants on the frontiers, to march to the several posts appointed for them before the said first day of December, and the frontiers will be left entirely defenceless, should the three companies now stationed on the frontiers be disbanded on the said first day of December: Be it therefore enacted, by the authority aforesaid, That the said three companies shall be continued in the pay of this colony to the first day of February next, and no longer. | The three companies continued till the first day of February. |
| IV. Provided always, and be it enacted, by the authority aforesaid, That if part of the said regiment, so to be stationed as aforesaid, shall arrive at the several posts for them appointed by the governor or commander in chief for the time being, before the said first day of February, that the said three companies shall thereupon be immediately disbanded, and shall not be deemed or taken to be any longer in the service of this colony, and their pay and subsistence shall from thenceforth cease, any thing in this act to the contrary, or seeming to the contrary, notwithstanding. | Unless that part of the regiment arrives at the posts directed by the governor. |
| V. And for raising the money hereby given and granted, Be it further enacted, by the authority aforesaid, That a duty of two shillings for every hogshead of tobacco delivered out from the several warehouses in this colony, between the twentieth day of October, one thousand seven hundred and sixty-seven, and the twentieth day of October, one thousand seven hundred and sixty-nine, shall be paid by the owner or proprietor thereof, which said duty the several inspectors at the said warehouses shall, and they are hereby impowered and required to collect and receive, without fee or reward, of and from the said owners and proprietors, before they deliver such tobacco out of their respective warehouses; and shall be by them accounted for, upon oath, and paid to the said treasurer, or the treasurer of this colony for the time being, appointed as aforesaid, and shall be accounted for by the said treasurer to the general assembly, after deducting two and an half per centum for his salary in receiving and paying the same. | Duty on tobacco. |
| VI. And whereas the duty aforesaid cannot be collected in time to answer the purposes hereby intended, Be it further enacted, by the authority aforesaid, That the said treasurer, or the treasurer of this colony for the time being, appointed as aforesaid, shall, and he is hereby impowered and required to borrow a sum of money, not exceeding ten thousand pounds, at an interest of five per centum, to be applied in the same manner, and to and for the same uses, intents, and purposes as herein before directed. And if it shall so happen that the said money cannot be borrowed in time to answer the purposes hereby intended, then it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, to issue and emit five thousand pounds of the treasury notes directed to be issued by two acts, one made in the twenty-ninth year of his present majesty's reign, intituled, An Act for continuing and amending an act, intituled, An Act for the relief of the proprietors of the tobacco burned at Bolling's-Point warehouse, in the county of Dinwiddie; and for relief of the proprietors of tobacco burned at Coan and Deep-Creek warehouses: The other act made in the thirtieth year of his said majesty's reign, intituled, An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned; and which notes have not yet been applied according to the directions of the said acts; and shall be by the said treasurer paid and applied in part of the said sum of ten thousand pounds granted by this act, and to and for the same uses and purposes. And if the said money shall not by these means be compleated, and there shall be any deficiency after paying away, as well the money to be borrowed by virtue of this act, as the said five thousand pounds of the old treasury notes above mentioned, then it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, to issue or emit other treasury notes sufficient to make up the said sum of ten thousand pounds; which notes shall be prepared in the manner herein after directed. | Treasurer may borrow £ 10,000.
If money cannot be borrowed, the treasurer to emit treasury notes. |
| VII. And whereas the parliament of Great-Britain have granted the sum of fifty thousand pounds sterling to his majesty, to be divided amongst the southern colonies of North-America; and it hath been represented to this assembly that his majesty has been | Relating to the money granted by the parliament. |
| graciously pleased to allot the sum of thirty thousand pounds for the use of this colony, towards reimbursing the inhabitants thereof the great sums of money they have hitherto expended in the defence of his just rights and possessions: Therefore for encouraging persons to lend money on this occasion, Be it further enacted, by the authority aforesaid, That the said treasurer, or the treasurer of this colony for the time being, appointed as aforesaid, shall, and he is hereby impowered to receive the said thirty thousand pounds, or any part thereof, of the person or persons by his majesty directed to receive and pay the same: And thereout shall, in the first place, repay the money so to be borrowed, with interest, on the first day of May next; and shall also, out of the said money, replace the above mentioned sum of five thousand pounds of the old treasury notes he is hereby directed to issue, in case he shall not be able to borrow the money granted by this act; and the balance that shall then remain in his hands, of the said thirty thousand pounds, shall be applied to the redemption of all such other treasury notes as he may find it necessary to issue, to answer the demands that shall be made upon him for the purposes of this act, and to such other public uses as by the general assembly shall be, from time to time, directed and appointed. | |
