Pages 130-151 
|  Pages 174-198
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| Pages 130-151
| Pages 174-198
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| AT A GENERAL ASSEMBLY, BEGUN AND HELD | ||||
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Patrick Henry, esq. governor. | |||
 CHAP. I.* | ||||
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| WHEREAS the several acts of assembly for amending the staple of tobacco expired on the first day of October one thousand seven hundred and seventy five, and it is thought expedient that some temporary measure should be provided for the reception and inspection of tobacco at or near the heads of the rivers and creeks: | Preamble. | |||
| Be it therefore enacted, by the general assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That publick warehouses for the receipt and inspection of such tobacco as shall be carried to the same, by the proprietors thereof, shall be revived and established at the several places following, that is to say: In the county of Accomack, at Pitt's landing, upon Pokomoke, at Guilford, and at Pungoteague, where the warehouses were lately established, under one inspection; in the county of Caroline, at Roy's and Conway's; in the county of Dinwiddie, at | Warehouses for inspection of tobacco revived, and established. | |||
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| * In the original, none of the acts of this session are distinguished by chapters or sections. such of them as were published in the Chancellors' Revisal, edi. 1785, were for the first time so distinguished. |
| Bolling's Point, Bollingbroke, and Cedar Point; in the county of Essex, at Piscataway, at Layton's, and Port Micou, under one inspection; in the county of Fairfax, at Colchester, at Pohick, and at the falls of Potowmack; in the county of Gloucester, at Poropatank, and Deacon's Neck; in the county of Hanover, at Crutchfield's, at Page's, and at Meriwether's; in the county of Chesterfield, at Cary's, at Warwick, at Osborne's, at Rocky Ridge, and at John Bolling's; in the county of Henrico, at Byrd's and Shockoe's; in the county of Isle of Wight, at Smithfield, and at Fulham's, under one inspection; in the county of King and Queen, at Turner's and Shepard's, under one inspection; and at Mantapike and Quarles's, in the county of King William, under one inspection, and at Todd's and at Aylett's, in the county of King William, under one inspection; in the county of King William, at Williams's, and at the Piping Tree, under one inspection; in the county of King George, at Bray's church, at Falmouth, at Dixon's, at Gibson's, and at Morton's; in the county of Lancaster, at Davis's and at Lowery's, under one inspection; in the county of Northumberland, at Wicomico, at Dymer's, and at Indian Creek, under one inspection, and at Deep creek, and at Glascock's, under one inspection; in the county of Middlesex, at Urbanna; in the county of Nansemond, at Milner's; in the county of Northampton, at Cherrystone's, Hungar's, and at Nasswaddox, under one inspection; in the county of New Kent, at Littlepage's; in the county of Northumberland, at Coan's; in the county of Prince George, at Boyd's, at Davis's, at Blandford, and at Noble's; in the county of Prince William, at Quantico and Dumfries; in the county of Richmond, at Cat Point and Beckwith's, under one inspection, and at Totuskey; in the county of Surry, at Cabin Point; in the county of Stafford, at Aquia, and at Cave's; in the county of Spotsylvania, at Fredericksburg, and at Royston's; in the county of Warwick, at Denbigh; in the county of Westmoreland, at Nomony, at Machotack, and Mattox, under one inspection, at Yeocomico, and Rust's, under one inspection; at the College Landing, in the county of James City, and Capitol Landing, in the county of York, under one inspection, and at Roe's, in the county of York. | |
| And be it farther enacted, That there shall be paid and allowed, for the rents of the said warehouses, tenpence | Rents of warehouses. |
| for every hogshead of tobacco that shall be received into the same and inspected, to be proportioned between the publick and private proprietors, as the case may be, according to the late acts of assembly respecting the inspection of tobacco. | |
| And be it farther enacted, by the authority aforesaid, That the owners and proprietors of the several warehouses formerly used for the reception of tobacco, at the several places before mentioned, shall be obliged to let the same to the inspectors during the continuance of this act, at the rent hereby established; and if such houses shall want repairs, or shall not be sufficient to contain the tobacco brought for inspection, the inspectors shall represent the same to their county court, who shall order the proprietors to make such repairs, or build new houses, as the case may require, and on their refusal may order the same to be done at the publick expense. And the treasurer shall pay the money for such repairs or buildings, upon the certificate of such court; and thereafter a proportion of the rents shall be paid by the inspectors to the treasurer, for the use of the publick, for reimbursing such expenses. If any person shall break, tear, or commit waste or destruction of any warehouse, it shall be lawful for any justice of peace