Hening's Statutes at Large

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ANNO REGNI

GEORGII III.

Regis Magnæ Britanniæ, Franciæ, et
Hiberniæ, octavo.

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At a General Assembly, begun and held at the Capitol in
the City of Williamsburg, the sixth day of November
Anno Domini 1766 in the seventh year of the reign
of our sovereign lord George III. by the grace of God,
of Great-Britain, France, and Ireland, king, defender
of the faith, &c. and from thence continued by several
prorogations to Thursday the thirty-first day of
March, 1768; being the second session of this present
General Assembly.

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CHAP. I.

An act to repeal so much of the several acts of assembly therein mentioned, as impose a land and poll-tax, on the inhabitants of this colony, for the years one thousand seven hundred and sixty-eight, and one thousand seven hundred and sixty-nine.

I. WHEREAS by an act of the general assembly, made on the fourth day of March, in the thirty-third year of the reign of his late majesty king George the second, intituled, An act for granting the sum of twenty thousand pounds for the further security and protection of this colony, it was, amongst other things enacted, Certain acts for imposing a land and poll-tax, for 1768 & 1769, repealed.

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that a tax of one shilling and three pence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-seven; and the farther tax or duty of one shilling and three pence for every hundred acres of land, and so in proportion for a greater or lesser quantity, should be paid, in like manner, by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-eight, to the sheriff, of the county wherein such land should lie; and that a tax or duty of two shillings should be paid for every tithable person in this colony, to the sheriff of the county where such person should be inlisted, by the person inlisting such tithable, on or before the said tenth day of April, one thousand seven hundred and sixty-eight, to be collected and accounted for in such manner as by the said act is prescribed: And whereas by one other act of the same assembly made the nineteenth day of May, in the year aforesaid, intituled An act for raising the sum of thirty-two thousand pounds for the relief of the garrison of fort Loudoun, in the Cherokee country, it was amongst other things, enacted, that an additional tax of nine pence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, in each of the years one thousand seven hundred and sixty-seven, and one thousand seven hundred and sixty-eight, and that the farther additional tax of one shilling and threepence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-nine; and that an additional tax or duty of two shillings should be paid for every tithable person in this colony, to the sheriff of the county where such person should be enlisted, by the person inlisting the same, on or before the said tenth day of April, one thousand seven hundred and sixty-eight; and that the farther additional tax or duty of three shillings for every such tithable person, should be paid in like manner, on or before the tenth day of April, one thousand seven hundred and sixty-nine, to be paid, collected, and accounted for, in the manner prescribed by the said act: And whereas, by the report of the committee appointed

that a tax of one shilling and three pence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-seven; and the farther tax or duty of one shilling and three pence for every hundred acres of land, and so in proportion for a greater or lesser quantity, should be paid, in like manner, by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-eight, to the sheriff, of the county wherein such land should lie; and that a tax or duty of two shillings should be paid for every tithable person in this colony, to the sheriff of the county where such person should be inlisted, by the person inlisting such tithable, on or before the said tenth day of April, one thousand seven hundred and sixty-eight, to be collected and accounted for in such manner as by the said act is prescribed: And whereas by one other act of the same assembly made the nineteenth day of May, in the year aforesaid, intituled An act for raising the sum of thirty-two thousand pounds for the relief of the garrison of fort Loudoun, in the Cherokee country, it was amongst other things, enacted, that an additional tax of nine pence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, in each of the years one thousand seven hundred and sixty-seven, and one thousand seven hundred and sixty-eight, and that the farther additional tax of one shilling and threepence for every hundred acres of land, and after that rate for a greater or lesser quantity, should be paid by the owner or proprietor thereof, on or before the tenth day of April, one thousand seven hundred and sixty-nine; and that an additional tax or duty of two shillings should be paid for every tithable person in this colony, to the sheriff of the county where such person should be enlisted, by the person inlisting the same, on or before the said tenth day of April, one thousand seven hundred and sixty-eight; and that the farther additional tax or duty of three shillings for every such tithable person, should be paid in like manner, on or before the tenth day of April, one thousand seven hundred and sixty-nine, to be paid, collected, and accounted for, in the manner prescribed by the said act: And whereas, by the report of the committee appointed

