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| CHAP. VIII. | |||
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[Chan. Rev. p. 40.] | ||
| I. WHEREAS the reward offered for apprehending horsestealers, by an act intituled An act to prevent losses from drivers passing with horses anc cattle through this colony, and for laying a duty on horses imported, and the more effectual preventing horsestealing, is found not to be a sufficient inducement to persons to undertake the pursuit of those offenders, who are of late greatly multiplied, more especially on the frontier parts of the country, to the great detriment and loss of the inhabitants: | Preamble. | ||
| 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 all and every person and persons who shall apprehend and take any person guilty of the stealing of any horse, and shall prosecute him, her, or them, so apprehended and taken, until he, she, or they, be convicted thereof, such apprehenders or takers, for his, her, or their reward, shall have and receive the sum of ten pounds, over and above the reward given by the said act, to be paid by the treasurer for the time being, upon such certificate of the conviction of the felons as is in the said act directed and required. | Additional reward for apprehending horsestealers. | ||
| III. Provided always, and be it farther enacted, That no person who is or shall be admitted as a witness against the person or persons so apprehended and prosecuted, upon his, her, or their trial for the said offence, shall be entitled to the rewards given by this and the said recited act, or any part thereof, unless the judges before whom the criminal shall be tried shall be of opinion there was other sufficient evidence to corroborate the testimony of such apprehender, so as to induce them by their certificate to entitle him or them to such reward. | Witnesses, how entitled. | ||
| IV. And be it farther enacted, by the authority aforesaid, That the reward to be paid by this, or the said recited act, shall be by the general assembly levied upon | Reward levied on estate of offender. |
| on the estate of the offender, if the same be sufficient, and paid to the treasurer for the time being, for the use of the public. | |
 CHAP. IX. An act for the revision of the Laws.* | |
| WHEREAS on the late change which hath of necessity been introduced into the form of government in | Preamble. |
| |
| * In pursuance of this act, a committee was appointed, on the 5th day of November 1776, who did not report until the 18th of June 1779, as the following authentic documents prove. | |
| IN GENERAL ASSEMBLY, Tuesday the 5th day of November, 1776. RESOLVED, That Thomas Jefferson, Edmund Pendleton, George Wythe, George Mason, and Thomas Ludwell Lee, esquires be appointed a committee to revise the laws of this commonwealth. Teste, | |
| |
| In the HOUSE OF DELEGATES, the 18th day of June,
1779. The speaker laid before the House a letter from Thomas Jefferson, esq. governor of the commonwealth, and George Wythe, esq. two of the committee of revisors, in the words following: | |
| WILLIAMSBURG, June 18, 1779. | |
| SIR, The committee appointed in pursuance of an act of general assembly passed in 1776, intituled "An act for the revision of the laws," have according to the requisitions of the said act gone through that work, and prepared 126 bills, the titles of which are stated in the inclosed catalogue. Some of these bills have been presented to the House of Delegates in the course of the present session two or three of them delivered to members of that house at their request to be presented, the rest are in the two bundles which accompany this; these we take the liberty through you of presenting to the General Assembly. In the course of this work we were unfortunately deprived of the assistance and abilities of two of our associates appointed by the General Assembly, of the one by death, of the other by resignation. As the plan of the work had been settled, and agreeable to that plan it was in a considerable degree carried into execution before that loss, we did not exercise the powers given us by the act, of filling up the places by new appointment, being desirous that the plan agreed on by members who were specially appointed by the Assembly, might not be liable to alteration from others who might not equally possess their confidence, it | |
| This foot note concluded on the next page. |
| this country it is become also necessary to make corresponding changes in the laws heretofore in force, many of which are inapplicable to the powers of government as now organised, others are founded on principles heterogeneous to the republican spirit, others which, long before such change, had been oppressive to the people, could yet never be repealed while the regal power continued, and others, having taken their origin while our ancestors remained in Britain, are not so well adapted to our present circumstances of time and place, and it is also necessary to introduce certain other laws, which, though proved by the experience of other states to be friendly to liberty and the rights of mankind, we have not heretofore been permitted to adopt; and whereas a work of such magnitude, labour, | |
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| This footnote begun on the previous page, and concludes here. | |
| has therefore been executed by the three remaining members, one of whom
being prevented from putting his signature hereto, by the great distance of his residence from
this city, has by letter authorized us to declare his concurrence in the report. We have the honor to be with the utmost respect, | |
| |
| Hon Benjamin Harrison, Esquire, Speaker of the House of Delegates. Ordered that the said letter with its enclosures do lie on the table. | |
| JOHN BECKLEY, C. H. D. | |
| Some of the bills thus reported were enacted into laws, at the sessions of 1779, 1785, and 1786; but the bills never seem to have been taken up by the legislature as a complete code. In the mean time provision was made for a collection of our laws, by the following resolution of the 16th of June 1783. | |
| " Resolved, That it be an instruction to the executive to cause the several acts of the General Assembly subsequent in date to the revisal in the year 1769, and the ordinances of Convention which are now in force to be collected into one code with a proper index, and marginal notes, to be revised and examined by any two judges of the high court of Chancery; that copies of this code be printed in sufficient numbers for the use of the two houses of Assembly, the several executive boards, the superior courts of justice and the county and corporation courts, that they be covered with paste board. And that the executive be empowered to defray the expense of this collection and of printing the same out of any money in the treasury. Provided nevertheless, That the whole expence attending the same do not exceed the sum of seven hundred and fifty pounds." | |
| [Passed the house of Delegates the 13th of June, and agreed to by the Senate, the 16th of June, 1783. See M. S. Journ. of H. D. May 1783, pa. 165, 182.] | |
| This edition, which was printed in 1785, has been generally called The Chancellors' Revisal. | |
| For a general view of the several authoritative Editions of our Laws, see 2 Rev
Code of 1819, pa. 323−325.
