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| CHAP. XXVII.*
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| An
| act for continuing and amending an act, intituled, An act for
amending the staple of tobacco, and for preventing frauds in his majesty's customs.
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| I. WHEREAS the act passed in the
fifth year of his present majesty's reign, intituled, An act for amending the staple of
tobacco, and for preventing frauds in his majesty's customs, will expire on the first day of
October next; and it is neceesary and expedient that the said act should be continued with
amendments: Be it therefore enacted by the Lieutenant-Governor, Council, and Burgesses, of
this present General Assembly, and it is hereby enacted by the authority of the same, That
from and after the first day of October next, it shall and may be lawful for the proprietors of
the public warehouses, or any other person or persons, by and with the consent of the said
proprietors at any of the said places by the said recited act established for the reception of
tobacco, to erect and build such and so many substantial houses as shall be sufficient for the
reception of all tobacco, which the owners of the same, after the inspection thereof, shall think
fit to remove from any public warehouses to the houses so as aforesaid to be built.
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Additional houses may be built at warehouses.
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| II. And be it further enacted, That the inspectors at any
public warehouse, before they deliver any tobacco thereat inspected, to be removed as aforesaid
by order of the owner or owners of the same, shall make out a manifest, expressing the marks and
numbers of every hogshead, and the tare and nett weight thereof, and to what warehouse the same
was removed by order of the owner or owners thereof, which manifest shall be delivered by the
skipper carrying the tobacco to the inspectors of the warehouses to which such tobacco shall be
removed.
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Inspectors to make out a manifest of tobaccoes removed.
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| III. And be it enacted by the authority aforesaid, That
the inspectors to whom such tobacco shall be
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And to keep a book &c.
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* In the original, between Chap. XXVI. and
XXVII. the caption of the session is again introduced, as ante page 189; but the paging and
numbers of the chapters are continued progressively.
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| delivered, shall receive the same into the warehouses so to be erected for its
reception, and shall enter in a book, to be kept for that purpose, the marks, numbers, gross,
nett weight, and tare, of all tobacco so received as aforesaid, and in what ship or vessel the
same shall be laden or put on board; and shall also, with every sloop or vessel loaded with such
tobacco, send a list of the marks, numbers, gross, nett weight, and tare, of every hogshead of
tobacco then delivered; and shall moreover, express in such list, that the said tobacco is
re-landed tobacco, and the name of the warehouse from whence the same was brought.
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| IV. Provided always, That the skipper of every vessel
receiving on board any tobacco so as aforesaid to be removed from one public warehouse to
another, shall take the following oath: I do swear, that I will faithfully, to the best of my
power, deliver the tobacco by me taken on board from
warehouse to the inspectors at
; which oath any
inspector is hereby impowered to administer.
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The oath of the skipper receiving such tobacco.
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| V. And be it further enacted, by the authority aforesaid,
That the inspectors receiving such re-landed tobacco, shall, for their trouble, be paid by the
owner or owners of the same, six-pence current money, and no more, for every hogshead of tobacco
so as aforesaid received and delivered.
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Inspectors for re-landed tobacco to receive six pence per hhd.
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| VI. And be it further enacted, by the authority aforesaid,
That the warehouses at Nomony on both sides the river, and the warehouse at Stratford landing on
Potowmack river, both in the county of Westmoreland, shall, after the passing of this act, be
under one inspection, and that each of the inspectors thereat shall receive forty pounds a year
salary.
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Nomony and Stratford warehouses to be under one inspection, and
the salary of inspectors.
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| VII. And be it further enacted, by the authority aforesaid,
That from and after the twentieth day of October next, the inspectors at Noble's warehouse
in Prince-George county; shall receive a salary of thirty pounds current money each, and the
inspectors at Milner's warehouse a salary of forty pounds each, and no more.
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Salary of inspectors at Noble's.
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| VIII. And, for the more effectual prevention of frauds in
shipping uninspected tobacco, and in the not regularly entering and reporting at the
naval-offices, tobaccoes shipped from the warehouses, be it further enacted, That the
several inspectors of tobacco in this colony shall annually, at the time of settling their
accounts with
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Duty of inspectors.
