Pages 401−516 
|  Pages 539-563
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| Pages 401−516
| Pages 539-563
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| ANNO REGNI GEORGII III, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, tertio. | ||||
|
Francis Fauquier, Esq. Governour | |||
 CHAP. I. | ||||
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| I. WHEREAS the laws now in being for regulating the election of burgesses, and declaring the qualifications of voters at such elections, have proved defective; and it hath been found, by long experience, that frequent new assemblies tend greatly to the happiness and good government of this colony; we your majesty's most loyal and obedient subjects, the lieutenant- | Preamble. |
| governour, council and burgesses, of this present general assembly, do humbly beseech your most excellent majesty that it may be declared and enacted, and Be it enacted, by the Lieutenant Governour, Council, and Burgesses of this present General-Assembly, and it is hereby enacted by the authority of the same, That from henceforth a general assembly shall be holden once in three years at the least. | An assembly to be held once in three years. |
| II. And be it further enacted, That within three years at the furthest from and after the dissolution of this present general-assembly, and so from time to time forever hereafter, within three years at the furthest from and after the determination of every other general-assembly, legal writs under the seal of the colony shall be issued by directions of the governour or commander in chief for the time being, in manner herein after directed, for calling, assembling and holding, a new general-assembly. | Writs to be issued, when. |
| III. And be it further enacted, by the authority aforesaid, That the freeholders of every county which now is, or hereafter shall be, within this dominion, qualified as is by this act hereafter directed and declared, have, and shall have, the privilege and liberty of electing two of the most able and fit men, being freeholders, qualified to vote in such county respectively; to be present, and to act and vote, as representatives of such county, in all general-assemblies to be sommoned and held as aforesaid: and that the freeholders of James City shall have the liberty of electing one burgess, to be present, act and vote, in all such general assemblies. | Freeholders qualified by this act to vote. James City. |
| IV. And for settling what freeholders shall have a right to vote, Be it further enacted, by the authority aforesaid, That every person shall have a right to vote at any election of Burgesses for any county who hath an estate of freehold for his own life, or the life of another, or other greater estate, in at least fifty acres of land, if no settlement be made upon it, or twenty five acres, with a plantation and house thereon, at least twelve feet square, in his possession, or in the possession of his tenent or tenants, for term of years, at will or sufferance, in the same county where he gives such vote; and any person having such estate, in fifty acres of land, in one tract, uninhabited, lying in two or more counties, shall have a right to vote in that county only wherein the greater quantity | The qualification of voters. |
| of the said land lies, although the same shall not amout to fifty acres, in either county; and every person possessed of twenty-five acres, with a plantation and house thereon, as aforesaid, lying in two or more counties, shall have a right to vote in that county only where the house shall be, and every person possessed of a lot, or part of aa lot, in any city or town established by act of assembly, with a house thereon; at least twelve feet square, shall have a right to vote at such election. | |
| V. Provided always, That where lands are held by several joint tenants, or tenants in common, or the interest of any such house and lot, or part of a lot, is or shall be divided among several persons, no more than one single vote shall be admitted in right of such lands, or house and lot, or part of a lot, and that only in case all the parties interested can agree; otherwise no vote shall be allowed to be given for such freehold, unless the quantity of such lands shall be sufficient to allot to such tenant fifty acres at least, if the same be uninhabited, or twenty five acres, with a house and plantation, as aforesaid. | Joint tenants in common. |
| VI. Provided also, That no person shall vote for the electing any burgess in right of any lands or tenements whereof he has not been in possession, or hath had a legal title, for one whole year, next before the teste of the writ for such election, unless such lands or tenements came to such person within that time by descent, marriage, marriage settlement, or devise. | Further qualifications. |
| VII. And be it further enacted, That no feme, sole or covert, infant under the age of twenty-one, recusant, convict, or any person convicted in Great Britain or Ireland, during the time for which he is transported, nor any free negro, mulatto or Indian, although such persons be freeholders, shall have a vote, or be permitted to poll, at any election of burgesses, or capable of being elected; and if any person, not being a freeholder, qualified as by this act is directed and required, shall presume to vote or poll at any such election, he shall forfeit and pay five hundred pounds of tobacco; one moiety to the king, his heirs and successours, for the better support of this government, and the contingent charges thereof; the other moiety to the informer, to be recovered with costs, by action of debt or information, in any county court of this dominion: | Who are deprived of the privilege of voting. Penalty. |