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| and difficulty, may not be effected during the short and busy term of a session of assembly: | |
| 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 a committee to consist of five persons, shall be appointed by joint ballot of both houses (three of whom to be a quorum) who shall have full power and authority to revise, alter, amend, repeal, or introduce all or any of the said laws, to form the same into bills, and report them to the next meeting of the general assembly. | Committee of revisors, how appointed. Their powers. |
| And to prevent any delay which may happen in the proceedings of the said committee, by the death or disability of any member thereof, Be it farther enacted, That if either of the said members should die, refuse to act, or be disabled by sickness from proceeding in the said work, it shall be lawful for the remaining members to appoint some other person in his stead, and place, which person so appointed is hereby declared a member of the said committee, in like manner as if he had originally been appointed by joint ballot of both houses. | Vacancies, how supplied. |
| And be it farther enacted, That the said committee shall have power to meet at such times and places as they shall think proper for the purpose of proceeding on the said revisal, to appoint a clerk for their ease and assistance in the work, and to send for any copies of records to the clerk in whose custody they are, which such clerk is hereby directed forthwith to transmit to them. | Further powers. |
| Provided, That such bills so to be prepared and reported by the committee of revisors shall be of no force or authority until they shall have gone through their several readings in both houses of assembly, and been passed by them in such manner and form as if the same had been originally introduced without the direction of this act. | Bills to be passed by general assembly. |
| CHAP. X. | ||
| ||
| WHEREAS so much of an ordinance intituled An ordinance psescribing the oaths of office to be taken by the governour and privy council, and other officers of the commonwealth of Virginia, and for other purposes therein mentioned, as gives the governour, with the advice of the privy council, all such powers and authorities as were heretofore given to the committee of safety, and also to direct such military movement and operations as in their judgment shall be necessary for the safety and security of the commonwealth, is nearly expired, which, if permitted in this time of war and imminent danger, may be attended with fatal and destructive consequences to the community. | Powers of committee of safety, further continued in governor and council. | |
| 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 powers and authority shall be vested in and continue with the governour and council to the end of the next session of assembly, and no longer. |
| CHAP. XI. | ||
| ||
| WHEREAS it hath been thought necessary, by the American congress, that the armies of the United States should be augmented to eighty eight battalions, to be enlisted to serve during the continuance of the present war, unless sooner discharged, and that fifteen of the said battalions should be furnished by this commonwealth, and the said congress, by their resolutions, have engaged to give to every non-commissioned officer and private soldier a present bounty of twenty dollars, an annual bounty of a suit of clothes, to consist for the present year of two linen hunting shirts, two pair of overalls, a leathern or woollen waistcoat with sleeves, one pair of breeches, a hat or leathern cap, two shirts, two pair of hose, and two pair of shoes, amounting in the whole to the value of twenty dollars, or that sum to be paid to each soldier who shall procure those articles for himself, and to provide the following portions of land, to be given at the close of the war, or whensoever discharged, to the officers and soldiers who shall engage in the said service, or to their representatives, if slain by the enemy, to wit: To every non-commissioned officer or soldier one hundred acres, to every ensign one hundred and fifty acres, to every lieutenant two hundred acres, to every captain three hundred acres, to every major four hundred acres, to every lieutenant-colonel four hundred and fifty acres, and to every colonel five hundred acres. | Additional forces on continental
establishment to be raised for the war. Bounty. Cloathing. Land bounty. | |
| And whereas there are already in the continental service eight battalions of regulars raised in this commonwealth, who were enlisted to serve for certain terms only, and one other battalion formerly in the said service, and dissolved by the expiration of the time of their enlistment, has been ordered to be re-established, by new levies, which nine battalions are to be taken as part of the fifteen from this commonwealth, provided they shall re-enlist for the continuance of the war, and there are also in the service of this commonwealth five companies of land forces stationed at different posts on | Forces, already in continental service, estimated as part of the fifteen battalions to be raised by Virginia. |
| the river Ohio, whom it may be expedient to engage in the six new battalions now necessary to be raised, to complete the said number of fifteen battalions. | |
| Be it therefore enacted by the General Assembly of the commonwealth of Virginia, That it shall and may be lawful for the governour, with the advice of his privy council, and he and they are hereby required, to take such measures as to them shall seem most expedient for engaging the said nine battalions, and also so many of the companies stationed on the Ohio as shall be willing to be of the armies of the United States, on the new establishment before recited; and, for that purpose, to give recruiting powers to the officers commanding the same, or to send special commissioners, if that measure shall appear more effectual, or to adopt any other ways or means most likely to procure their speedy enlistment. | Powers of governor, &c. to aid recruiting service. |