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| the treasurer, deliver to him an account upon oath of all the tobacco shipped from their
respective warehouses within the year preceeding, containing the number of hogsheads sent on
board each ship or vessel respectively; and every inspector failing herein, shall forfeit and pay
the sum of twenty pounds. And that the several naval-officers shall on, or before the
twenty-fifth day of October annually, return to the said treasurer an account upon oath of all
the tobacco on board each ship or vessel which shall have been cleared out in such
naval-officer's district in the preceeding year, according to the manifests thereof delivered by
the master of such ship or vessel at the time of clearing, distinguishing the number of hogsheads
put on board such ship or vessel from each respective warehouse: And every naval-officer failing
herein shall forfeit and pay the sum of twenty pounds for every failure; which several penalties
shall be recovered and appropriated, as in the said recited act is directed, for the penalties
therein inflicted and not particularly appropriated.
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Naval officers duty.
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| IX. And be it further enacted by the authority aforesaid,
That where any person hath heretofore obtained a commission to be an additional inspector at any
warehouse, according to the directions of the said recited act; and upon the death or removal of
one of the inspectors at such warehouse hath through mistake entered upon the duty of a principal
inspector, without obtaining a new commission for that office, every such person shall be
indemnified in all and every thing by him done, or to be done in the execution of his office, and
shall be subject to all penalties for breach of duty, and entitled to all salaries, commissions
and advantages resulting from the said office, in the same manner (and not otherwise) as if he
had obtained a new commission at the time of his succeeding to the said office of principal
inspector, provided, that such person hath already given, or shall within six months after the
passing this act, enter into bond with good security for the due performance of his office. But
for the future no additional inspector shall enter upon, or discharge the duty of, a principal
inspector on a vacancy happening as aforesaid, until he hath obtained a new commission, given
bond with sufficient security, and taken the oath required by the said act.
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Additional inspector.
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| X. And be it further enacted by the authority aforesaid,
That if any tobacco hath remained, or shall here-
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Where tobacco is not demanded.
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| three after remain undemanded,
in a public warehouse, [three]
years after the same is inspected, the inspectors at such warehouse shall advertise in the
Virginia Gazette, a list of the marks, numbers, weights and names, of the proprietors of such
tobacco; and if no owner appears to claim the same within six months, they shall, at the next
court to be held for the county in which such warehouse shall be, after the expiration thereof,
deliver to the said court the like list; which court is hereby impowered and required to order
the same to be sold publicly at the court-house door, on a court day, to the highest bidder, and
the money arising from the sale thereof shall be paid by the inspectors to the treasurer of this
colony, for the time being, who shall account for the same from time to time to the general
assembly. And if any person having a right to any tobacco so sold, shall prove his property
therein, the said treasurer shall repay to such person the money for which such tobacco was sold.
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| XI. And be it further enacted by the authority aforesaid,
That the inspectors at the several warehouses in this colony shall publicly put up at the
court-house of their county, on the September court day in every year, a list of all tobacco that
shall remain in the warehouses at that time, expressing in such list the weights, numbers and
proprietors names of such tobacco.
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Inspectors to publish a list of tobacco remaining in warehouses.
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| XII. And be it further enacted by the authority aforesaid,
That it shall not be lawful for any person whatsoever to erect or build, or cause to be erected
or built, any wooden chimney within two hundred yards of any public warehouse in this colony; and
where any wooden chimnies are already built within the distance aforesaid from any public
warehouse, the owner or proprietor of the said chimnies shall pull down the same, or on refusal
or neglect so to do, in three months after the passing of this act, it shall and may be lawful
for the sheriff of the county, and he is hereby required to cause such chimnies to be pulled down
and demolished.
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Wooden chimnies prohibited near warehouses.
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| XIII. And be it further enacted by the authority aforesaid,
That no picker shall demand or receive more than eight pounds of tobacco for every hundred,
and so in proportion for a greater or smaller quantity, which he shall pick out of any hogshead
or parcel of refused tobacco, and which shall be afterwards passed by the inspectors: And no
picker shall hereafter presume to make use of the prizes erected at the public warehouses.
