Pages 295-304 
|  Pages 326-348
|
| Pages 295-304
| Pages 326-348
|
| ANNO REGNI GEORGII III, Regis Magnæ Britanniæ, Franciæ, et Hiberniæ, decimo 
| ||||
|
Lord Botetourt, governor. | |||
| CHAP. I. | ||||
| ||||
| WHEREAS the laws now in being for regulating the election of Burgesses, and declaring the qualification of voters at such elections, have proved defective: We your majesty's most loyal and obedient subjects, the Governor, Council, and Burgesses, of this General Assembly, do humbly beseech your most excellent majesty, that it may be declared and enacted, And be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the freeholders of every county, which now is, or hereafter shall be, within this dominion, qualified as is by this | Free holders of counties to choose Burgesses. |
| act hereafter directed and declared, have, and shall have, the privilege and liberty of electing two of the most able and fit men, being freeholders qualified to vote in such county respectively, to be present, and to act and vote as representatives of such county in all general assemblies hereafter to be summoned and held within this dominion; and that the freeholders of James City shall have the liberty of electing one Burgess, to be present, and to act and vote in all such general assemblies. And for settling what freeholders shall have a right to vote. | Of James city to choose one Burgess. |
| II. Be it further enacted, by the authority aforesaid, That every person shall have a right to vote at any election of Burgesses, for any county, who hath an estate of freehold, for his own life, or the life of another, or other greater estate, in at least fifty acres of land, if no settlement be made upon it, or twenty-five acres, with a plantation and house thereon at least twelve feet square, in his possession, or in the possession of his tenant or tenants, for term of years, at will or sufferance, in the same county where he gives such vote; and any person having such estate in fifty acres of land in one tract uninhabited, lying in two or more counties, shall have a right to vote in that county only wherein the greater quantity of the said land lies, although the same shall not amount to fifty acres in either county; and every person possessed of twenty-five acres, with a plantation and house thereon as aforesaid, lying in two or more counties, shall have a right to vote in that county only where the house shall be; and every person possessed of a lot, or part of a lot, in any city or town, established by act of assembly, with a house thereon at least twelve feet square, shall have a right to vote at such election. | Qualification of electors. |
| III. Provided always, That where the lands are held by several joint tenants in common, or the interest of any such house and lot, or part of a lot, is or shall be divided among several persons, no more than one single vote shall be admitted, in right of such lands, or house and lot, or part of a lot, unless the quantity of such lands shall be sufficient to allot to such tenant fifty acres at least, if the same be uninhabited, or twenty-five acres, with a house and plantation as aforesaid. | Joint tenants and tenants in common, how to vote. |
| IV. Provided also, That no person shall vote for the electing any Burgess, in right of any lands or tenements, | What possession necessary. |
| whereof he has not been in possession for six calendar months next before the teste of the writ for such election, unless such lands or tenements came to such person within that time by descent, marriage, marriage-settlement, or devise. | |
| V. And be it further enacted, That no feme sole or covert, infant under the age of twenty-one, recusant convict, or any person convicted in Great-Britain or Ireland, during the time for which he is transported, nor any free negro, mulatto, or Indian, although such persons be free holders, shall have a vote, or be permitted to poll at any election of Burgesses, or capable of being elected; and if any person not being a freeholder, qualified as by this act is directed and required, shall presume to vote or poll at any such election, he shall forfeit and pay five hundred pounds of tobacco; one moiety to the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer, to be recovered with costs, by action of debt or information, in any court of record, wherein the same is cognizable: And if in such suit a question shall arise whether such person be a freeholder as aforesaid, or not, the Onus Probandi shall lie on the defendant. And for the more regular and legal electing such Burgesses, | Persons disabled to vote, or to be elected. Penalty on disqualified person voting. |
| VI. Be it further enacted, by the authority aforesaid, That the following rules and methods shall be observed, to wit, the writs for the election of Burgesses shall be signed by the governor, or commander in chief of this dominion for the time being, with the seal of the colony affixed to them, and shall be delivered to the secretary of this colony for the time being, forty days at least before the day appointed for the general assembly to meet and be held; the secretary shall cause such writs to be conveyed and safely delivered to the sheriff of every county, and to the returning officer of every town, or corporation, respectively, within ten days after the date thereof; every sheriff, within three days after his receipt of such writ, shall cause a copy thereof to be delivered to the minister and reader of every parish in his county, and shall upon the back of every such copy endorse the time and place by him appointed for the election, which shall always be at the court-house of his county, twenty days at least after his receiving such writ; every minister and reader receiving such copy and endorsement, shall publish the same in | Rules for issuing, delivering and publishing writs for electing burgesses. |
