Pages 305-325 
|  Pages 349-368
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| Pages 305-325
| Pages 349-368
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| CHAP. III. | |||
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Royal assent proclaimed April 3, 1771 (MS note.*) | ||
| I. WHEREAS by an act of general assembly made in the twenty-second year of the reign of his late majesty king George the second, intituled An act declaring the law concerning executions, and for relief of insolvent debtors, it was among other things enacted, that if the owner of goods and chattels taken by any sheriff, or other officer, by virtue of a writ of fieri facias, should give sufficient security to such sheriff, or officer, to have the same goods and chattels forth coming at the day of sale, it should be lawful for such sheriff, or other officer to accept the security, and suffer the goods and chattels to remain in the possession, and at the risque of the debtor, until the time aforesaid: but in case the debtor refused to deliver up the goods and chattels accordingly, no remedy was therein provided for the creditor or officer, who being therefore obliged to commence a new suit on such bond, was compellable, on serving another fieri facias again, to accept security, to have the estate taken forth coming, and might be thereby prevented from ever recovering the debt: For remedy herein, | Recital. | ||
| II. 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 if the owner of any goods or chattels which shall be taken by any sheriff, or other officer, by virtue of a writ of fieri facias, shall tender sufficient security to have the same goods and chattels forth coming at the day of sale, it shall be lawful for the sheriff or officer to take a bond from such debtor and securities, payable to the creditor, reciting the service of such execution, and the amount of the money or tobacco due thereon, and with condition to have the goods or chattels forth coming to the day of sale, appointed by such sheriff or officer, and shall thereupon | Forthcoming bonds, when and how taken. | ||
 * This note is in the hand writing of Thomas Jefferson, esq. late President of the United States. |
| suffer the said goods and chattels to remain in the possession, and at the risque of the debtor until that time. | |
| III. And be it further enacted, That if the owner of such goods or chattels shall fail to deliver up the same, according to the condition of the bond, or pay the money or tobacco mentioned in the execution, such sheriff or officer shall return the bond to the office of the clerk of the court from whence the execution issued, to be there safely kept, and to have the force of judgment, and thereupon it shall be lawful for the court where such bond shall be lodged, upon motion of the person to whom the same is payable, his executors or administrators, to award execution for the money and tobacco therein mentioned, with interest thereon from the date of the bond, till payment and costs, provided the obligors, their executors or administrators, or such of them against whom execution is awarded, have ten days previous notice of such motion; and upon such execution, or on any execution awarded, on a bond to replevy an estate taken by a former execution, the sheriff or officer shall not take any security, either to have the goods forth coming at the day of sale, or for the payment of the money at a future day, according to the further directions of the said recited act, but shall levy the same immediately, and keep in his hands the goods and chattels, taken thereupon, until he shall have sold sufficient thereof to raise the money and tobacco mentioned in the execution, or the same be otherwise satisfied; any thing in the said recited act to the contrary nothstanding. And for the better direction of such sheriff or officer, the clerk shall endorse upon every such execution, that no security of any kind is to be taken. And for settling what fees the sheriffs or other officers shall receive for executing writs of Distringas upon judgments, in actions of detinue, or attachments on decrees in chancery for the payment of money: | Proceedings on such bonds. Execution, how awarded. No security to be endorsed. |
| IV. Be it further enacted, That the sheriff or officer for executing any such writ of distringas, or attachment on such decree, shall be intitled to the same fee or commissions upon the amount of the value of the goods and chattels recovered, or money mentioned in such decree, as is by law allowed for serving any other execution. | Fees for serving distringas, or attachment, in chancery. |
| V. And be it further enacted, by the authority aforesaid, That every coroner, before he shall be at liberty to serve any writ of execution, shall, in the court of his | Coroner to give bond, &c. for faithful executing office; |
| county, enter into bond, with good and sufficient security, payable to our lord the king, in the penalty of five hundred pounds, with condition for the true and faithful execution of his office; and if such coroner shall thereafter make return upon any writ of fieri facias, or venditioni exponas, that he hath levied the debt, damages, and costs, as in such writ is required, or any part thereof, and shall not immediately pay the same to the party to whom it is payable, or his attorney, or shall return upon any writ of capias ad satsifaciendum, or attachment for not performing a decree in chancery, for payment of money or tobacco, that he hath taken the body of the defendant or defendants, and hath the same ready to satisfy, the money and tobacco in the said writ mentioned, and shall actually have received such money or tobacco of the defendant or defendants, or have suffered him, her, or them, to have escaped, with his consent, and shall not immediately pay such money or tobacco to the party to whom the same is payable, or his attorney, that then, or in either of the said cases, it shall be lawful for the court, from whence such writ issued, upon the motion of the creditor, to give judgment against such coroner, his executors or administrators, for the amount of the money and tobacco therein mentioned, and costs, and thereon to award execution; provided such coroner, his executors or administrators, have ten days previous notice of such motion; and upon such execution no security for payment of the money or tobacco therein mentioned at a future day, or to have the goods forth coming at the day of sale, shall be taken or received; and the clerk shall endorse thereon that no security of any kind is to be taken. | not paying money levied by execution, or suffering defendant to escape, judgment & execution may be awarded against him, on motion. |
