Pages 326-348 
|  Pages 368-389
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| Pages 326-348
| Pages 368-389
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| CHAP. XIV. | ||
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| I. WHEREAS there remains a large balance due to the public from the estate of John Robinson, esq. late treasurer of this colony, for which judgement is entered in the general court, and it is expedient the same should be speedily paid, to effect the redemption of the treasury notes, now remaining in circulation; but if an execution should be levied on his estate, as a sale must be made for ready money, it is apprehended the same would yield very little; and it is judged most for the advantage of the public, as well as of the private creditors of the said John Robinson, and the securities for his due execution of the office of treasurer, to direct a sale of his estate upon credit: 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 Edmund Pendleton and Peter Lyons, gentlemen, surviving administrators of the said John Robinson, or the survivor of them, shall, within six months from the passing of this act, fairly sell and dispose of all the lands, slaves, goods and chattels, and other estate of which the said John Robinson died seized and possessed, for all the interest which the said John Robinson had therein, or which he might lawfully part with, except the dower, of Susanna Robinson, his widow, upon twelve months credit, for the best price that can be had, and convey the same to the purchaser or purchasers in fee simple, who shall thereafter respectively hold the same, discharged of the title of the said John Robinson, and his heirs, and all claiming under him. | Recital of debt due from John Robinson,
esq. late treasurer. His estate real and personal to be sold by his administrators on credit. | |
| II. Provided always, and be it further enacted, That the said Edmund Pendleton and Peter Lyons shall, upon every such sale, take bond of the buyer or buyers, with good and sufficient security, to pay the purchase money at the end of twelve months, and shall therein recite that the money is due for part of the said estate so purchases; and if the money shall not be paid | Terms of sale. |
| according to the condition of such bond, it shall be lawful for the general court, or the court of the county where the obligors, or any of them reside, upon the motion of the said Edmund Pendleton and Peter Lyons, or either of them, to give judgement for the money mentioned in such bond, with interest from the day of payment, and costs, and thereon to award execution, provided such obligors, their executors, or administrators, or such of them against whom judgment shall be so entered, have ten days previous notice of such motion. And upon any execution, on such judgment, the sheriff or officer shall not take any sureties to have the goods forth coming at the day of sale, or for the payment of the money at a future day, but shall levy the same immediately; and for his direction herein the clerk shall endorse upon every such execution, that no security is to be taken. | Summary remedy against purchasers. |
| III. And be it further enacted, by the authority aforesaid, That the money to be raised, by virtue of this act, shall be accounted for by the said Edmund Pendleton and Peter Lyons, and after deducting the expences of sale and collection, shall be paid to Robert Carter Nicholas, esq; treasurer of this colony, or to the treasurer for the time being, appointed by or pursuant to an act of assembly, to be by him applied towards the redemption to the treasury notes, and accounted for to the general assembly, until the balance due from the estate of the said john Robinson to the public, with the interest thereof, is fully paid and discharged; and when that is done, the surplus, if any, shall be applied in a legal course of administration of the said estate. And whereas part of the said John Robinson's lands are subject to the dower of Mrs. Elizabeth Chiswell; and if that dower should be laid off, and if the dower of the said Susanna Robinson should be assigned in each particular tract of land, it might prejudice the sales thereof, and it would be beneficial to the public, and enhance the sale if the said Edmund Pendleton and Peter Lyons, were allowed to compound for the said dowers: | Proceeds of sale, how accounted for. |
| IV. Be it therefore further enacted, by the authority aforesaid, That the said Edmund Pendleton and Peter Lyons shall have full power and authority to make any contract or contracts with the said Elizabeth Chiswell and Susanna Robinson, or either of them, for procuring their respective releases of dower in any of the lands of the said John Robinson, in which they are severally | Administrators authorised to contract with Mrs. Chiswell, and Mrs. Robinson for their dower. |
| intitled to such dower, either by allotting them, and either of them, certain tracts of land in lieu of dower in the whole, or by allowing them the ususal proportion of the money for which the lands shall sell, as to them shall appear just and equitable; and the said Edmund Pendleton and Peter Lyons shall be allowed in their accounts all money by them so contracted for and paid. | ||