| his church or chapel, where they or either of them officiate, immediately after divine service, every Sunday between the receipt of such copy and the day of election, and shall return the same copy to the sheriff, together with a certificate of the due publication thereof. And if at any time the secretary shall fail to cause the writs for electing burgesses to be safely conveyed and delivered to the several sheriffs as aforesaid, he shall forfeit and pay the sum of one hundred pounds current money, for every writ he shall fail to deliver as aforesaid; and if the sheriff of any county, or returning officer of any town, or corporation, shall fail to cause a fair copy of such writ, and such endorsement thereon, to be delivered to every parish-minister and reader within his county as aforesaid, within the time before directed, such sheriff, or returning officer, shall forfeit and pay fifty pounds current money; and if any minister or reader receiving such copy shall fail to make publication and return thereof as aforesaid, he shall forfeit and pay twenty-five pounds current money; which said several forfeitures shall be recoverable, with costs, by action of debt or information, in any court of record in this dominion wherein the same shall be cognizable; and one moiety thereof shall be to our sovereign lord the king, his heirs and successors, for and towards the better support of this government, and the contingent charges thereof, the other moiety to the person or persons who shall inform or sue for the same. | Penalties on secretary, sheriff and minister for failure in their duty. |
| VII. And be it further, enacted by the authority aforesaid, That after publication of such writs, and at the day and place of election, every freeholder actually resident within his county shall personally appear, and give his vote, upon penalty of forfeiting two hundred pounds of tobacco to any person or persons who will inform or sue for the same, recoverable, with costs, by action of debt or information, in any [county] court of this dominion. | Penalty on freeholders failing to vote. |
| VIII. And be it further enacted, That when the election of any Burgess or Burgesses cannot be determined upon the view, by consent of the freeholders and candidates, the sheriff, or in his absence the under sheriff, shall proceed to take the poll in manner following, that is to say, he shall appoint such persons as he shall think fit, who shall take an oath to be administered by such sheriff, or under sheriff for their true and impartial taking the poll; and thereupon having books or lists prepared | Manner of taking the poll. |
| for that purpose, they shall in the court-house, and before the candidates or their agents then present, enter the names of every candidate in a distinct list or column, and the name of every freeholder giving his vote under the name or names of the person or persons he votes for; but no freeholder who has voted once shall be admitted to poll any more at that election: And that every person having right to vote for two Burgesses at such election, shall name the two persons he votes for when he first offers to be polled, and if he refuses to name more than one at such time, he shall not afterwards at that election be allowed to vote for another: And when no more freeholders appear to vote, after proclamation thrice made at the court-house door, the sheriff shall conclude the poll. | |
| IX. Provided always, That where more freeholders appear at such election, than can be so polled before sun-setting, on the day of election, the sheriff, or under sheriff, shall be empowered and required at the request of any of the candidates or their agents, to adjourn the concluding the poll until the next day, of which notice shall be published at the court-house door, and the same shall be published at the court-house door, and the same sheriff, or under sheriff, shall, on such next day, proceed in taking and concluding the poll in manner aforesaid; and when the poll shall be concluded as aforesaid, the person or persons appearing, upon examination, to have most votes shall be declared and returned burgess or burgesses; and if two or more candidates shall have an equal number of votes, the sheriff, or in his absence the under sheriff, shall and may return which of them he thinks fit. | When polls may be kept open. Who to be returned Burgess. |
| X. And be it further enacted, That if upon a scrutiny of the poll before the house of Burgesses, it shall appear that the petitioner and sitting member have an equal number of legal votes, and the sheriff, or under sheriff, who took the poll at such election, shall declare upon oath that if the votes had been equal at the election, he would have returned the petitioner, such petitioner shall be declared duly elected, and his name inserted in the return, in the room of the sitting member. | Candidates equal sheriff may declare. |
| XI. And be it further enacted, That every person, before his is admitted to poll at such election, shall, if required by any candidate or person appointed by any candidate, first declare whether he votes in right of fifty acres of unsettled land, twenty-five acres with a house and plantation thereon, or a house and lot, or part of a | Oaths or affirmations, if required, to be taken by electors who offer to vote in right. |
| lot in a town; and shall take one of the following oaths, as adapted to such freeholder, or being one of the people called Quakers, shall declare to the same effect, that is to say, | |
| If for fifty acres of land in the same county unseated, | |
| You shall swear that you are a freeholder in the county of and have at least fifty acres of freehold land unseated, lying and being in the said county, in your sole possession, or in the possession of your tenant or tenants for years, at will or sufferance; that you, or such tenant, have been so possessed, or that you have had the legal estate thereof, for at least six calendar months last past, and that you have not been before polled at this election: | Of 50 acres in the same county unseated: |
| If for fifty acres of land in two counties unseated, | |
| You shall swear that you are a freeholder of fifty acres of land unseated, lying and being in the counties of and in your sole possession, or in the possession of your tenant or tenants for years, at will or sufferance; that you, or such tenant, have been so possessed, or that you have had the legal estate thereof for at least six calendar months last past; and that the greatest part of the said land doth lie in the county of and that you have not been before polled at this election: | Of 50 acres in two counties unseated; |
| If for twenty-five acres of land, with a house and plantation in the same county, | |
| You shall swear that you are a freeholder and sole owner of twenty-five acres of land, with a house and plantation upon it, lying and being in the county of and in your sole possession, or in the possession of your tenant or tenants for years, at will or sufferance; that you, or such tenant, have been so possessed, or that you have had the legal estate thereof, for at least six calendar months last past; and that you have not been before polled at this election: | Of 25 acres with a house &c. in the same county. |