of the county, on complaint of the proprietor of such warehouse, to give judgment and award execution against the body or estate of such offender for the damages and costs, provided that in such justices judgment the damages do not exceed forty shillings; and if they exceed that sum, then the proprietor may recover such damages and costs by action, in any court of record. And where such damage shall be done to any of the warehouses built at the expense of the publick, the inspectors shall give information thereof to a justice of the peace, who shall proceed against such offender in the same manner as before directed; and in both cases, where, in the opinion of the justice, the damage shall exceed forty shillings, such justice shall commit the offender until he give security to appear before the next court to answer for the said offence, and on his conviction, by the verdict of a jury, he shall pay such damages as shall be assessed by such jury to the treasurer, for the use of the publick, and pay the costs to the officers, attornies, and witnesses, and execution may issue for the same. | Owners or warehouses formerly used, to let them to the
inspectors. Penalty for damaging warehouse. |
| And be it farther enacted, That the courts of the several counties wherein warehouses are hereby established shall, at the next court to be held for their respective counties after the passing of this act, appoint two of their members to examine and adjust the scales and weights at such warehouse, and have them repaired, or provided, as shall be necessary, at the publick expense; and any money by them contracted for on that account shall be paid by the treasurer, on their certificate. | Weights & scales. |
| All tobacco brought to any of the said warehouses shall be viewed and examined by two persons who shall be called inspectors, and be appointed in the following manner, that is to say: The court of each of the counties wherein any of the said warehouses lie shall, at the first or second court to be held for their respective counties after passing this act, nominate four fit and able persons for each inspection in their county, for executing the office of inspectors; and where two warehouses under one inspection lie in different counties, the court of each county shall nominate two such persons; and out of the persons so recommended, the governour, with the advice of the council, shall appoint and give commissions to two inspectors for each inspection. And to prevent delays which might happen from sickness or necessary absence, the governour, with the advice of the privy council, shall grant a commission to one of the persons so as aforesaid recommended, who shall have full power to execute the office of assistant inspector at the warehouse to which he shall be commissioned, which assistant inspector shall officiate as such only in cases to the disagreement in opinion of the principal inspectors as to the quality of the tobacco brought for their inspection, or where either of them shall, through sickness or otherwise, be absent from his duty, or shall bring his own tobacco to the warehouse whereof he is inspector to be viewed. And the said assistant inspector shall receive for his trouble, in proportion to the time he continues to act, out of the salary of the inspector whose absence he is to supply, and shall be liable to the like pains and penalties as the principal inspector whose absence he is to supply, and shall be liable to the like pains and penalties as the principal inspector for any misconduct or failure of his duty during such time, and supply vacancies as they may happen, by death or resignation, from time to time. | Inspectors, how appointed. |
| Provided, That where any court shall fail to nominate inspectors as directed by this act, the governour, |
| with advice of his privy council, is hereby empowered to appoint and commission inspectors to act in such counties. Every person so appointed inspector, before he enters upon the execution of his office, shall enter into bond and security in the penalty of five hundred pounds, payable to the governour and his successours for the use of the state with condition for the true and faithful performance of his duty, according to this act, and also shall take the following oath, to wit: You shall swear, that you will diligently and carefully vies and examine all tobacco brought to the publick warehouse where you are appointed inspector, and that not separately or apart from your fellow, but in his presence; that you will not receive any tobacco which is not in your judgement sound, well conditioned, merchantable, and clear of trash; and that you will not change, alter, or give out any tobacco, other than such hogsheads or casks for which the not was given; but that you will in all things well and faithfully discharge your duty in the office of an inspector, according to the best of your skill and judgment, and according to the act intituled An act for reviving several publick warehouses for the reception of tobacco, and other purposes, without fear, favour, malice, partiality, or fraud. So help you God. Which oath and bond may be taken before the governour, or in the court of the county of the county wherein the inspector resides. | Court failing to nominate, governor & council may commission.