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Pickers.
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| for the use of the public, by the proprietor or the county; and every picker in either
case offending, upon complaint made to the court of the county where such offence shall be
committed, and being thereof convicted, shall be immediately removed, and shall be for ever
rendered incapable of serving as a picker at any of the warehouses in this colony.
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| XIV. And be it further enacted, That any person who shall
be aggrieved by any such misbehaviour in a picker, may make complaint thereof to any justice of
the peace, who is hereby directed and impowered to take depositions thereon, and to transmit the
same to the next court to be held for the county where the offence shall be committed, to be
there given in evidence; and such court shall proceed to hear and determine the same, provided
such picker shall have ten days notice thereof.
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Proceedings against pickers.
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| XV. And whereas some disputes have arisen on the tender of
transfer receipts after the tobacco for which such receipts were given had been sold by the
inspectors, agreeable to the act in that case made and provided, be it enacted by the
authority aforesaid, That no tender of any transfer receipts, after the time the tobacco has
been sold by the inspectors, shall be adjudged legal.
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As to the tender of transfer receipts.
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| XVI. And be it further enacted by the authority aforesaid,
That the courts of the several counties of Surry, Prince-George, Dinwiddie, Chesterfield,
Henrico, Hanover, Spotsylvania, King George and Prince-William, respectively, shall annually, in
the month of September, or at the next succeeding court, limit and direct what number of hands
shall be kept by the inspectors, as well for the turning up, opening and securing all tobacco
brought to their warehouse to be viewed, as to discharge the other business required to be done
by such inspectors at each warehouse, within their county herein particularly mentioned, that is
to say, at Cabin Point in the county of Surry; at Blandford in the county of Prince George; at
Robert Bolling's and Bollingbroke in the county of Dinwiddie; at John Bolling's, Osborne's,
Warwick, and the Rocky-Ridge, in the county of Chesterfield; at Shockoe's and Byrd's in the
county of Henrico; at Page's, Meriwether's, and Chrutchfields, in the county of Hanover; at
Fredericksburg and Royston's in the county of Spotsylvania; at Falmouth and Dixon's in the county
of King George; and at Quantico in the county of Prince William; and
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Number of hands at warehouses.
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| the several inspectors at each of the said warehouses shall constantly keep and employ
the number of hands so limited and appointed respectively; and shall open, view and secure, all
tobacco brought to their warehouse as soon as the same can be reasonably done, under the penalty
of twenty-five shillings for every neglect; to be recovered with costs before any justice of the
peace in the county where the offence shall be committed; and such inspectors shall be
respectively be allowed by the treasurer in their accounts, the sum of fifteen pounds annually
for each hand so limited and by them employed, above the number of two.
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| XVII. And be it further enacted by the authority aforesaid,
That for every hogshead of tobacco delivered by the inspectors in lieu of transfer receipts,
the person receiving the same shall pay to the said inspectors five shillings and six-pence for
the inspection and nails, and no more, to be paid as in the said act is directed.
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What is to be paid to the inspectors on delivering hogsheads of
tobacco in lieu of transfer receipts.
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| XVIII. And be it further enacted by the authority aforesaid,
That the said recited act, and every clause and article therein, except as to so much
thereof as is contrary to this act, together with several clauses herein contained, shall
continue and be in force from and after the said first day of October next, for and during the
term of two years and no longer.
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Continuance.
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CHAP. XXVIII.
An Act for laying an additional duty upon
slaves imported into this colony.
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| I. MAY it please your most excellent majesty, we your majesty's
most dutiful and loyal subjects the representatives of your people in your colony and dominion of
Virginia, now met in general assembly, taking, into our serious consideration the exigences of
your government here, do humbly represent to your majesty that no other duty can be laid upon our
import or export without oppressing your subjects, than an additional duty upon slaves imported
or brought
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Additional duty upon slaves.