| If for twenty-five acres of land, with a house and plantation in two counties. | |
| You shall swear that you are a freeholder and sole owner of twenty-five acres of land, with a house and plantation upon it, lying in the counties of and in your sole possession, or in the possession of your tenant or tenants for years, at will or sufferance; that you, or such tenant, have been so possessed, or that you have had the legal estate thereof, for at least six calendar months last past, that the house | Of 25 acres, with a house &c. in two counties; |
| is in the county of and that you have not been before polled at this election: | |
| If for a house and lot, or part of a lot in a town. | |
| You shall swear that you are a freeholder of a house and lot, or a house and part of the lot, lying and being in the city or town of in your sole possession, or in the possession of your tenant or tenants for years, at will or sufferance; that you, or such tenant have been so possessed, or that you have had the legal estate thereof, for at least six calendar months last past, and that you have not been before polled at this election. | Of a house, &c. in a town. |
| Which oath or affirmation, the sheriff, or under sheriff, taking such poll, is hereby empowered and required to administer, and cause the clerk attending to take the poll, to enter sworn or affirmed against the name of every voter who shall take such oath or affirmation as aforesaid; and in case any freeholder, or other person, taking the said oath or affirmation shall thereby commit wilful and corrupt perjury, and be thereof convicted, or if any person do suborn any freeholder, or other person, to take a false oath or affirmation, in order to his being polled, every offender, being thereof convicted, shall suffer as for wilful perjury committed in a court of record. | Oaths, &c. by whom administered. Perjury, how punishable. |
| XII. And whereas some persons, being real freeholders, for want of being proper judges for their freeholds, may scruple to take the said oath, and be thereby deprived of their votes: Be it further enacted, That where any freeholder qualified as is herein before directed, shall offer to give his vote at any election, but being required to take the oath or affirmation aforesaid, shall refuse so to do, such vote shall not be added to the poll, but the sheriff, or under sheriff, shall cause the name of every such person, and who he votes for, to be entered in a separate list, and if there by any scrutiny of such poll before the house of Burgesses, every such vote shall be allowed in the same manner as if it had been entered on the poll at the election. | Name of freeholder scrupling to take the oath to be entered in a separate list. |
| XIII. And be it further enacted, by the authority aforesaid, That within twenty days next after every such election, the sheriff or under sheriff, taking such poll shall, upon oath, to be administered by any justice of the peace, deliver to the clerk of his county court, attested copies of the original poll at such election, | Copies of polls, when to be delivered by sheriff to clerk. |
| and a [the] list taken of such as offer to vote, but refuse to take the oath or affirmation as aforesaid, to be by such clerk recorded. | |
| XIV. And be it further enacted, That after the election shall be concluded as aforesaid, the sheriff, or under sheriff, taking the poll, shall make return of such election in manner following: Upon the writ shall be endorsed. | |
| The execution of this writ appears in a certain schedule hereunto annexed. | Forms of returns: |
| And in the schedule to the writ annexed, the execution thereof shall be certified as follows: | |
| BY virtue of this writ to me directed, in my full county, held at the court-house for my said county, upon the day of in the year of the reign of by the grace of God, of Great Britain, France, and Ireland, King, Defender of the faith, &c. by the assent of my said county, I have caused to be chosen two burgesses of my said county, to wit, A. B. and C. D. to act and do as in the said writ is required. | For a county. |
| And for the college of William and Mary, or for any city, or town, the return shall be thus: | |
| BY virtue of this writ to me directed, I did make lawful publication thereof; and afterwards, to wit, upon the day of in the year of the reign of by the grace of God, of Great-Britain, France, and Ireland, king, defender of the faith, &c. at the said city [or town] of [or at the said college] by assent of the freeholders and other legal electors [or the president, masters, or professors] I have caused to be chosen one burgess for the said city [or town, or college] to wit, A. B. of to act and do as in the said writ is directed and required. | For a city, &c. and the college. |
| And if at any time any candidate, or other person on his behalf, shall desire a copy of the poll, the sheriff, or under sheriff, shall cause a fair attested copy thereof to be delivered to such candidate, or person requiring the same. | Sheriff shall deliver copy of poll, &c. to candidate requiring it. |
| XV. And be it further enacted, by the authority aforesaid, That when upon the death or disability of any member of the house of Burgesses, or where no election shall have been held for any county, town or corporation, the sheriff, or returning officer, shall receive a writ for the election of one or more Burgesses during the session of any general assembly, such sheriff is | Method of proceeding to elect burgesses, in the room of others dying or disabled, or when there hath |