Bond and oath of inspectors. |
| And whereas many and great inconveniencies have arisen from inspectors undertaking to deliver tobacco, the property of others, in their warehouses, without order from the proprietor of the same: Be it therefore enacted, by the authority aforesaid, That from and after the passing of this act, if any inspector presumes to deliver any tobacco in his warehouse without order from the owner or proprietor of such tobacco, every inspector so offending, and being thereof duly convicted in the court of the county where he officiates, is declared incapable to serving for ever after as an inspector in this commonwealth, and moreover shall be liable to the penalty of five pounds for every hogshead of tobacco so as aforesaid delivered without order of the owner or proprietor thereof; to be recovered by such owner or proprietor, if he shall prosecute within three months after the offence committed, or if he declines the prosecution, then after that time by any person who shall | Penalty on inspectors delivering tobacco without order from owner. |
| inform or sue for the same, by action of debt, bill, plaint, or information, in any court of record within this commonwealth. | |
| The inspectors shall attend constantly, except Sundays, and the usual holidays at Christmas, Easter, and Whitsuntide, from the first day of December next, until the tenth day of September one thousand seven hundred and seventy seven, for the receipt and inspection of tobacco; and afterwards one of them shall attend, when necessary, to deliver out the tobacco inspected. And every inspector failing to attend accordingly, not being hindered by sickness, shall forfeit to the party grieved twenty shillings for every day he shall be so absent, or be liable to the action of such party grieved for all damages sustained by such default, and costs, at the election of such party. | When inspectors to attend. |
| If the inspectors, upon uncasing and breaking a hogshead of tobacco, shall agree that the same is merchantable, they shall weigh such tobacco and the cask, entering in their books, and stamping on the cask, the mark, number, gross, tare, and neat weight thereof, and give to the owner a note or receipt for the same, distinguishing whether the tobacco be Oronoko or sweet-scented, leaf or stemmed, bearing date the day the tobacco is inspected. | Tobacco notes, how to be given. |
| And be it farther enacted, That when any tobacco shall be refused by the inspectors the proprietor shall either carry the said refused tobacco from the inspection, or be at liberty to separate the good from the bad; but if he shall neither carry away the same, nor have it picked within one month, then the inspectors shall employ some person to pick the tobacco, and give the owner credit for so much as shall be found merchantable, after paying the person or persons who separates the same one tenth part of the quantity saved, and the inspectors shall cause the tobacco which is by them judged unfit to pass to be immediately burnt, or otherwise destroyed. If any owner shall desire transfer notes for any hogshead of tobacco by him inspected, or shall pass any tobacco in parcels, the inspectors shall give him so many transfer notes as he shall desire for the quantity of tobacco passed, allowing thirty pounds of tobacco for every good cask in which such tobacco shall be brought; and such notes shall be current in all tobacco payments within the county where the inspection lies, and in any other county next adjacent thereto, | Refused tobacco, to be picked or burnt. Transfer notes, how obtained. Currency of such notes. |
| and not separate therefrom by any of the great rivers or bay herein after mentioned, that is to say: James river, below the mouth of Appamattox; York, below West Point; Rappahannock, below Taliaferros' Mount, or by the bay of Chesapeake; and shall be discharged by the inspectors in such manner, with such allowance, and subject to the like rules, regulations, and penalties, as are contained in the thirty-fifth section of the act made in the year 1764, for amending the staple of tobacco, and preventing frauds in his majesty's customs, except that the allowance of two shilling per hogshead for prizing such transfer tobacco shall be to the inspectors, and not paid into the treasury. | |
| Provided always, That the notes of the warehouses hereafter mentioned shall pass in payment of levies, officers fees, and other tobacco debts payable in the counties following, that is to say: Crutchfield's, Page's, Meriwether's, Fredericksburg, Royston's, Rocky Ridge, Cary's, Osborne's, Shocko's, Byrd's, Warwick, Blandford, Bolling's Point, Bollingbroke, John Bolling's, Boyd's, Davis's, and Cedar Point, in the counties of Albemarle, Amelia, Amherst, Bedford, Buckingham, Cumberland, Dinwiddie, Goochland, Orange, Halifax, Louisa, Lunenburg, Prince Edward, Charlotte, Mecklenburg, Pittsylvania, and Henry; the notes of Cabin Point and Noble's, in the counties of Brunswick, Sussex, and Dinwiddie; of Falmouth, Dixon's, Aquia, Quantico, Dumfries, in the counties of Culpeper, Fauquier, Loudoun, Fairfax, Frederick, Berkeley, and Dunmore; of Smithfield and Fulgham's and of Milner's, in the counties of Norfolk, Princess Anne, Brunswick, and Sussex. For every hogshead of tobacco inspected there shall be paid the sum of three shillings, upon delivering the note for the same, and the like sum of three shillings for every hogshead of tobacco prized to 1000 pounds neat, and delivered by the inspectors in lieu of transfer notes, besides the reward for prizing; which money shall be paid to the inspectors, and by them accounted for to the treasurer, for reimbursing the expenses of this act. All inspectors shall account with the treasurer, upon oath, for the said inspection tax, on or before the twenty-fifty day of October next, in which account they shall be allowed their salaries, the rents of the warehouses, and | Currency of crop notes. Tax on each hogshead. When inspectors to account. |