| VIII. But forasmuch as divers unforeseen accidents may prevent the money granted by parliament, as aforesaid, from being received into this colony, whereby the re-payment of the money so to be borrowed may be delayed, and the intent of this actg defeated: Therefore, as a further security to persons who shall be disposed to lend money as aforesaid, Be it further enacted, by the authority aforesaid, That in case the said money shall not be received by the said treasurer, on or before the said first day of May next, it shall and may be lawful for the said treasurer, or the treasurer for the time being, appointed as aforesaid, to issue or emit such a number of treasury notes as shall be sufficient, as well to repay the money he shall borrow by virtue of this act, with interest as aforesaid, as to restore to the proper funds such part of the said five thousand pounds as he shall issue out of the treasury notes now remaining in his hands, emitted in pursuance of the acts of assembly above mentioned; which notes, together with such others as | Treasury notes. |
| the said treasurer shall emit by virtue of this act, shall be prepared, printed, or engraved, and numbered in such form, and after such method, as he shall judge most convenient for their circulating in payments and being safe from counterfeits and forgeries; and shall be signed by Peyton Randolph and Robert Carter Nicholas, esquires, who shall deliver them, when signed, to the treasurer for the time being, appointed as aforesaid, and take his receipt for the same: And each signer shall receive of the said treasurer twenty shillings for every thousand of the said notes by them respectively signed and delivered as aforesaid; and the said treasurer shall be allowed half per centum for all the said notes by him paid away as his salary for paying the same. | |
| IX. And be it further enacted, That all notes to be issued in pursuance of this act shall be redeemable on the twentieth day of October, one thousand seven hundred and sixty-nine, 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 till the time before limitted for their redemption at the treasury aforesaid. | Their redemption. Tender. |
| X. And be it further enacted, by the authority aforesaid, That if any person or persons shall forge or counterfeit, alter or erase, any such treasury note, or demand a redemption thereof at the treasury, knowing the same to be forged or counterfeited, altered or erased; or if any person or persons shall, during the time the said notes shall remain current within this colony as aforesaid, offer to sell or expose to sale any goods or chattels, lands or tenement whatsoever, or 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 notes 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 notes than for gold or silver coin, or shall use any other device, means, or method whatsoever, whereby the credit of the notes may be impaired, every person so offending shall suffer and pay the pains, penalties, and forfeitures, inflicted | Counterfeiting them. Or depreciating their value. |
| for the like offences, respectively, by the before mentioned act of assembly, intituled, An Act for granting an aid to his majesty, for the better protection of this colony, and for other purposes therein mentioned, to be inflicted, recovered, and appropriated, as in the said act is directed. | |
| XI. And be it further enacted, That the money to be raised by the duty imposed by this act shall stand, be, and remain as a security for the redemption of the treasury notes so to be issued; and the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands arising on the duty aforesaid, for and towards the redemption of the said treasury notes, and to no other use intent, or purpose whatsoever. | The security for their redemption. |
| XII. And be it further enacted, by the authority aforesaid, That in case the treasurer of this colony for the time being, appointed as aforesaid, shall receive the said thirty pounds for the use of this colony into the publick treasury, on or before the said first day of May next, so much of this act as relates to the laying and imposing, collecting and paying, the said duty on tobacco; and the power hereby given to the said treasurer to issue and emit treasury notes to the several uses and purposes above mentioned shall cease and become void to all intents and purposes, as if this act had never been made. | Where the treasurer receives the money granted by parliament. |
| XIII. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer of this colony, shall give such further security as shall be approved by the governor or commander in chief of this colony in the sum of 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 into his said office. | Treasurer to give further security. |
| CHAP. II. | ||
| ||
| I. WHEREAS great numbers of negro and other slaves, imported to the provinces of Maryland, North-Carolina, and other places in America, have been there bought by the inhabitants of this colony, and from thence transported hither, whereby not only the payment of the duties on slaves has been evaded, but the duties imposed by the laws of those countries have been born by our people; for prevention whereof, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the passing of this act, there shall be paid to our sovereign lord the king, his heirs and successors, for all slaves imported or brought into this colony and dominion from Maryland, North-Carolina, or any other place in America, by the owner or importer thereof, after the rate of twenty per centum on the amount of each respective purchase, really and bona fide made, by such owner or importer, in such province or other place in America; to be applied towards discharging the publick debts of this colony, and to such other publick uses as the general assembly shall from time to time direct. | Preamble. The duty. | |
| II. And to the end that the said duty may be faithfully collected and accounted for, Be it further enacted, by the authority aforesaid, That the owner or importer of such slaves shall, within twenty days after such importation, deliver, or cause to be delivered, on oath, to the clerk of the court of the county in which he or she shall reside (which oath such clerk is hereby impowered to administer) a true list or manifest of all slaves by him or her so imported, distinguishing their sexes, with a true account of the prices by him or her given for the same in such province or other place in America; and on failure thereof, every such owner or importer shall forfeit and pay the sum of fifty pounds | How to be collected. |
