Pages 507-526 
|  Pages 546-563
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| Pages 507-526
| Pages 546-563
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| CHAP. XXII. An act to amend an act, intituled An act directing the duty of surveyors of land. | |
| I. WHEREAS many inconveniencies have arisen from the inattention of surveyors to the variation of the magnetic needle, in resurveying lands which were formerly surveyed, when the variation was very different from what it is now, and many mistakes and much confusion may arise in comparing future surveys with the present: 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 June, in the year of our Lord one thousand seven hundred and seventy-three, every surveyor in this colony shall, | Recital. In new surveys plats to be laid down by the true, not artificial meridian, with the variation. |
| under the penalty of five pounds, return all his or their original or new surveys, and protract and lay down their plats by the true, and not by the artificial or magnetic meridian, and shall moreover express and declare, in or on the plat and return of each survey, by him or them taken or made, the true quantity or degree of the variation aforesaid, and whether it be east or west. | ||
| II. Provided always, That when any surveyor shall be called upon or ordered to resurvey any lands, that may have been surveyed before the commencement of this act, such surveyor shall or may resurvey such lands according to the present mode of surveying by the magnetic meridian, but shall, nevertheless, under the penalty aforesaid, return and certify, in his plat, the quantity or degree of the variation of the magnetic needle from the true meridian, at the time of making such resurvey, and shall also, in the said plat and return, certify (where the same can be done) the quantity or degree to variation between the original lines of such former survey from the true meridian aforesaid. | In resurveys, the present mode by the magnetic meridian may be observed, but the variation shall be certified. | |
| III. And be it further enacted, That the penalties inflicted by this act may be recovered by any person, or persons, who shall sustain any damage by the surveyor's failing to comply with the directions of this act, who will inform or sue for the same by action of debt, bill, plaint, or information, in any curt of record within this dominion. | Penalty, how to be recovered, and appropriated. | |
 CHAP. XIII. | ||
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| I. WHEREAS by one clause of an act, passed in the twenty second year of the reign of his late majesty king George the second, intituled An act declaring | Recital. |
| the law concerning executions, and for relief of insolvent debtors, it is, among other things, enacted, that where any person shall be committed to prison, for any debt or damages whatsoever, and shall not be able to satisfy and pay his or her ordinary prison fees, such of the said fees as shall become due for the first twenty days imprisonment shall be discharged by the county, which is unreasonable, and frequently occasions the imprisonment of poor and indigent persons by their creditors, who are [not] compellable, by the said act, to reimburse the county the fees due on such imprisonment: 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 said act, which directs that the prison fees, due for the first twenty days, for the imprisonment of any person committed to prison, for any debt or damages, who are not able to pay and satisfy such fees, shall be discharged by the county, be, and the same is hereby repealed. And the sheriff or gaoler may demand and receive of the party or parties, at whose suit such insolvent person shall be imprisoned, all such fees as shall become due, until the creditor shall agree to release such prisoner; and if the creditor, upon notice given to him or her, his or her attorney or agent, shall refuse to give security to the sheriff or gaoler for the payment of such prison fees, or shall fail to pay the same, when demanded, it shall and may be lawful for such sheriff or gaoler to discharge such debtor out of prison, according to the directions of the said recited acts. | So much of former act as directs prison fees to be paid by
county, repealed. Party liable for insolvent prisoner's fees; refusing to pay them, &c. Officer may discharge prisoner. |
| II. And whereas, by one other act, passed the same session, intituled An act concerning the public prison, and directing the method of appointing the keeper thereof, the keeper of the said public gaol is empowered to demand and receive of all prisoners committed to his custody by the general court, on mesne process, or in execution, the fees and allowances settled or to be settled by law, but where any such prisoner should be so poor as not to be able to maintain him or herself in prison, there should be allowed six pence per day, and paid by the general assembly, for the maintenance of such poor prisoner, which from the high price of provisions, is found to be insufficient for such maintenance, and doubts having [have] also arisen whether the public or counties are to pay the public gaoler for the maintenance |