| all other disbursements herein directed; and on failure to account, the general court, or the court of the county wherein they reside, may, on motion of the treasurer, give judgment against them for the penalty of their bonds respectively, to be discharged by their accounting afterwards and paying what is really due, and costs, and thereon to award execution, provided ten days previous notice be given of such motion. And if after accounting any inspector shall fail to pay the balance found to be due, the like judgement, on such motion and notice, may be given for the balance and costs. No inspector while in office shall be eligible to either house of assembly, nor shall he receive any gratuity or reward for any thing to be done by him in pursuance of this act, other than his salary, and other payments herein directed to be made to him, under the penalty of fifty pounds to the informer; to be recovered with costs in any court of record, and of being disabled to act as inspector. Any inspector who shall give notes for tobacco, not actually received, shall forfeit and pay at the rate of forty shillings for every hundred weight mentioned in such note. There shall be paid to each of the inspectors attending the warehouses herein appointed the following salary respectively, that is to say: At Pitt's, Guilford's, and Pungoteague, under one inspection, forty pounds per annum; at Roy's, fifty pounds; at Conway's, forty pounds; at Bolling's Point, seventy pounds; at Bollingbroke, seventy pounds; at Cedar Point, sixty pounds; at Piscataway, thirty pounds; at Layton's and Port Micou, under one inspection, forty pounds; at Colchester, forty pounds; at Pohick, thirty pounds; at the falls of Potowmack, forty pounds; at Poropotank, thirty pounds; at Crutchfield's, sixty pounds; at Page's, sixty pounds; at Meriwether's, forty five pounds; at Warwick, sixty pounds; at Rocky Ridge, seventy pounds; at Cary's, sixty pounds; at Osborne's, seventy pounds; at John Bolling's fifty pounds; at Byrd's, seventy pounds; at Shocko's, seventy pounds; at Smithfield and Fulgham's, under one inspection, thirty five pounds; at Turner's and Shepherd's, under one inspection, thirty five pounds; at Mantapike and Quarles's, under one inspection, thirty pounds; at Todd's and Aylett's, under one inspection, forty five pounds; at Williams's, and the Piping Tree, under one inspection, thirty pounds; at Bray's Church, thirty pounds; at | Penalty for failure. Inspectors ineligible to general assembly. Penalty for giving notes for tobacco not received. Salaries of inspectors. |
| Dixon's fifty pounds; at Falmouth, fifty pounds; at Gibson's, thirty pounds; at Morton's, thirty pounds; at Davis's and Lowry's, under one inspection, thirty pounds; at Wicomico, forty pounds; at Dymer's and Indian Creek, under one inspection, forty pounds; at Deep Creek, and Glascock's, under one inspection, thirty pounds; at Urbanna, thirty pounds; at Milner's, fifty pounds; at Cherrystone's, Hungar's, and Nasswaddox, under one inspection, thirty pounds; at Littlepage's, thirty five pounds; at Coan's, thirty five pounds; at Blandford, seventy pounds; at Boyd's seventy pounds; at Davis's, sixty pounds; at Noble's, forty pounds; at Cave's, twenty five pounds; at Quantico, sixty five pounds; at Dumfries, sixty five pounds; at Cat Point, and Beckwith's, under one inspection, thirty five pounds; at Totuskey, thirty five pounds; at Cabin Point, fifty pounds; at Aquia, fifty pounds; at Fredericksburg, sixty pounds; at Royston's, sixty pounds; at Denbigh, twenty five pounds; at Nomony, thirty pounds; at Machotack, and Mattox, under one inspection, forty pounds; at Yeocomico and Rust's, under one inspection, forty pounds; at the College and Capital Landings, under one inspection, thirty five pounds; and at Rowe's, twenty five pounds. | |
| Provided nevertheless, That if the money herein before directed to be paid for inspection shall not at any warehouse amount to a sum sufficient to pay the salaries of the inspectors, the rents of the warehouses, and other disbursements, in that case the inspectors shall have for their salaries only what shall remain after paying such rents and disbursements. The inspectors shall not suffer the proprietors, or any other person, to make use of the warehouses. No person shall kindle a fire in any warehouse, or near the same, except in the chimney belonging to the said warehouse, on pain, if a freeman, of forfeiting ten shillings to the informer, recoverable with costs, before a justice of the peace; or if a servant or slave, of receiving, by order of such justice, ten lashes for every offence. All inspectors shall carefully enter in a book, to be kept for that purpose, the owner's name, with the marks, numbers, gross, tare, and neat weight; of all tobacco viewed and passed by them, with the name of the person to whom the same is delivered out of the warehouse. If any person shall forge or counterfeit the note of any inspectors, or tender in payment or demand the tobacco of the inspectors | If inspection fees not sufficient. Proprietors not to use warehouse. No fires to be kindled near. Forging or counterfeiting tobacco notes, death. |
| upon such forged or counterfeited note, knowing it to be such, every such person, being thereof convicted, shall be adjudged a felon, and shall suffer death without benefit of clergy. If any inspector's note shall be casually lost or destroyed, the proprietor of them may make oath before a justice of the peace to the number and date of the note, to whom payable, the quantity of tobacco therein mentioned, that the note is lost, destroyed, or mislaid, and that he or she is entitled to receive the said tobacco; upon a certificate whereof being lodged with the inspectors, they shall pay the tobacco to such proprietor (if the same hath not been [before] paid, and the note taken in) and be thereby discharged from all actions and demands on account of the said note. And if any person shall be convicted of making a false oath, or producing a forged certificate, in the case aforesaid, he shall forfeit twenty shillings for every hundred weight of tobacco contained in the certificate, and moreover suffer as in case of wilful and corrupt perjury. The inspectors shall permit all persons, in due turn, to make use of the prizes for prizing the tobacco saved by picking, for making their tobacco heavier, or for putting in the heads after inspection. | Lost notes, how restored. Free use of prized. |