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| into this colony, to be paid by the buyers, agreeable to your royal instructions to your
lieutenant-governor: We therefore humbly beseech your majesty that it may been acted: 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 from and after the passing of
this act there shall be levied and paid to our sovereign lord the king, his heirs and successors,
for all slaves imported or brought into this colony for sale, either by land or water from any
port or place whatsoever, by the buyer or purchaser, after the rate of ten per centum on the
amount of each respective purchase over and above the several duties already laid upon slaves
imported or brought into this colony as aforesaid, by any act or acts of assembly now subsisting
in this colony; which said additional duty shall be paid, collected and accounted for, in such
manner and form, and according to such rules, and under such penalties and forfeitures as are
mentioned, prescribed and appointed, for the paying, collecting and accounting for the duties
already imposed upon slaves imported or brought into the said colony by the several acts of
assembly now in force.
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| II. And be it further enacted, That the said duty is
hereby appropriated, and shall be applied for the lessening the levy by the poll, and to and for
such other use and uses as the general assembly from time to time shall direct and appoint.
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| III. And be it further enacted, by the authority aforesaid,
That the execution of this act shall be suspended until his majesty's approbation thereof
shall be obtained, and that from and after obtaining the same, this act shall continue and be in
force for and during the term of seven years, and no longer.
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| CHAP. XXIX.
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| An
| act for applying to the aid of the public fund, the surplus
of the money which shall remain in the hands of the treasurer, after paying the expences of the
militia, according to the directions of an act passed in the last session of assembly for raising
a public levy, and for other purposes therein mentioned.
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| I. WHEREAS by one act of the general assembly passed in the fourth year of his present majesty's reign, for
raising a public levy, and for other purposes therein mentioned, large quantities of tobacco were
levied upon the inhabitants of this colony, as depositums in the hands of the sheriffs of the
several counties, to be by them sold and accounted for to the treasurer of this colony, for
defraying the expences of the militia drawn out into actual service, for the defence and
protection of the frontiers.
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Preamble.
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| II. And whereas upon settling the accounts of the said
militia, it appears there will be a large balance unappropriated, remaining in the hands of the
treasurer, of the money arising by the sales of the said tobacco, after the said expences of the
militia are discharged, 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 treasurer of this colony shall, and he is hereby required to apply all the
monies arising on the said balance after the expences of the militia as aforesaid are defrayed,
in aid of the fund established for defraying the public charges of this dominion. And whereas by
one other act made in the fourth year of his present majesty's
reign, for amending the above recited act, it was among other things enacted, that the
several sheriffs or collectors should pay the several sums of money by them to be received, in
pursuance to the said act, to the treasurer on or before the tenth day of October then next, or
judgment should be given in the general court against such sheriff or collector, and their
securities, his
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Surplus of money after paying expenses of militia, drawn out
into actual service, applied to aid the general fund.
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| or their executors or administrators, the twelfth day of the said month, without further
notice, for the money so received, in case an account of such money should be rendered, but if no
such account should be rendered, then for the penalty of the bond given by such sheriff or
collector.
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| III. And, whereas on settling the public accounts there
appear to be large quantities of tobacco and sums of money due from several of the collectors,
and many of the purchasers of the public tobacco, sold in pursuance of the said act, for which
judgments have not yet been obtained, be it therefore enacted by the authority aforesaid,
That it shall and may be lawful for the general court, upon a motion to them made by the
said treasurer, on ten days notice, to give judgment against every such purchaser, sheriff or
collector, his or their securities, heirs, executors or administrators respectively, on their
respective bonds, with full costs. And if execution shall issue on any such judgment, the sheriff
or officer serving the same, shall not take any sureties for payment of the money or tobacco at a
further day, but shall levy the same immediately; And for the better direction of such sheriff or
officer, the clerks shall indorse upon the back of every such execution, that no security is to
be taken.
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Public debtors, summary remedy against.
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CHAP. XXX.
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| An
| act for the punishment of persons who shall aid or assist or
attempt to escape out of prison.