| V. Saving to the king's most excellent majesty, his heirs and successors, and to all and every other person and persons, bodies politic and corporate, their respective heirs and successors, other than the heirs and devisees of the said John Robinson, all such right, title, and interest, as they, every or any of them, could or might claim if this act had never been made. | ||
 CHAP. XV. | ||
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| I. WHEREAS the acts of assembly made for the inspection of pork, beef, flour, tar, pitch, and turpentine, have been found defective: 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 first day of April next, every barrel containing tar, pitch or turpentine, shall be made in the following manner, to wit, the heads and bulge shall be round, and the heads shall not exceed one inch and a half, nor be less than one inch thick, the staves shall be of an equal length, and not less than three fourths of an inch thick, and no sap-pine timber shall be in the barrels made for turpentine, and the barrels shall be well bound with good hoops, at least two thirds of their length, and shall contain thirty-two gallons and a half, wine measure, at least. | In what manner barrels for tar, &c. shall be made, and how much they shall contain. | |
| II. And be it further enacted, That every inspector shall distinguish on the head of every barrel of turpentine, and in his certificate, whether the same be dipped, | Duty of inspectors. |
| scraped, or a mixture of both, and shall likewise stamp or brand on every barrel of tar, pitch, and turpentine, by him refused, that the same hath been refused, together with his name, and shall demand and receive from the owner thereof the same allowance as if the same had passed inspection. | |
| III. And be it further enacted, That every inspector who shall pass any barrel of tar, pitch, or turpentine, contrary to the directions of this act, or shall refuse to stamp, brand, or give such certificate for turpentine, or neglect to stamp or brand such tar, pitch, or turpentine, as is herein before directed, when the same shall be refused, he shall forfeit and pay the sum of twenty shillings for every barrel of tar, pitch, or turpentine, which shall be found not duly qualified, or of less contents than this act requires; to be recovered in the same manner as in the said acts are directed: | Penalty upon inspectors for breach of duty. |
| IV. And be it further enacted, That every barrel containing beef or pork, shall be made of good white oak timber, well seasoned, and clear of sap, and not less than three fourths of an inch thick; and every cooper, and the master or owner of every servant or slave, who shall set up, or expose to sale, any barrel for pork, beef, tar, pitch, or turpentine, contrary to the directions of this act, or neglect to brand or stamp the same as in the said acts directed, shall forfeit and pay the sum of two shillings and six pence for every such barrel, recoverable by the informer before a justice of peace: And that so much of the said acts as is within the purview of this act be, and the same is hereby repealed. | Barrels for beef, &c. how to be made. Penalty upon coopers, making them otherwise, &c. Repealing clause. |
| CHAP. XVI. | ||
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| I. WHEREAS an act of assembly made in the third year of his present majesty's reign, intituled An act for establishing pilots, and regulating their fees, which was continued by another act of assembly made in the seventh year of the reign of his said majesty, will expire the twentieth day of April next; and it being found expedient that the said act should be continued for the purposes therein mentioned: 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 and every clause and article thereof, shall be and continue in force from and after the twentieth day of April next, for and during the term of three years, from thence next following, and no longer. | Act concerning pilots continued. | |
| CHAP. XVII. An act for preventing and suppressing private Lotteries. | ||
| I. WHEREAS many pernicious games, called Lotteries, have been set up in this colony, which have a manifest tendency to the corruption of morals, and the impoverishment of families; and whereas such pernicious practices may not only give opportunities to defraud the honest and industrious, but may be productive of all manner of vice, idleness, and immorality, and against the common good and welfare of the community: 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 of the same, That from and after the first day of May next, | Recital. |
| no person or persons whatever, shall, on his own account, or that of another, either publicly or privately, set up, erect, make, exercise, keep open, shew, expose, or cause to be played at, drawn or thrown at, any such lotteries, or shall procure the same to be done, either by dice, lots, cards, tickets, or any other numbers or figures, or any other way whatever; and every person or persons herein offending, shall forfeit and pay to the parish, for the use of the poor of such parish, where such offence shall be committed, the whole of the sum or sums to be raised by such lottery; to be recovered by action of debt, or information, in any court within this colony. | No person shall set up a Lottery. under a penalty. | |