| VI. And be it further enacted, That when execution shall issue against the estate of any sheriff, or under sheriff, or their securities, upon a judgment obtained against such sheriff, or under sheriff, and securities, for money or tobacco received by such sheriff, or under sheriff, by virtue of any execution, or process levied or executed by him, or them, or for any money collected or received by them, in any manner as sheriffs, no security for payment of the money or tobacco mentioned in such execution at a future day, or to have the goods forth coming at the day of sale, shall be taken or received; but the officer taking such estate in execution, shall proceed immediately to the sale thereof, notwithstanding | Estate of sheriff, &c. taken in execution upon judgment for money levied &c. not repleviable. |
| such security shall be tendered; and for the better direction of such officer, the clerk issuing such execution shall endorse thereon, that no security of any kind is to be taken. | |
| VII. And for the more speedy relief of insolvent debtors, Be it further enacted, by the authority aforesaid, That when any person shall be committed to gaol in execution, in any suit commenced or prosecuted in any county court, and shall have remained in prison twenty days, it shall be lawful for any justice of such court, by warrant under his hand and seal, to command the gaoler or keeper of the said prison to bring before the said court, if sitting, or if not sitting, before any two justices of the said court, at their county court-house, on a certain day, to be appointing in such warrant, the body of such person so in prison, together with a list of the several executions with which he or she shall stand charged in the said gaol, of which day, so appointed in the said warrant, reasonable notice shall be given to the creditor or creditors, his or their executors, administrators, or agents, at whose suit or suits such prisoner shall be in execution, in manner herein after directed, which warrant sch gaoler is hereby required to obey; and every such prisoner coming before the said court, or justices, as the case shall be, shall subscribe and deliver, in a schedule of his whole estate, and take the same oath as is prescribed by one act of assembly, intituled An act declaring the law concerning executions, and for relief of insolvent debtors, which schedule being so subscribed, shall be by the justices, when taken out of court, returned to the clerk of the court, there to remain for the better information of the creditors; and after delivering in such schedule, and taking such oath, such prisoner shall be by warrant from such court, or two justices, as the case shall be, discharged from his imprisonment, and the gaoler shall be indemnified, in like manner as in the said act is directed. | Insolvent debtor in execution how to be
discharged: See 22 Geo. II. chap. 8, sect. 24. [ ch. 12. sect. 24.] |
| VIII. Provided always, That notwithstanding such discharge, it shall be lawful for any creditor or creditors, at whose suit such insolvent prisoner was imprisoned, at any time afterwards to sue our a writ of Scire Facias, to have execution against any lands or tenements, goods or chattels, which such insolvent person shall thereafter acquire or be possessed of. | His lands, &c. notwithstanding discharge, liable to execution. |
| IX. And be it further enacted, by the authority aforesaid, That all the estate contained in such schedule, and any other estate which may be discovered to belong to the prisoner, for such interest therein as such prisoner hath, and may lawfully depart withal, shall be vested in the sheriff of the county, to be by him sold, and the money paid and disposed of as in the said act is directed; but for as much as the schedules to be subscribed, and delivered in by insolvent debtors, may often contain articles of money and tobacco due to such debtors, and goods, chattels and estates, in the possession of others, which cannot be recovered without new suits, and the sheriffs may decline commencing such suits, on account to the trouble and expence in which they may be involved, whereby such debts, goods, chattels, and estates may be lost to the creditors: For remedy herein, | His estate how to be disposed of, Sect. 25. |
| X. Be it further enacted, by the authority aforesaid, That when any insolvent debtor shall be discharged, pursuant to this, or to the act above mentioned, or according to the directions of the act above mentioned, or according to the directions of an act of assembly made in the twenty-seventh year of the reign of king George the second, intituled An act for reducing the several laws made for establishing the general court, and for regulating and settling the proceedings therein into one act of assembly, and the schedule subscribed and delivered in by such prisoner, shall contain articles of money or tobacco due to such prisoner, or of goods, chattels or estates, to him belonging, and in the possession of any other, in that case the clerk of the court with whom such schedule is directed to remain, shall immediately issue a summons against each of the persons named as debtors in the said schedule, and against such others as are therein said to have possession of any goods, chattels or estate of the property of the prisoner, reciting the sum of money, or quantity of tobacco, he or she is charged with, or the particular goods, chattels or estates said to be in his possession, and requiring him or her to appear at the next court, and to declare on oath whether the said money or tobacco, or any part thereof, be really due to such prisoner, or whether such goods, chattels or estates, or any of them be really in his or her possession, and are of the property of such prisoner; and if the person so summoned shall fail to attend according to such summons, or to shew good | His estate in possession of, or due from