| hereby required to appoint such and so many persons as he shall think fit to give notice thereof, and of the day and place of election, unto every freeholder residing within the county, town, or corporation, for which such election is to be; and the same shall be thereupon made as soon as possible, in the manner herein before directed, and the person or persons, so elected, returned in form aforesaid. And if any sheriff, or in his absence the under sheriff, shall refuse to take the poll, when required by any candidate or freeholder, before the return is made, or shall take it in other manner than by this act is directed, or shall refuse to give a copy of the poll when required as aforesaid, or shall make a false return, or fail to make return, and cause the same to be delivered to the clerk of the secretary's office for the time being, or to such other person as shall attend in the said office to receive the same, one day at least before the day in such writ limited for the return thereof, every sheriff, or under sheriff, so offending or failing, shall forfeit and pay one hundred pounds current money; one moiety thereof to our sovereign lord the king, his heirs and successors, for the better support of this government, and the contingent charges thereof, the other moiety to the informer or person who shall sue for the same; to be recovered, with costs, by action of debt or information, in any court of record within this colony. | been no election. Penalty on sheriff for breach of duty. |
| XVI. And be it further enacted, That the writs for electing burgesses at the college of William and Mary, and for James town, shall be delivered to the sheriff of James city, who is hereby declared to be the proper officer for returning the said writs. | Sheriff of James city returning officer for the college and James town. |
| XVII. And be it further enacted, by the authority aforesaid, That no person hereafter to be elected a member of the general assembly, for any county, city, town, or corporation, within this dominion, shall, after the dissolution of any general assembly, or after any vacancy happening in this or any succeeding general assembly, and before his election, either himself, or by any other person or persons on his behalf, and at his charge, directly or indirectly, except in his usual and ordinary course of hospitality in his own house, give, present, or allow, to any person or persons, having voice or vote in such elections, any money, meat, drink, entertainment, or provision, or make any present, gift, reward, or entertainment, or any promise, agreement, | Bribery what, and how punishable. |
| obligation, or engagement, to or for any person or persons, or to or for any county, city, town, or corporation, or to or for the sue, benefit, emolument, or preferment, of any person or persons, county, city, town, or corporation, in order to be elected a burgess for such county, city, town, or corporation; and every person so giving, promising, or engaging, shall be, and is hereby declared to be guilty of bribery and corruption, and rendered incapable to sit or vote, or of being re-elected a member of the house of burgesses, during the continuance of such general assembly to which he hath been so corruptly elected. | |
| XVIII. And be it further enacted, and declared, That all and every member of the general assembly is, and ought to be, and for ever hereafter shall be, in his and their persons, servants, and estates, real and personal, free, exempted, and privileged, from all arrests, attachments, executions, and all other process whatsoever, save only for treason, felony, or breach of the peace, during his or their attendance in general assembly, and for the space of ten days before and ten days after every session: And if any civil process shall be depending against such member or members before his or their election, such process shall be stayed for ten days before and after every session as aforesaid, but may then be prosecuted, as it might otherwise have been, without discontinuance or abatement. And when any general assembly shall be adjourned or prorogued longer than twenty days, process may be commenced and prosecuted against any member or members thereof, but shall be stayed ten days before and after every session or meeting by prorogation or adjournment as aforesaid. | Privileges of members of general assembly. In what cases and during what time, process against them shall be stayed. |
| XIX. And be it further enacted, by the authority aforesaid, That every burgess shall be allowed and paid by his county, ten shillings a day, besides ferriages, for coming to, attending at, and returning from every session of assembly; and over and above the said daily allowances there shall be paid and allowed for going to and returning from the general assembly, as followeth, to wit: To every burgess for the counties of James City, York, Warwick, Elizabeth City, New Kent, Gloucester, Charles City, Surry, and Isle of Wight, one day for coming and one day for returning: To every burgess for the counties of Henrico, Chesterfield, Nansemond, Sussex, Southampton, Norfolk, Princess Anne, King William, Prince George, King and Queen, Middlesex, | Allowances, &c. to Burgesses. |
| and Essex, and to the burgesses of the borough of Norfolk, two days for coming and two days for returning: To every burgess for the counties of Lancaster, Amelia, Richmond, Caroline, Goochland, Hanover, King George, Cumberland, Dinwiddie, and Brunswick, three days for coming and three days for returning: To every burgess for the counties of Accomack, Northampton, Northumberland, Westmoreland, Stafford, Spotsylvania, Louisa, and Prince Edward, four days for coming and four days for returning: To every burgess for the counties of Prince William, Fauquier, Culpeper, Orange, Albemarle, Buckingham, Bedford, Lunenburg, Fairfax, Loudoun, Charlotte, and Mecklenburg, five days for coming and five days for returning: To every burgess for the counties of Augusta, Amherst, Frederick, Halifax, and Pittsylvania, six days for coming and six days for returning; and to every burgess for the counties of Botetourt, and Hampshire, eight days for coming and eight days for returning: But no burgess shall demand or receive any salary or wages for any day or days he shall fail to attend his service in the house of burgesses, Sundays excepted; and if any burgess shall be taken sick or lame during his attendance on any session, or in his journey thereto, so as to be unable to attend, such burgess shall be allowed and paid for every day of the session, in the same manner as if he had attended the service of the house. | Not to be paid, if they fail to attend, unless prevented by
sickness, &c. |
| XX. And be it further enacted, by the authority aforesaid, That when any session of assembly shall beheld, and upon examination of the treasurer's accounts, it shall appear that there are monies sufficient in his hands to discharge all the money debts due from the public, together with the burgesses wages, and the salaries and allowances to the respective officers of the general assembly, that then the burgesses wages for such session, according to the regulations before mentioned, and the wages for the attendance of every burgess, for any city, town, or corporation at ten shillings per day each, shall be paid by Robert Carter Nicholas, esq. treasurer, or the treasurer for the time being, appointed by or pursuant to act of assembly, out of the public money in his hands. | How to be paid. |