| CHAP. XVIII. | ||
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| I. WHEREAS the act of assembly made in the twenty-second year of the reign of his late majesty George the second, intituled An act concerning Strays, hath been found ineffectual to answer the purposes for which it was intended; and great frauds have been committed, under colour of the said act, by ill disposed people, in taking up and concealing stray horses from the knowledge of the proprietors, and afterwards advertising them by false and imperfect descriptions so as to make them their own property, under pretence of pursuing the directions of the said act: 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, intituled An act concerning Strays, shall be, and the same is hereby repealed, and made void, to all intents and purposes. | Recital. 22 Geo. II. (1748) Cap. 36 of the edit. in 1769, repealed. |
| II. And be it further enacted, by the authority aforesaid, That every person within this colony and dominion, who shall hereafter take up any stray horse, mare, or colt, shall immediately carry the same before some justice of the peace of the county where such stray shall be taken up, and make oath before such justice that the same was taken up at his plantation or place of residence in the said county, and that the marks or brands thereof have not been altered since the taking up; and then such justice shall take a particular and exact description in writing of the marks, brands, stature, colour, and age, of such horse, mare or colt, together with the name of the taker-up, and his place of abode, and such justice is required immediately to issue his warrant to three disinterested freeholders of the neighbourhood, who, after taking an oath before him for that purpose, shall view and appraise such stray; which description and valuation shall, by such justice, be transmitted to the clerk of the court of such county in twenty days after the same is taken, who shall enter the same in a book, to be by him kept for that purpose. And the taker-up shall pay to the clerk ten pounds of tobacco for making such entry, to be paid and collected in the same manner as his other fees are by law directed to be collected. And every person who shall hereafter take up any neat cattle, sheep, hog, or goat, shall cause the same to be viewed by a freeholder of the county where the same shall happen, and shall immediately go with such freeholder before a justice of the said county and make oath before him that the same was taken up at his plantation or place of residence in the said county, and that the marks or brands of such stray have not been altered since the taking up; and then such justice shall take from the said freeholders, upon oath, a particular and exact description of the marks, brand, stature, colour, and age, of every such neat cattle, and the mark and colour of every such sheep, hog, or goat, and such justice shall, in like manner, issue his warrant for the appraisement of such stray; which description and valuation shall, in like manner, be transmitted by such justice to the clerk of his county, to be by him entered in the aforesaid book; and the taker-up shall pay such clerk five pounds of tobacco for every head of neat cattle, and three pounds of tobacco for every sheep, hog, or goat, so entered, to be paid and collected as aforesaid; and every such clerk shall moreover | In what manner stray horses, &c. taken up, shall be viewed, appraised, registered, & advertised; |
| cause a copy of every such description and valuation to be publicly affixed at the court-house of his county, on two several court days next after the same shall be transmitted to him. And for a reward for taking up there shall be paid by the owner five shillings for every horse, mare, colt, or head of neat cattle, and one shilling for every sheep, hog, or goat. | |
| III. And be it further enacted, by the authority aforesaid, That if no owner shall appear after notice twice published at the court-house, as aforesaid, the property thereof shall immediately, after such publication, be vested in the taker up, where the valuation is under twenty shillings. | Where they shall be vested in the taker up. |
| IV. Provided nevertheless, That the former owner thereof shall, at any time afterwards, have it in his option to demand and recover such stray, or the valuation money, deducting the reward for taking up, and the clerk's fees. And where the valuation amounts to twenty shillings; the taker up shall, within one month after such appraisement, send to the printer a particular description of such stray or strays, together with the name of his county, and place of residence, certified by the clerk of his said county, to be advertised three times in the Virginia Gazette, for which the printer may demand and take two shillings for every horse, mare, colt, or head of neat cattle, mentioned in such advertisement for the first, and one shilling for every advertisement thereafter, and no more; and one shilling for every sheep, hog, or goat, so advertised. And if no person shall claim such stray or strays, within six months after such publication, the property shall be vested