others, how recoverable. 27 Geo. II. (1753) Cap. I. Sect. 31. |
| cause for his non-attendance, it shall be lawful for the court to enter judgment against every such person, for the money, tobacco, goods, chattels or estates, in such schedule mentioned, together with costs of suit, a lawyer's fee excepted. And if any such person, so summoned, shall appear and be sworn, judgment shall be entered for so much of the money, tobacco, goods chattels or estates, as he or she shall acknowledge to be due, or to be of the property of such prisoner, and in his possession, with costs as aforesaid, which judgments shall be entered in the name of the sheriff, who may thereupon proceed to levy executions, as in other cases, and to dispose of the money, tobacco, goods, chattels or estates, so recovered, in the same manner as by the said acts he is directed to dispose of the other effects. | |
| XI. Provided always, That where any such garnishee shall not acknowledge the whole money or tobacco to be due, or all the goods, chattels, and estates, mentioned in the schedule, to be of the property of the prisoner, and in his possession, the sheriff or such prisoner, at any time after (unless barred by any of the several acts, limiting the times for the commencement of actions) shall be at liberty to claim the residue, by legal process; and the former judgment, as to such garnishee, shall be no farther a bar in such process, than for so much money or tobacco, or such goods, chattels, and estates as the garnishee is thereby ordered to pay or deliver. | Not barred, by judgment against garnishee for part, from claiming the residue. |
| XII. And be it further enacted, by the authority aforesaid, That every sheriff shall be allowed to retain out of the effects of such insolvent debtor, before the distribution thereof, all reasonable expences, in recovering such money, tobacco, goods, chattels, and estates as aforesaid, including such fee to a lawyer, for the proceeding against the garnishees, as shall be judged reasonable by the court; and if such effects be not sufficient, he shall be reimbursed such expences by the creditor, or creditors if more than one, in proportion to their demands. | Allowance to sheriff out of the estate. Or if that is not sufficient, to be paid by the creditors. |
| XIII. And whereas it is unreasonable that sheriffs should be obliged to go out of their counties, to give notice to creditors at whose suit any person may be in custody of such sheriff, or to pay money levied by executions: Be it further enacted, That where any execution shall be delivered to the sheriff of any other county than that wherein the creditor resides, such creditor | Creditor not resident in the county to which execution is
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| shall name some person resident in the county where the execution is to be levied, to be his, her, or their agent, fro the particular purpose of receiving the money on such execution, and for giving to and receiving from the sheriff nay notices which may be necessary relating thereto; and payments made and notices given to such agent, shall be as effectual as if made or given to the creditor. And if any creditor shall fail to appoint such agent, no judgment shall be entered against the sheriff for non-payment of the money or tobacco mentioned in such execution, unless a demand thereof shall have been first made of such sheriff, in his county, by the creditor or some other person having a written order from him: Nor in case of failure, in appointing such agent, shall the sheriff or prisoner be obliged to give notice previous to the discharge of such prisoner, either for want of security for his prison fees, or upon his taking the oath of an insolvent debtor as aforesaid; but such prisoner may be discharged in those cases respectively, without any notice to be given to the creditor so failing. | sent, to appoint an agent there for receiving the money, &c.
failing to appoint an Agent, not to recover judgment against sheriff for non-payment, without previous demand &c. nor to have notice before discharge of debtor for want of security for prison fees, &c. | ||
| XIV. Provided always, That the execution of this act shall be, and the same is suspended until his majesty's approbation thereof shall be obtained. | |||
 CHAP. IV. | |||
|
Royal assent proclaimed, April 3, 1771. | ||
| I. WHEREAS very great and unjust delays have arisen, from the suing out writs of replevin, in cases of goods distrained for rent, contrary to the true intent and meaning of the act of the general assembly made in the twenty-second year of the reign of his late majesty, intituled An act for the better securing the payment of rents, and preventing the fraudulent practices of tenants: For remedy whereof, Be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority | Recital. 22 Geo. II. (1748) Cap. 10. of the edi. in 1769. |
| of the same, That from and after the passing of this act, before any writ of replevin shall be granted, in case of goods and chattels distrained for rent, the person or persons praying such writ shall enter into bond, with one or more sufficient securities, in the clerk's office, in the penalty of at least double the value of the rent distrained for, and costs of suit, to perform and satisfy the judgment of the court in such suit, in case he, she, or they, shall be cast therein; and if upon the trial of such suit it shall be found that the rent distrained for, was justly due, the party injured or delayed by suing forth the said writ, shall recover against the party suing forth and prosecuting the same, double the value of the rent in arrear, and distrained for, with full costs of suit; to be recovered in the same manner as judgments are by law recovered, on executing a writ of Fieri Facias, where the clerk is directed to endorse on the back of the writ no security is to be taken. | Goods distrained for rent, not to be replevied without bond and
security. Rent being found due, party delayed by the replevin, to recover double value with costs. |