| Provided nevertheless, That no tobacco shall henceforward be transported from this state to Great Britain, or any of the dominions thereunto belonging; and that every master of any ship, sloop, boat, or other vessel wherein any tobacco shall be laden, shall, at the time of clearing out, enter into bond with sufficient securities, payable to the governour and his successour for the use of the commonwealth, in the penalty of one thousand pounds, on condition not to carry the said tobacco, or any part thereof, to any part of Great Britain, or to any of the dominions thereunto belonging. | No tobacco to be transported to Great Britain. |
| Provided also, That the late impost or duty of two shillings sterling per hogshead, and all other duties and taxes, shall cease to be collected upon any tobacco to be shipped from this country; any law, custom, or usage, to the contrary notwithstanding. | Late duties on tobacco exported to cease. |
| Provided also, That if any of the tobacco shall happen to be burnt without the default of the inspectors, or while under care of the inspectors be by floods destroyed, the loss shall be sustained by the owner or owners thereof; and in case of such accident, no inspectors shall be sued or molested for or by reason of any receipts by them given for any tobacco in such manner | Tobacco burned or destroyed by flood, owner to bear the loss. |
| destroyed, but shall be altogether acquitted and discharged of and from the payment of the tobacco in such receipts mentioned. | |
| And be it farther enacted, by the authority aforesaid, That the several ordinances heretofore made regulating tobacco payments, and for other purposes therein mentioned, be, and the same are hereby repealed. | Ordinance regulating tobacco payments repealed. |
| And be it farther enacted, That no inspector to be appointed by virtue of this act, nor any picker to be employed at a publick warehouse, shall, directly or indirectly, for himself or any other person, buy or receive, by way of barter, loan, or exchange, any tobacco whatsoever, under the penalty of twenty shilling for every hundred pounds of tobacco so bought or received; to be recovered by information before a justice of the peace, provided the sum does not exceed twenty five shillings, or if above that sum, by petition or action in the court of the county wherein the offence is committed, one moiety thereof to the use of the informer, or person suing for the same, and the other moiety to the use of the commonwealth. Nor shall it be lawful for any inspector to employ his servant or slave as a picker at the warehouse where he is inspector. | Inspectors and pickers not to deal in tobacco. |
| And be it farther enacted, That when any of the warehouses by this act established shall be empty, or not necessary for the reception of tobacco, the several inspectors shall suffer the proprietors to make use of the earth in such warehouses for the purpose of making salt petre, so long as the said warehouse or warehouses shall be unnecessary for the reception of tobacco. And if the proprietor or proprietors shall not, within three months after the passing of this act, begin to work the earth as aforesaid, that the inspectors shall suffer any other person to work the same, upon their undertaking to return the earth so taken and repair the floors. And where such warehouse or warehouses shall be the property of the publick, the courts of the several counties are hereby authorised to contract with any person or persons for making saltpetre for public use, any thing in this act to the contrary notwithstanding. | Privilege of proprietors in making salt petre from earth in warehouse. |
| And be it farther enacted, That this act shall continue and be in force for and during the space of one year, and from thence to the end of the next session of assembly, save only so much thereof as repeals the several imposts, duties, or taxes, heretofore laid on any tobaccoes exported, which repeal is hereby declared to be perpetual. | Continuance of this act. |
| CHAP. II. | |||
|
[Chan . Rev. pa. 39.] | ||
| I. WHEREAS several oppressive acts of parliament respecting religion have been formerly enacted, and doubts have arisen, and may hereafter arise, whether the same are in force within this commonwealth or not: For prevention whereof, Be it enacted, by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That all and every act of parliament, by whatever title known or distinguished, which renders criminal the maintaining any opinions in matters of religion, forbearing to repair to church, or the exercising any mode of worship whatsoever, or which prescribes punishments for the same, shall henceforth be of no validity or force within this commonwealth. | Preamble. Acts of parliament punishing religious opinions, &c. declared void. | ||
| II. And whereas there are within this commonwealth great numbers of dissenters from the church established by law who have been heretofore taxed for its support, and it is contrary to the principles of reason and justice that any should be compelled to contribute to the maintenance of a church with which their consciences will not permit them to join, and from which they can therefore receive no benefit: For remedy whereof, and that equal liberty, as well religious as civil, may be universally extended to all the good people of this commonwealth, Be it enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That all dissenters, of whatever denomination, from the said church, shall, from and after the passing this act, be totally free and exempt from all levies, taxes, and impositions whatever, towards supporting and maintaining the said church, as it now is or hereafter may be established, and its ministers. | Dissenters exempt from levies for support of the
church. | ||
| III. Provided nevertheless, and be it farther enacted, by the authority aforesaid, That the vestries of the several |