| of such poor prisoners, who, being committed to a county gaol, are removed to the public prison by habeas corpus: Be it therefore enacted, by the authority aforesaid, That the allowance to the keeper of the public gaol, for all poor prisoners, who are unable to pay his or her ordinary prison fees, whether committed on execution, or by order of the general court, or removed by habeas corpus, shall, for the first twenty days, be paid by the public, and levied on the creditor, and that such allowance, for such poor prisoners, shall be one shilling and six pence per day. | One shilling and six pence per day for maintenance of poor imprisoned debtors for first 20 days, to be paid by public, and levied on creditor. | |
| III. And be it further enacted, by the authority aforesaid, That the keeper of the said public gaol shall also be entitled to receive one shilling per day for the keeping every runaway servant or slave, committed to the said gaol, pursuant to the laws now in force. | One shilling per day for runaways. | |
| IV. And the better to enable the said keeper of the public gaol to provide for the prisoners under his care, Be it enacted, by the authority aforesaid, That the treasurer of this colony, for the time being, shall advance and pay to the said gaoler, out of the public money in his hands, by warrant from the governor or commander in chief, for the time being, the sum of one hundred pounds, at four equal payments, to be deducted out of the tobacco that shall be levied for the said gaoler in the book of claims by the succeeding session of assembly. | 100l. to be paid by treasurer to gaoler annually. | |
| CHAP. XIV. | ||
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| 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 | Act laying a duty upon liquors, further continued. |
| was continued by several acts, and amended by one act, made in the tenth year of his present majesty's reign, will expire on the first day of June, one thousand seven hundred and seventy-three, and it is 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 this act, together with the said recited acts, shall continue and be in force from and after the said first day of June, one thousand seven hundred and seventy-three, for and during the term of seven years, and no longer. | ||
| CHAP. XV. | ||
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| 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; and one other act of assembly, made in the thirty-third year of his said late majesty's reign, 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; which several acts have, from time to time, been continued by several other acts, will expire on the twentieth day of April, one thousand seven hundred and seventy-three, and it is found expedient and necessary that the said acts should be further continued and amended: And whereas an additional duty of five per cent. was laid on all slaves imported into this colony, by an act passed in the twenty-seventh year of the reign of his late majesty king George the second, intituled An act for the encouragement of the settlers upon the waters of the Mississippi, which duty was continued for five years, | Acts laying duties upon slaves, continued, amended and revived. |
| by an act passed in the third year of the reign of his present majesty, and was afterwards revived by an act, passed in the tenth year of his present majesty, intituled An act for the better support of the contingent charges of government, which expired on the twenty-fifth of October last, and it is necessary that the same should be revived: 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 said act, intituled An act for the better support of the contingent charges of government, as relates to the imposing, collecting, and accounting for, the said additional duty of five per cent. upon slaves shall be revived, and that it shall continue and be in force, from and after the twentieth of April next, for and during the space of six years, and from thence to the end of the next session of assembly. | |
| II. And whereas it is represented to this present general assembly, that many frauds have been committed by some importers of slaves into this colony, who do not enter them with the proper officers at all, and by others who make sham and pretended sales of slaves, by exposing them at public auction, in large numbers, the importer or owner still retaining the real property, and afterwards disposing of such slaves at advanced prices, whereby the country, in some instances, is totally deprived of the duty, and, in others, the said duty is greatly lessened: 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 tenth day of June next, every owner or importer of any slave or slaves, from any country or place whatever, either by land, or by water, shall, within the time prescribed by law, for reporting at the custom house the cargo of any ship or vessel, and within the time prescribed by the said last mentioned act, for delivering to the county court clerks a list of all slaves imported or brought from any part of America, deliver in, upon oath, to the naval officer of each district, or to the county court clerks respectively, as the case may be, a true and perfect list or manifest of all slaves by him or her imported; and if any owner or importer shall fail so to do, he or she shall forfeit and pay the sum of twenty pounds for every slave so secreted, or of which such owner or importer shall fail to give in such list or manifest, | Importer of slaves shall deliver in a manifest, or be subject to a penalty. |
| to be recovered with full costs, by action of debt, by the informer, for his own use, in any court of record within this dominion. And every naval officer, and county court clerk, shall, within two months after such list or manifest is delivered to him, transmit an exact copy thereof to the treasurer of this colony for the time being; and every officer or clerk failing herein, shall forfeit and pay the sum of ten pounds, to be recovered with costs of suit by the said treasurer, in his own name, but for the use of the public, by action of debt in any court of record. | Officer shall transmit the manifest to treasurer, under a penalty. |