| And if in such suit a question shall arise whether such person be a freeholder as aforesaid or not, the onus probandi shall lie on the defendant. | Onus probandi |
| VIII. And for the more regular and legal electing such burgesses, Be it further enacted, by the authority aforesaid, That the following rules and methods shall be observed to wit: the writs for the election of burgesses shall be signed by the governour or commander in chief of this dominion for the time being, with the seal of the colony affixed to them, and shall be delivered to the secretary of this colony, for the time being, forty days at least before the day appointed for the general-assembly to meet and be held; the secretary shall cause such writs to be conveyed and safely delivered to the sheriff of each county respectively, within ten days after the date thereof; every sheriff within three days after his receipt of such writ shall cause a copy thereof to be delivered to he minister and reader of every parish in his county, and shall upon the back of every such copy endorse the time and place by him appointed for the election, which shall always be at the court-house of his county, twenty days at least after his receiving such writ; every minister and reader receiving such copy and endorsement shall publish the same in his church or chapel, where they, or either of them, officiate, immediately after divine service, every Sunday, between the receipt of such copy and the day of election, and shall return the same copy to the sheriff, together with a certificate of the due publication thereof; and if at any time the secretary shall fail to cause the writs for electing burgesses to be safely conveyed and delivered to the several sheriffs as aforesaid, he shall forfeit and pay the sum of one hundred pounds current money for every writ he shall fail to deliver as aforesaid; and if the sheriff of any county shall fail to cause a fair copy of such writ and such endorsement thereon to be delivered to every parish minister and reader within his county as aforesaid, within the time before directed, such sheriff shall forfeit and pay fifty pounds current money; and if any minister or reader, receiving such copy, shall fail to make publication and return thereof as aforesaid, he shall forfeit and pay twenty-five pounds current money; which said several forfeitures shall be recoverable with costs, by action of debt or information, in any court of record in this dominion, wherein the same shall be cognizable; and | The method of electing Penalties. |
| one moiety thereof shall be to our soverign lord the king, his heirs and successours, for and towards the better support of this government, and the contingent charges thereof; and the other moiety to the person or persons who shall inform, or sue for the same. | |
| IX. And be it further enacted, by the authority aforesaid, That after publication of such writs, and at the day and place of election, every freeholder actually resident within his county shall personally appear and give his vote, upon penalty of forfeiting two hundred pounds of tobacco, to any person or persons, who will inform or sue for the same; recoverable with costs, by action of debt or information, in any county-court of this dominion. | Freeholders under a penalty to appear and vote. |
| X. And be it further enacted, That when the election of any burgess or burgesses cannot be determined upon the view, by consent of the freeholders and candidates, the sheriff, or in his absence the under-sheriff, shall proceed to take the poll in manner following, that is to say: he shall appoint such persons as he shall think fit, who shall take an oath to be administered by such sheriff or under-sheriff, for their true and impartial taking the poll; and thereupon, having books or lists prepared for that purpose, they shall in the courthouse, and before the candidates, or their agents the present, enter the names of every candidate in a distinct list or column, and the name of every freeholder giving his vote, under the name or names of the person or persons he votes for, but no freeholder who has voted once shall be admitted to poll any more at that election. And that every person having a right to vote for two burgesses at such election shall name the two persons he votes for when he first offers to be polled, and if he refuses to name more than one at such time he shall not afterwards at that election be allowed to vote for another; and when no more freeholders appear to vote after proclamation thrice made at the courthouse door, the sheriff shall, within one hour at the most, conclude the poll. | The sheriffs duty in taking the poll. |
| XI. Provided always, That where more freeholders appear at such election than can be so polled before sunsetting on the day of election, the sheriff or under-sheriff shall be empowered and required, at the request of any of the candidates, or their agents, to adjourn the concluding the poll until the next day, of which notice shall be published at the courthouse door; | The sheriffs power of adjourning the poll. |
| and the same sheriff or under-sheriff shall, on such next day, proceed in taking and concluding the poll, in manner aforesaid: and when the poll shall be concluded as aforesaid, the person or persons appearing upon examination to ahve most votes shall be delivered and returned burgess or burgesses; and if two or more candidates shall have an equal number of votes, the sheriff, or in his absence the under-sheriff, being a freeholder, shall and may return which of them he thinks fit. | Equality of votes. |