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| I. FOR the punishment of persons who shall aid or assist prisoners
for debt to escape or attempt to escape out of lawful custody; Be it enacted, by the
Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby
enacted, by the authority of the same, That from and after the passing of this act, if any
person shall aid or assist any prisoner committed to goal for debt to escape, or shall convey or
cause to be conveyed into any goal or prison any instrument or
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Penalty for aiding prisoners, for debt, to escape.
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| arms whatever, proper to facilitate the escape of any prisoner; and the same shall
deliver or cause to be delivered to any prisoner in any such goal, or to any other person there,
for the use of any such prisoner, without the consent of the keeper or under-keeper of any such
goal or prison; every such person, although no escape or attempt to escape be actually made,
shall be deemed to have aided, and to have delivered such instrument or arms, with an intent to
assist such prisoner to escape or attempt to escape. And in case the prisoner so aided as
aforesaid, or for whose use such instrument or arms shall be so delivered them, was committed or
detained upon any process whatsoever, for any debt, damage, costs, sum or sums of money, every
such person so offending, and being thereof lawfully convicted, shall be deemed and adjudged to
be guilty of a misdemeanor, and liable to a fine and imprisonment: And if the person so convicted
shall fail to make present payment of such fine, he shall, by order of the court before whom such
conviction shall be, receive on his bare back twenty-one lashes well laid on, at the publick
whipping-post.
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| II. Provided always, That there shall be no prosecution
for the said offences, unless such prosecution be commenced within one year after such offence be
com-committed
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Limitation.
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CHAP. XXXI.
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| I. WHEREAS the act of assembly made
in the thirteenth year of the reign of his late majesty king George the second, intituled,
An act for the better regulating and disciplining the militia, which was continued by two other
acts made in the thirty-second year of his late majesty's reign,
and in the third year of his present majesty's reign,
will expire on the eighth day of June next, and it is expedient that the same should be further
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[30th Geo II]
Act for better
regulating and disciplining militia, further continued, and amended.
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| continued with amendments; Be it therefore enacted by the Lieutenant-Governor,
Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the
authority of the same, That from and after the passing of this act the several persons
herein after mentioned shall be, and they 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 office 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 do now or hereafter shall bear any commission as officers of the militia in their
respective counties) all persons bred to, and actually practising physic or surgery, all the
people called Quakers, and all inspectors at the public 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 private or general musters of their respective counties.
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Justices of the peace, except officers, physicians, quakers, and inspectors
of tobacco, exempted from militia duty.
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| II. Provided always, That the persons so exempted (not
being Quakers) shall provide compleat 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 impowered and required to levy the value of
such arms on each of them respectively.
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Exempts, except quakers, to provide arms.
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| III. 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.
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Proviso.
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| IV. And be it further enacted, by the authority aforesaid,
That the lieutenant or chief commanding officer of the militia in every county shall list all
male persons of the people called Quakers, above the age of eighteen years, and under the age of
sixty years, within his county, under the command of such captain as he shall think fit; and if
upon any invasion or insurrection the militia
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Quakers to be enrolled, and on a call of the militia to furnish
a substitute.
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| of the counties to which such Quakers belong, shall be drawn out into actual service,
and any Quaker so inlisted shall refuse to serve or provide an able and sufficient substitute in
his room, if thereto required by the lieutenant or chief officer of the militia of his county, in
such case every Quaker so refusing to serve or provide a substitute as aforesaid, shall forfeit
and pay the sum of ten pounds; to be recovered before any justice of the peace of the county,
upon the compliant to such lieutenant or chief officer, and to be levied by distress and sale of
the estate of the Quaker so refusing, which sum shall be applied by the said lieutenant or chief
officer towards providing a substitute in the room of the Quaker upon whom the same shall be
levied as aforesaid.
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Penalty for neglect.
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| V. Provided always, That the number of Quakers required by
the lieutenant or chief officer of any county to serv or find substitutes as aforesaid, shall not
exceed the proportion the whole number of Quakers bear to the whole number of the other militia,
upon the muster rolls of the said county.
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Proviso.