in the taker up: But it shall and may be lawful for the former owner, at any time afterwards, upon proving his property, and paying the reward for taking up, and the clerk's and printer's fees, to demand and recover such stray or strays, or the valuation money, at the option of the said former owner. And every person taking up any stray horse, mare, or colt, and failing to carry the same immediately before some justice as aforesaid, or if any other stray, failing to cause a particular description thereof to be given to a justice, in manner aforesaid, in three days after taking up the same, or failing to send a description thereof to the printer, certified by the clerk within the time, and according to the directions of this act, or making use of any such stray before the same shall be appraised, as aforesaid, shall, for every | Or may be reclaimed by the owner. Stray valued to 20 s. shall be advertised in the Virginia Gazette; And may be recovered owner paying valuation, &c. Taker-up failing to carry stray before a justice, &c. or using it, subject to penalty, |
| such offence, forfeit and pay to the informer the sum of ten pounds, to be recovered, with costs, in any court of record, wherein the same shall be cognizable; and moreover shall be liable to the action of the owner of such stray or strays, and, upon conviction, shall pay double damages. | And liable to action of owner. |
| V. And be it further enacted, by the authority aforesaid, That if any person whatsoever, whether he be a freeholder, tenant for years, or otherwise, shall take up any boat, or other vessel, adrift, he shall, in like manner, cause the same to be viewed by some freeholder of the county where the same shall be taken up; and shall immediately go with such freeholder before some justice of the county, and make oath when and where the same was taken up, and that the marks thereof have not been altered or defaced since the taking up; and then such justice shall take from such freeholder, upon oath, an exact description of such vessel, and the burthen and built thereof, and thereupon the like proceedings shall be pursued, and the taker up shall be entitled to the same rewards, and be subject to the same penalties, fines, and forfeitures, to be recovered and appropriated in the same manner as are herein before directed, prescribed, and appointed, with respect to stray horses. | Proceedings in case of vessel adrift, taken up. |
| VI. Provided always, That if, after notice published, as aforesaid, any stray shall happen to die, or get away, before the owner shall claim and prove his or her right, the taker up shall not be answerable for the same. And if any person, not being a freeholder, or tenant by lease for the term of three years at least, shall presume to take up any stray, or if any such freeholder or tenant for years shall take up any such stray, at any other place than on his own plantation, or at his place of residence, he or she shall, for every offence, forfeit and pay to the informer the sum of twenty shilling, recoverable, with costs, before any justice of the county where the offence shall be committed: And upon failure of payment, or giving security for payment, within ten days after conviction, every such offender shall, by order of such justice, receive twenty lashes on his or her bare back, well laid on. | Stray dying, &c. before claim, taker up not answerable. Who may not take up a stray, without being subject to penalty. |
| VII. 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. XIX. | ||
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| I. WHEREAS by an act of the General Assembly made in the twenty-second year of his late majesty George the second, intituled An Act directing the trial of slaves committing capital crimes, and for the more effectual punishing conspiracies and insurrections of them, and for the better government of negroes, mulattoes, and Indians, bond or free, the county courts within this dominion are impowered to punish outlying slaves who cannot be reclaimed, by dismembering such slaves, which punishment is often disproportioned to the offence, and contrary to the principles of humanity: 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 it shall not be lawful for any county court to order and direct castration of any slave, except such slave shall be convicted of an attempt to ravish a white woman, in which case they may inflict such punishment; any thing in the said recited act, to the contrary, notwithstanding. | Assented to. Castration of a slave, except for attempt to ravish a white women, unlawful. | |
| II. And whereas the act passed in the fifth year of his present majesty's reign, intituled An Act to amend the act for the better government of servants and slaves, as to so much thereof as relates to the method of taking up and proceeding with runaway servants and slaves, is found ineffectual, and it is necessary that the same should be further amended: | ||