| II. And be it further enacted, by the authority aforesaid, That where any person shall suggest that the goods distrained, are his or her property, and not the property of the tenant, nor held in trust for the use of the tenant in any manner whatsoever, and that the same in his or her opinion are not liable to such distress, he or she giving bond and security, in manner herein before directed, may sue out a writ of replevin for such goods, but not otherwise; and in case the person or persons suing out the said writ shall be cast in such suit, judgment shall be given against him for double the value of the rent in arrear, and distrained for, with full costs as aforesaid. And for the more speedy determination of all such writs of replevin. | Person other than the tenant, may sue out a writ of replevin, and, if cast, judgment shall be given against him for double value, and costs. |
| III. Be it further enacted, by the authority aforesaid, That every such writ shall be returnable to the next court after the same shall be issued; and such court shall, at their next sitting after the return, cause an issue to be made up therein, which shall be tried at the following court, without waiting for its turn in the order of priority in regard to other suits. | Suits in replevin to be speedily tried. |
| IV. Provided always, That this act shall not extend to prevent the replevying goods or chattels distrained for rent, where the tenant shall give bond and security for payment thereof at the end of three months, in the manner directed by the abovementioned act. | Not to extend to replevins on giving bond to pay in 3 months. |
| V. Provided also, That judgment shall and may be recovered on such last mentioned bond, in the same manner as on bonds taking [taken] upon executing a writ of Fieri Facias. | whereon judgment to be in the same manner as on bond upon executing Fi' Fa'. | |
| VI. Provided always, That the execution of this act shall be, and the same is hereby suspended until his majesty's approbation thereof shall be obtained. | Suspending clause. | |
| CHAP. V. | ||
| ||
| I. WHEREAS the act of Assembly made in the thirtieth year of the reign of his late majesty, king George the second, intituled An Act for reducing the several acts of Assembly for making provision against invasions and insurrections into one act, and which was continued by two other acts made in the third and seventh years of his present majesty's reign, will expire on the eighth day of June next; and it being necessary and expedient that the said act should be further continued, 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 the said act of Assembly made in the thirtieth year of his said late majesty's reign shall continue and be in force, from and after the said eighth day of June next, for and during the term of three years and no longer. |
| CHAP. VI. | ||
| ||
| I. WHEREAS the act of Assembly made in the thirty-second year of the reign of his late majesty, king George the second, intituled An Act for reducing the several acts for laying a duty upon liquors into one act, which was continued by three other acts of Assembly, made in the first, fifth and seventh years of his present majesty, will expire on the twentieth day of June, one thousand seven hundred and seventy; and it is necessary that the same should be further continued, with amendments: 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 so much of the first recited act of Assembly as imposes a duty of one penny per gallon on beer and ale imported into this colony, be, and the same is hereby repealed, and made void. And that from and after the passing this act, no person importing money into this colony, in the manner prescribed by the said first recited act, for the payment of the duties on liquors thereby imposed, shall have any abatement ore allowance on the said duties, unless the said duties, if bonded agreeable to the directions of the said act, shall be punctually and bona fide paid, to the collector of the same, at the time limited in the condition of the bond given to secure the payment thereof; any law, custom or usage, to the contrary, in any wise, notwithstanding. | Recital. Part of 32 Geo. II. repealed. Importer of money not to be allowed an abatement on duties bonded, unless they be paid at the time limited by the condition. | |
| II. And be it further enacted, by the authority aforesaid, That the penny imposed by the said recited act upon every gallon of wine, rum, brandy and other distilled spirits, and appropriated to the relief of the college of William and Mary, shall be paid half yearly, by the treasurer of this colony for the time being, unto the visitors and governors of the said college, to be applied and disposed of for the founding professorships, scholarships, and such other good uses, for the better support of the said college, as by the said visitors and governors shall, from time to time, be directed and appointed, | The 1d. per gallon upon rum, &c. for the college, to be paid to the visitors, and be applied to founding professorships, &c. |
| and not otherwise; and shall be by them accounted for to the General Assembly; any thing in the said recited act to the contrary, notwithstanding. | |
| III. And be it further enacted, by the authority aforesaid, That this act, together with the said recited acts, except so much thereof as is altered or repealed hereby; shall continue and be in force from and after the said first day of June, one thousand seven hundred and seventy, for and during the term of three years, and no longer. | Continuance. |
| CHAP. VII. An Act for, continuing certain acts of Assembly, imposing duties on Slaves. | |
| I. WHEREAS an act of Assembly made in the twenty-fifth year of the reign of his late majesty, king George the second, intituled An Act for reviving the duty upon slaves, to be paid by the buyers, for the term therein mentioned, which was continued by two other acts of Assembly made in the twenty-seventh and thirty-second year of the reign of his present majesty, and by one other act made in the seventh year of the reign of his present majesty, and one other act of Assembly made in the thirty-third year of the reign of his late majesty king George the second, intituled An Act to oblige persons bringing slaves into this colony from Maryland, Carolina, and the West-Indies, for their own use, to pay a duty for the term therein likewise mentioned, which was continued by one other act of Assembly made in the seventh year of his present majesty's reign, will expire on the twentieth day of April next; and it being found expedient that the said recited acts should be continued, for the purposes ses therein mentioned. | |
