Pages 69-111 
|  Pages 137-163
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| Pages 69-111
| Pages 137-163
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| CHAP. XIX. | ||
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| I. WHEREAS divers frauds have been committed by ill disposed people in order to obtain a drawback of the duties imposed upon the importation of liquors, and the act of assembly made in the thirty-second year of the reign of his late majesty king George the second, entitled An act for reducing the several acts made for laying a duty upon liquors into one act, being found defective, and not to answer the purposes thereby intended: | ||
| 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 every collector of the duties upon liquors shall at the time of making up his accounts with the treasurer of this colony produce to him as a voucher such particular account of the liquors exported as the person intending to export the same is by the said recited act required to give in to the said collector, subscribed and sworn to before him; and if any such collector shall fail to produce the same to the treasurer at the time aforesaid, every such article mentioned in his accounts for which he shall so fail to produce such voucher as aforesaid shall be deducted out of his accounts by the said treasurer. | Collectors to produce vouchers for liquors exported. | |
| III. And be it further enacted, by the authority aforesaid, That no person whatsoever shall, from and after the passing this act, be entitled to the drawback of the duties upon any liquors purchased for the use of any ship or vessel whatsoever; any thing in the said recited act to the contrary, or seeming to the contrary, in any wise, notwithstanding. | No drawback on liquors purchased for use of vessel. |
| CHAP. XX. | ||
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| I. WHEREAS the act of the general assembly made in the thirty-second year of the reign of his late majesty king George the second, entitled An act for appointing an agent, and which was explained and amended by another act passed in the thirty-fourth year of his said late majesty's reign, together with another act made in the third year of his present majesty's reign, entitled An act for adding sundry persons to the committee appointed to correspond with the agent of this colony, will expire on the fourteenth day of April one thousand seven hundred and sixty-six, and it being thought necessary the at said act should be continued: | Acts for appointment of agent continued. | |
| 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 the said three recited acts of assembly 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. |
| CHAP. XXI. | ||
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| I. WHEREAS by an act of assembly made in the thirtieth year of the reign of his late majesty king George the second, entitled An act for establishing a trade with the Indians in alliance with his majesty, the sum of five thousand pounds was appropriated for carrying on the said trade for five years, but by reason of the hostilities soon after committed by the Indians the said intended trade was interrupted, and the goods imported for that purpose were, by another act made in the thirty-third year of his said late majesty's reign, directed to be sold on credit, and the money arising by such sale to be paid into the hands of the treasurer of this colony, which money still remains unpaid by the purchaser of the said goods. | Act for establishing trade with the Indians revived and amended. | |
| II. And whereas the Cherokee Indians have requested that this government would regulate the trade with them, prevent abuses therein,, and provide that they may be furnished with a sufficiency of necessary goods, by honest and sober men, at reasonable rates, the granting of which request may be not only productive of much good to those people, but tend to the safety and tranquillity of this colony, and to strengthen the peace and friendship subsisting between the said Indians and this colony, and effectually to secure their affection to the British interest. | ||
| III. And whereas the coming down of the Indians to Williamsburg on frivolous occasions hath been attended with great expense to the colony, to prevent which, and the abuses complained of, and to effectuate the good purposes |
| aforesaid, it is absolutely necessary that the Indian trade, and the power and liberty of supplying the Indians with goods, wares, and merchandises, should be put under proper regulations, in manner herein after directed: 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 the honourable Peter Randolph and William Byrd, esquires, Richard Bland, Archibald Cary, Thomas Walker, John Fleming, Thomas Tabb, and John Chiswell, gentlemen, be, and they are hereby constituted and appointed trustees and directors for the better managing and carrying on such Indian trade. And the said trustees, or any five of them, are hereby authorized and empowered to act in all things relating to the said trade, and to manage, govern, direct, and do what they shall judge necessary and expedient for the well ordering conducing, and carrying on the same; and shall, as soon as the same can be conveniently done, send to Great Britain for, or purchase, a cargo of goods, such as may best answer the wants and occasions of the Indians, and cause or procure the goods so to be sent for or purchased to be carried with all convenient speed and safety to some fortress built or to be built for the defence of the south-western frontiers of this colony, or to any Indian nation, town, or other place, they shall judge most convenient for carrying on the said trade. | |