| for every slave, so imported and omitted in such list, or of whose price a true account was not given. And every clerk to whom such list shall be delivered, as aforesaid, shall, within forty days after his receiving such list, deliver a copy of the same to the sheriff of his county, and also transmit another copy thereof to the treasurer of his colony: And every sheriff, upon the receipt of such list, is hereby impowered and required to demand and collect of such owner or importer the duty herein before laid, according to such list; and in case of non-payment to levy the same by distress, in like manner as he is by law directed to distrain for levies and other publick debt; and every such sheriff shall account for and pay the duties by him received, according to such list, to the treasurer of this colony, appointed by or pursuant to an act of assembly, on or before the twenty-fifth day of April yearly, deducting after the rate of six per centum for his trouble in collecting and paying the same. And if any sheriff shall fail to collect, account for, and pay such duties, after the deduction aforesaid, and an allowance for persons not dwelling nor having any effects in his county, it shall and may be lawful for the said treasurer to demand judgment against the said sheriff in the general court, or court of the county in which such sheriff shall reside, for all the money due on such list, which judgment the said court is hereby impowered and required to give, on the motion of the said treasurer, provided ten days previous notice of such motion be given to such sheriff. | |
| III. And be it further enacted, by the authority aforesaid, That every county court clerk, failing to transmit such copies of every list, delivered to him as aforesaid, to the treasurer and sheriff, according to the directions of this act, shall forfeit and pay the sum of one hundred pounds for every such failure. | Penalty on clerks. |
| IV. Provided always, That every owner or importer of slaves, as aforesaid, shall be entitled to the same advantages on payment of the said duty in imported gold or silver as is allowed, and according to the terms prescribed by law to the purchasers of laves; and that no importer of slaves for his own use shall be liable to the payment of any duty by virtue of this act for any slave that shall die within forty days after his or her importation, on due proof of such death, according to the laws now in force imposing a duty on the purchasers of slaves. | Where duty paid in imported gold or silver. |
| V. And be it further enacted, by the authority aforesaid, That the several penalties and forfeitures arising by virtue of this act, shall and may be recovered with costs, by action of debt or information, in any court of record within this colony; one moiety whereof shall be to our sovereign lord the king, his heirs and successors, to be applied to the same uses as the duty hereby imposed is appointed, and the other moiety to him or them that will inform or sue for the same; and the grand juries in the general court and county courts in this colony, respectively, are hereby also impowered and required to present all offences against this act to the court. | How the penalty to be recovered and appropriated. |
| VI. Provided also, That nothing in this act contained shall extend, or be construed to extend to any traveller who shall bring with him into this colony such slaves as shall be necessary to attend him in his journey, and shall not sell, barter, or exchange the same in this colony; nor to any person or persons who shall actually remove with their families and estates to reside in this colony. | Exemptions. |
| VII. And be it further enacted, That this act shall continue and be in force, from the passing thereof, until the twentieth day of April, one thousand seven hundred and sixty-seven, and no longer. | Continuance. |
| CHAP. III. An Act for altering the court day of the county of Augusta. | |
| I. WHEREAS the court day for the county of Augusta, as the same is now settled, is found to be very inconvenient, as wall to the inhabitants of the said county, as to others who are obliged to attend business at that court: Therefore, for rendering the same more convenient, 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 first day of January | Court day of Augusta county altered. |
| next, the court of the said county of Augusta shall be constantly held on the third Tuesday in every month, any law, custom, or usage to the contrary notwithstanding. | ||
| CHAP. IV. | ||
| ||
| I. WHEREAS it has been represented to this general assembly, that the glebe land in the parish of Dale, in the county of Chesterfield, is very barren, and the houses thereon much out of repair; but from the convenient situation of the said land, being adjacent to a publick warehouse where a great trade is carried on, it will sell for a sufficient sum of money to purchase a good tract of land for a glebe, and building all necessary houses thereon: And as the minister and vestry o the said parish are desirous to sell the same, 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 vestry of the said parish be, and they are hereby impowered to sell and dispose of the said glebe in such manner as shall seem to them most for the benefit of the said parish, and to execute a deed or deeds for the same to the purchaser or purchasers thereof; which deed or deeds shall be good and available in law from them and their successors to pass the fee-simple estate of the said land: And with the money arising by such sale they are hereby impowered and directed to purchase other convenient lands for a glebe for the said parish, and the residue of the money, if any there be, shall be applied to the building such houses, and making such other improvements thereon as are required by law. | Vestry of Dale parish in Chesterfield county authorised to sell their glebe land. |