| XXI. Provided always, That where the assembly shall be adjourned for more than twenty days, in that case the burgesses attending such assembly, shall be paid their wages to the time of such adjournment, either | In case of adjournment to be paid to the time of adjournment. |
| by their counties, or the treasurer, according to the rules and regulations aforesaid, in the same manner as if such assembly was prorogued. | |
| XXII. And be it further enacted, by the authority aforesaid, That at the time and place of election of burgesses, for any county, the sheriff, or in his absence the under sheriff of such county respectively, at the door of the court-house, by proclamation to be there three times made, between the hours of one and three of the clock in the afternoon, shall give public notice of the time appointed for a court to be held for receiving propositions and grievances, and the public claims of all and every person and persons within his county, which propositions and grievances shall be signed by the person or persons presenting the same to the court, and thereupon the clerk, by the direction of the court, shall certify the same to the general assembly, and shall deliver the same to the burgesses of the county, to be by them presented accordingly. And in like manner a court for receiving and certifying propositions and grievances, and public claims, as aforesaid, shall be appointed and held in each county respectively, before every session of the general assembly, and the sheriff of the county is hereby required to cause public notice to be given of the time appointed for holding such court, at every respective church and chapel within his county. And whereas it hath been found inconvenient, and may prove of evil consequence, if any member of the house of burgesses should accept of the office of sheriff, or of any place of profit in this government, or if any sheriff, under sheriff, or inspector of tobacco, should be elected and allowed to sit and vote as a member of the house of burgesses: | Courts for receiving propositions and grievances, and public claims, how appropriated. |
| XXIII. Be it further enacted, by the authority aforesaid, That any person who now is, or hereafter shall be, sheriff, or under sheriff, of any county, or inspector of tobacco, at any of the public warehouses, during the time he shall be sheriff or inspector, and for two years next after he shall be out of office, shall not be capable of sitting and voting as a member of the house of burgesses; and a writ shall issue for electing a new member in his stead, in the same manner as if such person was naturally dead; nor shall any such inspector of tobacco, during the time aforesaid, presume to intermeddle, or concern himself, with any election of a burgess or burgesses, otherwise than by giving his vote, or endeavour | Sheriff or inspector of tobacco, whilst in
office and for two years after, not capable of sitting as burgess. Penalty upon inspectors interfering in election. |
| to influence any person or persons to give his or their votes, under the penalty of fifty pounds; one half to our sovereign lord the king, his heirs and successors, for and towards defraying the contingent charges of this government, and the other moiety to the informer; to be recovered, with costs, by action of debt or information, in any court of record within this dominion. And every member of this present or any future house of burgesses, during the time of his being so, shall be exempted from being made or appointed sheriff. And if any member of the house of burgesses shall accept any office of profit whatsoever in this government, or hold the same in his own name, or in the name of any other person, in trust for him, or for his use and benefit, or shall execute by himself, or his deputy, any such office or place, such person shall be incapable of sitting or voting as a member of the house of burgesses, and a writ shall issue for electing a new member in his stead, in the same manner as if he was naturally dead; but such person shall be capable of being re-elected, and thereupon admitted to his place in the house of burgesses. | Member of house of burgesses exempt from being sheriff; accepting office of profit, incapable of sitting, but may be re-elected. |
| XXIV. Provided always, That nothing in this act shall be construed to hinder the legal electors of the city of Williamsburg, the borough of Norfolk, and the college of William and Mary, from choosing a representative in general assembly, for the said city, town, or college, but they, and each of them, shall and may continue so to do, according to their charters of incorporation, and the laws now in being, in the same manner as if this act had never been made. | Williamsburg, Norfolk, and William and Mary college, to elect under their charters. |
| XXV. And be it further enacted, That all and every other act and acts, clause and clauses, heretofore made, as to so much thereof as is contrary to any thing within the purview of this act, be, and the same is hereby repealed. | |
| XXVI. 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. | Suspending clause. |
| CHAP. II. | ||
| ||