| III. Be it therefore enacted, by the authority aforesaid, That from and after the commencement of this act, the taker up of every runaway servant or slave, who shall discover the name of his or her master or owner, shall immediately carry such servant or slave before a justice of peace of the county where such servant or slave shall be taken up, to be examined; and if thereupon, and upon the oath of the taker up, such servant or slave appears to be a runaway, the justice shall grant the taker up a certificate of his having made such oath, reciting his or her proper name and sirname, the county of his or her residence, the name of the runaway, the proper name and sirname of his or her owner, and | Taker up of runaway, to carry him before a justice. who shall grant a certificate. |
| the county where he or she resides, the time and place when and where the runaway was taken up, and the distance of miles, in the judgment of the justice, from the place of residence of the owner, or from the house or quarter where the runaway was usually kept, and upon delivery of such runaway, and producing the certificate as aforesaid, the taker up shall be entitled to a reward of ten shillings for taking up, and sixpence per mile, mentioned in the certificate, to be paid by the owner; and upon such owner's neglecting or refusing to pay the said reward, the taker up may sue for and recover the same, with costs, either by warrant before a single justice, where the reward shall not exceed twenty-five shillings, or, where the reward shall exceed that sum, by a petition or action, as the case may require, in any court of record within this colony. | Reward of taker up; how to be recovered. |
| IV. Provided always, and be it further enacted, by the authority aforesaid, That the taker up shall have it in his option either to convey such runaway to the owner or overseer of the plantation where such runaway is usually kept, as aforesaid, or to carry him or her to gaol; and in the latter case, the justice shall issue his warrant, directed to the sheriff or gaoler to the county wherein the runaway is taken up, commanding him to receive such runaway into his custody, and to commit him or her to prison, and the sheriff or gaoler shall give the taker up a receipt for the body of such runaway, which receipt the taker up producing to the justice, the justice shall thereupon grant his certificate to entitle the taker up to the reward aforesaid, for taking up and conveying such runaway; and the sheriff or gaoler shall forthwith cause notice of such commitment, with a description to the runaway, to be advertised in the Virginia Gazette three weeks; and if no owner shall appear, at the expiration of two months from the time of the commitment, such runaway shall be conveyed to the public gaol, according to the directions of the act passed in the twenty-seventh year of his late majesty George the second, intituled An Act for the better government of servants and slaves. | Taker up may convey runaway to owner, &c.
to carry him to gaol. Sheriff, or gaoler, by justice's warrant, to commit runaway, and give receipt, and advertise in the Gazette. Runaway advertised, not claimed, to be sent to Public Gaol, &c. according to 27 Geo II [1753] cap. 2, of the edit. in 1769. |
| V. Provided also, That if the owner or overseer of such runaway shall be an inhabitant of the county where such runaway is taken up, the taker up shall, in that case, convey and deliver him or her to the owner or overseer as aforesaid, and shall not be at liberty to carry | Runaway to be carried to owner, &c. resident in the county where taken up. |
| such runaway to the gaol of the county, as is before directed. | |
| VI. And be it further enacted, by the authority aforesaid, That before any runaway shall be delivered out of custody of the sheriff or gaoler, the person claiming such runaway shall pay down the reward aforesaid, for taking up, and the charge of advertising, with the fees for keeping and maintaining the runaway, as the same are now settled by law; and every sheriff or gaoler receiving the reward aforesaid for taking up, and refusing or neglecting to pay the same, the taker-up and refusing or neglecting to pay the same, the taker-up may recover the same, with costs, by warrant, before a single justice, where the reward shall not exceed twenty-five shillings, or where the reward shall exceed that sum, then by petition or action, as the case may require, in any court of record within this colony. | Reward for taking up, &c. to be paid to sheriff, &c. recoverable by taker up. |
| VII. And be it further enacted, by the authority aforesaid, That where such runaway servant or slave cannot or will not declare the name of his or her owner, the same proceedings shall be pursued as are directed by the last recited act of assembly. | How runaway, not declaring his name to be dealt with. |
| VIII. And whereas many owners of slaves, in consideration of stipulated wages to be paid by such slaves, licence them to go at large, and to trade as freemen, which is found to be a great encouragement to the commission of thefts and other evil practices by such slaves, in order to enable them to fulfil their agreements with their masters or owners: For prevention whereof, Be it further enacted, by the authority aforesaid, That from and after the commencement of this act, if any master or owner of a slave shall licence such slave to go at large, and trade as a freeman as aforesaid, the master or owner shall forfeit and pay the sum of ten pounds current money, for the use of the poor of that parish where such slave shall be found going at large, and trading as aforesaid, to be recovered by the church-wardens by action of debt, in any court of record within this dominion. And if after conviction such slave shall be found so going at large, and trading, the master or owner shall again be liable to the like penalty, to be recovered and applied as aforesaid, and so as often after conviction as such slave shall be found so going at large, and trading. | Master licencing slave to go at large, and trade, subject to penalty. |