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to examine into the state of the funds arising from the several axes heretofore imposed by different acts of the general assembly, and appropriated to the redemption of the treasury notes, it appears, that there has already been collected of the inhabitants of this colony, a sum nearly equal to the whole emission of treasury notes from the year one thousand seven hundred and fifty-four, to the year one thousand seven hundred and sixty-two, inclusive, the balance which will remain due from the country, after deducting the debt due from the estate of John Robinson esquire; late treasurer of this colony, and the arrears in the hands of the several collectors, for which security hath been given to the public, amounting to two hundred and ninety-four pounds, two shillings and eight pence, and no more, which balance, together with any deficiency which may arise from insolvencies or any other accidents it is judged, that the duty on tobacco, the taxes on wheel carriages, writs, and ordinary licenses, which by law are to be continued for two years, will be abundantly sufficient to make good, so that the land and poll-tax imposed by the above in part recited acts of assembly, and which were to be paid and collected in the present and the succeeding year, may and ought to cease, which will be a great relief to the people in the present distressed situation of the colony: Be it therefore enacted by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the above recited acts of assembly as imposed the tax or duty of one shilling and three pence upon every hundred acres of land, and so in proportion for a greater or lesser quantity, also a tax or duty of two shillings on every tithable person, to be paid on or before the tenth day of April, one thousand seven hundred and six-eight, also the farther tax of nine pence for every hundred acres of land, and after that rate for a greater or lesser quantity, and the farther tax or duty of two shillings for every tithable person to be paid on or before the same day, and in the same year, also the farther tax of one shilling and three pence on every hundred acres of land, and after that rate for a greater or lesser quantity, and the farther additional tax or duty of three shillings for every tithable person, to be paid on or before the tenth day of April, one thousand seven hundred and sixty-nine, and so much of all other

to examine into the state of the funds arising from the several axes heretofore imposed by different acts of the general assembly, and appropriated to the redemption of the treasury notes, it appears, that there has already been collected of the inhabitants of this colony, a sum nearly equal to the whole emission of treasury notes from the year one thousand seven hundred and fifty-four, to the year one thousand seven hundred and sixty-two, inclusive, the balance which will remain due from the country, after deducting the debt due from the estate of John Robinson esquire; late treasurer of this colony, and the arrears in the hands of the several collectors, for which security hath been given to the public, amounting to two hundred and ninety-four pounds, two shillings and eight pence, and no more, which balance, together with any deficiency which may arise from insolvencies or any other accidents it is judged, that the duty on tobacco, the taxes on wheel carriages, writs, and ordinary licenses, which by law are to be continued for two years, will be abundantly sufficient to make good, so that the land and poll-tax imposed by the above in part recited acts of assembly, and which were to be paid and collected in the present and the succeeding year, may and ought to cease, which will be a great relief to the people in the present distressed situation of the colony: Be it therefore enacted by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the above recited acts of assembly as imposed the tax or duty of one shilling and three pence upon every hundred acres of land, and so in proportion for a greater or lesser quantity, also a tax or duty of two shillings on every tithable person, to be paid on or before the tenth day of April, one thousand seven hundred and six-eight, also the farther tax of nine pence for every hundred acres of land, and after that rate for a greater or lesser quantity, and the farther tax or duty of two shillings for every tithable person to be paid on or before the same day, and in the same year, also the farther tax of one shilling and three pence on every hundred acres of land, and after that rate for a greater or lesser quantity, and the farther additional tax or duty of three shillings for every tithable person, to be paid on or before the tenth day of April, one thousand seven hundred and sixty-nine, and so much of all other

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acts of assembly as relates to imposing a land and poll-tax on the inhabitants of this colony, to be paid and collected in either of the years one thousand seven hundred and sixty-eight, and one thousand seven hundred and sixty nine, be, and the same is and are hereby repealed and made void, to all intents and purposes, as if such acts had never been made.

CHAP. II.

An	act for further continuing the act, intituled An act for amending the staple of tobacco, and for preventing frauds in his majesty's customs.

WHEREAS the act of the general assembly, 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, and which was continued and amended by another act made in the seventh year of his said majesty's reign, will expire on the first day of October, one thousand seven hundred and sixty-nine; and it is necessary and expedient that the said acts should be further continued: Be it therefore enacted by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said recited acts shall continue, and be in force, from and after the said first day of October, one thousand seven hundred and sixty-nine, for and during the term of two years, and no longer.

Act continuing inspection of tobacco, &c. further continued.

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CHAP. III.

An	act for further continuing and amending the act, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned.

WHEREAS the act of the general assembly, made in the nineteenth year of the reign of his late majesty king George the second, intituled An act for the better regulating and collecting certain officers fees, and for other purposes therein mentioned, which hath been continued by several acts, and amended by three acts in the first, third, and seventh years of his present majesty's reign, will expire on the first day of October, one thousand seven hundred and sixty-nine; and it is necessary and expedient that the said acts should be further continued: Be it therefore enacted by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the said recited acts shall continue, and be in force, from and after the said first day of October, one thousand seven hundred and sixty-nine, for and during the term of two years, and no longer.