| II, 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 the said recited acts of Assembly, and every clause and article thereof, shall be, and continue in force from | Acts continued for 3 years from 20th of April 1770. |
| and after the twentieth day of April next, for and during the term of three years thence next following, and no longer. | |
| III. Provided always, and be it further enacted, by the authority aforesaid, That the said duties shall be collected and paid, according to the directions of the said recited acts, to Robert Carter Nicholas, esq; treasurer, or the treasurer of this colony for the time being, appointed by or pursuant to an act of Assembly; any thing, in the said recited acts, to the contrary, in any wise, notwithstanding. | Duties to be paid to treasurer for the time being. |
| CHAP. VIII. An act for laying an additional duty upon slaves, imported into this colo- colony. | |
| I. WHEREAS it is found expedient by this present general assembly, that an additional duty should be laid upon all slaves imported or brought into this colony, to be paid by the buyers: 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 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, 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 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. | Additional duty of ten per centum, on slaves imported; to be paid, &c. as the other duties; |
| II. And be it further enacted, that the said duty be, and the same is hereby appropriated for and towards defraying the contingent charges of this government, and to and for such other use and uses as the general assembly, from time to time, shall direct and appoint. | appropriated to defraying contingent charges. | |
| 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. | Suspending clause. Continuance. | |
| CHAP. IX. | ||
| ||
| I. WHEREAS the act of 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 four acts in the first, third, seventh, and eighth years of his present majesty's reign, will expire on the twelfth day of April next; and it being necessary that the same should be further continued: 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 the said recited acts shall continue and be in force from and after the said twelfth day of April next, for and during the term of two years, and no longer. | 19 Geo. II. (1743) Cap. I. of the edit on 1769. |
| CHAP. X. | ||
| ||
| I. WHEREAS by an act of the general assembly, passed in the twenty-seventh year of the reign of his late majesty George the second, the inhabitants of the counties of Halifax and Bedford, were allowed to pay all officers fees at twelve shillings and six pence per hundred on the nett tobacco, and by an act passed in the thirty-second year of the reign of his said late majesty George the second, the inhabitants of the county of Loudoun were allowed to discharge all officers fees, payable in the said county, in money, for tobacco at the rate of twelve shillings and six pence per hundred; and by an act passed in the first year of his present majesty's reign, the inhabitants of the counties of Frederick, Augusta, and Hampshire, were allowed to pay all officers fees at the rate of eight shillings and four pence for every hundred weight of gross tobacco; and by an act passed in the seventh year of his present majesty's reign, the inhabitants of Pittsylvania were allowed to pay all officers fees at twelve shillings and six pence per hundred; and by an act passed this present general assembly, the inhabitants of the county of Botetourt are allowed to pay all officers fees at the rate of eight shillings and four pence for every hundred weight of gross tobacco; and forasmuch as the inhabitants of the other counties, within this colony, are by law compellable to pay the fees due from them, to the respective officers of the said counties of Halifax, Bedford, Loudoun, Frederick, Augusta, Hampshire, Pittsylvania, and Botetourt, in tobacco or money at the rate of two pence per pound, altho' upon judgments obtained by them against the inhabitants of the before mentioned counties, they are obliged to receive money for the tobacco fees taxed upon such judgments, according to the rates by which the same are payable in the said counties respectively, which is unequal and unjust. | Recital. 10 Geo. III. cap. 40 |
| II. 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 from and after the passing of this act, it shall and may be lawful for all and every person or persons to pay all fees due from them to the respective officers of the said counties of Halifax, Bedford, Loudoun, Frederick, Augusta, Hampshire, Pittsylvania, and Botetourt, in money for tobacco, according to the rates the inhabitants of the said counties respectively are by law allowed to pay the same; any law, to the contrary thereof, in any wise, notwithstanding. | Tobacco fees due to officers of several counties, payable in money at certain rates: |
| III. And be it further enacted, by the authority aforesaid, That when any inhabitant of the said counties of Halifax, Bedford, Loudoun, Frederick, Augusta, Hampshire, Pittsylvania, or Botetourt, shall recover in any action or suit brought by them against whom judgment shall be obtained in such action or suit, may pay and discharge all the tobacco fees, taxed upon the judgment in such action or suit, at the same rate the plaintiff in such action or suit is intitled to discharge the same; any law, custom, or usage, to the contrary thereof, in any wise, notwithstanding. | recovered by party to be discharged at the same rate as plaintiff is intitled to discharge them. |
| CHAP. XI. An act for laying a Public Levy. | |
| I. 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 nine pounds of tobacco be paid by every tithable, within this dominion, for the defraying and payment of the public charge of the country, being the public levy from the sixth day of November, one thousand seven hundred and sixty-six, to the seventh day of November, one thousand seven hundred and sixty-nine; and that it be paid by the collectors of the several counties to the several persons and counties respectively, to whom it is proportioned by this general-assembly. And if it shall happen that there shall be more tithables in any | Taxes, or public levy, for 1769. |