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| VI. Provided also, and be it further enacted, by the authority
aforesaid, That no Quaker shall be exempted from appearing at musters as aforesaid, until he
shall produce, to the lieutenant or chief officer of the militia of his county, a testimonial or
certificate from the monthly meeting to which he belongs, that he is really and bona fide
one of the people called Quakers, and is acknowledged and received by them as a member of
their society; and if at any time any person calling himself a Quaker shall be excommunicated or
excluded from the said society, the monthly meeting to which such excluded person did belong,
shall, within three months after such exclusion, cause the same to be certified to the lieutenant
or chief officer of the militia of the county, and thereupon the person so excluded shall be
deprived of the exemption from appear at musters as aforesaid, and shall be subject to the fines
and penalties inflicted by the said recited act for not appearing at musters.
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Quakers to produce testimonials.
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| VII. And be it further enacted by the authority aforesaid,
That every person so exempted (not being a Quaker) 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
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Penalty on exempts, except quakers, failing to provide arms.
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| shall forfeit and pay the sum of five pounds, to be levied and assessed on him in the
same 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-appearing or misbehaviour, as the other militia of this colony
are subject to.
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| VIII. 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 shall, at any general or private
muster, refuse to perform the command of his officer, or behave himself refractorily or
mutinously, or misbehave him self 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.
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General musters, when.
Punishment
for disobedience.
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| IX. And, whereas it hath been doubted whether the sheriffs
of York and James City are by law obliged to obey the orders of the court-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 and after the passing of this act, it shall and may be lawful to and
for the court-martial, to be held 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
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Sheriff of York and James City, or sergeant of Williamsburg, to
collect fines.
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| 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 sergeant or sheriff, respectively, shall
proceed in the same manner to collect such fines, and shall be accountable for them to the
court-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 in this colony.
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| X. 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 passing of this act for
and during the term of four years, and from thence to the end of the next session of assembly.
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Continuance of act.
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CHAP. XXXII.
An act for the preservation of the breed of
cattle.
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| I. WHEREAS it is represented to this general assembly, that the
inhabitants of this colony have sustained great damage in the loss of their stocks of cattle, by
reason of distempered cattle being brought into and carried through this colony from the
provinces of North and South Carolina: for prevention whereof, Be it enacted, by the
Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby
enacted by the authority of the same, That from and after the last day of April next, and
during the continuance of this act, every person intending to drive any cattle within this colony
(except such as shall be brought from Great-Britian) shall immediately upon his arrival within
this colony apply to a justice to the peace, and deliver to him an account of the number of
cattle in his drove, and such justice shall and may, and is hereby required to administer to the
person, so applying, the following oath, to wit, I A. B. do solemnly swear, that I have
known all the cattle now by me brought into the
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Regulations for driving cattle through this colony.
Account of cattle, and oath of driver.
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| colony of Virginia, for the space of twenty days last past, and that none of them, to my
knowledge or belief, are now, or have been affected with any contagious distemper within that
time. So help me God. And thereupon such justice shall immediately issue his warrant,
directed to any two freeholders within his county, who (being first sworn diligently to enquire
into the condition and health of the said cattle) shall view the same, and make due report
thereof to the said justice as soon as may be; and if such viewers shall report that the same
are, to their belief, free from every contagious distemper, such justice shall thereupon
immediately give the driver of such cattle a certificate or bill of health for the same,
expressing therein the number of cattle, together with a description of the drivers attending
them; and if any justice shall grant a certificate or bill of health contrary to the directions
of this act, such justice shall forfeit and pay the sum of ten pounds, to be recovered by an
action of debt in any court of record within this colony, by and to the use of any person who
will sue for the same.
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Viewers appointed.
Bill of health
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| II. And, for prevention of all unnecessary delays in
obtaining proper certificates or bills of health as aforesaid, be it enacted by the
authority aforesaid, That every viewer, to whom any justice shall direct his warrant for the
purposes aforementioned, shall immediately obey the same in manner as is before directed; and
every such viewer or justice failing to comply with his or their respective duties by this act
required, shall forfeit and pay to the driver, for the use to the proprietor of the said cattle,
the sum of twenty shillings each, to be recovered and levied in the same manner as debts under
twenty-five shillings are by law now recovered and levied, and shall moreover be liable to the
action of the party aggrieved for any loss which may be sustained by reason of such neglect or
failure in their respective duties as aforesaid.