| IX. And be it further enacted, by the authority aforesaid, That so much of the said recited act, intituled An act to amend the act for the better government of servants | Part of 5 Geo. III. cap. 9, repealed. |
| and slaves, concerning the apprehending and conveying such runaway servants and slaves, and paying for the same, as is contrary to this act, shall be, and the same is hereby repealed and made void. | ||
| X. 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. XX. | ||
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| I. WHEREAS it is represented to this general assembly, by sundry inhabitants of the counties of Albemarle and Fauquier, that they were formerly well supplied with fish from the Rivanna and Hedgman rivers; but that they are now deprived thereof by several mill-dams, whereby the passage of fish up the said rivers is in a great measure obstructed: 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 owner or proprietor of all and every mill-dam already erected, in either of the said rivers, shall before the first day of March, which shall be in the year one thousand seven hundred and seventy-one, make a gate or slope in or to their respective mill-dams, which said gate or slope shall be ten feet wide, and the length of the said slope shall be at least three times its height, and shall be kept open during the months of March, April and May, in every year. And if such owner or proprietor shall neglect or refuse so to do, within the times aforesaid, every such owner or proprietor shall forfeit and pay the sum of twenty shillings, for every twenty-four hours, he aor they shall so neglect or refuse; one moiety to our sovereign lord the king, his heirs and successors, for the use of the poor | Gates, &c. to be in mill-dams, &c. for
passage of fish, of certain dimensions; when to be kept open; Penalty for neglect. |
| of the parish or parishes where the offence shall be committed, 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 colony and dominion. | |
| II. And be it further enacted, by the authority aforesaid, That if any person or persons shall hereafter erect or raise any mill-dam, in either of the rivers above-mentioned, every such person or persons shall make or leave the like opening or slope in the same, as is herein before directed; and in case of neglect or failure, shall be subject and liable to the same penalty and forfeiture as the owners or proprietors of mill-dams already erected in the said rivers, are by this act subjected and made liable to; to be recovered and appropriated in the manner above-mentioned. | |
| III. And whereas it hath been further represented, that divers unfair practices have prevailed of erecting fish-dams, hedges, and other stops, in the said rivers, and of extending and fixing seines and drags across the same: Be it therefore enacted, by the authority aforesaid, That every owner or proprietor of lands on the said rivers shall, before the first day of March aforesaid, abate and throw down such fish-dams, hedges, and other stops, as may have been heretofore erected adjacent to their respective lands; and that it shall not hereafter be lawful for any person to erect, or cause to be erected, in either of the said rivers, any fish-dam, hedge, or other stop, or to fix any seine or drag across the same. And if any owner or proprietor of lands, or any other person, shall fail to abate and throw down any such fish-dam, hedge, or stop, already erected, in either of the said rivers adjacent to their lands as aforesaid, or shall hereafter erect, or cause to be erected, any fish-dam, hedge, or other stop therein, or shall fix any seine or drag across the same, every such person so offending, shall forfeit and pay for every such offence the sum of twenty pounds; to be recovered and appropriated as is above directed. And if, after any recovery of the penalty last mentioned, such offender shall fail forthwith to abate and throw down such fish-dam, hedge, or other stop, erected, or to be erected, in either of the said rivers, that then, and so from time to time till the same shall be abated and thrown down, he shall be and continue subject to the like penalties and forfeitures; to be recovered and appropriated in the same manner. | Fish-dams, &c. to be abated, and not after erected, &c. Penalty. |
| CHAP. XXI. An act for encouraging the making Hemp. | |
| I. WHEREAS the making good and merchantable hemp fit for exportation, will be not only beneficial to the inhabitants of this colony, but also, by the supply of such naval stores, advantageous to the navigation and commerce of Great-Britain: To the end therefore, that the makers thereof may have suitable encouragement, 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 there shall be paid to the person and persons who shall make, or cause to be made, within this colony, hemp, winter or water-rotted, dry, bright and clean, a reward of four shillings for every gross hundred of hemp, made as aforesaid. | Bounties for hemp; |