| parishes, where the same hath not been already done, shall and may, and they are hereby authorised and required, at such time as they shall appoint, to levy and assess on all tithables within their respective parishes, as well dissenters as others, all such salaries and arrears of salaries as are or may be due to the ministers or incumbents of their parishes for services to the first day of January next; moreover to make such assessments on all tithables as will enable the said vestries to comply with their legal parochial engagements already entered into; and lastly, to continue such future provision for the poor in their respective parishes as they have hitherto by law been accustomed to make. | Exception as to arrears of salary, prior contracts, and provision for the poor. |
| IV. And be it farther enacted, by the authority aforesaid, That there shall in all time coming be saved and reserved to the use of the church by law established the several tracts of glebe land already purchased, the churches and chapels already built, and such as were begun or contracted for before the passing of this act for the use of the parishes, all books, plate, and ornaments, belonging or appropriated to the use of the said church, and all arrears of money or tobacco arising from former assessments or otherwise; and that there shall moreover be saved and reserved to the use of such parishes as may have received private donations, for the better support of the said church and its ministers, the perpetual benefit and enjoyment of all such donations. | Glebes, &c. saved to the parishes. Donations held sacred. |
| V. And whereas great variety of opinions hath arisen, touching the propriety of a general assessment, or whether every religious society should be left to voluntary contributions for the support and maintenance of the several ministers and teachers of the gospel who are of different persuasions and denominations, and this difference of sentiments cannot now be well accomodated, so that it is thought most prudent to defer this matter to the discussion and final determination of a future assembly, when the opinions of the country in general may be better known: To the end, therefore, that so important a subject may in no sort be prejudged, Be it enacted, by the authority aforesaid, That nothing in this act contained shall be construed to affect or influence the said question of a general assessment, or voluntary contribution, in any respect whatever. | Question between general assessments and voluntary contributions, deferred. |
| VI. And whereas, by the exemptions allowed dissenters, it may be too burthensome in some parishes to the |
| members of the established church if they are still compelled to support the clergy by certain fixed salaries, and it is judged best that this should be done for the present by voluntary contributions: Be it therefore enacted, by the authority aforesaid, That so much of an act of the general assembly made in the twenty-second year of the reign of king George the second, intituled An act for the support of the clergy, and for the regular collecting and paying the parish levies, or any other act as provides salaries for the ministers, and authorises the vestries to levy the same, except in the cases before directed, shall be, and the same is hereby suspended, until the end of the next session of Assembly. | Act making provision for the clergy suspended. |
| VII. And whereas it is represented that in some counties lists of tithables have been omitted to be taken: For remedy whereof, and for the regular listing all tithable persons, Be it farther enacted, That the court of every county where lists of the tithables, agreeable to the directions of the laws now in force, are not already taken, it shall and may be lawful for the courts of such counties, and they are hereby required, at the first or second court after the end of this session of Assembly, to divide their counties into convenient precincts, and appoint one of the justices for each precinct to take a list of all the tithables therein; and every such justice so to be appointed, shall give publick notice of his being so appointed, and at what place or places he intends to receive the lists, by advertisements thereof affixed to the doors of the churches and meeting-houses in the parish where the precinct lies, and shall accordingly attend on the said day by him to be appointed, and at the second court next following shall deliver a fair list of the names and number of the tithables by him taken, to the clerk of the court, who on the next court day shall set up fair copies of such lists in his courthouse, there to remain during the sitting of that court, for the better discovery of such as shall be concealed. | Lists of tithables, how taken. |
| VIII. And if the justices of any county, where lists of tithables have not been already taken, shall fail to appoint some of their members to take the lists of tithables in the manner directed by this act, every such justice so failing shall forfeit and pay ten pounds; to be recovered in the general court with costs, by action of debt or information against such justices jointly. And if any justice so appointed shall refuse or fail to give notice as aforesaid, and to take and return such list as | Penalty on justices, owners, and overseers, in relation to tithables. |