| county than the present levy is laid on, then such county shall have credit for so much to the use of the county, and if fewer tithables in any county, then such county shall bear the loss. | |
| II. Provided always, That where any allowance is made in the book of proportions to any county, to be paid in the same county, no more per poll shall be collected from the tithables of such county, than will discharge the balance, after such allowance shall be deducted; and that every county court shall regulate the levy accordingly. | |
| III. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, at the court of his county, to be held in the months of February or March next, give bond and security for the due collection and payment of the public levy, now laid and assessed. And whereas there are several balances due to the public from the following counties, to wit, from the county of Accomack six thousand seven hundred and forty, from the county of the Isle of Wight ninety-nine, from the county of Lancaster fourteen thousand one hundred and seventy-seven, from the county of Middlesex three hundred and fifteen, from the county of Northumberland six thousand and ninety-seven, from the county of Northampton fifteen thousand three hundred and forty-two, from the county of Richmond nine hundred and nineteen, from the county of Surry twelve thousand seven hundred and sixty-three, and from the county of Sussex seven thousand five hundred and twenty-six pounds of tobacco, as appears by the book of proportions. | Sheriffs to give bond. |
| IV. Be it further enacted, by the authority aforesaid, That the sheriff of each of the said counties above mentioned, shall, where the depositum in his hands shall amount to one thousand pounds of tobacco, after giving one months notice in the Virginia Gazette, sell the respective quantities of tobacco levied in his county as a depositum, for the use of the public, to the highest bidder, at the court of his county, to be held in the months of July or August next, provided a court, be then held, if not, at the next succeeding court, on credit till the twenty-fifth day of October following; and shall take bond, with sufficient security, payable to the treasurer of this colony for the time being, and shall transmit the same to the said treasurer within one month after such sale: And if any such buyer shall neglect |
| or refuse to pay the money, on the bonds aforesaid, when the same shall become due, it shall and may be lawful for the general court, or the court of the county where such buyer resides, on a motion to them made by the treasurer of this colony for the time being, to give judgment on the said bonds, and thereon to award execution; provided such buyer and his securities, his and their heirs, executors or administrators, have ten days previous notice: And where the depositum shall be less than one thousand pounds of tobacco, the sheriff shall in the month of July or August, at his county court-house, sell such tobacco for ready money, and immediately pay the same to the treasurer aforesaid; which monies shall be accounted for by the said treasurer to the general assembly. | |
| CHAP. XII. An Act for the better support of the contingent charges of government. | |
| I. WHEREAS it hath been judged expedient, in compliance with his majesty's requisition, made to this house of burgesses, in this present session of Assembly, to vote the sum of two thousand five hundred pounds sterling towards defraying the expences of running a line between this colony and the Cherokee country, and moreover to direct an application to be made to his majesty to permit copper money to be imported to this colony, to the value of two thousand five hundred pounds sterling, and pass for the greater conveniency of change in small payments: 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 as soon as his majesty's ultimate resolution shall be known, in regard to the boundary to be established between this colony and the Cherokee Indians, Robert Carter Nicholas, esq; treasurer of this colony, or the treasurer for the time being, appointed by or pursuant to act of assembly, shall, out of the public money in his hands, from time to time, pay to such person or persons as he shall be | Recital. Expences of negotiating with Indians for establishing a boundary, |
| directed by warrant from the governor or commander in chief for the time being, so much money as shall be necessary to defray the expences of the negociation, and running the line aforesaid, so as the whole sum to be paid on that occasion, doth not exceed the sum of two thousand five hundred pounds sterling. | not exceeding 2500 l. sterling, to be paid by treasurer. |
| II. And be it further enacted, by the authority aforesaid, That if his majesty shall be graciously pleased to permit copper money to be brought in, and pass in this colony, the said treasurer shall, at the public expence, cause so much of such copper to be purchased in Great-Britain as at the rates, at which it doth pass there, will amount to two thousand five hundred pounds sterling, and to be imported into this colony; and shall pay the same away at the British rates to any person having legal demands against the treasury, in such proportions as is directed by an act of assembly, made in the first year of the reign of king George the second, intituled An act for the better regulating and ascertaining the current rates of silver coin within this dominion, and for preventing the evil practice of cutting foreign gold into pieces; or the said treasurer may exchange such copper at the rates aforesaid for other money, with any person desiring such exchange; and such copper money shall thereafter be current, and pass in payment in this colony, according to the directions and limitations in the said last mentioned act. And whereas, besides the money aforesaid, there are large sums of money due from the public to several persons in this colony, as appears by their different claims, settled and allowed by this present general assembly; and several other considerable sums will shortly become due to different persons for large quantities of tobacco lately damaged and destroyed in the public warehouses; which several sums of money, by reason of the deficiency of the public fund, cannot be raised by the duties already imposed; and it hath been found by experience that the taxes on process, ordinary licences, and wheel-carriages, and additional duty on slaves, the laws for imposing which will expire on the fourteenth day of February next, and a tax on tobacco made and shipped, are easy to the people, and not so burthensome as a poll tax: | Copper money to be imported with his majesty's permission; payable at certain rates. |