| III. And be it further enacted, by the authority aforesaid, That for every slave imported into this colony from Maryland, Carolina, and the West-Indies, or any other part of America, except such as are excepted by the said act, there shall, from and after the said tenth day of June next, be paid to our sovereign lord the king, his heirs, and successors, in lieu of the twenty per cent. ad valorem, a duty of five pounds by the head, to be collected and paid to the treasurer of this colony for the time being, and by him accounted for in the same manner as by the said recited acts is directed. | A duty of 5l. per poll on slaves imported from Maryland, &c. |
| IV. And be it further enacted, by the authority aforesaid, That so much of the said recited acts of assembly, and every clause and article thereof as is not altered by this act, together with this act, shall continue and be in force from and after the twentieth day of April, which shall be in the year of our lord one thousand seven hundred and seventy-three, for and during the term of five years, and from thence to the end of the next session of general assembly. | Continuance. |
| V. Provided always, and be it 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, esquire, 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. |
| CHAP. XVI. 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 six 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 seventh day of November, one thousand seven hundred and seventy two, and that it be paid by the collector 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 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. 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. | Public levy or taxes, for 1772. |
| II. 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 May or June, give bond and security for the due collection and payment of the public levy now laid and assessed. | Sheriffs to give bond. |
| III. And whereas there are several balances due to the public from the following counties, to wit, from the county of Hanover, seven thousand and twenty, and from the county of James City eight hundred and ninety five pounds of tobacco, as appears by the book of proportions: Be it further enacted, That the sheriff of each of the said counties above mentioned, shall after giving one month's 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 | Public tobacco how sold. |
| till the first day of November 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 buyers [buyer] and his securities, his and their heirs, executors, or administrators, have ten days previous notice; which monies shall be accounted for by the said treasurer to the general assembly. | Summary remedy against purchasers. | |
| IV. And whereas there is a large sum of money levied in the book of public claims for the officers of the general assembly, executed slaves, tobacco stolen out of and damaged in the public warehouses, and for other public expences, and an act has passed for paying the burgesses wages for this present session of assembly in money; and whereas the money now in the public treasury is not sufficient to answer the several demands, and large sums are expected to be paid in by the twentieth day of June next: Be it therefore enacted, by the authority aforesaid, That the said claims against the public shall not be demanded from the treasurer until the said twentieth day of June next; nevertheless the said treasurer may discharge as many of the said claims as the money now in his hands shall amount to, or any further sum, as soon as the money, so to be paid in, shall be received by him. | Public claims when payable. | |
| CHAP. XVII. | ||
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| I. WHEREAS by an act of the general assembly, passed in the first year of the reign of his late majesty king George the second, intituled An act for the better | Currency of copper coin regulated. |
| regulating and ascertaining the current rates of silver coin within this dominion, and for preventing the evil practice of cutting foreign gold into pieces, it is, amongst other things, enacted, that if his majesty, his heirs, or successors, should think fit, at any time thereafter, to permit copper coin to be brought in and pass in this colony, the same should pass and be current at the like rates it doth pass in Great-Britain. And whereas by one other act of assembly, passed in the tenth year of the reign of his present majesty, intituled An act for the better support of the contingent charges of government, it is, amongst other things, enacted that if his majesty should be graciously pleased to permit copper money to be brought in and pass in this colony, the treasurer should, 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 would amount to two thousand five hundred pounds sterling. And whereas it is represented to this general assembly, that it will be more convenient for the purposes to which copper money is usually applied, to have the same coined into halfpenny pieces, of the value of so much current money of Virginia, instead of sterling money of Great-Britain, and that the value of one thousand pounds sterling to answer the present occasions of the colony: 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 last mentioned act as it impowers the treasurer to import copper money, to the amount of two thousand five hundred pounds sterling, is hereby repealed. | Part of 10 Geo. III. cap. 12. repealed. |