| And for raising the said six battalions, Be it farther enacted, That the committees to be elected for the counties of Yohogania,* Monongalia,* and Ohio,* and the field officers and captains of the militia, or a major part of them, in the other counties in this commonwealth, and in the city of Williamsburg, to be called for this express purpose by their commanding officers respectively, to wit: Charlotte, one captain, one second lieutenant, one ensign; Prince Edward, one first lieutenant, one second lieutenant, one ensign; Mecklenburg, one captain, one first lieutenant, and one ensign; Amherst, one captain, one first lieutenant, one second lieutenant, and one ensign; Albemarle, one captain, one first lieutenant, one second lieutenant, one ensign; Buckingham, one captain, one ensign; Louisa, one first lieutenant, and one second lieutenant; King George, one first lieutenant, one second lieutenant; Stafford, one captain, one ensign; Loudoun, two captains, two first lieutenants, one second lieutenant, and one ensign; Berkeley, one captain, one first lieutenant, two second lieutenants, two ensigns; Frederick, one captain, one first lieutenant, two second lieutenants, one ensign; Spotsylvania, one first lieutenant; Orange, one captain, one ensign; Prince William, one captain, one first lieutenant, one second lieutenant; Caroline, one | Number of captains and subalterns to be appointed by committees of Yohoganin, Monongalia, and Ohio counties, and the field officers of other counties. |
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| |
| * The names of these counties, for the first time, occur in this act. They were formed, during the present session, out of the district of West Augusta. See post. chap. 45. |
| captain, one first lieutenant, one second lieutenant, one ensign; Chesterfield, one captain, one first lieutenant, one second lieutenant, one ensign; Cumberland, one captain, one first lieutenant, one second lieutenant, one ensign; Fairfax, one captain, one first lieutenant, one second lieutenant, one ensign; Halifax, one captain, one first lieutenant, one second lieutenant, one ensign; Norfolk, one captain, one first lieutenant, one second lieutenant, one ensign; Fauquier, one captain, one first lieutenant, one second lieutenant, one ensign; Ooockland,* one captain, one ensign; Henrico, one first lieutenant, one second lieutenant; Amelia, one captain, one first lieutenant, one second lieutenant, two ensigns; Brunswick, one captain, one first lieutenant, two second lieutenants, one ensign; Lunenburg, one captain, one first lieutenant; Charles City, one second lieutenant, one ensign; New Kent, one captain; James City, one second lieutenant; Dunmore, one captain, one first lieutenant, one second lieutenant, one ensign; Culpeper, one captain, one first lieutenant, one second lieutenant, one ensign; Hanover, one captain, one first lieutenant, one second lieutenant, one ensign; King and Queen, one captain, one second lieutenant, one ensign; Middlesex, one first lieutenant; Dinwiddie, one captain, one second lieutenant; Prince George, one first lieutenant, one ensign; Surry, one captain; York, one first lieutenant; Williamsburg, one second lieutenant; Elizabeth City, one ensign; Southampton, one captain, one second lieutenant, one ensign; Sussex, one first lieutenant, one second lieutenant, one ensign; Isle of Wight, one captain, one first lieutenant; Northumberland, one captain, one second lieutenant, one ensign; Westmoreland, one captain, one first lieutenant; Richmond, one first lieutenant, one ensign; Lancaster, one second lieutenant; King William, one first lieutenant, one second lieutenant; Essex, one captain, one ensign; Gloucester, one captain, one first lieutenant, one second lieutenant; Nansemond, one captain, one second lieutenant, one ensign; Princess Anne, one first lieutenant, one ensign; Hampshire, one captain, one first lieutenant, one second lieutenant, one ensign; Botetourt, two captains, one first lieutenant, one second lieutenant, one ensign; Bedford, one captain, one first lieutenant, two second lieutenants, two ensigns; Pittsylvania, one captain, two first lieutenants, one second lieutenant, one ensign; Augusta, two captains, two first lieutenants, two second | * So in the original, but it should be Goochland. |
| lieutenants, two ensigns; Fincastle, one captain, one first lieutenant, one second lieutenant, one ensign; Yohogania, five captains, five first lieutenants, five second lieutenants, five ensigns; Monongalia, three captains, three first lieutenants, three second lieutenants, three ensigns; Ohio, two captains, two first lieutenants, two second lieutenants, two ensigns; which several officers, so to be appointed, shall immediately proceed to enlist, upon the terms before recited, the several quotas of men following, that is to say: Every captain shall enlist twenty eight men, every first lieutenant twenty, every second lieutenant sixteen, and every ensign ten, and shall be at liberty to do the same as well within their respective counties as without, and be allowed a dollar and one third for each man for recruiting expenses. And if any officer shall fail to recruit his quota of men before mentioned, on or before the first day of January next, the committee of the county, or the militia officers, as the case shall be, by whom such officer was appointed, may either appoint another in his stead, or may continue him, if it shall appear to them that the quota of such officer may be sooner completed by his continuance; but if he, or the officer appointed in his stead, shall farther fail to raise the said quota, before the said first day of February next, then the committee of the county, or the militia officers, as the case shall be, who appointed such officer, shall make report of the whole matter to the governour, who, with the advice of the privy council, shall take such measures thereon as shall seem most likely to expedite the raising the said quota, whether it be by continuing the same officer, or by making a new appointment. And wheresoever any new appointment shall be made, on failure of any officer or officers to raise their quotas, the men enlisted by such officer or officers so failing shall be delivered over to the officer appointed to succeed him, he refunding to the officer who enlisted the same such recruiting expenses. | Quota of men to be recruited by each officer. Effect of failure. |