| III. Be it therefore further enacted, That from and after the said fourteenth day of February next, there shall be levied and paid to our sovereign lord the king, | Duties on slaves, |
| his heirs and successors, for all slaves imported, or brought into this colony for sale, either by land or water, from any part or place whatsoever, by the buyer or purchaser, after the rate of five per centum on the amount of each respective purchase, over and above the duty already laid upon slaves as aforesaid; which said additional duty shall be paid, collected, and accounted for, in such manner, according to such rules, and under the like penalties and forfeitures, as are mentioned, prescribed, and appointed, for the paying, collecting, and accounting for, the duty already raised, and imposed upon slaves imported, by the several acts of assembly now in force, and made for that purpose; and that every article, rule and clause, contained in the said acts, concerning the paying, collecting, and accounting, for the said former duty, shall be used, exercised, and put in practice, for collecting, paying, and accounting for the said duty hereby imposed, in the same manner as if the same articles, rules, and clauses, were inserted in this act: And moreover a duty of twenty shillings for every coach, charriot, and other four wheeled carriage (waggons excepted) and ten shillings for every chair, and two wheeled chaise, shall be paid by the owner or proprietor thereof, on or before the tenth day of April yearly; and that every such owner or prprietor, at the time he delivers a list of his tithables to the justice appointed to take the same yearly, shall deliver a list of each and every such carriage under the like penalty, and to be recovered in the same manner as is directed by the act of assembly in the case of concealing tithables; which said duty shall be collected by the sheriff from each respective person within his county who hath inlisted, or ought, under the act now in force, to have inlisted, or shall hereafter inlist such wheel carriages; and in case of non-payment such sheriff may levy the same by distress, in like manner, as he is by law directed to distrain for levies and other public debts; and every such sheriff shall, on or before the twenty-fifth day of October yearly, account with, upon oath, and pay to the treasurer aforesaid, the several sums by him received upon such lists, deducting five per centum for his trouble in collecting and paying the same: And the courts of each county in this colony shall, at the time of swearing a grand jury for such county, in the month of November yearly, particularly give it in charge to such jury, to enquire who have failed | Carriages. |
| to deliver lists of their wheel carriages as aforesaid, and upon the presentment of any grand jury for such offence, it shall and may be lawful for the court to order a summons to issue for the offender to appear at the next court, to answer such presentment, and shall not admit of any exception or pleading to the form or manner thereof, but shall proceed to trial without the formality of a jury, and give judgment therein, according to the very right of the cause; and if the party summoned fails to appear, the court may give judgment for the penalty for such offence, according to law: Also a duty of twenty shillings for every ordinary licence, to be paid down by the person obtaining the same to the clerk of the court where such licence shall be granted, and two shillings and six pence for every original writ or writs in any action or suit at common law, and subpœna or subpœnas in any suit in chancery in the general court, and for every summons on any petition for lapsed lands, and for every caveat entered in the secretary's office; and one shilling and three-pence for every such writ or subpœna in the county or other inferior court; to be paid down by the plaintiff in such suit to the clerk of such court before such writ, subpœna or summons, shall be issued, or caveat entered; to be taxed in the bill of costs; and, together with the duties upon ordinary licences, shall be accounted for upon oath, and paid by such clerk to the said treasurer, in the months of April and October yearly, deducting after the rate of five per centum for his trouble in receiving, accounting for, and paying the same: Also a further duty of one shilling and sixpence per hogshead for every hogshead of tobacco passed and delivered out of the several warehouses in this colony, to be shipped after the first day of January next, to be paid by the owner or proprietor thereof; which said duty the several inspectors at the said warehouses shall, and they are hereby impowered to collect and receive of and from the said owners and proprietors, before they deliver such tobacco out of their respective warehouses, and shall account for, on oath, and pay the same to the said treasurer, on or before the twenty-fifth day of October yearly, deducting five per centum for their trouble in collecting and paying the same. And whereas several persons, from a misconstruction of the acts now in force, have omitted to give in a list of their carriages, with their | Ordinary licences, Writs, &c. Petitions & caveats, Tobacco. |
| tithables, in the month of June last, and are thereby unwarily subjected to the penalties inflicted by the said acts for such neglect. | |