| XII. And be it further enacted, That if upon a scrutiny of the poll before the house of burgesses it shall appear that the petitioner and sitting member have an equal number of legal votes, and the sheriff or under-sheriff, being a freeholder, who took the poll at such election, shall declare upon oath that if the votes had been equal at the election he would have returned the petitioner, such petitioner shall be declared duly elected, and his name inserted in the return in the room of the sitting member. | Equality on a scrutiny before the house. |
| XIII. And be it further enacted, That every person before he is admitted to poll at such election, shall, if required by any candidate, or person appointed by any candidate, first declare whether he votes in right of fifty acres of unsettled land, twenty-five acres with a house and plantation thereon, or a house and lot, or part of a lot, in a town, and shall take one of the following oaths, as adapted to such freehold, or being one of the people called Quakers, shall declare to the same effect, that is to say: If for fifty acres of land in the same county, unseated, "You shall swear that you are a freeholder in the county of and have at least fifty acres of freehold land unseated, lying and being in the said county, in your sole possession, or in the possession of your tenant or tenants, for years, at will or sufferance; that you or such tenant have been so possessed, or that you have had the legal estate thereof, for at least one year last past, and that you have not been before polled in this election." If for fifty acres of land in two counties, unseated, "You shall swear that you have fifty acres of land unseated, lying and being in the counties of and in your sole possession, or in the possession of your tenant or tenants, for years, at will or sufference; that you or such tenant have been so possessed, or | The test of a person's being a freeholder. The respective oaths, &c. |
| "that you have had the legal estate thereof, for at least one year last past, and that the greatest part of the said land doth lie in the county of and that you have not been before polled at this election." If for twenty-five acres of land, with a house and plantation, in the same county, "You shall swear that you are a freeholder, and sole owner of twenty-five acres of land, with a house and plantation upon it, lying and being in the county of and in your sole possession, or in the possession of your tenant or tenants, for years, at will or sufferance; that you or such tenant have been so possessed, or that you have had the legal estate thereof, for at least one year last past, and that you have not been before polled at this election." If for twenty-five acres of land, with a house and plantation, in two counties, "You shall swear that you are a freeholder, and sole owner of twenty-five acres of land, with a house and plantation upon it, lying in the counties of and in your sole possession, or in the possession of your tenant or tenants, for years, at will or sufferance; that you or such tenant have been so possessed, or that you have had the legal estate thereof, for at least one year last past; that the house is in the county of and that you have not been before polled at this election."−−If for a house or lot, or part of a lot, in a town, "You shall swear that you are a freeholder of a house and lot, or a house and part of a lot, lying and being in the city or town of in your sole possession, or in the possession of your tenant or tenants, for years, at will or sufferance; that your or such tenant have been so possessed, or that you have had the legal estate thereof, for at least one year last past, and that you have not been before polled at this election." Which oath or affirmation the sheriff, or under-sheriff, taking such poll, is hereby empowered and required to administer, and cause the clerk attending to take the poll to enter, sworn or affirmed against the name of every voter who shall take such oath or affirmation, as aforesaid; and in case any freeholder, or other person taking the said oath or affirmation, shall thereby commit wilful and corrupt perjury, and be thereof convicted, or if any person do suborn any freeholder or other person to |
| take a false oath or affirmation, in order to his being polled, every such offender being thereof convicted shall suffer as for wilful perjury committed in a court of record. | |
| XIV. And whereas some persons, being real freeholders, for want of being proper judges of their freeholds, may scruple to take the said oath, and be thereby deprived of their votes, Be it further enacted, that where any freeholders, qualified as is herein-before directed, shall offer to give his vote at any election, but being required to take the oath or affirmation aforesaid shall refuse so to do, such vote shall not be added to the poll; but the sheriff or under-sheriff, shall cause the name of every such person, and who he votes for, to be entered in a separate list; and if there be any scrutiny of such poll before the house of burgesses, every such vote shall be allowed in the same manner as if it had been entered on the poll at the election. | Where freeholders scruple to take the oath. |
| XV. And be it further enacted, by the authority aforesaid, That within twenty days next after every such election, the sheriff or under-sheriff, taking such poll, shall, upon oath to be administered by any justice of the peace, deliver to the clerk of his county-court, attested copies of the original poll of such election, and the list taken of such as offer to vote, but refuse to take the oath or affirmation as aforesaid, to be by such clerk recorded. | Sheriff to deliver copies of the poll to the clerk of the county. |