| II. And be it further enacted, by the authority aforesaid, That if his majesty should be graciously pleased to authorize the circulation of copper money in this colony, the treasurer for the time being shall, at the expence of the public, import so many halfpence of the value of the current money of Virginia as may be purchased for one thousand pounds sterling, exclusive of costs and charges, to be issued and exchanged, at the public treasury, for the purposes, and under the regulations, prescribed and directed by the said recited acts. | Halfpence of 1000l. sterling value to be imported, &c. |
| III. Provided always, That nothing in this act contained shall be construed to restrain his majesty from regulating the currency of the said copper money within |
| in this colony, in such a manner as his majesty, by his royal proclamation, or by his royal instructions to his governor, or commander in chief of this colony, for the time being, shall, from time to time, judge proper and necessary. | ||
| CHAP. XVIII. | ||
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| WHEREAS by one act of assembly, passed in the third and fourth years of the reign of his late majesty king George the second, intituled An act for the better regulating the payment of the burgesses wages, it is among other things, enacted, that when any session of assembly should be thereafter held, and upon examination of the treasurer's accounts, it should appear that there are monies sufficient in his hands to discharge all the money debts, together with the burgesses wages and salaries, and allowances to the respective officers of the general assembly, saving and reserving in the hands of the treasurer, over and above the said allowances, a balance of fifteen hundred pounds at least, that then every burgess, elected and serving for any county or corporation within this dominion, should be paid, out of the public money, the sum of ten shillings for each day he should serve in the house of burgesses, with such further allowances, and under such restrictions and regulations, as in the said act is at large directed: And whereas it appears there is not money sufficient in the treasurer's hands to pay the burgesses wages for this present session of assembly, leaving a balance of fifteen hundred pounds, according to the directions of the said act; nevertheless, as the payment of the said wages in money will be a great ease and relief to the inhabitants of this colony, by lessening the levy by the poll, Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby | Burgesses' wages payable in money. |
| enacted, by the authority aforesaid, That from and after the passing this act, the burgesses wages and allowances, for the present session of assembly, shall be paid by the treasurer, out of the public money in his hands, according to the directions and regulations of the said recited act. | ||
| CHAP. XIX. | ||
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| I. WHEREAS by an act of assembly made in the eighth year of his majesty king George the first, intituled An act to oblige ships coming from places infected with the plague, to perform their quarantine, it is enacted, that all vessels coming from any place infected with the plague shall make their quarantine: And whereas it is represented to this present general assembly, that the gaol fever and small pox are frequently propagated among the inhabitants of this colony by the importation of convicts, indented servants, and slaves, which maladies have proved equally infectious, and very little, if any, less fatal than the plague: 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 all vessels importing convicts, indented servants, or slaves, infected with the gaol fever or small pox, shall make their quarantine, in such manner, and under the like penalties, and forfeitures, as in and by the said recited act are directed. | Vessels importing convicts, servants, or slaves infected with gaol fever, or small pox, to perform quarantine. | |
| II. And for the more effectual discovery of such infected vessels, Be it further enacted, by the authority aforesaid, That no master of a vessel shall permit any convict, indented servant, or slave, or any passenger or mariner, to quit the vessel before entry at the naval office, as now directed by law, and the master, mate, and | Convicts, &c not to leave the vessel before entry at the
naval |
| boatswain, of every such vessel, shall, at the time of entering such vessel, in presence of the naval officer, take and subscribe the following oath: I. A. B. do solemnly and sincerely swear that none of the convicts, indented servants, or slaves, passengers, or mariners, imported into this colony, in or belonging to the ship have been infected with the gaol fever or small pox, at any time within fifty days now last past, to the best of my knowledge or belief: so help me God: Which oath the naval officer is hereby required to administer, and subscribe as a witness thereto. And if any master, mate, or boatswain, shall refuse to take such oath, or if it shall appear to such naval officer, that the said vessel ought to make quarantine, such naval officer shall, immediately, by express, give notice thereof to the governor, or commander in chief of this colony for the time being, which express shall be paid, at the rate and in the same manner, as public expresses are now paid; and