| IV. And be it further enacted, by the authority aforesaid, That the said trustees shall contract with some factor, who shall, from the last day of August to the last day of May, constantly reside at the factory or place appointed for the sale or disposal of the said goods, to barter and dispose of the same to such Indians as shall be willing to purchase them, at such rate of advance, and under such regulations, as shall be settled and made by the said trustees from time to time; and shall receive from such Indians, in exchange for the goods so to be sold them, all skins, furs, and other valuable commodities which they may have to dispose of in this colony, or shipped to Great Britain, as they shall think best, and consigned to some merchant or merchants, in order to be disposed of there, and the money laid out in the purchase of another cargo of goods for the sues aforesaid; and in such manner shall the trustees continue and carry on the said trade, at the risk and for the profit of the |
| publick, for and during seven years from the passing of this act, and no longer. | |
| V. Provided always, and be it further enacted, That the said trustees shall not send out, or permit on suffer to be sent out, any rum, brandy, or other spiritous liquors, to be bartered or sold to such Indians by any such factor, or other persons by them employed for carrying on the said trade. | |
| VI. And be it further enacted, by the authority aforesaid, That it shall and may be lawful for the said trustees to employ one or more Indian interpreter or interpreters, and such other persons as they shall think necessary, who shall be under the direction of the factor, to reside at the said factory, for the better enabling the said factor to transact business with the Indians; and may also employ such messenger or messengers as they shall think necessary to send to any nation or tribe of Indians to notify to them the trade hereby intended to be established with them, and the expenses of such persons so employed shall be allowed the trustees in their accounts. | |
| VII. And be it further enacted, That the factor so to be employed by the said trustees, before he enters or takes upon himself the said office and employment, shall make oath before a justice of the peace of this colony faithfully to discharge his duty according to the directions of this act, and shall give bond, with good security, to the said trustees and their successours, in the penalty of double the value of the goods committed to his care and management, not to trade with the said Indians on his own or any other private account, nor suffer the same to be done by any person under his direction, except for provisions; and to render a faithful account of the sale of such goods, with the produce thereof; and in a just, fair, and mercantile method, to keep accounts of all the dealings, and transactions in the said trade; and annually to deliver a fair copy of his books of accounts to the said trustees, and settle the same with them: And the said factor, and those under his direction, shall be allowed such salary for their service as the said trustees shall think they deserve and contract with them for. And on the removal of such factor from his office, the said trustees, or any three of them, are hereby empowered to compel such factor (and in case of his death, his executors or administrators) to make up a just account of the said trade, and deliver to |
| the said trustees the goods, books, and papers, relating or belonging to the same. And that a committee, to be appointed for that purpose by the house of burgesses, shall, once in every two years at the least, inspect the accounts and proceedings of the said trustees, and report the state of the same to the general assembly. | |
| VIII. And be it further enacted, by the authority aforesaid, That if any of the said trustees shall happen to die, or refuse to act, it shall be lawful for the survivers of them to elect another fit person in the room of him so dying or refusing to act, who shall have the same power and authority to act in the trust aforesaid as if he had been particularly named in this act; and that the trustees herein named, with such as shall be so appointed, shall be called The Trustees of the Indian Factory of Virginia, and by that name and style shall have succession during the continuance of this act, and may sue and implead, be sued and impleaded, in all cases relating to the said trust, in all courts whatsoever, and generally do and execute all and every other matter and thing required to be done and performed by them in their trust aforesaid. | |
| IX. And be it further enacted, That it shall not be lawful for any other person or persons to trade with the said Indians without a license for so doing under the hand and seal of the governour or commander in chief of this colony for the time being, and also without having executed a bond, with sufficient sureties, in the penalty of five hundred pounds, with condition that he or they shall not trade contrary to the form and directions of this act, under the penalty of forfeiting the value of the goods, or the skins and furs bartered for by them, and which shall be found in the possession of such trader; neither shall any person whatsoever sell to any Indians any spiritous liquors in any place within this colony beyond the settled inhabitants, under the penalty of fifty pounds for every offence, to be recovered by action of debt or information in any court of record within this colony, one moiety whereof to the trustees aforesaid, to be applied to the use of the said Indian trade and the other moiety to him, her, or them, that shall or will inform or sue for the same. | |