| I. WHEREAS the act of the general assembly passed in the fifth year of the reign of his present majesty, intituled An act for amending the staple of tobacco, and for preventing frauds in his majesty's customs, which was continued and amended by one act made in the seventh year of his said majesty's reign, and further continued by another act made in the eighth year of his said majesty's reign, will expire on the first day of October, one thousand seven hundred and seventy-one, and it is necessary that the same should be further continued and amended: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That if any justice of peace shall know, or be informed upon oath, of any tobacco pressed or packed, in order to be shipped off, or carried out of this colony, without being inspected, such justice by himself, or any sheriff or constable, by warrant from such justice, within the limits of his county, shall have power and authority, and is hereby required to enter any suspected houses, and to break open all doors in the day time (the keys of such doors having been first demanded and refused to be delivered) to search for the same; and if any tobacco shall be found by such justice, sheriff, or constable, pressed in any cask, barrel, or other package whatsoever, that shall not contain five hundred pounds of nett tobacco, such justice, sheriff, or constable, shall seize the same, and the person in whose possession such tobacco shall be found, shall forfeit to the informer five pounds for every hundred weight, and so in proportion for a less quantity, to be recovered, with costs, in any court of record, if it be twenty-five shillings current money or more, or if under that sum, before any justice of the peace of the county where the fact shall be committed; and such justice shall and may issue an execution either against the body or goods of the offender accordingly; any law, statue, or custom, | Power of sheriff, &c. to enter houses to
search for uninspected tobacco. Penalty on person in whose possession it is found. |
| to the contrary thereof, in any wise notwithstanding. And any justice of peace of any county near the place where any ship, sloop, boat, or other vessel, shall ride, upon information to him made, upon oath, by any person, that there is good cause to suspect any tobacco uninspected, in cask, bulk, or parcels, to be on board such ship, sloop, boat, or other vessel, shall and is hereby impowered and required to issue his warrant, directed to the sheriff, or any constable, of his county, and the sheriff or constable shall have full power and authority, and his is hereby required to enter and go on board such ship, sloop, boat, or other vessel, to search for and seize such tobacco, and the same being seized, shall be brought on shore, and carried before the same or any other justice, who shall cause the same to be carried to the nearest warehouse, and there inspected, and if passed, restored to the owner, in case he shall be innocent of the fraud; but if he shall appear to have been concerned in such fraud, or if no owner claims within one month, the said tobacco shall be sold, and the money arising from such sale be paid into the public treasury, and accounted for to the general assembly; and the commanding officer of any ship or vessel, or the skipper of any boat, on board which such tobacco shall be found, shall forfeit to the informer five pounds for every hundred weight, and so in proportion for a less quantity, to be recovered, with costs, in any court of record, if it be twenty-five shillings or more, or if under that sum, before any justice of peace of the county where the fact shall be committed. And if any master or commanding officer of any ship or vessel, or the skipper of any sloop, boat, or other vessel, or any other person whatsoever shall resist the officer in the execution of any such warrant, every such master or commanding officer, shall forfeit and pay one hundred pounds; and every such skipper, sailor, or other person so resisting, shall forfeit and pay twenty pounds. And if any action shall be brought against any justice of the peace, sheriff, ro constable, for doing any thing in execution of this act, the defendant may plead the general issue, and give this act in evidence; and if the plaintiff shall be nonsuited, or a judgment pass against him, upon a verdict or demurer, the defendant shall recover double costs. | Justice of peace may impower officers to enter vessels
to search for uninspected tobacco. How uninspected tobacco found in vessels shall be disposed of. Penalty on master of ship, &c. having uninspected tobacco on board: Resisting officer acting in execution of this act. Officer sued for executing this act may plead the general issue, &c. Shall recover double costs on a nonsuit or verdict for him. |
| II. And whereas the recoveries of the forfeitures, inflicted by this act, are liable to be evaded by masters and commanders, and skippers of vessels, and other |
| persons leaving this colony, before any action or suit brought for such recovery can be determined: For remedy thereof, Be it enacted, by the authority aforesaid, That upon the appearance of the defendant, in any action or suit brought against any master or commander, or skipper of any vessel, or any other person, for a breach of this act, where the plaintiff shall move that the defendant may be held to special bail, the court may, if they see cause, rule him to give special bail accordingly, or commit him in custody of the sheriff, until such bail be given, any law, custom, or usage, to the contrary, in any wise, notwithstanding. | Persons sued for penalties inflicted by this act may be ruled to give special bail. |
| III. And whereas it is represented to this general assembly, that new inspections of tobacco are necessary to be established in the town of Dumfries, in Prince William county; on the lots of Walter Boyd, merchant, numbered 50 and 51, in the town of Blandford, in the county of Prince George; at Tatham's landing, on Guilford river, in the county of Accomack; at Persimon point, on Currioman bay, upon the land of Philip Ludwell Lee, esq; in the county of Westmoreland, under one inspection with Nomony; and at Town Point, in the town and county of Norfolk: Be it therefore enacted by the authority aforesaid, That from and after the first day of October next, new warehouses shall be erected on the lots numbered 171 and 172, the property of John Murray, in the said town of Dumfries; in the town of Blandford, in the county of Prince George, on the lots of the said Walter Boyd; at Tatham's landing, on Guilford's river, in the county of Accomack; at Persimon point, on Currioman bay, upon the land of Philip Ludwell Lee, esq; in the county of Westmoreland; and at Town Point, in the town and county of Norfolk; and it shall and may be lawful for the courts of the said counties of Prince William, Prince George, Accomack, Westmoreland, and Norfolk, respectively, to order and direct the respective proprietors of the said lots and lands, to erect, build, and completely finish, by or before the first day of October next, such and so many string, close and substantial houses, as shall be sufficient to contain at least a thousand hogsheads of tobacco, at the said inspection at Dumfries; fifteen hundred hogsheads at the said inspection at Boyd's; two hundred hogsheads at the said inspection at Tatham's landing; eighty hogsheads at the said inspection at Persimon point; and fifty hogsheads at the said inspection | New Inspections. |