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Penalty on justice, or viewer, for neglect.
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| III. Provided always, where any such viewer shall be
rendered incapable by any legal disability, such justice on notice shall immediately direct the
said warrant to other freeholders, who shall obey the same in manner and under the like penalties
as are herein before mentioned. And every such justice or viewer, for the several duties
aforesaid, shall be entitled to receive the sum of five shilling each, to be paid to them
respectively by
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Proviso.
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| the driver before he shall obtain such certificate or bill of health as aforesaid.
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| IV. And, for the more effectual prevention of distempered
cattle being drove through this colony, be it enacted by the authority aforesaid, That
from and after the said last day of April next, and during the continuance of this act, it shall
not be lawful for any person to bring any cattle into this colony from any place whatsoever,
(except from Great-Britain) without having obtained a certificate or bill of health, according to
the directions of this act; and that every driver passing through this colony shall be obliged to
produce a certificate or bill of health to any free holder demanding to see the same; and if such
driver shall refuse to produce the same, when demanded, it shall refuse to produce the same, when
demanded, it shall be presumed that the said cattle are illegally brought into this colony, and
on information made upon oath by any freeholder of the said county, that such drivers have
refused to produce such certificate or bill of health, it shall and may be lawful for any two
justice of the peace (whereof one to be of the quorum) for the county through which such cattle
are passing, and they are hereby required to issue their warrant, directed to the sheriff,
under-sheriff or constable of the said county, to apprehend and bring the drivers of such cattle
before them, to answer the said complaint; and if such driver shall not then produce a
certificate or bill of health as aforesaid, such drivers shall forfeit and pay the sum of five
shillings for each head of cattle by them driven as aforesaid; the one half to be paid to the
informer, and the other half to be applied towards lessening the county levy; and on failure to
pay the same down, or to give good security to pay the same within three months, it shall and may
be lawful for such justices, and they are hereby required to commit such drivers to the publick
gaol of their county, there to remain till the said forfeiture is paid.
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Penalty refusing to produce bills of health.
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| V. Provided nevertheless, That it shall be lawful for such
drivers to appeal from such judgment of such two justices to the next court, to be held for the
said county, upon giving bond with good security in double the sum so recovered against them
before such two justices, to prosecute such appeal with effect, and to pay and satisfy all costs
and charges, together with the sum so recovered against them, in case such judgment of the two
justices shall not be reversed by the said county court, or by the general court in such cases
where the sum so
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Appeal allowed.
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| recovered shall amount to more than ten pounds current money.
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| VI. Be it further enacted, That after such justices shall
have proceeded to judgment in manner aforesaid, that such drivers may then apply to such
justices, or either of them, in manner as is before directed, to obtain a certificate or bill of
health for such cattle; and if upon the report of the viewers appointed for that purpose, it
shall appear that such cattle are free from all infectious disorders, such justices shall and
may, and they are hereby required to grant a certificate or bill of health in the same manner,
and under the same regulations, as if such drivers had applied for the same at their first
entrance into this colony.
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Bills of health after decision of justices.
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| VII. And whereas it may happen, that cattle which were to
all appearance free from any infectious distemper at the time of their entering into this colony,
may, notwithstanding, be infected, and the symptoms of such distemper may break out, and be
discovered after the drivers have obtained a certificate or bill of health, which would be
extremely injurious to the inhabitants of this colony, and to those of the northern provinces;
be it enacted by the authority aforesaid, That when the information shall be made upon
oath by a freeholder of any county through which such cattle shall be passing, that he hath just
cause to suspect that some of the said cattle are infected with a contagious distemper, it shall
be lawful for any two justices of the said county (whereof one shall be of the quorum) to issue
their warrant for apprehending the drivers of such cattle, to answer the said complaint is
frivolous, and without foundation, the informers shall forfeit and pay to the drivers of such
cattle for the use of the proprietors of the same, the sum of twenty-five shillings current
money, together with the costs attending such view, to be recovered and levied in the same
manner, as debts under twenty-five shillings by law are now recovered and levied. But if upon
such view, it shall appear that the said cattle are infected with any contagious distemper, then
it shall and may be lawful for such justices to order the said drivers immediately, to kill all
the cattle in such drove, to spoil their skins and bury their carcasses, at least four feet deep,
and shall adjudge such drivers to pay to the informer
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Proceedings on appearance of infection, after obtaining bill of
health.