| XVI. And be it further enacted, That after the election shall be concluded as aforesaid, the sheriff or under-sheriff taking the poll shall make return of such election, in manner following: upon the writ shall be endorsed "the execution of this writ appears in a certain schedule hereunto annexed." And in the schedule to the writ annexed, the execution thereof shall be certified as follows: "By virtue of this writ to me directed, in my full county, held at the courthouse for my said county, upon the day of in the year of the reign of by the grace of God of Great-Britain, France and Ireland, king defender of the faith, &c. by the assent of my said county, I have caused to be chosen two burgesses of my said county, to wit. A. B. and C. D. to act and do as in the said writ is directed and required;" and for the College of William and Mary, or for any city or town, the return shall be | The manner of returning. |
| thus: "By virtue of this writ to me directed, I did make publication thereof, and afterwards, to wit upon the day of in the year of the reign of by the grace of God of Great-Britain, France and Ireland king, defender of the fait,&c. at the said city (or town) of (or at the said college) by assent of the freeholders and other legal electors (or the president, masters or professors) I have caused to be chosen one burgess for the said city (or town, or college) to wit, A B. of to act and do as in the said writ is directed and required. And if at any time any candidate, or other person on his behalf, shall desire a copy of the poll, the sheriff or under-sheriff shall cause a fair attested copy thereof to be delivered to such candidate or person requiring the same." | |
| XVII. And be it further enacted by the authority aforesaid, That when upon the death or disability of any member of the house of burgesses the sheriff shall receive a writ for the election of one or more burgesses, during the session of any general assembly, such sheriff is hereby required to appoint such and so many persons as he shall think fit to give notice thereof, and of the day and place of election, unto every freeholder residing within the county, city or town, for which such election is to be; and the same shall be thereupon made as soon as possible, in the manner herein before directed, and the person or persons so elected returned in form aforesaid. And if any sheriff, or in his absence the under sheriff, shall refuse to take the poll, when required by any candidate or freeholder, before the return is made, or shall take it in other manner than by this act is directed, or shall refuse to give a copy of the poll when required as aforesaid, or shall make a false return, or fail to make return, and cause the same to be delivered to the clerk of the secretary's office for the time being, or to such other person as shall attend in the said office to receive the same, one day at least before the day in such writ limited for the return thereof, every sheriff or under sheriff so offending or failing shall forfeit and pay one hundred pounds current money; one moiety thereof to our sovereign lord the king, his heirs and successours, for the better support of this government, and the contingent charge thereof; the other moiety to the informer, or | When a member dies. |
| person who shall sue for the same; to be recovered with costs, by action of debt or information, in any court of record in this colony. | |
| XVIII. And be it further enacted, That the writs for electing burgesses at the college of William and Mary and for James town shall be delivered to the sheriff of James-City, who is hereby declared to be the proper officer for returning the said writs. | Sheriff of James-City, the returning officer for the college and James-town. |
| XIX. And be it further enacted, by the authority aforesaid, That no person hereafter to be elected a member of the general assembly for any county, city, town or corporation, within this dominion, shall, after the dissolution of any general assembly, or after any vacancy happening in this or any succeeding general-assembly, & before his election either himself, or by any other person or persons on his behalf, and at his charge, directly or indirectly, give, present or allow, to any person or perons, having voice or vote in such elections, any money, meat, drink, entertainment or provision, or make any present, gift, reward or entertainment, or any promise, agreement, obligation or engagement, to or for any person or persons, or to or for any county, city, town or corporation, or to or for the use, benefit, employment or preferment, of any person or persons, county, city, town or corporation, in order to be elected, or for being elected, a burgess for such county, city, town or corporation; & every person so giving, promising or engaging, shall be, and is hereby declared to be disabled and rendered incapable to sit or vote as a member of the house of Burgesses; but shall be, to all intents and purposes, incapacitated, as if he had never been elected. | No treating &c. |
| XX. And be it further enacted and declared, That all and every member of the general-assembly is and ought to be, and forever hereafter shall be, in his and their persons, servants and estates, real and personal, free, exempted and privileged, from all arrests attachments executions, and all other process whatsoever, save only for treason, felony, or breach of the peace, during his or their attendance in general-assembly, and for the space of ten days before, and ten days after, every session; and if any civil process shall be depending against such member or members, before his or their election, such process shall be stayed for ten days before and after every session as aforesaid; but may then be prosecuted, as it might otherwise | Members free in their persons. |