| And be it farther enacted, That the several committees, or the militia officers, as the case shall be, at the time of appointing the captains and other inferiour officers, as aforesaid, shall fix on some certain convenient place where the several officers shall rendezvous, the quotas of men by them to be enlisted, and also shall nominate two of their members residing as near as may be to such place of rendezvous to review the said men | Rendezvous of recruits how appointed. Review and certificate thereof. |
| so to be enlistes; which members, having examined the persons enlisted, and found them to be able-bodied healty men, not under five feet two inches high, and to have been regularly enlisted, shall certify the same, together with the time at which such review was had, to the governour, or in his absence to the president of the countcil, who shall thereupon take proper measures for procuring from congress commissions for such officers, giving them seniority according to the times of their respective reviews. And in case it shall appear,from such certificates, that two or more quotas have been reviewed on the same day, the governour, or in his absence the president of the council, shall settle the priority of rank between tthe officers of those quotas by fair and equal lot. | Commissions from congress. Grade, how settled. |
| And be it farther enacted, That, to each of the said six additional battalions, one colonel, one lieutenant-colonel, and one major, shall be appointed, by joint ballot of both houses of Assembly, and one chaplain, and one surgeon, by the field officers and captains of each battalion respectively; and that all chaplains and surgeons, as well of the said six battalions as of the nine battalions now in continental service, shall at all times be removeable, and others appointed in their stead, by the said field officers and captains of their respective battalions, for good cause to them shewn. And the surgeons mates shall be appointed by the surgeons themselves, with the approbation of the commanding officer of the battalion, and the adjutant, regimental quartermaster serjeant-major, quartermaster's serjeant, and drum-major, by the said commanding officer of the battalion. | Field officers and staff, how appointed. |
| And be it farther enacted, That the quotas of men raised by the officers to be appointed by the committees of Yohogania, Monongalia, and Ohio, shall be formed into distinct companies by the said committees respectively, which companies shall constitute one of the said six additional battalions; and the quotas raised by the officers to be appointed by the militia officers of the other counties shall by them respectively be formed into one or more companies, or parts of a company, according to the nature and number of the quotas. And the said companies, and parts of companies, shall be formed into battalions of ten companies each by the governour, or in his absence by the president, who shall allot to each battalion such of the field officers | Organization of recruits. |
| to be appointed by the two houses of assembly as he shall judge best suited to the same, and shall deliver to the continental commander in this colony a roll of each battalion, as soon as the same shall be so embodied and officered. | |
| CHAP. XII. An act for the appointment of naval officers and ascertaining their fees. | |
| WHEREAS it is expedient to adopt some regular mode for the appointment of naval officers within this commonwealth, as well as for fixing the duty and ascertaining the fees of such officers: Be it therefore enacted by the General Assembly of the commonwealth of Virginia, that naval officers shall be appointed for the respective districts following, by joint ballot of both houses of assembly, to wit: For the lower district of James river, extending from Hampton to the mouth of Kyth's or Lawn's creek, one; for the upper district of the said river, extending from Kyth's or Lawn's creek, upwards, one; for the district of Elizabeth river, one; for the district of Rappahannock river, one; for the district of South Potowmack, one; for the district of the Eastern Shore, two, namely, one in Accomack, and one other in Northampton county; which officers to to be appointed shall be commissioned by the governour, and at the time of receiving their commissions shall enter into bond, with good and sufficient security, in the penalty of five thousand pounds, for the due and faithful discharge of their office according to law, and take the following oath for that purpose, to be administered by the governour and council, to wit: "I A. B. do swear, that I will be faithful and true to the commonwealth of Virginia, and will well and duly discharge the duty of naval officer for the district of , according to law, to the best of my skill and judgment, without favour, affection, or partiality. So help me God." | Naval officers to be appointed. For what districts. Bond. Oath. |
| And be it farther enacted, That in case of vacancies, occasioned by the death, resignation, or other disability, of any of the said officers, the governour, with the advice of the privy council, shall, and he is hereby authorised and empowered to appoint some fit and proper person to execute the said office, and take bond, administer an oath, and grant commission, to such person, in manner aforesaid, who shall continue in office till the end of next session of assembly. | Vacancies, how supplied. |