| X. And be it further enacted, by the authority aforesaid, That the said trustees shall receive the money now due for the goods sold according to the directions of the aforesaid act made in the thirty third year of his said |
| late majesty's reign, and apply the same for the purposes in this act mentioned; and 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 publick money in his hands, shall, by warrant from the governour or commander in chief of this dominion, pay to the said trustees so much money as shall be necessary for the purposes aforesaid, so as the whole money so to be paid by him do not exceed two thousand five hundred pounds. | ||
| XI. And be it further enacted, That if any person whatsoever shall take upon himself to conduct or convey any Indian or Indians to Williamsburg without a license for that purpose from the governour or commander in chief of this colony for the item being, or the factor to be appointed in pursuance of this act, every person so offending shall for every offence forfeit and pay fifty pounds, to be recovered and appropriated in the same manner as the other penalties are by this act. | ||
 CHAP. XXII. | ||
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| I. WHEREAS many controversies and disputes have arisen concerning the duty of sheriffs upon prisoners in execution for debt escaping and going at large out of the prison rules, where they have obtained the liberty of the same by giving bond and security according to the directions of the laws now in force concerning the same: For settling and establishing a certain method of proceeding in such cases for the future, may it please your most excellent majesty that it may be 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 when any person in execution as aforesaid, who | Escapes from prison rules, proceedings on. |
| shall have obtained the liberty of the prison rules, by giving bond and security for the same as aforesaid, shall hereafter escape and go out of the same, the sheriff of the county where such prisoner was in custody shall, and he is hereby required, immediately to apply to a justice of the peace for an escape warrant to retake such prisoner, according to the directions of the act of assembly made in the twenty-second year of the reign of his late majesty king George the second, entitled An act prescribing the method of appointing sheriffs, and for limiting the time of their continuance in office, and directing their duty therein; and such sheriff shall, and he is hereby required, immediately to give notice thereof to the creditor at whose suit he was in custody, or to his attorney or agent, and shall assign over and deliver to such creditor, or his attorney, the bond by him taken for the liberty of the prison rules, who shall be obliged to receive the same, and thereupon it shall and may be lawful for such creditor, or his attorney, to pursue the method directed by the herein before recited act for retaking such debtor upon the escape warrant aforesaid; and if he be retaken thereupon and committed to gaol, the sureties for his keeping the prison rules shall be discharged from their bond; and such creditor, or his attorney, shall or may, at their election, commence and prosecute an account or suit at law against the security or securities named in such bond for the recovery of his debt, not withstanding he shall have applied for and obtained an escape warrant against his debtor as aforesaid, if such debtor is not retaken and committed to gaol thereupon; and the sheriff shall not be liable or answerable for the payment of the debt for which such prisoner was in custody, unless the security or securities named in the bond by him taken of such prisoner for the liberty of the prison rules shall afterwards be found to have been insufficient for the payment of such debt at the time the same was taken. | |
| II. And whereas it hath been doubted what proceedings might be had, pursued, or taken, against a coroner for neglect or breach of duty, when employed in the execution of civil process to him directed: Be it further enacted, by the authority aforesaid, That if any coroner shall hereafter fail or neglect to execute and make due return of any writ or other process to him legally issued and directed within his county, or shall make false return thereof; or shall fail or neglect to return any writ | Coroners liable as sheriffs for breach of duty. |
| of execution to the office from whence the same shall issue, at or before the day of the return thereof; or if any coroner shall make return upon any writ of fieri facias, or venditioni exponas, that he hath levied the debt, damages, and costs, as in such writ is required, or any part thereof, and shall not immediately pay the same to the party to whom the same is payable, or his attorney; or shall return upon any writ of capias ad satisfaciendum, or attachment, for not performing a decree in chancery for payment of any sum of money or tobacco, that he hath taken the body or bodies of the defendant or defendants, and hath the same ready to satisfy the money and tobacco in such writ mentioned, and shall actually have received such money or tobacco of the defendant or defendants; or have suffered him, her, or them, to escape with his consent, and shall not immediately pay such money or tobacco to the party to whom the same is payable, or his attorney, that then, or in either of the said cases, such coroner shall be subject and liable to the like penalties and forfeitures, and also to the same judgments and executions, to be recovered in the same manner as by the several acts of assembly of this colony are imposed, directed, and prescribed, against sheriffs for the like breaches or neglect of duty; any law, usage, or custom, to the contrary thereof, in any wise, notwithstanding. | |