| have been, without discontinuance or abatement. And when any general-assembly shall be adjourned or prorogued longer than twenty days, process may be commenced and presented against any member or members thereof; but shall be stayed ten days before and after every session or meeting, by prorogation or adjournment, as aforesaid. | |
| XXI. And be it further enacted, by the authority aforesaid, That every burgess shall be allowed and paid by his county fifteen shillings a day for coming to, attending at, and returning from, every session of assembly; and, over and above the said daily allowance, there shall be paid and allowed for going to and returning from, every session of assembly; and, over and above the said daily allowances, there shall be paid and allowed for going to and returning from the general-assembly as followeth, to wit: To every burgess for the counties of James City, York, Warwick, Elizabeth city, New Kent, Gloucester, Charles City, Surry and Isle of Wight, one day for coming, and one day for returning; to every burgess for the counties of Henrico, Chesterfield, Nansemond, Sussex, Southampton, Norfolk, Prince-Anne, King-William, Prince-George, King and Queen, Middlesex and Essex, and to the burgesses of the borough of Norfolk, two days for coming, and two days for returning; to every burgess for the counties of Lancaster, Amelia, Richmond, Caroline, Goochland, Hanover, King-George, Cumberland, Dinwiddie and Brunswick, three days for coming, and three days for returning; to every burgess for the counties of Accomack, Northampton, Northumberland, Westmoreland, Stafford, Spotsylvania, Louisa and Prince-Edward, four days for coming, and four days for returning; to every burgess for the counties of Prince-William, Fauquier, Culpeper, Orange, Albemarle, Buckingham, Bedford, Lunenburg, Fairfax and Loudoun, five days for coming, and five days for returning; and every burgess for the counties of Augusta, Amherst, Frederick, Halifax & Hampshire, six days for coming, and six days for returning; but no burgess shall demand or receive any salary or wages for any day or days he shall fail to attend his service in the house of burgesses, Sundays excepted; and if any burgess shall be taken sick or lame, during his attendance on any session, or in his journey thereto, so as to be unable to attend, such burgess shall be allowed and paid for every day of the session, in the same manner as if he had attended the service of the house. | The allowances. |
| XXII. And be it further enacted, by the authority aforesaid, That when any session of assembly shall be held, and upon examination of the treasurer's accounts it shall appear that there are monies sufficient in his hands to discharge all the money debts due from the publick, together with the burgesses wages, and the salaries and allowances to the respective officers of the general-assembly, that then the burgesses wages, for such session, according to the regulations before-mentioned, and the wages for the attendance of every burgess for any city, town or corporation, at fifteen shillings per day each, shall be paid by John Robinson, Esquire, treasurer, or the treasurer for the time being, appointed by or pursuant to act of assembly, out of the public money in his hands. | When paid in money. |
| XXIII. Provided always, That where the assembly shall be adjourned for more than twenty days, in that case the burgesses attending such assembly shall be paid their wages to the time of such adjournment, either by their counties, or the treasurer, according to the rules and regulations aforesaid, in the same manner as if such assembly was prorogued. | Wages upon an adjournment. |
| XXIV. And be it further enacted, by the authority aforesaid, That at the time and place of election of burgesses; for any county, the sheriff, or in his absence the under sheriff, of such county, respectively, at the door of the courthouse, by proclamation to be there three times made, between the hours of one and three of the clock in the afternoon, shall give public notice of the time appointed for a court to be held for receiving the propositions and grievances, and the publick claims, of all and every person and persons presenting the same to the court, and thereupon the clerk, by the direction of the court, shall certify the same to the general assembly, and shall deliver the same to the burgesses of the county, to be by them presented accordingly: And in like manner a court for receiving and certifying propositions and grievances, and publick claims, as aforesaid, shall be appointed and held in each county respectively, before every session of the general assembly; and the sheriff of the county is hereby required to cause publick notice to be given of the time appointed for the holding such curt, at every respective church and chapel within his county. | Court of claims. |