| And be it farther enacted, That every naval officer shall and may grant permits, under his hand and seal, to all owners or masters of ships or vessels within his district who shall apply for the same, to export out of this commonwealth, tobacco, wheat, flour, corn, grain, or other commodities, to any port, island, or place allowed of by law, particularising in every such permit the name of the vessel, her owner, and master, the cargo she has on board, her tunnage, where built, and other necessary descriptions, and taking bond of the master, with good security, according to the burthen of his vessel, as followeth: If the ship or vessel be under, and not exceeding one hundred tuns, the bond shall be for one thousand pounds current money, if upwards of one hundred tuns, the bond shall be for two thousand pound current money, conditioned, that he will not proceed with the same to any port, island, or place, prohibited by law; and may also grant permits to the master or owner of any ship or vessel which shall import into this commonwealth any goods, wares, or merchandise (except the same shall be imported contrary to law) to proceed to any part thereof, and dispose of the same. And no master of a ship or vessel so importing shall be permitted to break bulk, or trade, until he shall have procured such permit, under penalty of one hundred pounds to revery such offence, to be recovered with costs, by action of debt or information, in any court of record. | Permits for exportation. Bonds of masters of vessels. Permits for importation. Effect of permits. |
| And be it farther enacted, That the master or owner of every ship or vessel, obtaining permit to export as aforesaid, shall, within eighteen months therefrom, produce to the officer granting the same a certificate under the hand and seal of a principal magistrate, or of two or more creditable merchants residing at the port or island he proceeded to, that the commodities by him exported in such ship or vessel were carried to and disposed | Within what time master of vessel to produce certificate of compliance with permit. |
| of at some port, island, or place, allowed of by law, upon receipt of which certificate the naval officer is hereby required to cancel the bond given by such person; and in case of failure or neglect in the master or owner of any ship or vessel, so exporting, to produce such certificate within the term aforesaid, the penalty of his bond shall be forfeited to the use of this commonwealth, and may be sued for and recovered, with costs, by action of debt or information, in any court of record within this commonwealth. | Bond cancelled. Penalty for failure. |
| Provided, That no action shall be admitted for the forfeiture of any such bond unless the same shall be commenced within one year after the bond became forfeited. | Limitation of action. |
| And for prevention of the dangerous consequences that may arise from the breach and contempt of embargoes, Be it farther enacted, That all masters of ships and vessels, when they make their entry, shall give bond with sufficient security, to the naval officer, according to the burthen of their ships or vessels, as followeth: If the ship or vessel be under one hundred tuns, the bond shall be for one hundred pounds current money; if one hundred tuns, and not two hundred tuns, the bond shall be for two hundred pounds current money; if two hundred tuns and upwards the bond shall be for five hundred pounds current money; to all which bonds the condition shall be, not to depart this commonwealth when an embargo is laid during the continuance of such embargo, and also to observe and follow such rules and directions as shall be thought farther necessary to be given therein. | Bonds to prevent sailing in contempt of embargoes. |
| Provided always, That when an embargo is laid, the naval officers, upon receipt of the order for such embargo, shall forthwith give notice to the several masters of ships or vessels within their respective districts of the said embargo, and the time of the continuance thereof; and that no bond whatsoever required and given by virtue of this act shall be adjudged, deemed, or taken to be forfeited, unless notice hath been given as aforesaid, and breach be made of the condition of the said bond after such notice, any thing to the contrary notwithstanding. | Duty of naval officers, in relation to embargoes. |
| And be it farther enacted, That every naval officer, at the time of clearing, and before he clears out hence any ship or vessel, shall administer to the master thereof the following oath: I A. B. master of the ship or | Oath of master, &c. of vessel; to prevent carrying out |
| vessel C, do swear, that I will make diligent enquiry and search in my said ship or vessel, and will not knowingly or willingly carry, or suffer to be carried, in my said ship or vessel, out of this commonwealth, without such pass as is directed by law, any person or persons whatsoever that I shall know to be removing hence in order to defraud their creditors, nor any servant or slave that is not attending his or her master or owner; and shall, moreover, administer an oath of the same effect to the mate and boatswain of every such ship or vessel. And also, at the time of clearance as aforesaid, shall require of the master of every ship or vessel who unladed ballast a certificate, under the hand and seal of the proper officer, that such ballast was unladen and brought on shore, according to law; and in case of failure or neglect in the master of every ship or vessel so unlading ballast to produce such certificate, he shall forfeit and pay the sum of fifty pounds to the use of this commonwealth, to be recovered with costs, by action of debt or information, in any court of record. | debtors, servants, and slaves. Certificate, as to unlading ballast. |
| And be it farther enacted, That every naval officer, at the time of granting a permit to trade, shall take a bond of the master of the ship or vessel, in the penalty of two hundred pounds, and shall take a like bond of every master of a ship or vessel intending to take tobacco on board for exportation; conditioned, that he will not crop, cut away the bulge; draw the staves, or otherwise abuse or injure, any tobacco cask freighted in his ship or vessel, nor cause or suffer the same to be done, with his knowledge, privity, or procurement, without the approbation or consent of the freighter or freighters, and shall also administer an oath (or the person being a Quaker, may make solemn affirmation) to the same effect; and if any naval officer shall fail so to do in either of the premises, he shall forfeit and pay the sum of two hundred pounds, one moiety to the use of this commonwealth, for and towards the better support of government and the contingent charges thereof, the other moiety to the informer, recoverable with costs, by action of debt or information, in any court of record. | Bond, and oath as to exporting tobacco. |