if any master, mate, or boatswain, of such vessel, shall take a false oath, or any naval officer shall permit any vessel to enter, contrary to the directions of this act, every such master or naval officer shall respectively forfeit and pay the sum of fifty pounds, to be recovered by action of debt, in any court of record, within this colony; one moiety thereof to the use of the poor of any parish where any such convicts, indented servants, or slaves, passengers or mariners, shall be landed, the other moiety to the use of the informer. And in every such action the master shall be obliged to give special bail, if the court, before whom such action shall be depending, shall see cause to rule him so to do. | office, and oath taken by master of vessel, &c. Master, &c. refusing to take oath, Naval officer to inform the governor. Penalty on master, &c. for false oath and on naval officer for admitting entry without oath. Master sued to give bail. |
| II. And be it further enacted, That every master of a vessel permitting any convict, indented servant, or slave, passenger or mariner, to quit such vessel, before entry as aforesaid, shall forfeit and pay the sum of fifty pounds for every convict, indented servant, or slave, passenger, or mariner, so permitted, to be recovered and applied in manner as afore directed. | Penalty on master permitting convict, &c. to quit the ship before entry. |
| CHAP. XX. An act for erecting a Lighthouse on Cape Henry. | |
| I. WHEREAS the erecting and maintaining a lighthouse at Cape Henry, and fixing buoys on the shoals, in the bay of Chesapeak, will greatly conduce to the safety and preservation of ships, and other vessels, coming into, and going out of, the said bay, and the expence of such building and keeping a light therein, and fixing such buoys, may be defrayed by a small and inconsiderable duty on the tonnage of such ships, and vessels, to be paid by their owners, or masters, in consideration of the immediate benefits arising to them: And whereas the lower hose of assembly, of the province of Maryland, which province will be equally benefitted thereby, hath signified the resolution of that house to concur in the expence thereof: To the end, therefore, that a work of such use may be compleated with all convenient speed, Be it enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the honourable William Nelson, Thomas Nelson, and William Byrd, esquires, and Severn Eyre, Joseph Hutchings, Thomas Newton, junior, James Holt, Paul Loyall, John Hutchings, Matthew Phripp, and Thomas Reynolds Walker, esquires, shall be, and are hereby appointed, directors and managers for erecting and finishing, or causing to be erected and finished, at such convenient place, on the head land of Cape Henry, as to them, in their discretion, shall appear most proper for that purpose, a good and substantial lighthouse, of such height and dimensions as they shall think best. And the said directors or managers, or any seven of them, as soon as the assembly of Maryland shall pass an act of the same import with this act, shall have power and authority, by virtue hereof, in conjunction with such person, or persons, as by the said assembly shall be appointed for the purposes aforesaid, to contract and agree with any person, or persons, for building and finishing such lighthouse, in the best and most substantial manner, upon such terms as to them shall seem reasonable; also for placing, and constantly keeping, a light therein, and furnishing the same with such | Recital. Directors. In conjunction with persons appointed by the assembly of Maryland, to build a lighthouse at Cape Henry, &c. |
| necessaries as they shall think proper, and for purchasing and placing buoys on such shoals of the bay of Chesapeak as may be necessary, which agreement, or agreements, being by them certified to the governor, or commander in chief of this dominion, and a warrant thereupon obtained from him to the treasurer of this colony for the time being, the said treasurer is hereby authorized and required, out of the public money in his hands, to pay the sum or sums so certified to be due unto the person, or persons, to whom the same shall be ordered by the said directors, not exceeding the sum of six thousand pounds current money of Virginia; and to enable them to carry on the said building, and to repay so much as shall be expended in erecting the said lighthouse, and to provide a proper fund for lighting and supporting the same, Be it further enacted, by the authority aforesaid, That from and after the first day of November next, there shall be paid, by the masters, or owners, of all ships, and other vessels, coming into, or going out of, this colony, other than from Maryland, once in every voyage, at the time of clearing out, the duty of four pence per ton of the burthen of each ship, or vessel, until such duty shall amount to a sum sufficient to reimburse the money hereby directed to be paid by the treasurer of this colony, and thereafter a duty of one penny halfpenny per ton, for and towards the support of the said lighthouse, to be collected by the naval officers of the several districts within this colony, who are hereby directed and required to receive the same, which duties shall be to our sovereign lord the king, his heirs, and successors, forever, for the uses and purposes hereafter mentioned, and by them to be accounted for and paid to the treasurer to this colony, appointed by, or pursuant to, an act of assembly, in the same manner, and with the like salary for collecting, as they are by law directed, to account for the duties upon liquors, and by the said treasurer shall be accounted for to the general assembly, to be by them applied and ordered for repaying so much as shall be expended in erecting the said lighthouse, and fixing necessary buoys on the shoals, in the bay of Chesapeak, and to provide a proper fund for lighting and supporting the said lighthouse, and keeping in repair such buoys. | A sum not exceeding 6000l. to be paid for the work by the treasurer. Duty of four pence per ton on vessels to defray the expence of building, &c. and afterwards one penny halfpenny for repairing, &c. |