| III. And for explaining and enlarging the power of the several county courts of this colony concerning the bounds and rules of their respective county prisons, Be it further enacted, by the authority aforesaid, That the justices of every county shall be, and they are hereby empowered and required to mark and lay out the bounds and rules of their respective county prisons, not exceeding ten, nor less than five acres of land, adjoining to such prison, which marks and bounds shall be recorded, and shall and may be altered and renewed from time to time, as occasion shall be require, or as the said justices shall think fit. | County courts authorised to lay out prison rules. |
| IV. And whereas doubts have arisen whether special bail h ave a right to surrender their principal at any time before judgment, and also in what manner they are to discharge themselves by such render after judgment, and before execution is sued out: Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for the special bail in any suit depending at the time of the commencement of this act. | Special bail may surrender principal at any time before judgment. |
| or thereafter to be brought in any court of record in this colony, to surrender the principal before the court where such suit shall be depending, at any time before judgment shall be given in such suit; and thereupon the bail shall be discharged, and the defendant or defendants shall be committed to the custody of the sheriff or gaoler attending such court, if the plaintiff or his attorney shall desire the same, or such special bail may discharge themselves by surrendering the principal to the sheriff of the county where the original writ was served: And such sheriff is hereby required to receive such defendant, and commit him or her to the common gaol of his county, and shall give a receipt for the body or bodies of such defendant or defendants, which shall be by the bail forthwith delivered to the clerk of the court where the said suit is depending; and in either case such proceedings shall be had against such defendant or defendants in custody as if he or they had been committed, or remained in custody, for want of bail. | |
| V. And be it further enacted, That where the special bail in any action or suit in which judgment hath been or shall be given are or shall be entitled to discharge themselves by surrendering the principal, it shall and may be lawful for such bail to make such surrender either before the court where judgment was obtained or to the sheriff of the county where the original writ in such suit was served, and thereupon the bail shall be discharged. | Surrender to court or sheriff. |
| VI. Provided always, and be it further enacted, That where such render after judgment shall be to the sheriff he shall receive and keep such principal in his gaol and custody, in the same manner, and subject to the like rules, as are provided for debtors committed in execution during the space of twenty days, unless the creditor, his attorney, or agent, shall sooner consent to his or her discharge. And such sheriff shall give a receipt for the body of such debtor to the bail, who shall give immediate notice thereof to the creditor, his attorney or agent. And if within the said twenty days such creditor or creditors shall not charge the debtor in execution, he or she shall be forthwith discharged out of custody; but the plaintiff or plaintiffs may nevertheless afterwards sue out execution either against the body or estate of such debtor. | On surrender to sheriff how the principal to be kept. |
| VII. And be it further enacted, That when any slaves shall be taken in execution and sold, the names of such | Names of slaves taken in execution. |
| slaves shall be certified on the back of such execution, and shall be returned to and recorded to and recorded among the records of the court where such execution shall issue. | |
| VIII. And whereas some doubts and disputes have arisen whether the sheriffs are entitled to any and what commissions upon the amount of debts due from persons either committed to their custody in court or taken upon executions, and who have afterwards taken the benefit of the act of assembly made for the relief of insolvent debtors, and been discharged as such, or who having remained in prison twenty days are discharged by the sheriff for want of security for the prison fees: for settling and putting a stop to any further disputes thereon, Be it further enacted, by the authority aforesaid, That from and after the passing of this act it shall not be lawful for the sheriffs or other officers to demand, receive, or take, of or from any creditor or suitor, at whose suit or instance any debtor shall be committed to his custody by the court, or shall be taken in execution, and shall afterwards be discharged by taking the oath of an insolvent debtor, or for want of security for the prison fees, any commissions upon the amount of the debt for which such insolvent was in custody as aforesaid, except on the amount of the effects mentioned in the schedule delivered in by such debtor, nor any other fees or perquisites than such as are already allowed by law upon the commitment, releasement, and for the maintenance of such debtor. | Sheriffs not entitled to commissions, where defendant is discharged as an insolvent. |