| And be it farther enacted, That upon any suspicion of fraud or concealment, or that the master of any ship or vessel doth make a false report of his lading, it shall be lawful for the naval officer of the district, for discovery of the said fraud or concealment, and for the better | Power of naval officer to examine on oath. |
| finding out the truth of the matter, to examine, upon oath, the mate, boatswain, or any other of the seamen belonging to the said ship or vessel, as also any other person or persons whatsoever, concerning the lading of the said ship or vessel, as to him shall seem fit and convenient. | |
| And be it farther enacted, That the naval officers fees shall be as followeth, that is to say: For entering and clearing any ship or vessel of fifty tuns and under, except all vessels transporting goods from one district to another, ten shillings; for entering and clearing any ship or vessel above fifty and under one hundred tuns, fifteen shillings; for entering and clearing any ship or vessel of one hundred tuns, or above, one pounds ten shillings; for taking a bond, two shillings and sixpence; for a permit to break bulk and to load, two shillings and sixpence; for a bill of health, five shillings; for a bill of stores to be granted during an embargo on provision, but not otherwise, two shillings and sixpence; for a certificate for all imported goods that shall be removed out of one district or river into another, after they are once landed (to be paid to the officer of the district from whence the said goods are brought,) two shillings and sixpence; all which fees shall be paid in current money of this commonwealth. | Fees of naval officers. |
| And be it farther enacted, That it shall not be lawful for any naval officer within this commonwealth to demand and take any fee or fees for any other business, matter, or thing by him done or performed as naval officer, than the particulars before enumerated in this act, or to demand and take any greater fee for any of the particulars before enumerated than the fee given and allowed by this act for the same; and if any naval officer shall offend in either of the premises, and be thereof lawfully convicted, he shall for the first offence forfeit and pay one hundred pounds, one moiety to this commonwealth, for and towards the better support of government and the contingent charges thereof, and the other moiety to the party injured, to be recovered with costs, by action of debt or information, in any court of record in this commonwealth. And if the naval officer shall offend a second time, and be thereof lawfully convicted, he shall be thereby disabled in law, and made utterly incapable to hold, execute, and enjoy his place and office of naval officer, or any profit or advantage arising therefrom, for ever; and the said | Penalty for exceeding legal fees. |
| place and office shall, immediately after such conviction, be void, to all intents and purposes, as if the said naval officer had been naturally dead, and moreover shall forfeit and pay to the informer the sum of twenty pounds, to be recovered with costs as aforesaid. | |
| And be it farther enacted, That if any persons injured by a naval officer, demanding and taking any fee or fees contrary to his act, shall fail to inform against such naval officer for the said offence, within three months after the offence committed, it shall be thereafter lawful for any other person or persons whatsoever to prosecute the offender, and recover, any thing in this act before contained to the contrary notwithstanding. | Who may prosecute. |
| Provided, That no naval officer shall be impeached or questioned, for or concerning any offence aforesaid, unless he be prosecuted within one year next ensuing such offence committed. | Limitation. |
| And be it farther enacted, That every naval officer within this commonwealth shall be, and he is hereby strictly enjoined and required to set up, or cause to be set up, in his office, a fair written table or copy of his fees according to this act, and from time to time to continue the same, by setting up a new or fresh table or copy, as occasion may require. | Table of fees to be set up. |
| And be it farther enacted, That if any naval officer, or any other person or persons deputed by him, shall, directly or indirectly, take or receive any bribe, recompense, or reward in any king whatsoever, or shall connive at a false entry, or any entry whatsoever made contrary to law, the person or persons so offending shall forfeit and pay the sum of one hundred pounds current money, and be for ever afterwards disabled in the said office, and rendered incapable of holding any office or employment relating to the customs within this commonwealth; and the person or persons giving or offering any bribe, reward, or recompense, shall forfeit and pay one hundred pounds current money. | Bribery in naval officer, how punishable. |
| And be it farther enacted, That every naval officer shall be obliged, on receiving any fee or fees, to give a receipt to the person paying the same, with a particular account of the services for which such fees are demanded, under the penalty of ten pounds for every refusal, to be recovered with costs, by action of debt, by the informer, in any court of record within this commonwealth. | Receipts to be given for fees. |