| II. And be it further enacted, by the authority aforesaid, That the said directors, or any seven of them, |
| shall and may, and they are hereby empowered, from time to time, to appoint a keeper of such lighthouse, and to allow him such compensation, or salary, as to the said directors shall appear reasonable, to be paid upon the governor's warrant, by the treasurer of this colony for the time being, out of the money in his hands, which shall arise from the duties aforesaid. And in case of the death, resignation, or misconduct, of the said keeper, the said directors shall have power and authority to appoint another in his room. And the said keeper shall keep good and sufficient lights in the night time in the said lighthouse; and if he shall fail or neglect so to do, he shall forfeit and pay, for every such offence, two hundred pounds, one moiety whereof shall be to the informer, and the other to the said directors, to be applied to the purposes of this act, to be recovered by action of debt, bill, plaint, or information, in any court of record in this dominion. | Keeper. His salary, And duty. Penalty on him for neglect. |
| III. And be it enacted, by the authority aforesaid, That all ships and vessels, liable to the payment of the duties imposed by this act, shall, by the several naval officers, be measured according to the directions of one act of assembly, made in the ninth year of the reign of her late majesty queen Anne, intituled An act for raising a public revenue for the better support of the government of her majesty's colony and dominion of Virginia. | Manner of ascertaining the tonnage of vessels. |
| IV. And be it further enacted, by the authority aforesaid, That every keeper of the said lighthouse, before he enters on the execution of his office, shall give bond, with sufficient security (to be approved of by the said directors) in the sum of five hundred pounds, payable to our sovereign lord the king, his heirs, and successors, for the due performance of his said office. | Keeper to give security. |
| V. And whereas the taking away, removing, sinking, or destroying the buoys to be fixed, according to the directions of this act, may have very fatal effects: Be it therefore enacted, by the authority aforesaid, That if any person, or persons, shall take away or remove, without leave of the said directors, or shall willfully sink or destroy any of the said buoys, he or they, on being convicted thereof, shall be adjudged guilty of felony, and shall suffer death, without benefit of clergy. | Taking away buoys, &c. felony. |
| CHAP. XXI. | ||
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| 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 two other acts, made in the seventh and tenth years of his said majesty's reign, will expire on the twentieth day of April, one thousand seven hundred and seventy three, and it being found expedient that the said act of assembly, and every clause and article thereof, shall be and continue in force, from and after the said twentieth day of April, one thousand seven hundred and seventy three: 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 acts, and every clause and article thereof, shall be and continue in force, from and after the said twentieth day of April, one thousand seven hundred and seventy three, for and during the term of seven years, and no longer. | Act concerning pilots further continued. | |
| CHAP. XXII. | ||
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| WHEREAS the act of the general assembly, made in the third year of his present majesty's reign, intituled An act for the more effectual keeping the public roads and bridges in repair, which was continued and amended by another act, made in the seventh year of his said majesty's reign, expired on the sixteenth day of December, in the year one thousand seven hundred and | Act for keeping public roads and bridges in repair further continued. |
| seventy one, and it is necessary and expedient that the same should be revived: 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 the third and seventh years of his present majesty's reign, shall be revived, and shall continue and be in force, from and after the passing hereof, for and during the term of two years, and from thence to the end of the next session of assembly. | ||
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CHAP. XXIII. | ||