| IX. And whereas it is represented that some sheriffs have demanded commissions upon the amount of the penalties of bonds, or other writings, on which judgments have been obtained and executions issued, which is altogether unreasonable and unjust: Be it further enacted, That it shall not hereafter be lawful for the sheriffs, or other officers, to demand, receive, or take, any such commissions upon the penalties mentioned or expressed in executions delivered to them to be executed, but upon the sum only, by the payment of which such execution is directed to be discharged, from the person against whom such executions shall be issued, any former custom or usage to the coronary thereof in any wise notwithstanding. | Sheriffs not to take commissions on penalties of bonds, &c. |
| X. And whereas it has sometimes happened that poor insolvent debtors have been a long time confined in gaol for want of knowing to whom to give notice of their intention to take the benefit of the act for relief of | Notice by insolvent debtors, how given. |
| such insolvents, where the party at whose suit such debtor was in execution did not reside in this colony, nor had any known agent or attorney here to whom he could give such notice, which by the laws in force in such cases is required to be given, which long confinements have also happened in cases where debtors have remained in prison twenty days, and the sheriffs or gaolers have not known to whom to give notice thereof, or of whom to demand security for their prison fees after the expiration of the twenty day: For the further relief therefore of such insolvent debtors, Be it enacted, by the authority aforesaid, That when the party at whose suit or instance any such debtor shall be confined in execution does not reside in this colony, nor hath any known agent or attorney here, it shall and may be lawful and sufficient for such insolvent debtor to give notice of such his intention to take the benefit of the said act for relief of insolvents to the attorney at law who prosecuted the suit against him; and also where the debtor shall have remained in execution for the space of twenty days, it shall be lawful and sufficient for the sheriff or gaoler, in the like cases, to give notice thereof to the attorney who prosecuted the cases, to give notice thereof to the attorney who prosecuted the suit, and to demand security of him for the prison fees that shall accrue after the expiration of the twenty days; and if he shall fail or refuse to give such security, then to discharge such debtor out of custody. | |
| XI. And be it further enacted, That the clerk of every county court shall enter in a docket, or book by him to be kept for that purpose, a list of all executions by him issued, the name to the person to whom delivered, and what return is made thereon, in case the same be returned, and shall constantly carry the said book to his county court. | Clerks of county courts to keep execution books, and carry them to court. |
| XII. 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. |
| CHAP. XXIII. | ||
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| I. WHEREAS several companies of the militia of this colony have been drawn out into actual service, by command of his honour the governour, for the defence and protection of the frontiers against the incursions and depredations of the Indians, and there is now due on such account several sums of money, as well for the arrears of the pay of such militia, as for provisions, arms, and other necessaries furnished for them by several persons, an account of some part whereof is hereunto annexed; and sundry other accounts for the like services cannot now be settled by this general assembly, for want of proper vouchers, and it will be a great saving to the colony, as well as ease to the several claimants, to have the accounts of their pay, and the provisions, arms, ammunition, and other necessaries furnished for them, adjusted by commissioners in the country: 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 Archibald Cary, Thomas Walker, John Fleming, William Cabell, George Carrington, Thomas Lewis, and Peter Hog, gentlemen, be, and they are hereby appointed commissioners for the counties of Augusta, Bedford, Halifax, and Amherst; and James Hamilton, Richard Lee, Thomas Rutherford, Thomas Marshal, William Green, and James Wood, gentlemen, for the counties of Frederick, Hampshire, Culpeper, Loudoun, Fauquier, and Prince William; to examine, state, and settle the accounts of such pay, provision, arms (whether belonging to the county or to private persons) ammunition, and other necessaries for the militia of the counties for which they are appointed commissioners, and all arrears whatsoever relating to the militia; and the said commissioners, and all arrears whatsoever relating to the militia; and the said commissioners, or any three of them, shall, and they are hereby empowered and required to meet for | Commissioners appointed to state and settle accounts of militia lately in actual service. |