| And be it farther enacted, That no naval officer shall clear out any ship or vessel without administering to the master thereof on oath that the produce and commodities by him to be exported have been duly shipped according to law, or until he shall produce to him a certificate that the produce and commodities to be exported have been duly shipped, inspected, stamped, and branded, according to law; and the naval officer failing or neglecting so to do shall for every offence forfeit and pay the sum of fifty pounds, recoverable with costs, by the informer, in any court of record within this commonwealth. And every naval officer shall and may go on board any ship or vessel in which any produce or other commodities, not inspected, stamped, or branded according to law, have been shipped, and seize, secure, and bring on shore the same, which, or the value thereof, shall be forfeited to the informer, recoverable before a justice of the peace; and such naval officer, for seizing the same, may demand and take the like fee as for serving an execution, to be paid by the party frm whom such seizure shall be. And if any naval officer shall be sued for any thing by him done in pursuance of this act, he may plead the general issue, and give this act in evidence. | Oath to be administered in clearing out. |
| And be it farther enacted, That from and after the first day of January next no ship or vessel whatsoever crossing the seas, or trading to any foreign port, island, or place, shall be deemed or pass as a ship or vessel of the built of this commonwealth, so as to be qualified to trade in manner aforesaid , until the person or persons claiming property in such ship or vessel shall register the same, as followeth, that is to say: Every owner of a ship or vessel shall take an oath, to be administered by the naval officer of the district where the vessel shall be built or purchased, in the tenour following: Virginia, to wit: Jurat A. B. that the ship of whereof is at present master, being a of tuns, was built in the year and that of and of &c. are at present owners thereof. Which oath shall be attested by such naval officer under his hand, and the seal of his office, thereto affixed; and the said naval officer is hereby required to register the same in a book of registers to be kept for that purpose, and afterwards deliver the same to the master or owner of the ship or vessel for the security of her navigation. And every | No vessel crossing the seas, deemed to be
built of this commonwealth until registered. Form of register. |
| transfer of property, in any ship or vessel so registered, shall be endorsed by some naval officer under his hand and seal. And the naval officer, for preparing, recording, or entering a register in his book of registers, may demand and take five shillings current money, and for every endorsement of transfer of property two shillings and sixpence current money, and no more, any thing in this act before contained to the contrary notwithstanding. | Transfer of vessel to be endorsed, by naval officer, on the
register. Fees for register. |
| And be it farther enacted, That every naval officer shall enter in a book, to be kept for that purpose, a fair list of the entries and clearances of all vessels with their cargoes, and once in every three months transmit a copy thereof to the governour. | Entries and clearances of vessels, to be noted by naval officer. |
| And be it farther enacted, That the several bonds hereby directed to be taken shall be made payable to the governour, for the use of the commonwealth; and that the several fines hereby inflicted, and not otherwise appropriated, shall be one moiety to the informer, and the other moiety for the use of the commonwealth, to be recovered with costs, by action of debt or information, in any court of record within this commonwealth. | Bonds, payable to governor. |
| And be it farther enacted, That all and every other act and acts, clause and clauses, heretofore made, for or concerning any matter or thing within the purview of this act, shall be, and the same are hereby repealed. | Repeal of former acts. |
| And be it farther enacted, That this act shall continue and be in force from and after the said first day of January, for and during the term of two years, and from thence to the end of the next session of assembly. | Limitation of this act. |
| CHAP. XIII. | ||
| ||
| WHEREAS it is judged necessary, as well for the internal security of this country as for the protection of its trade and commerce, that proper fortifications should be erected at the most convenient harbours: 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 governour, with the advice of the privy council, or the president or vice president, as exigencies may arise, with the advice of the said council, may, and he is hereby authorised to direct such fortifications as they may judge necessary and proper to be erected at the following places, to wit: At Portsmouth, in the county of Norfolk; at Yorktown; at Hampton; at Corotoman, in the county of Lancaster; and at Cherrystone's, in the county of Northampton; the two former to be strengthened in the most effectual manner on the land side also, and the whole to be provided with proper ordnance and all other necessaries. And the governour, with the advice of the council, is farther empowered to appoint a skilful engineer for the general service of this commonwealth, who shall hold the rank of and be entitled to the same rations as a lieutenant-colonel, allowed two dollars per day for his pay, a theodolite and chain, a servant and horse, and forage for two horses. | Preamble. Fortifications to be erected. Engineer appointed. His rank and pay. | |
| And for garrisoning the said fortifications, and for the farther defence of this country, Be it enacted by the authority aforesaid, That three battalions of infantry be forthwith raised, to consist of ten companies each of sixty eight able-bodied men rank and file, each battalion to be commanded by a colonel, lieutenant-colonel, and major, ten captains, twenty lieutenants, ten ensigns, and forty serjeants, and to be allowed a drummer and fifer to each company; and to each of the said battalions there shall be moreover allowed a commissary of provisions, a paymaster, a chaplain, an adjutant, a regimental quartermaster, one surgeon, two surgeons mates, one serjeant-major, one drum major, and one quartermaster serjeant. | Three battalions to be raised to garrison the fortification.