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| former the sum of twenty-five shillings current money, notwithstanding such drivers
should have before obtained a certificate or bill of health for such cattle, and shall detain one
of the said drivers in custody till such order is complied with, and such justices shall and may,
and they are hereby required to issue their warrant to any two or more freeholders of their said
county, to see such order carried into execution; and if such driver shall not proceed to obey
the said orders within six hours, or if such drivers shall attempt to drive off the said cattle;
then it shall be lawful for the said freeholders so appointed as aforesaid, to kill such cattle,
spoil their skins, and bury their carcasses in manner as is before directed; and they shall
receive the sum of three shillings for each head of cattle so by them killed and buried as
aforesaid; to be recovered and levied of such drivers in the same manner, that debts under
twenty-five shillings are by law now recovered and levied; and in case such drivers shall escape
from justice, so that the same cannot be levied upon them, then it shall and may be lawful for
such justices, and they are hereby required to grant to such freeholders, a certificate of the
services performed by such free holders; and the justices of the said county, at the laying their
next county levy, shall levy upon the tithable inhabitants of their said county, the sum of three
shillings, or eighteen pounds of tobacco, for each head of cattle so killed and buried as
aforesaid, which shall be paid to the said freeholders who have performed the service aforesaid.
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| VIII. And, the more effectually to stop the progress of so
contagious and fatal a distemper, be it further enacted by the authority aforesaid,
That no inhabitant of this colony shall permit any infectious beast to go at large, but shall
confine the same apart from the rest of his cattle, till the same shall be perfectly recovered.
And if any such or other distempered beast shall die, the owner or overseer shall burn and bury
the carcass in manner afore-directed; and every owner or overseer permitting any such distempered
cattle to go at large after he shall know the same to be infected shall forfeit and pay the sum
of six pounds for every such beast so permitted to run at large; to be recovered by action of
debt in any court of record within this colony, by and to the use of any person that will sue for
the same; and every owner or overseer neglecting to burn and bury the carcass as afore-directed,
shall forfeit and pay the
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Infectious beasts not to go at large.
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| sum of twenty shillings for every carcass; to be recovered, levied and applied in the
manner as other small penalties inflicted by this act.
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Penalty.
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| IX. Provided always, That where the management of any
plantation shall be intrusted to the care of an overseer, he alone shall be liable for the
penalties incurred by the mismanagement of distempered cattle under his care.
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Overseers, when liable.
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| X. Provided, That nothing herein shall be construed to
extend to either of the counties of Southampton, Isle of Wight, Nansemond or Norfolk.
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Certain counties excepted from the operation of this act.
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| XI. And be it further enacted, That any justice of peace,
viewer or any other person, who shall be sued for any thing by him or them done in pursuance of
this act, may plead the general issue, and at the trial give this act in evidence.
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General issue, may be pleaded.
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| XII. And, to the end that no person may plead ignorance of
this act, be it enacted by the authority aforesaid, That a copy of this act shall be
published in the Virginia Gazette on or before the twentieth day of April next.
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Copy of act to be published in Virginia Gazette.
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CHAP. XXXIII.
An act to confirm the titles of lands claimed
by descent or purchase from aliens.
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| WHEREAS many protestants have formerly removed into this colony
from Germany and other parts of Europe, and become useful subjects to his majesty; but being
ignorant of the modes established for their naturalization, have, without procuring the same,
purchased lands, some part of which they have sold or conveyed to their children or other
relations, in their lifetime, and died seized of other part to which their heirs have succeeded:
For quieting the titles of such purchaser and heirs, 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 all and every person and persons now seized
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Titles of lands, held by descent or purchase
from aliens confirmed.
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Pages 251-271