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| I. WHEREAS it is represented by the merchants and other inhabitants of the county of Nansemond, that the repairing of the roads, in the counties of Brunswick, Southampton, and Isle of Wight, leading through those counties to Suffolk and Milner's, in the said county of Nansemond, will greatly improve the trade of that county, and they have petitioned this present general assembly that the regulations, herein after mentioned, may be authorized by law: 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 Josiah Granberry, Wills Cowper, Joseph Scott, Gardner Fleming, Anthony Warwick, Archibald Buchanan, Charles Gilmour, and John Hamilton, gentlemen, be, and they are hereby appointed trustees for carrying this act into execution: and the said trustees, or any five of them, shall and may, and they are hereby empowered and required to contract with such person or persons as shall be willing to undertake the same, to repair the said roads; which roads, as the same now lead to [from] Hick's ford, in the county of Brunswick, to Nottoway bridge at Southampton court house, and from thence to the bridge on Blackwater, at the old Isle of Wight court house, and leading by | Provision for keeping in repair, certain roads in Brunswick, Southampton, and Isle of Wight. |
| the widow Scott's, and widow Norfleet's to Milner's, and the road, at the fork, leading to Suffolk, are the roads hereby intended to be repaired and established. And the said trustees, or any person or persons by them appointed, shall and may, and they are hereby empowered and required to keep the said roads of the full breadth by law already established, and to cut timber, or dig earth, adjoining the said roads, and make drains or sewers through the adjacent lands. | |
| II. Provided always, That any timber, so cut, or earth dug or removed, shall be first valued (unless the owner or owners consent thereto) in the manner directed by an act of the general assembly, passed in the second year of the reign of his present majesty, for the more effectual keeping the public roads and bridges in repair, which valuation shall be paid, by the trustees, out of the money arising from the duties herein after imposed. | 3d year |
| III. And be it further enacted, That all and every person or persons, in the said county of Nansemond, who shall receive or load a load or part of a load of any goods or commodities whatsoever, brought from , or to be carried to, the province of North-Carolina, along the roads beforementioned, and no others, by a waggon or cart, shall pay a duty of one shilling and three pence upon every such waggon, and eight pence upon every such cart. | Duty on waggons & carts. |
| IV. And for the better collection of the said duties, Be it further enacted, by the authority aforesaid, That the court of the said county of Nansemond shall and may, and they are hereby empowered and required, in the month of March or April, yearly, to appoint one or more of their members, in the manner they appoint them to take the list of tithables, to receive a list of all such waggons and carts as have been, by any person or persons, respectively, loaded or unloaded, as aforesaid, in which lists the names of the drivers and owners of such waggons and carts shall be respectively specified; and such person or persons shall make oath that the list produced is just and true, and that he, she, or they, have not loaded or unloaded, any other waggon or cart than is therein contained, within the last year. And the sheriff of the said county of Nansemond, and the sheriff thereof, during the continuance of this act, shall, and he is hereby empowered and required, upon receipt of the said lists, or copies thereof, to collect from |
| the several persons the duties wherewith they are respectively chargeable by the said lists; and, upon failure of payment, to levy the same by distress and sale of the goods of the person or persons so neglecting or failing, in the same manner as goods are by law distrainable for non-payment of county and parish levies. | |
| V. Provided always, and be it enacted, That such sheriff shall previously give bond, with security, for the faithful execution of his duty herein, and shall yearly, in the month of July, during the continuance hereof, account, upon oath, with the said trustees for all duties by him received; and upon failure to account and pay the same, shall, together with his securities, be liable, on the motion of the said trustees, in the manner he would by law be liable for not accounting for and paying county and parish levies. | |
| VI. And be it further enacted, by the authority aforesaid, That the money arising from the duties hereby imposed, shall, by the said trustees, be applied towards defraying the expences of clearing and keeping in repair the roads herein before particularly mentioned and described, and one half of the expence of keeping in repair the bridge over Nottoway, at Southampton court house, and for satisfying the sheriff of the said county of Nansemond six per cent. for his trouble in collecting the said duties. | |
| VII. Provided always, That nothing in this act contained shall be construed, deemed, or taken, to exempt the courts of the said counties of Brunswick, Southampton, and Isle of Wight, from appointing overseers for keeping the said roads in repair, as by law already directed, in case the money arising by the duties hereby imposed shall be found insufficient for that purposes: And the said trustees shall, and they are hereby directed, in the month of September, yearly, during the continuance of this act, to lay before the persons appointed by the said courts (which persons the said courts respectively are hereby authorized and required to appoint) a just and exact state and account of the disbursement and application of all the monies by them received in pursuance of this act. | |
| VIII. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force, from and after the passing thereof, for and during the term of two years, and no longer. |
| Pages 507-526
| Pages 546-563
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