| CHAP. V. | |||
|
"assemby" is in the original. | ||
| I. WHEREAS by one act of assembly, made in the third and fourth years of the reign of his present majesty, intituled, An Act for the better regulating the payment of the Burgesses wages, it is amongst other things enacted, that when any session of assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands to discharge all the money debts, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, saving and reserving in the hands of the treasurer, over and above the said payment, a balance of one thousand five hundred pounds at the least, then every burgess elected and serving for any county or corporation within this dominion should be paid out to the publick money the sum of ten shillings for each day he shall serve in the house of burgesses, with such further allowances, and under such restrictions and regulations as in the said act is at large mentioned. | Burgesses wages payable in money. | ||
| II. And whereas, upon examination of the treasurer's accounts, it appears that there is not money sufficient in his hands to pay the burgesses wages for the last and present session of assembly, leaving in the hands of the treasurer a balance of one thousand five hundred pounds, according to the directions of the said act: Nevertheless, as the payment of the said wages in money will be a great ease to the poorer sort of people, by lessening the levy by the poll, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the burgesses wages for this present session of assembly shall be paid by the treasurer, out of the public money in his hands, on or before the twenty-fifth day of April, one thousand seven hundred and sixty, according |
| the directions and regulations in the said recited act mentioned, any thing in the said act to the contrary thereof in any wise notwithstanding. | ||
| CHAP. VI. | ||
| ||
| I. WHEREAS Edwin Thacker, late of the county of Middlesex, gentleman, deceased, was, in his life time, seized in fee-tail of and in a certain tract or parcel of land, containing about three thousand one hundred acres, situate, lying, and being in the parish of Christ-Church, in the said county of Middlesex; and being so seized departed this life, some time in the year of our Lord one thousand seven hundred and forty-five, intestate, leaving Elizabeth his widow and four daughters, to wit, Frances, Elizabeth, Anne, and Sarah, amongst whom partition and division was afterwards made of the said lands, by virtue whereof the said Frances, since intermarried with and now the wife of Lewis Burwell, of the county of James-City, esquire, is seized in fee-tail of and in five hundred and twenty-two acres, being her equal part and dividend of the said lands. | Intail of certain lands docked, and vested in Lewis Burwell, in fee-simple. | |
| II. And whereas the said Lewis Burwell is and stands seized in fee-simple of and in eighteen hundred acres of land, situate, lying, and being in the parish of Newport, in the county of Isle of Wight, & adjoining to eighteen hendred acres of land whereof he is seized in fee-tail, in the said parish of Newport, and county of Isle of Wight; and it will be greatly to the advantage of the said Lewis Burwell, and Frances his wife, and their posterity, to dock the intail of the said five hundred and twenty-two acres of land, in the parish of Christ-Church, and county of Middlesex aforesaid, and to settle eight hundred acres, part of the said | ||
 "hendred" in the paragraph just above, is in the original |
| eighteen hundred whereof the said Lewis Burwell is seized in fee-simple as aforesaid, lying next to the said eighteen hundred acres of land whereof he is seized in fee-tail, being of greater value, to the same uses. | |
| III. And forasmuch as notice hath been published, three Sundays successively, in the several churches in the said parish of Christ-Church, that application would be made to this general assembly to dock the intail of the said five hundred and twenty-two acres of land, and to settle other lands, of greater value, to the same uses, pursuant to your majesty's instructions. | |
| IV. May it therefore please your most excellent majesty, at the humble suit of the said Lewis Burwell and Frances his wife, that it may be enacted; and 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 tract or parcel of land, with the appurtenances, containing five hundred and twenty-two acres, lying and being in the parish of Christ-Church, in the county of Middlesex, whereof the said Frances, the wife of the said Lewis Burwell, is seized in fee tail, as aforesaid, be, and the same is hereby vested in the said Lewis Burwell, his heirs and assigns, to the only proper use and behoof of the said Lewis Burwell, his heirs and assigns, for ever; and that the said eight hundred acres of land, lying next to the said eighteen hundred acres of land whereof the said Lewis Burwell is sized in fee-tail, with the appurtenances, situate, lying, and being in the said parish of Newport, in the county of Isle of Wight, be, and the same are hereby vested in the said Lewis Burwell, and Frances his wife, and the heirs of the body of the said Frances, lawfully begotten; and on failure of such heirs, the same shall remain and descend to such person and persons, in the same manner, and under the same limitations and remainders, successively, as the said lands in the parish of Christ-Church, in the county of Middlesex, would have remained and descended if this act had never been made. | |
| V. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politick and corporate, their respective heirs and successors, other than the persons claiming in reversion and remainder, after the |
| death of the said Frances Burwell, without issue of her body lawfully begotten, all such right, title, interest, claim and demand, as they, every, or any of them, should or might claim if this act had never been made. | |
| VI. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. | |
Page 346 was left blank |
| Pages 311-330
| Pages 347-367
|