| aforesaid, he shall forfeit and pay two thousand pounds of tobacco, or ten pounds; to be recovered with costs, in any court of record in this commonwealth. And every master or owner of a family, or in his absence or non-residence at the plantation, his or her agent, attorney, or overseer, shall, on the said time appointed by the justice for taking in the lists, deliver, or cause to be delivered, under his or her hand, to the justice appointed for that precinct, a list of the names and number of all tithable persons who were abiding in or belonging to his or her family on the ninth day of June last. Every master or owner, or in his or her absence or non-residence, every overseer, failing herein, shall be adjudged a concealer of such and so many tithables as shall not be listed and given in, and for every tithable person so concealed shall forfeit and pay five hundred pounds of tobacco, or fifty shillings; to be recovered by action of debt or information, in any court of record. And when any overseer shall fail to list the tithables upon the plantation whereof he is overseer, the master or owner shall be subject to the payment of his levies, in the same manner as he would have been if they had been listed. Every person, at the time of giving in lists of tithables, shall also give in a list of his or her wheel carriages subject to a tax, to the several justices appointed to take the lists of tithables, under the like penalty for each failure, and to be recovered in the same manner as is herein directed for concealing tithables. All the penalties hereby imposed shall be, one moiety to the informer, and the other moiety to the use of the county where the offence shall be committed, towards lessening the county levy. | List of carriages, when given in. |
| CHAP. III. An act declaring what shall be treason. |
[Chan. Rev. p. 40.] |
| I. WHEREAS divers opinions may be what case shall be adjudged treason, and what not: Be it enacted, by the General Assembly of the commonwealth of Virginia, That if a man do levy war against this commonwealth or be adherent to the enemies of the commonwealth within the same, giving to them aid and comfort in the commonwealth or elsewhere, and thereof be legally convicted of open deed by the evidence of two sufficient and lawful witnesses, or their own voluntary confession, the cases above rehearsed shall be judged treason, which extendeth to the commonwealth, and the person so convicted shall suffer death without benefit of clergy, and forfeit his lands and chattels to the commonwealth, saving to the widows of such offenders their dower in the lands. | Treason defined. Evidence. Punishment. Dower saved. |
| II. Provided always, and it is enacted, That no such attainder shall work any corruption of blood. | No corruption of blood. |
| III. And be it farther enacted, by the authority aforesaid, That the governour, or in case of his death, inability, or necessary absence, the counsellor who acts as president, shall in no wise have or exercise a right of granting pardon to any person or persons convicted in manner aforesaid, but may suspend the execution until the manner aforesaid, but may suspend the execution until the meeting of the general assembly, who shall determine whether such person or persons are proper objects of mercy or not, and order accordingly. | Pardon only by general assembly. |
| CHAP. IV. | ||
| ||
| WHEREAS by an ordinance passed the last convention, intituled An ordinance to enable the present magistrates and officers to continue the administration of justice, and for settling the general mode of proceedings in criminal cases till the same can be more amply provided for, it is ordained that the sheriffs then in office should continue to act until the 25th of October last past; and whereas many of the county courts have omitted to nominate proper persons for that office, within the time prescribed by law, whereby justice in those counties is, and may be greatly impeded: | Preamble. | |
| Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That each of the several county courts that have failed or omitted to nominate proper persons for the office of sheriff, as aforesaid, shall, and they are hereby required and directed to nominate and recommend three persons of their body to the governour; out of whom he, with the advice of the privy council, shall commission one to execute the said office of sheriff. | County courts to nominate sheriffs. | |
| And be it farther enacted, by the authority aforesaid, That the late sheriffs of those counties where the courts have failed to nominate proper persons as aforesaid may, and they are hereby empowered to execute the office of sheriff until the persons nominated and commissioned under this act be duly qualified; and where in any such county the late sheriff is dead, refuses to act, or is incapable of holding the office, the court shall appoint out of their own body some fit person to act as sheriff pro tempore, who upon taking the oath prescribed by law, and giving security for the performance of his duty, be vested with all the powers and authorities belonging to the said office of sheriff, until the said person, or persons, to be commissioned by the governour under this act in manner aforesaid, be duly qualified. | Former sheriffs to act. |
| Provided nevertheless, That the said late sheriffs of such counties as have failed to nominate as aforesaid, or in case of the death, refusal to act, or inability of any of the said late sheriffs, the person, or persons, to be appointed pro tempore, shall not continue in office, or exercise the powers and authorities hereby given them for a longer time than one month after the first court held for such counties respectively. | Limitation of their power. |
| CHAP. V. An Act for the punishment of certain offences. | |
| WHEREAS, in the present time of danger, the safety of the people more especially requires that all persons who are so wicked as to devise the destruction of good government, or to obstruct the operation of the laws, should suffer punishment suitable to their crimes: Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That if any person residing or being within this commonwealth shall, from and after the publication hereof, by any word, open deed, or act, advisedly and willingly maintain and defend the authority, jurisdiction, or power, of the king or parliament of Great Britain, heretofore claimed and exercised within this colony, or shall attribute any such authority, jurisdiction, or power, to the king or parliament of Great Britain, the person so offending, being legally convicted thereof, shall be punished with fine and imprisonment, to be ascertained by a jury, so that the fine exceed not the sum of twenty thousand pounds, nor the imprisonment the term of five years. | Preamble. Punishment of those asserting the power of the king or parliament of Great Britain. |