| the purposes aforesaid at such times and places as they shall respectively think fit and convenient, of which time and place publick notice shall be advertised at the court-house of each respective county at least one month before such meeting, and to adjourn from time to time until they shall have settled all the accounts of the said militia, and arrears of such as aforesaid, and shall have power to call all persons concerned tin settling the said accounts before them, and to administer an oath or oaths to any person or persons for their better information in the premises. And that the said commissioners, or any two of them, shall certify the said accounts so by them examined, stated, and settled, to the governour or commander in chief for the time being, who is hereby desired to issue his warrant to the treasurer of this colony from time to time for the payment thereof; and the said treasurer shall, on the first day of November next, pay the several accounts stated in the schedule hereto annexed out of the money in his hands, for bills of exchange drawn or to be drawn on the agent of this colony in Great Britain, in pursuance of an act of assembly made in the thirty-fourth year of the reign of his late majesty king George the second, entitled An act for appointing persons to receive the money granted by the parliament of Great Britain to his majesty for the use of this colony. And the accounts so examined, stated, and settled by the said commissioners, and certified by the governour according to the directions of this act, shall be paid by the said treasurer out of the residue of the said money, as far as it will go, after paying the several accounts in the schedule mentioned, and the balance out of the money that shall come to his hands by virtue of two acts of this present session of assembly, the one For raising a Public Levy, and for other purposes therein mentioned, and the other To empower the treasurer to receive the money due from the province of Pennsylvania to this colony. | |
| II. And whereas the arms, ammunition, provisions, and necessaries purchased at the publick expense, and now on hand, ought to be sold for the publick benefit: Be it enacted, by the authority aforesaid, That the commanding officer of each of the counties from which the militia has been sent into service in the pay of this colony shall, within the space of three months after the passing this act, sell, for the best price that may be had | Arms, &c. how collected and disposed of |
| for the same, all arms, ammunition, provisions, and necessaries purchased at the publick expense in the said counties, and pay the money arising from such sale to the treasurer of this colony for the time being, for the use of the publick. And if any person or persons who have any arms, or other things hereby directed to be sold, in their possession belonging to the publick, shall delay or refuse to deliver them up to the commanding officer of the county in which such person or persons reside, he, she, or they, so delaying or refusing shall for every offence forfeit and pay the sum of ten pounds; to be recovered, with costs, by the informer, in any court of record in this dominion, where the same shall be cognizable. | |||||
| III. And be it further enacted, by the authority aforesaid, That the said commissioners shall also settle and allow any claims that shall be produced to them for provisions furnished the volunteers and captives on their return from Pittsburg to this colony. | |||||
| SCHEDULE to which this Bill refers. AUGUSTA. | |||||
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| HALIFAX | |||||
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| HALIFAX−−continued. | |||||||||||||||
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| CHAP. XXIV. | |||||||||||||||||||||||||
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| I. WHEREAS it is represented to this present General Assembly that divers ill disposed persons have of late years been guilty of selling and disposing of mulattoes and others as slaves, who by the laws of this colony are subject to a service only of thirty one years, after which they become free: 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 if any person or persons shall hereafter sell as a slave within this colony, or carry or cause to be carried out thereof and sell as a slave, any such mulatto, or other servant, knowing him or her so to be, every such offender shall forfeit and pay the sum of fifty pounds to the purchaser of such servant or servants, over and above the money actually aid by such purchaser for the same; and moreover such offender shall be liable to the penalty of twenty pounds to any person who will inform or sue for the same, and may be | Penalty for selling as slaves, persons bound for a limited time of service. | ||||||||||||||||||||||||
| recovered, with costs, by action of debt or information, in any court of record within this colony. And if any person shall be a second time convicted of selling the same servant as a slave, he, she, or they, so offending, shall forfeit the residue of the time of service due from such service, who shall thereupon be bound out, by order of the court of the county where the matter shall be tried, to serve to the age of twenty one years, in the same manner as is by law directed for the binding out orphan children; but if such servant shall at the time of such trial have attained the age of twenty one years, he shall be, and he is hereby declared to be free. | |
| II. And be it further enacted, by the authority aforesaid, That if any offender against this act shall not have sufficient estate or effects to pay the fines and forfeitures hereby imposed, upon certificate thereof from the sheriff of the county where the offender resides, or other due proof made to the court of the county where the judgment shall have been obtained for such fine or forfeiture, such offender shall in that case, by order of such court, be obliged to serve the person to whom such servant was sold as a slave the full time of service that would have been due by law from such servant. | Offender liable to service if unable to pay the fine. |