Act continuing inspection of tobacco,&c. further continued.

And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any person or persons, from whom any tobacco is or shall be due, for the attendance of a witness or witnesses, in any action or suit, to pay and satisfy the same, either in tobacco or in money at the rate of sixteen shillings and eight pence for every hundred pounds of tobacco, and so in proportion for a greater or lesser quantity, at the option of the payer; and that the like option be allowed to the debtor in paying the tobacco costs, taxed in any judgment or execution.

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CHAP. IV.

An act for altering the court day of the county of Goochland.

WHEREAS it is represented that the court day of the county of Goochland is inconvenient, as well to the justices and attorneys, as the merchants and others who are obliged to attend the same: Be it therefore enacted, by the President, 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 June next, the court for the said county of Goochland, shall be constantly held on the third Monday in every month; any law, usage, or custom, to the contrary, thereof in any wise notwithstanding.

Court day of Goochland county altered.

CHAP. V.

An	act to repeal so much of an at, intituled An act for appointing several new ferries, as relates to the ferry across the Fluvanna river, from and to the lands of William Cabell, gentleman.

WHEREAS by an act passed in the first year of the reign of his present majesty, intituled An act for appointing several new ferries, a ferry was established from the land of William Cabell, gentleman, on the north side Fluvanna river, opposite to the lower point of Wood's Island, in the county of Albemarle, to the land of the said Cabell on the south side of the said river, at a place called Hugh's valley; which ferry hath hitherto been kept by William Cabell, the younger, gentleman, to whom the lands on the north side of the said river, now in the county of Amherst, belong: And whereas, by the appointment of other ferries in the neighbourhood, the said ferry is become of no use to the public, and the keeping boats and hands, as well as the public

Ferry across the Fluvanna river, from William Cabell's to lower point of Wood's island discontinued.

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road leading to the same, through the lands of the said William Cabell, the younger, is burthensome to him: Be it therefore enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That so much of the said recited act of assembly as relates to the keeping a ferry across the Fluvanna river, at the place aforesaid, be, and the same is hereby repealed.

CHAP. VI.

An	act to dock the entail of certain lands, whereof James Roscow is seized, and for settling slaves, to be purchased in lieu thereof.

WHEREAS William Roscow, formerly of the county of Warwick, gentleman, was in his life time, and at the time of his death, seized in fee simple of and in a tract of land, situate in the parish of Warwick, and county of Warwick, and containing about seven hundred acres; and being so seized, he the said William Roscow in and by his last will and testament, in writing, bearing date the thirtieth day of January, one thousand seven hundred, did, among other things, devise the said land (now called Derby's) by the description of all the lands he purchassd of Mr. Langhorne, on the east side of Water's creek, adjoining * ley's land, unto his son William Roscow; but did further direct his wife was then big with proved son, the said lands divided between such son and the said William and the hei fully begotten; and if either of his said sons should die before they came of age, then the whole hands should go to the survivor, as by the said will may more fully appear: And whereas after the death of the said testator, his wife was delivered of a son by him named Willis Roscow, who afterwards died under age, and without issue, whereby the whole of the said lands came to the said William Roscow, the younger, who entered into the same, and died seized thereof leaving

Entail of certain lands whereof James Roscow is seized docked.

(8) A small part of the original torn off where the blanks occur.

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issue several sons, all of whom are since dead, without issue, except James Roscow, gentleman, the only surviving son and heir of the body of the said William, who is now seized of the said lands, and of divers other tracts of land in fee tail, under the wills of his said father and grandfather; and having no slaves to cultivate the same, it would be to the advantage of the said James Roscow, or those succeeding to the said estate, if the said land, called Derby's, was allowed to be sold, and the money laid out in the purchase of slaves, to be annexed to his other entailed lands. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Warwick, that application would be made to this present general assembly for an act to dock the entail of the said lands, and to settle slaves in lieu thereof, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said James Roscow, that it may be enacted, And be it enacted by the President, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land called Derby's, containing about seven hundred acres, and so purchased by the said William Roscow, the elder, of Mr. Langhorne, be the same more or less, shall be, and the same is hereby vested in Burwell Basset, Wilson Miles Cary, William Daingerfield, William Biers, and Jerman Baker, gentlemen, the survivors or survivor of them; In Trust, that they, or any three of them, shall sell the said land for the best price that can be got for the same, and on payment of the purchase money, shall, by good and sufficient deed or deeds, convey the said land to the purchaser or purchasers, in fee simple, who shall from thenceforth hold and enjoy the same, discharge of the limitations in the will of the said William Roscow, the elder.
And be it further enacted, That the money arising by the sale of the said lands, shall be, by the said trustees, or any three of them, or their survivors, as soon as conveniently may be, fairly laid out in the purchase of slaves, of which one half at least to be females; and the said trustees shall cause the slaves so to be purchased, to be conveyed to the said James Roscow, by sufficient deed or deeds, wherein this act, together with the names and sexes of the said slaves, shall be recited; and which deed or deeds shall be recorded in the general