| And be it farther enacted, by the authority aforesaid, That any person who shall maliciously and advisedly endeavour to excite the people to resist the government of this commonwealth as by law established, or persuade them to return to a dependence upon the crown of Great Britain, or who shall maliciously and advisedly excite or raise tumults and disorders in the state, or who shall maliciously and advisedly terrify and discourage | Or, who oppose the government of this commonwealth. |
| the people from enlisting into the service of the commonwealth, or dispose them to favour the enemy, every person so offending, and being thereof legally convicted, shall be punished with fine and imprisonment as aforesaid. | |
| And be it farther enacted, That all merchants, traders, and others, who shall knowingly import into this commonwealth from Great Britain, Ireland, or the British plantations in the West Indies, any goods, wares, or merchandise whatsoever, except salt from Bermuda and the Bahama islands, and such other articles as may be allowed by the general congress, and all merchants, traders, and others, who shall directly or indirectly, put on board for exportation, or shall export, any merchandise or commodity whatsoever to Great Britain, Ireland, or the British West Indies, from this commonwealth, except such articles of produce (beef and pork excepted) as may be exchanged for salt imported from Bermuda and the Bahama islands, and such other articles as may be allowed by the general congress, and being thereof legally convicted, shall forfeit all such goods, wares, and merchandise, together with the vessel or vessels importing or exporting the same. | Penalty for importing articles, except salt, or exporting, except allowed by congress. |
| And be it farther enacted, by the authority aforesaid, That this act shall be publickly read by the sheriff of every county in this commonwealth at the door of the courthouse of his county, on some court day on or before the first day of April next, and also by every minister of the gospel or reader immediately after divine service, at every church or meeting house where they officiate, on some Sunday within the said time; and every sheriff, minister, or reader, failing so to do, shall forfeit and pay the sum of ten pounds, to be recovered with costs by the informer before the court of the county where the offence shall be committed. | How this act to be published. |
| And be it farther enacted, by the authority aforesaid, That this act shall continue and be in force during the present war, and no longer. |
| CHAP. VI. | ||
| ||
| WHEREAS, by the dissolution of the government exercised by the king of Great Britain, courts of oyer and terminer cannot now be held for the trial of criminals committed to the publick jail, and their being sundry persons confined in the said jail of suspicion of felony, it is necessary that some temporary mode should be directed for bringing them to a speedy trial: | Preamble. | |
| Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That five commissioners, to be chosen by joint ballot of both houses of assembly, or any three of them, be, and they are hereby empowered and required to meet at the Capitol, in the city of Williamsburg, on the third Thursday in January next, then and there to hold a court of Oyer and Terminer, for the trial of the criminals in the publick jail; and the said commissioners of Oyer and Terminer, having taken the following oath, to wit, I A. B. do solemnly premise and swear that I will be faithful and true to the commonwealth of Virginia, and that I will well and truly execute the office of commissioner of Oyer and Terminer, to which I have been appointed by the general assembly, without favour, affection, or partiality. So help you God. To be administered to the commissioner first name [named] and present by any of the others, and by him to the others, shall then and there proceed to the trial of all the said criminals, in like manner as is directed for courts of Oyer and Terminer, in and by an act intituled An act directing the method of trial of criminals for capital offences, and for other purposes therein mentioned, and may adjourn from day to day until all the said criminals are tried. And the sheriff of York county shall summon grand and petit juries for such trials, and attend the said commissioners according to the directions of the said act; and against such criminals as shall be found guilty, by verdict of the petit jury, the said commissioners shall proceed to judgment according to law, and award execution thereupon, saving | Special court of oyer and terminer constituted. |
| to the governour his right of granting pardons to all capital offenders, according to the constitution of government. | |||
| And be it farther enacted, That the clerk of the secretary's office shall immediately issue writs of venire facias for the summoning a venire from the county, in the case of each criminal who, according to the said act, hath a right to be tried by a jury of the vicinage, and shall also issue summons for the witnesses against each criminal, and those he or she may desire to be summoned in his or her behalf, to attend at the time aforesaid. | Venire facias, how issued. | ||
| CHAP. VII. | |||
|
[Chan. Rev. p. 40.] | ||
| I. WHEREAS the act of assembly made in the year 1769, intituled An act to make provision for the support and maintenance of ideots, lunaticks, and other persons of unsound minds, will expire at the end of the present session of assembly, and it is necessary that the same should be farther continued: | Act making provision for idiots and lunaticks, further continued. | ||
| II. Be it therefore enacted by the General Assembly of the commonwealth of Virginia, and it is hereby enacted by the authority of the same, That the said act shall continue and be in force from and after the end of this present session of assembly for and during the term of one year, and from thence to the end of the next session of assembly. |
| Pages 130-151
| Pages 174-198
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