| at Town point, in Norfolk; and to secure the said houses in the manner before directed, by the said act of assembly. And the said courts respectively shall also take bonds, with sufficient securities, in reasonable penalties, payable to his majesty, and to his heirs and successors, with conditions for the faithful building of such houses. And for more effectually securing the tobacco brought to the public inspections, in this colony, the several courts of the counties, in which any warehouse is or shall be established, shall, at the time the inspectors are required by law to render an account of the quantity of tobacco received at the several warehouses, enter an order that the owner or proprietor of such warehouse shall (where the same is not already done) provide houses sufficient to contain at least two thirds of the tobacco mentioned in such inspectors account, and secure the same in the like manner as is directed by the before recited act, a copy of which order shall be served on the owner or proprietor, his or her guardian, husband, attorney or agent, as the case shall be; and if such owner or proprietor, his or her guardian, husband, attorney or agent, shall fail to appear at the next succeeding court after such notice, and enter in to bond, with sufficient security, in a reasonable penalty, payable to his majesty, his heirs and successors, with a condition for the due performance of the same, then it shall and may be lawful for the said court, and they are hereby required, to cause such houses to be made and built as aforesaid, and shall certify the charge thereof to the treasurer of this colony for the time being, who is hereby directed and required to pay the same out of the public money in his hands, arising from the inspection of tobacco, and shall take and receive of the inspectors so much of the rents of the said warehouses, when they become due, as will be sufficient to reimburse the public such charges. | County court shall order proprietors of warehouses to provide
such as will contain two thirds of the tobacco appearing by the inspectors accounts to be
received there; And proprietors failing, shall caused them to be built, at the public expence, to be reimbursed out of the warehouse rents. |
| IV. And be it further enacted, by the authority aforesaid, That the notes of the several warehouses hereafter mentioned shall pass in payment of all levies, quit-rents, and officers fees, payable in the counties following, that is to say, of the warehouses, at Milner's, Warrisqueak Bay, Smithfield, and Gray's creek, in the county of Brunswick; at Osborne's, Page's, Crutchfield's, and Meriwether's, in the county of Buckingham; at Quantico and Dumfries, in the counties of Culpeper and Orange; at Kennon's and Swineyard's, in the county of | In what counties the notes of the several warehouses shall pass in payment of levies, &c. |
| Prince George; at Denbigh, in the county of Elizabeth city; the notes of the warehouses at Fredericksburg, Royston's, Falmouth, Dixon's Acquia, Quantico, Dumfries, Colchester, Pohick, Hunting creek, and Potowmack falls, in the counties of Hampshire, Frederick, and Loudoun; of the warehouses at Cabin point, in the county of Dinwiddie; at Falmouth and Dixon's, in the county of Orange; at Page's, Crutchfield's, Shockoe's, Byrd's, Rocky Ridge, John Bolling's, Blandford, Osborne's, Warwick, Falmouth, Dixon's, Fredericksburg, and Royston's, in the counties of Augusta and Botetourt; and in Pittsylvania all notes shall pass in payment of levies and officers fees, which pass in payment in the county of Halifax; and the notes at Dumfries, in the counties where the notes at Quantico, and the notes at Boyd's where the notes at Blandford are payable. | |
| V. And be it further enacted, by the authority aforesaid, That an additional salary of ten pounds each, be paid to the inspectors at Blandford warehouse, and fifteen pounds each, to the inspectors at Milner's. | Inspectors salaries increased. |
| VI. And whereas many and great inconveniencies have arisen from inspectors undertaking to deliver tobacco, the property of others, in their warehouses, without order from the proprietors of the same: Be it enacted, by the authority aforesaid, That from and after the passing of this act, if an inspector shall presume to deliver any tobacco, in his warehouse, without order from the owner or proprietor of such tobacco, every inspector so offending, and being thereof duly convicted, in the court of the county wherein he officiates, is declared incapable of serving forever after as an inspector in this colony; and moreover shall be liable to the penalty of five pounds for every hogshead of tobacco so as aforesaid delivered, without order of the owner or proprietor thereof, to be recovered by such owner, or proprietor, if he shall prosecute within three months after the offence committed, or if he declines the prosecution, then, after that time, by any person who shall inform or sue for the same, by action of debt, bill, plaint, or information, in any court of record within this dominion. And if any inspector shall deliver any transfer receipts, or notes of credit for tobacco, to any person or persons, unless at the time of delivering such receipts, or notes, he shall have actually and bona fide received and passed tobacco, the property of him or them, in whose name or names such notes shall be made out, to the full amount | Penalty on inspector delivering tobacco without owner's order; And delivering transfer receipts, &c. without having received and passed the tobacco. |
| of the quantity therein specified, every inspector so offending, and being duly convicted, shall be disabled from serving as an inspector, and moreover forfeit five pounds, for every such fictitious note, to any person who will sue for the same, recoverable by action of debt, in any court of record: And upon every prosecution against any inspector for the said offence, the proof of his innocence shall lie upon himself. | |
| VII. And be it further enacted, That the several inspections established at Stratford landing, in the county of Westmoreland, at Guilford, in the county of Accomack, at Kemp's landing, in the county of Princess Anne, and Great Bridge, in the county of Norfolk, at Walkerton, in the county of King and Queen, and Waller's, in the county of King William, and at Totaskey, in the county of Richmond, from and after the first day of October next, be discontinued. | Inspections discontinued. |