issue several sons, all of whom are since dead, without issue, except James Roscow, gentleman, the only surviving son and heir of the body of the said William, who is now seized of the said lands, and of divers other tracts of land in fee tail, under the wills of his said father and grandfather; and having no slaves to cultivate the same, it would be to the advantage of the said James Roscow, or those succeeding to the said estate, if the said land, called Derby's, was allowed to be sold, and the money laid out in the purchase of slaves, to be annexed to his other entailed lands. And forasmuch as notice hath been published three Sundays successively in the several churches of the said parish of Warwick, that application would be made to this present general assembly for an act to dock the entail of the said lands, and to settle slaves in lieu thereof, pursuant to your majesty's instructions: May it therefore please your most excellent majesty, at the humble suit of the said James Roscow, that it may be enacted, And be it enacted by the President, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That the said tract of land called Derby's, containing about seven hundred acres, and so purchased by the said William Roscow, the elder, of Mr. Langhorne, be the same more or less, shall be, and the same is hereby vested in Burwell Basset, Wilson Miles Cary, William Daingerfield, William Biers, and Jerman Baker, gentlemen, the survivors or survivor of them; In Trust, that they, or any three of them, shall sell the said land for the best price that can be got for the same, and on payment of the purchase money, shall, by good and sufficient deed or deeds, convey the said land to the purchaser or purchasers, in fee simple, who shall from thenceforth hold and enjoy the same, discharge of the limitations in the will of the said William Roscow, the elder.

And be it further enacted, That the money arising by the sale of the said lands, shall be, by the said trustees, or any three of them, or their survivors, as soon as conveniently may be, fairly laid out in the purchase of slaves, of which one half at least to be females; and the said trustees shall cause the slaves so to be purchased, to be conveyed to the said James Roscow, by sufficient deed or deeds, wherein this act, together with the names and sexes of the said slaves, shall be recited; and which deed or deeds shall be recorded in the general

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court, or in the court of the said county of Warwick; and from thenceforth the said slaves, with their future increase, shall descend, pass, and go, to the said James Roscow, and the heirs of his body, and to such other person or persons, as the said lands called Derby's would have descended and come to, by virtue of the limitations in the will of the said William Roscow, the elder, if this act had never been made.

Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the person and persons claiming under the will of the said William Roscow, the elder all such estate, right, title, and interest, as they, every, or any of them could or might have claimed if this act had never been made.

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. VII.

An	act for the ease of the people, by paying the Burgesses wages in money, for this present session of assembly.

WHEREAS by one act of assembly, passed in the third and fourth years of the reign of king George the second, intituled An act for the better regulating the payment of the Burgesses wages, the Burgesses are intitled to receive the sum of ten shillings current money for each day they serve in the house of Burgesses are entitled to receive the sum of ten shillings current money for each day they serve in the house of Burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed, provided there be a balance at least of fifteen hundred pounds, saved and reserved at least of fifteen hundred pounds, saved and reserved in the hands of the treasurer: And whereas it appears there is not money sufficient in the treasurer's hands to pay the said wages for this session, leaving the balance aforesaid, according to the directions of the said act: Nevertheless, as it

Burgesses wages payable in money.

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will be a great ease and relief to the people that the said wages should be paid in money, out of the treasury, by lessening the levy by the poll: Be it enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted ority of the same, That the burgesses wages, and their allowances for this shall be paid by the treasurer, out of the public money in his hands, be sufficient to pay the same, according to the directions of the

will be a great ease and relief to the people that the said wages should be paid in money, out of the treasury, by lessening the levy by the poll: Be it enacted, by the President, Council, and Burgesses, of this present General Assembly, and it is hereby enacted ority of the same, That the burgesses wages, and their allowances for this shall be paid by the treasurer, out of the public money in his hands, be sufficient to pay the same, according to the directions of the

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Pages 305-325

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