| II. And be it further enacted, by the authority aforesaid, That any justice of peace, or constable of any county, wherein hemp shall be made, may, and shall, upon application of the maker or owner thereof, truly weight all such hemp as to hm or them shall be offered, and desired to be weighed, and shall give a certificate to the county court of the true quantity so weighed, and the name of the maker or owner thereof, for which such justice, or constable, shall have and receive of such maker or owner five shilling per ton, and so proportionably for a greater or less quantity; which certificate being produced to such county court, and oath made before them, by the maker or owner, that the hemp therein mentioned was duly weighed, and that, at the time the same was so weighed, it was winter or water rotted, dry, bright and clean, and made upon his or her plantation, in such county, or on what plantation the same was made, that he nor any other person for him hath obtained a certificate, or received a reward or premium for the same, the clerk of such court shall certify the same to the governor or commander in chief of this dominion, for the time being, who upon the party's producing such certificate, is hereby empowered and desired to issue his warrant to the treasurer of this colony for the payment of such sum or sums as shall appear to be due, by virtue of this act. And the clerk of every | How to be obtained; |
| county court shall have and receive and receive as a fee for all services done by him, in pursuance of this act, the sum of two shillings and six pence, and no more. And if any person whatsoever shall take a false oath, in obtaining a certificate, whereby to intitle him or herself to any premium or reward given by this act, he or she so offending, and being thereof convicted, shall forfeit and pay four times the money obtained by means of such false oath, to the informer, to be recovered, with costs, by action of debt or information, in any court of record where the same shall be cognizable, and moreover shall suffer as for wilful and corrupt perjury. | |
| III. And be it further enacted, by the authority aforesaid, That the treasurer of this colony, for the time being, shall be, and is hereby authorized and required, out of any public monies intitled thereto, such sum and sums of money as shall be to them ordered, by warrant from the said governor or commander in chief, to him directed for the bounties aforesaid, from time to time, in pursuance of this act, to be allowed to the said treasurer upon passing of his accounts in the general assembly. | And by whom paid. |
| IV. Provided always, That the rewards for hemp shall not exceed the sum of four thousand pounds. | Not to exceed 4000 l. |
| CHAP. XXII. An act for encouraging the making Wine. | |
| I. WHEREAS the climate, soil, and natural productions of this colony, make it very probable that the most delicious wines might be made here, and it is certain the introduction of so valuable an article would bring great riches to the people, and give a very favourable turn to the commerce of the mother country; and it appears that Andrew Estave, a native of France, is acquainted with the culture of vines, and hath offered to undertake the management of a vineyard, from which the public may receive great advantage: 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 honourable William Nelson, and Thomas Nelson, esquires, Peyton Randolph, Robert Carter Nicholas, Lewis Burwell, Dudley Digges the younger, John Blair the younger, Severn Eyre, and George Wythe, esquires, shall be, and they are hereby nominated and appointed trustees for the purposes herein after expressed; that is to say, that the said trustees, or the major part of them, as soon as the same can well be done, shall purchase a piece of land, not exceeding one hundred acres, fit for the culture of vines, and as conveniently situated to the city of Williamsburg as may be, on which shall be built a dwelling-house of such dimensions as they shall think proper; and shall likewise purchase three negro men slaves, to be worked on the said land, under the direction and management of Andrew Estave, for the sole purpose of cultivating vines, and making wine therefrom; and the treasurer of this colony, for the time being, shall, and he is hereby empowered and required, out of the public money in his hands, to pay upon the governor's warrant to the said trustees, a sum not exceeding four hundred and fifty pounds, to be laid out as aforesaid. And to render the purposes of this act as effectual as possible. | Trustees for purchasing a vineyard, &c. and slaves; to be under the management of A. Estave. |
| II. Be it further enacted, by the authority aforesaid, That the said trustees are hereby required to procure three poor boys, to be bound apprentices to the said Andrew Estave, who shall enter into covenants to teach them the art of cultivating vines, and making wine; and they the said trustees shall have power, from time to time, to consider the conduct of the said Andrew Estave, in discharge of the trust hereby reposed in him, and, if they shall be dissatisfied, therewith, to remove him from the said land, and to possess themselves of the said slaves. | |