| III. Be it therefore further enacted, by the authority aforesaid, That the several persons who have failed to give in such lists, shall, on or before the first day of April next, deliver to the clerk of their respective counties a true list of all wheel carriages, of which they were possessed on the said tenth day of June, and upon delivery of such lists, such persons shall be, and they are hereby exempted and discharged from all penalties which they may have incurred for not delivering in such lists at the time aforesaid. And the said clerks of each county respectively shall forthwith deliver such lists to the several sheriffs, who are hereby impowered and required to collect and account for the taxes on the said carriages, in the same manner as if the said lists had been given in at the proper time. | |
| IV. And be it further enacted, by the authority aforesaid, That if any sheriff, clerk, or inspector, shall neglect or refuse to account for and pay the duties, according to the directions of this act, it shall and may be lawful for the general court, or the court of the county where such sheriff, clerk, or inspector, shall respectively reside, upon a motion, to give judgment against them and their securities respectively, for all the said duties so by them severally received, and thereon to award execution, provided that ten days notice be given of such motion. | Sheriff, &c. failing to account for duties, judgment to be given against him upon motion after ten days notice. |
| V. And be it further enacted, That the said treasurer shall account with the general assembly for all the monies that shall come to his hands by virtue of this act, after deducting two per centum for his salary for receiving the same. And whereas the duties aforesaid cannot be collected in proper time, to answer the present demands upon the public, before mentioned: | Treasurer to account for duties received, deducting two per centum. |
| VI. Be it therefore further enacted, by the authority aforesaid, That it shall and may be lawful for the said treasurer to issue and emit treasury notes, to answer the demands that may be made upon him for the purposes aforesaid, so as the whole amount of such notes shall not exceed the sum of ten thousand pounds; which several notes shall be printed and engraved in such form, and after such method, as the said treasurer shall judge will be most safe from counterfeits and forgeries, and shall be signed by Peyton Randolph, and John Blair, | Treasurer to issue treasury notes, not exceeding 10, 000 l.
Signers of notes. |
| jun. esquires; and in case of the death of either, before all the treasury notes shall be signed, it shall and may be lawful for the said treasurer to appoint some other person to sign notes, in the room of him so dying; which signing shall be as effectual, to all intents and purposes, as if it had been done by the persons herein named; and public notice shall be given in the Virginia Gazette of such alteration, for three weeks after the same shall take place. | |
| VII. And be it further enacted, by the authority aforesaid, That James Hubard and Peter Pelham shall be, and they are hereby appointed to overlook the press, during the printing the said notes, who shall use the best of their care and diligence that the number and amount of such notes be not exceeded, nor any fraudulent practice used by the printer, his servants, or any other person concerned therein; and shall number and deliver such notes, when printed, to the persons appointed to sign the same; and each of them, for his trouble herein, shall receive the sum of ten pounds, to be paid by the treasurer aforesaid; and the persons so appointed to sign the said notes, shall deliver them, when signed, to the treasurer, taking his receipt for the same; and the said treasurer shall be allowed one per centum upon the amount of the notes by him paid away, as his salary for paying the same. | Overlookers of the press. Their duty. and reward. |
| VIII. And be it further enacted, by the authority aforesaid, That such notes shall be payable by the said treasurer, in discharge of all legal demands which may be brought against the public, and shall pass current in this colony between such persons as shall be willing to receive the same, and shall be redeemable on the twentieth day of November, in the year of our Lord one thousand seven hundred and seventy-one, and shall then be taken in and discharged by the treasurer for the time being. | Treasury notes to whom payable.
When redeemable. |
| IX. And be it further enacted, That if any person or persons shall forge or counterfeit, alter or erase, any such treasury note, or shall tender any such note in payment to any person whatsoever, or demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every person so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy. | Counterfeiting them, &c. felony. |
| X. And be it further enacted, by the authority aforesaid, That the money to be raised by the duties imposed by this act, shall stand, be, and remain, as a security for the redemption of the said treasury notes, so to be issued; and the said Robert Carter Nicholas, treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply all such money as shall come to his hands for the said duties, for and towards the redemption of such Treasury notes, and to no other use or purpose whatsoever. | How redeemable. |
| XI. And be it further enacted, by the authority aforesaid, That so much of this act as relates to imposing, collecting and accounting for the duties aforesaid, shall continue and be in force till the twenty-fifth day of October, one thousand seven hundred and seventy-one, and no longer | Continuance. |
| CHAP. XIII. An act to prevent forging the Treasury Notes of this Colony in circulation. | |
| I. WHEREAS many great inconveniencies may arise to the public, by evil disposed people forging the treasury notes of this colony now in circulation: For preventing so bad a practice, | |
| II. 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 if any person or persons, from and after the passing of this act, shall forge or counterfeit, alter or erase, any such treasury note, although the time of redemption by law be passed, or knowing any such note to be forged, counterfeited, altered or erased, shall offer to pass the same in any payment whatsoever, such person or persons, being legally convicted of the same, shall suffer death as a felon, without benefit of clergy. | To counterfeit treasury notes after time of redemption passed, felony. |
| Pages 305-325
| Pages 349-368
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