| XXV. And whereas it hath been found inconvenient, and may prove of evil consequence, if any member of the house of burgesses should except [accept] of the office of sheriff, or of any place of profit, in this government, or if any sheriff, under-sheriff, or inspector of tobacco, should be elected and allowed to sit and vote as a member of the house of burgesses: Be it further enacted, by the authority aforesaid, That any person who now is, or hereafter shall be, sheriff or under sheriff of any county, or inspector of tobacco at any of the publick warehouses, during the time he shall be inspector, and for two years next after he shall be out of office, shall not be capable of sitting and voting as a member of the house of burgesses; and a writ shall issue for electing a new member in his stead, in the same manner as if such person was naturally dead: Nor shall any such inspector of tobacco, during the time aforesaid, presume to intermeddle or concern himself with any election of a burgess or burgesses, otherwise than by giving his vote, or endeavour to influence any person or persons to give his or their vote, under the penalty of fifty pounds; one half to our sovereign lord the king, his heirs and successours, for and towards defraying the contingent charges of this government, and the other moiety to the informer; to be recovered with costs, by action of debt or information, in any court of record within this dominion. | Perons exempted from being members. Sheriffs and inspectors of tobacco. |
| XXVI. And every member of this present, or any future house of burgesses, during the time of his being so, shall be exempted from being made or appointed sheriff; and if any member of the house of burgesses shall accept any office of profit whatsoever in this government, or hold the same in his own name, or in the name of any other person in trust for him, or for his use and benefit or shall execute by himself or his deputy any such office or place, such person shall be incapable of sitting or voting as a member of the house of burgesses, and a writ shall issue for electing a new member in his stead, in the same manner as if he was naturally dead; but such person shall be capable of being re-elected, and thereupon admitted to his place in the house of burgesses. | No member to accept an office of profit. |
| XXVII. Provided always, That nothing in this act shall be construed to hinder the legal electors of the city of Williamsburg, the borough of Norfolk, and the college of William and Mary, from choosing a representative | The boroughs to elect according to their charter. |
| in general assembly for the said city, town or college; but they, and each of them, shall and may continue so to do, according to their charters of incorporation, and the laws now in being, in the same manner as if this act had never been made. | ||
| XXVIII. And be it further enacted, by the authority aforesaid, That from hence-forth no general assembly whatsoever that shall at any time hereafter be called, assembled or held, shall have any continuance longer than for seven years at the furthest; to be accounted from the day on which, by the writs of summons, the said general-assembly shall be appointed to meet: And that this present general assembly shall cease and determine on the twenty-sixth day of May, 1768, unless the governour or commander in chief of this dominion for the time being shall think fit to dissolve it sooner. | the duration of this and future assemblies. | |
| XXIX. And be it further enacted, That all and every other act and acts, clause and clauses, heretofore made, as to so much thereof as is contrary to any thing within the purview of this act, be, and the same is hereby repealed. | Repealing clause. | |
| XXX. Provided always, That the execution of this act shall be, and is hereby suspended, until his majesty's approbation thereof shall be obtained. | The suspending clause. | |
| CHAP. II. | ||
| ||
| I. WHEREAS the warehouses erected for the reception of tobacco at Occoquan, in the county of Fairfax, and at Yeocomico, in the county of Westmoreland, are in a ruinous condition, and inconveniently situated, and it is represented to this present general-assembly that it would be more advantageous to trade, and convenient to the inhabitants of the said counties, | Warehouses at Occoquan, and Yeocomico, discontinued and new ones established at Colchester and the new landing. |
| if the said warehouses were discontinued, and new warehouses erected at the town of Colchester, in the said county of Fairfax, and at the new landing, on the land of Jeremiah Garland Bailey, in the said county of Westmoreland; and whereas it is also represented that a new inspection is necessary to be established at Bolingbroke, on the land of Robert Bolling, gentleman, between the towns of Blandford and Petersburg: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, that from and after the tenth day of March next the warehouses at Occoquan and Yeocomico aforesaid shall be discontinued, and new warehouses erected on the lots No. forty two, six and twenty-nine, the property of Benjamin Grayson, gentleman, in the said town of Colchester, and at the new-landing, on the land of Jeremiah Garland Bailey, in the county of Westmoreland, and also that a new warehouse shall be erected at Bolingbroke, on the lands of the said Robert Bolling. | Bollingbroke warehouses in Petersburg established. |
| II. And be it further enacted, by the authority aforesaid, That it shall and may be lawful to and for the courts of the respective counties of Fairfax and Westmoreland to order and direct the several proprietors of the lands on which new warehouses are by this act directed to be built, at the new-landing, on the land of Jeremiah Garland Bailey, and Colchester, to erect, build, and completely finish, by or before the said tenth day of March next, such and so many strong, close, and substantial houses, as shall be sufficient, in their opinions, conveniently to contain one half of the quantity of tobacco mentioned in the accounts of the respective inspectors at Occoquan and Yeocomico this present year, and also for the court of the said county of Dinwiddie; to order such houses to be built by the proprietor at Bolingbroke, sufficient to contain at least one thousand hogsheads of tobacco, and to secure the said houses in the manner directed by one act of assembly made in the first year of the reign of his present majesty, entitled, An act for amending and further continuing the several acts of assembly of this colony for amending the staple of tobacco, and preventing frauds in his majesty's customs; and the said courts shall also take bonds, with sufficient securities, in reasonable |