| VIII. And be it further enacted, That there shall be paid to each of the inspectors appointed to attend, and attending at the warehouses herein after mentioned, the salary following, to wit, at Bray's church, in the county of King George, twenty-five pounds; at Layton's and Micou's, in the county of Essex, under one inspection, thirty pounds; at Bermuda Hundred, in the county of Chesterfield, and four mile creek, on both sides, in the county of Henrico, under one inspection, thirty pounds; at the Brick-House, twenty-five pounds; at Beckwith's and Cat point, under one inspection, thirty pounds; at Conway's, thirty-five pounds; at Colchester thirty-five pounds; at Constance's twenty-five poonds; at the College and Capitol landings, under one inspection, twenty-five pounds; at Deacon's neck twenty-five pounds; at Dixon's forty-five pounds; at Eastermost river twenty-five pounds; at Gloucester town twenty-five pounds; at Gibson's and Morton's, under one inspection, thirty-five pounds; at Hunting creek thirty-five pounds; at Indian creek and Dymer's, under one inspection, thirty pounds; at Kennon's and Swineyard's, under one inspection, thirty-five pounds; at Kemp's twenty-five pounds; at Littlepage's and Waddy's, under one inspection, thirty-five pounds; at Mantapike and Quarles's, under one inspection, thirty-five pounds; at Mattox and Machotick, under one inspection, | Salaries of inspectors. |
| thirty-five pounds; at Noble's twenty-five pounds; at Nomony and Persimon point, under one inspection, thirty pounds; at Poropotank twenty-five pounds; at Quantico sixty pounds; at Royston's fifty pounds; at Shepard's and Turner's, under one inspection, thirty pounds; at Sleepy Hole and Wilkinson's, under one inspection, twenty-five pounds; at Urbanna twenty-five pounds; at Wiccocomico thirty-five pounds; at Yeocomico and Rust's, under one inspection, thirty-five pounds; at Byrd's seventy pounds; at Aylett's and Todd's, under one inspection, forty pounds; at Pitt's and Tatham's landing, under one inspection, twenty-five pounds; at Dumfries sixty pounds; at Town point, in Norfolk, twenty pounds; at Cave's twenty pounds; at Boyd's sixty pounds; at Bollingbrooke seventy pounds. | |
| IX. And be it further enacted, That for the rents of the several warehouses, except those, the rents whereof are fixed at certain sums, there shall be paid and allowed ten pence for every hogshead of tobacco received and inspected at, and delivered out of such warehouse respectively. | Rents of warehouses. |
| X. And be it further enacted, by the authority aforesaid, That the several inspectors of the public warehouses, shall annually, on or before the tenth day of November, instead of the tenth day of October, make up their accounts at the public treasury, upon oath, pay to the treasurer of this colony for the time being, appointed by or pursuant to an act of the general assembly, all monies received, or which ought to be received, by them, by virtue of the said recited act, except the money paid for nails, for every hogshead of transfer tobacco, in the manner and under the penalties prescribed by the said act. | When inspectors to settle with treasurer. |
| XI. And be it further enacted, That so much of the said act, made in the seventh year of his present majesty's reign, intituled 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, as impowers the courts of the several counties of Surry, Prince George, Dinwiddie, Chesterfield, Henrico, Hanover, Spotsylvania, King George, and Prince William, to direct what number of hands shall be kept by the inspectors, at the respective warehouses, in the said counties, for turning up, opening, and securing tobacco, and intitles such inspectors to an | Part of act concerning the number of
hands to be employed by inspectors, repealed. |
| allowance of fifteen pounds annually for each hand, so directed and by them employed, above the number of two, be and the same is repealed. | |
| XII. And whereas the penalties inflicted on persons who shall tend seconds for tobacco, are judged sufficient to restrain that practice, and the tobacco levied for the constables, as a reward for their viewing tobacco fields, in order to discover whether slips or suckers are turned out or tended, is an unnecessary burthen upon the country: Be it therefore [further] enacted, by the authority aforesaid, That so much of an act of assembly made in the third and fourth years of the reign of his late majesty king George the second, intituled An act repealing the act for the better and more effectual improving the staple of tobacco, and for the better execution of the laws now in force against tending seconds, and for the further prevention thereof, and so much of another act passed in the tenth year of the reign of is said late majesty, intituled An act to prevent cutting up tobacco suckers, as directs the several constables to view all tobacco fields within their respective precincts, to discover whether suckers or slips of tobacco are turned out or tended, and which directs the justices of the county courts to levy for the constables one pound of tobacco per titheable, for such their services, be, and the same are hereby repealed. | Part of acts concerning constable's duty in, and allowance for viewing tobacco fields, repealed. |
| XIII. And be it further enacted, That no inspector of tobacco, by himself, or any person for him, be allowed to keep an ordinary, or house of entertainment, at or near the warehouse where he is an inspector; and every inspector herein offending, shall be incapable of serving in that office. | Inspectors not to keep ordinary at or near the warehouse. |
| XIV. And be it further enacted, by the authority aforesaid, That all transfer tobacco, to be delivered out of any warehouse hereafter, shall weigh at least one thousand pounds nett tobacco, any law, custom, or usage, to the contrary thereof, in any wise notwithstanding: And that this act shall continue and be in force from and after the first day of October next; and that the said recited act, as to so much thereof as is [not] contrary to this act, shall continue and be in force from the said first day of October, one thousand seven hundred and seventy-one, for and during the term of two years and no longer. | Transfer tobacco, delivered out of warehouse, to weigh 1000 lbs. nett. |
| Pages 295-304
| Pages 326-348
|