| III. And be it further enacted, by the authority aforesaid, That if the said Andrew Estave shall make or cause to be made on the said land, within six years from the tenth day of November next, the quantity of ten hogsheads of good merchantable wine, in the opinion of the said trustees, or the major part of them, that then, and in that case, the said trustees shall and may, and they are hereby empowered and directed to convey | And to be conveyed to him on a certain condition. |
| to the said Andrew Estave the said lands and slaves, to hold to him and his heirs forever, as a reward for so useful an improvement. | ||
| IV. And be it further enacted, by the authority aforesaid, That in case of the death or resignation of any of the trustees, the survivors of them shall elect and choose another able and discreet person to act in the room of such trustees so dying, or resigning, who shall have the same power as any other trustee nominated or appointed by this act. | Provision for a succession of trustees. | |
| CHAP. XXIII. | ||
| ||
| I. WHEREAS an act of Assembly was passed this present session of Assembly, intituled An Act to amend an act, intituled An Act for inspecting pork, beef, flour, tar, pitch, and turpentine, which was to commence and be in force from and after the first day of April last, which act is now in force, and it is found by experience to be very prejudicial to great numbers of persons, makers of tar, pitch and turpentine, who had made barrels, and filled them with those commodities before that time, and had not an opportunity to get them inspected before the commencement of the said act: 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 execution of the said act of Assembly be, and the same is hereby suspended till the first day of January next. And whereas it is found very difficult and useless to make the staves of tar, pitch, turpentine, and pork barrels of the thickness directed by the said act, and the size of the said tar, pitch, and turpentine barrels, is larger than is necessary: | Recital. 10 Geo. III. cap. 15, suspended for a time. |
| II. Be it therefore further enacted, by the authority aforesaid, That from and after the said first day of January next, the staves of every barrel containing pork, beef, tar, pitch, and turpentine, shall be of the thickness prescribed by the said act, except at the bulge and head of the said barrels, which shall be at least five eighths of an inch thick, and the said tar, pitch, and turpentine barrels, shall contain thirty-two gallons, wine measure, at least; any thing contained in the said act to the contrary thereof, in any wise, notwithstanding. | Size of the staves of pork barrels, &c. Contents of tar barrels, &c. | |
| CHAP. XXIV. | ||
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| I. WHEREAS his majesty has been graciously pleased to direct that the regulations of the Indian trade for the future shall be committed to the care and management of the colonies: And whereas it is conceived, that the good purposes thereby intended cannot be fully answered, without the eco-operation of the several legislatures of the neighbouring colonies concerned therein: For obtaining whereof, 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 Richard Bland, Patrick Henry, and Thomas Walker, esquires, be, and they are hereby appointed, commissioners on the part of the colony of Virginia, and fully authorized and impowered to meet and confer with such commissioners as are, or shall be, appointed by the several legislatures of the colonies of Quebec, New-York, New Jersey, Maryland, Pennsylvania, | Repealed by proclamation, Sep. 25, 1771. (MS. note.) Commissioners to confer with commissioners of Quebec, &c. and agree on a plan for regulating the Indian trade; |
| and the three lower counties on Delaware, to agree on a general plan for the regulation of the Indian trade. | |
| II. And be it further enacted, by the authority aforesaid, That the said commissioners for the colony of Virginia, or such of them as shall meet the commissioners appointed, or to be appointed, for the said neighbouring colonies, shall, with all convenient speed, after such meeting, or meetings, make full and perfect report, or reports, of such regulations or plan as they shall agree upon, in conjunction with such other commissioners as are, or may be, appointed by the legislatures of the said neighbouring colonies, to the governor and Assembly of this dominion, for the time being, in order that a proper law or laws may be passed, if the said report or reports shall be by them approved. | To make report of their proceedings; |
| III. And be it further enacted, by the authority aforesaid, That provision shall be made for paying the reasonable expences which shall accrue on the part of this colony, in performance of the service aforesaid, when the amount thereof shall be known, by some future act or acts of Assembly, to be passed for that purpose. | And to be allowed their expences. |
| Pages 326-348
| Pages 368-389
|