| penalties, payable to his majesty, his heirs and successours, with conditions for the due performance of such buildings. | |
| III. And be it further enacted, That there shall be paid and allowed to the respective proprietors of the said warehouse, for the rents thereof, eight pence per hogshead for every hogshead of Tobacco that shall be received, inspected, and delivered out of such warehouses, respectively; and that there shall be paid to the several inspectors appointed to attend, and attending accordingly the several warehouses, the salaries herein after-mentioned, that is to say: to each of the inspectors at Colchester, forty pounds; at Quantico, sixty pounds; at Bolingbroke, fifty pounds. | Rents of warehouses. |
| IV. And for the more equal settlement of the salaries of the several inspectors, at the warehouses hereafter-mentioned: Be it further enacted by the authority aforesaid, that the same be established for every inspector according to the following rates, that is to say: to each of the inspectors at Shocoe's, sixty pounds; at Byrd's, sixty pounds; at the Brick-House, thirty pounds; at Littlepage's, thirty pounds; at Hunting-creek, forty pounds; at Royston's, sixty pounds; at Fredericksburg, sixty pounds; at Blandford, fifty pounds; at Constance's, forty pounds; at the New-landing, on Yeocomico, and Rurst's forty pounds; at Mattox and Machotax, forty pounds; at Page's and Crutchfield's, sixty pounds; at Gray's-creek, thirty-five pounds; at John Bolling's, forty-five pounds; at Rocky-ridge, seventy pounds; at Osborne's, seventy pounds; at Wicocomico, forty pounds; at Meriwether's, forty-five pounds; at Warwick, in the county of Chesterfield, sixty pounds; at Acquia, forty pounds; at Falmouth, fifty pounds; and at Dixon's, fifty pounds. | Salaries at certain warehouses altered. |
| V. And whereas the time now by law appointed for the attendance of inspectors, at the warehouses under their charge, has been found inconvenient to the publick: Be it further enacted by the authority aforesaid, that all inspectors shall constantly attend their respective warehouses from the first day of October to the tenth day of august, yearly (except Sundays, and the holidays usually observed at Christmas, Easter and Whitsuntide, or when hindered by sickness) and afterwards they, or one of them, shall constantly attend at the same (except Sundays) to deliver out tobacco | Inspectors when to attend at warehouses. |
| for exportation, until, all the tobacco remaining there on the tenth day of August shall be delivered; and every inspector neglecting to attend as aforesaid shall forfeit and pay to the party aggrieved twenty shillings for every neglect, or shall be liable to the action on the case of the said party aggrieved, to recover all such damages which he or she shall have sustained by occasion of any such neglect, together with his or her full costs, at the election of such party. | |
| VI. And be it further enacted by the authority aforesaid, That all such inspectors shall, at the court held for their county, in the month of September yearly, or if there be no court in that month, then at the next court held for their county, lay before the court an account, upon oath, of all the transfer notes that were not by them taken in and received before the said first day of September; and thereupon the like proceedings shall be pursued, for the disposing of such tobacco, as are prescribed, directed and appointed, in and by the said act for amending the staple of tobacco, and preventing frauds in his majesty's customs. | When to account for transfer. |
| VII. And be it farther enacted, That the notes of the several warehouses hereafter-mentioned shall pass in payment of all levies, quitrents and officers fees, payable in the counties following, that is to say: of the warehouses at Shocoe's, Byrd's, Rocky-ridge, Crutchfield's, Page's and Meriwether's, in the county of Amherst; and Shocoe's, Byrd's, Rocky-ridge and Warwick, in the county of Buckingham; at Rocky-ridge, Warwick, Osborne's, Bermuda-Hundred, Bollingbroke, John Bolling's, Robert Bolling's & Blandford, in the county of Amelia; at Jordan's in the county of Dinwiddie. | Currency of certain notes |
| VIII. And be it further enacted, That the notes at Bollingbroke shall pass in all the counties where the notes of Robert Bolling's Warehouses are payable, and the notes of Byrd's and Shocoe's shall also pass in Louisa county, and at Colchester, in the counties of Prince-William and Fauquier. | |
| IX. And be it further enacted, That the said last mentioned act, together with the several other acts of assembly of this colony for amending the same, except so much thereof as comes within the pruview of this act, shall continue, and be in force, from and after | Continuance of acts. |
| the expiration thereof, for and during the term of two years, and from thence to the end of the next session of assembly. | ||
| CHAP. III. | ||
| ||
| I. WHEREAS the act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled, An act for the better regulation and discipling the miltia, which was continued by another act made for that purpose in the thirty-second year of his late majesty's reign, will expire on the eighth day of June next, and it is necessary that the said act should be further continued, with some amendments: | Preamble. | |