| III. And whereas by one act of assembly made in the twenty-seventh year of the reign of his late majesty, entitled An act for the better government of servants and slaves, it is amongst other things enacted that if any woman servant shall have a bastard child by a negro or mulatto, or if any free christian white woman shall have such bastard child by a negro or mulatto, in both cases, besides the punishment inflicted on the mother of such bastard, the church-wardens shall bind the said child to be a servant until it shall be thirty-one years of age, which is an unreasonable severity towards such children: And be it further enacted, by the authority aforesaid, That from and after the passing of this act the church-wardens shall bind out such bastard children already born, either of white women servants or of free christian white women, to serve, the males to the age of twenty-one years, and the females to the age of eighteen years only, and no longer; any thing in the said in part recited act to the contrary thereof, in any wise, notwithstanding. | Bastards of women servants, or free white women, by negroes or mulattoes, how long to serve. |
| IV. And be it further enacted, That the children hereafter to be born of mulatto women during the time of their service, who are obliged by law to serve to the age of thirty-one years, shall serve the master or mistress of such mulatto woman, the males to the age of twenty one, and the females to the age of eighteen years only, and no longer; any former law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | Children of mulatto women born during their service how long to serve. | |
| V. And be it further enacted, that so much of the said in part recited act as is repugnant to this act shall be, and the same is hereby repealed. | ||
| 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. | ||
| CHAP. XXV. | ||
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| I. WHEREAS the method for apprehending runaway servants and slaves, and conveying them to their owners, as directed by the act of assembly made in the twenty-seventh year of the reign of his late majesty king George the second, entitled An act for the better government of servants and slaves, hath been found not only very inconvenient to the owners of such servants and slaves, burthensome to the constables, and is also attended with great trouble and expense in settling the publick claims of the colony: 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 the commencement of this act the taker up of every such runaway servant or slave, who shall discover the name of his or her master or owner, shall immediately carry such servant or slave before a justice of peace of the county where such servant or slave shall be taken up to be examined; and if thereupon, and upon the oath of the taker up, such servant or slave appears to be a runaway, | Preamble. Runaway servants and slaves how apprehended. |
| away, the justice shall grant the taker up a certificate of his having made such oath, reciting his or her proper name and surname, the county of his or her residence, the name of the runaway, the proper name and surname of his or her owner, and the county where he or she resides, the time and place when and where the runaway was taken up, and the distance of miles in the judgment of the justice from the place of residence of the owner, or from the house or quarter where the runaway was usually kept: And thereupon the taker up shall immediately carry such runaway to his or her owner, or cause the same to be delivered to the owner or overseer at the plantation from whence such runaway came, or was usually kept; and upon delivery of such runaway, and producing the certificate from the justice as aforesaid, the taker up shall be entitled to a reward of five shillings for taking up, and four pence for every mile mentioned in such certificate, to be paid by the owner thereof. And upon such owner's neglecting or refusing to pay the said reward, the taker up may sue for and recover the same, with costs, either by warrant, before a single justice, where the reward shall not exceed twenty-five shillings, or where the reward shall exceed that sum, then by a petition, or other action or suit, as the case may require, in any court of record within this colony. | Rewards. How recoverable. |
| II. And be it further enacted, by the authority aforesaid, that where such runaway servant or slave cannot or will not declare the name of his or her owner, the same proceedings shall be pursued as are directed by the before recited act of assembly. | Where the owner is not known. |
| III. And whereas by the first clause of the said act it is enacted that all servants (except convicts) imported into this colony without indenture, if they be christians, of christian parentage, and above nineteen years of age, shall serve but five years, and if they be under nineteen until they become twenty-four years of age, and no longer, but that every such servant under nineteen shall be brought within six months after his or her importation before the court of the county where the master lives, and his or her age adjudged by the court; otherwise shall be a servant no longer than the accustomed five years, although under the age of nineteen, and that the age of such servant so adjudged and recorded shall be accounted hi or her true age in respect to the time of service: Be it further enacted, by the authority | Part of former act repealed. |
| aforesaid, that the said clause, and every thing therein contained, and so much of the said recited act concerning the apprehending and conveying such runaway servants and slaves, and paying for the same, as is contrary to this act, shall be, and the same is hereby repealed and declared null and void. | Servants imported without indentures, how long to serve. |
| IV. 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. |
| Pages 69-111
| Pages 137-163
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