| II. Be it therefore enacted, by the Lieutenant-Governour, 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 the several persons herein after-mentioned shall be, and are hereby declared, to be free and exempt from appearing or mustering either at the private or general musters of their respective counties, that is to say: All his majesty's justices of the peace within this colony, who have qualified themselves for their offices by taking the oaths by law appointed to be taken by justices of the peace, and who are really and bona fide acting justices of their respective counties (except such as now do, or hereafter shall, bear any commission as officers of the militia in their respective counties) all persons bred to and actually practising physick or surgery, and all inspectors at the publick warehouses appointed for the inspection of tobacco; and they shall not be subject or liable to any fine, forfeiture or penalty, for absenting themselves from the same. | Exemptions. | |
 Page 537 follows Page 534. |
| III. Provided always, That the persons so exempted from mustering shall provide complete sets of arms, as are by the said act required for soldiers, for the use of the county, city or borough, wherein they shall respectively reside; and if they shall fail or refuse so to do, within one year after the passing of this act, then it shall and may be lawful for the courts of the several counties, city or borough, wherein the persons before-mentioned shall reside, and they are hereby empowered and required, to levy the value of such arms on each of them respectively. | Such exempts to find arms. |
| IV. Provided also, That nothing herein contained shall be construed to oblige any of the persons exempted from mustering as aforesaid, who have already provided arms for the use of the county, city or borough, wherein they reside, according to the directions of the said act. | Not to extend to former exempts. |
| V. And be it further enacted, by the authority aforesaid, That every person so exempted shall always keep in his house or place of abode such arms, accoutrements, and ammunition, as are by the said act required to be kept by the militia of this colony; and if he shall fail or refuse so to do he shall forfeit and pay the sum of five pounds, to be levied and assessed on him in the manner as the several fines and forfeitures inflicted by the said act are directed to be levied and assessed: And such exempts shall also, in case of any invasion or insurrection, appear with their arms and ammunition at such place as shall be appointed by the commanding officer of the militia of their respective counties, cities or boroughs, and shall then be incorporated with, and be subject to the same discipline, rules and orders, and also the same fines, forfeitures and penalties, for non-appearance or misbehaviour, as the other militia of this colony are subject to. | Such exempts to keep arms. |
| VI. And be it further enacted, by the authority aforesaid, That from and after the passing of this act the lieutenant, or chief commanding officer, of the militia of the several counties of this colony, and also of the city of Williamsburg and borough of Norfolk, shall cause a general muster of the several companies of their militia once only in every year, to be in the months of March or April; and that a general court-martial shall be held in the manner by the said act prescribed, on the day next following the said general muster, if fair (if not the next fair day) and if any soldier | General muster. |
| shall at any general or private muster refuse to perform the command of his officer, or behave himself refractorily or mutinously, or misbehave himself at such court-martial, he shall forfeit and pay the sum of forty shillings current money, to be applied to the same uses as the other fines and forfeitures inflicted by the said act; or it shall and may be lawful to and for the chief commanding officer then present to cause such offender to be tied, neck and heels, for any time not exceeding five minutes, and shall not inflict any other corporal punishment. | |
| VII. And whereas it hath been doubted whether the sheriffs of York and James City are by law obliged to obey the orders of the courts-martial of the said city of Williamsburg, in receiving or collecting the fines to which the inhabitants of the said city may be subject, by virtue of the said act: Be it therefore enacted, by the authority aforesaid, that from & after the passing of this act it shall and may be lawful to and for the courts-martial to beheld in pursuance of the said act to order and direct either the sergeant of the said city, or the sheriffs of the said counties of York and James-City, to receive and collect all such fines as shall be inflicted and ordered to be levied by them on such of the inhabitants of the said city as shall reside in their respective precincts; and thereupon the said serjeant or sheriff, respectively, shall proceed in the same manner to collect such fines, and shall be accountable for them to the courts-martial of the said city, and shall be subject and liable to the same prosecution, in case of their failing, neglecting or refusing, to collect the said fines, as are prescribed, directed and appointed, in the like cases, for the counties of this colony. | Williamsburg. |
| IX. And be it further enacted, by the authority aforesaid, That this act, together with the said recited act, except so much thereof as comes within the purview of this act, shall continue and be in force from and after the said eighth day of June next, for and during the term of four years, and from thence to the end of the next session of assembly. | Continuance. |
| Pages 401−516
| Pages 539-563
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