Officers. Staff. |
| And be it farther enacted, That the field officers shall be appointed by joint ballot of both houses of assembly, and commissioned by the governor; the captains and subalterns, the commissary, and paymaster, by the governour, with the advice of the council; the chaplain and surgeon of each regiment, by the field officers and captains; the surgeons mates by the surgeon himself, to be approved by the commanding officer; the adjutant, regimental quartermaster, serjeant-major, quartermaster-serjeant, and drum-major, by the commanding officer of each regiment; provided, that all the captains and subalterns of minute men within this commonwealth, who have been called out into actual service, and volunteers formerly called into duty for the assistance of North Carolina, and since employed in the service of this commonwealth, who shall be willing to serve in the battalions now to be raised in their present ranks, shall be first appointed to the several offices which they now respectively hold. | Officers, how appointed. |
| To prevent disputes which might arise between continental officers and those of the like rank in this commonwealth, when they shall act together, Be it enacted, That in all such cases the officers of this state shall yield to all continental officers of the same rank, and that in all cases where the militia are called into service, at any place where any of the continental forces, or those raised for the defence of this country, shall be employed, such militia shall be under the direction of the commanding officer of the continental or regular forces during the time of their continuance in such service, provided he be of equal or superiour rank to any officer in such militia. | Continental officers, take precedence of state. |
| And be it farther enacted, That the said captains and subalterns shall immediately, after their respective appointments, proceed to enlist their several quotas of men following, that is to say: Every captain shall enlist twenty eight men, every first lieutenant twenty, every second lieutenant sixteen, and every ensign ten; and shall be at liberty to do the same in any part of this commonwealth, and be allowed one dollar and a third of a dollar for each man, for recruiting expenses; and if any officer shall fail to recruit his quota of men before mentioned, on or before the first day of March next, the governour, with the advice of the privy council, shall take such measures thereon as shall seem most likely to expedite the raising such quota, whether it be by continuing | Quota to be recruited by respective officers. Recruiting expenses. Officers failing to recruit, may be superseded. |
| the same officer or by making a new appointment. And whenever any new appointment shall be made, on failure of any officer or officers to raise their respective quotas, the men enlisted by such officer or officers so failing shall be delivered over to the officer appointed to succeed him, he refunding to the officer who enlisted the same such recruiting expenses. | Effect thereof. |
| And for settling the rank of such officers to be appointed as before directed, Be it enacted, That the field officers of each battalion shall be entitled to rank according to the preference given in their election, and the captains and subalterns (except the minute and volunteer officers before mentioned) shall hold rank as shall be settled by the governour, with the advice of the council, according to the priority of the completion of their respective companies. | Rank of officers how settled. |
| To the end that recruits raised by virtue of this act may be more conveniently reviewed and passed, Be it enacted, That two of the field officers of the militia of any county, where recruits shall be raised upon request of the captains or subaltern officers, shall review and examine such recruits, and pass a certificate for such and so many as the said field officers shall judge sufficient for the service. | Recruits how reviewed. |
| And be it farther enacted, That the officers and soldiers shall be entitled to the same pay and rations, be subject to the same laws, articles, and regulations, as are established by the general congress for the pay and government of the continental troops. | Pay &c. the same as continental troops. |
| Provided always, That the troops so to be raised shall not be marched out of this country, on any pretence whatever, without the consent of the general assembly, or during their recess by order of the governour, with the advice of the council. | Not to be marched out of this country. |
| And as an encouragement to men to enlist in the said service, Be it enacted, That there shall be paid to each soldier enlisting, who is to serve three years from the first day of March next, unless sooner discharged, a bounty of twenty dollars; and each soldier shall moreover be furnished, at the publick expense, with a hunting shirt, a pair of leggins, and a blanket, every year during his continuance in the service, or the sum of ten dollars in lieu thereof. | Term of enlistment. Bounty. Clothing. |
| And be it farther enacted, That the governour, with the advice of the council, may, and he is hereby authorised to provide, at the expense of the publick, proper | Hospital provided. |
| hospitals and barracks for the said soldiers, and a fit and able person to be physician and director general of the said hospital. And if any of the said soldiers shall be wounded and disabled from getting a comfortable livelihood, they shall be maintained and supported during their lives at the expense of the publick; and if any soldier, having a family, shall happen to be killed, his family shall be also supported at the publick expense. | Physician and director general. Pensions. |
| And be it farther enacted, That the five companies of riflemen heretofore raised in this commonwealth, and now at new York, be joined to five of the companies to be enlisted pursuant to an act of this present general assembly, and considered as part of the quota of fifteen battalions to be furnished by this commonwealth; and that a like number of companies to be raised under the said act of assembly be taken into the service and pay of this commonwealth, and considered as composing a part of the troops to be raised by virtue of this act, for the better internal security and defence of the same. | Exchange of 5 rifle companies, now at New York, with continent. |
| And whereas the several companies of marines in the pay of this commonwealth have not been found fully to answer the end for which they were raised, and the time of their enlistment is nearly expired, and they may be usefully employed in the land service of the state, Be it therefore enacted, That the said companies of marines, or so many of them as shall be willing to serve, be taken into and compose part of the three battalions to be raised by virtue of this act, for the internal security and defence of this country; and the several officers of the said marines shall bear the same rank as they now respectively hold, and shall forthwith proceed to complete their several companies by new enlistments, in the same proportion as is directed for the other officers of the said three battalions. | Marines, may be taken, for garrison duty. |
| And be it farther enacted, That if so many of the said officers of marines, and of the minute battalions herein before mentioned, shall be willing to enter into the said service, as, with the officers of the five companies so as aforesaid exchanged with the continent, will exceed the number required for the said battalions, the governour, with the advice of the council, shall set aside the supernumerary officers out of such of the said minute-men and volunteers as shall be latest in completing their companies. | If officers supernumerary, those set aside, who were latest in completing their companies. |
| And be it farther enacted, That the governour, with the advice of the privy council, may, and he is hereby empowered to provide, at the publick expense, a magazine or magazines of provisions, at such place or places as he may judge proper, sufficient for the subsistence of ten thousand men at least, in the course of the next year, exclusive of what may be necessary for the regular troops which may be in the pay of this commonwealth. | Magazines of provisions, to be provided. |
| And for the farther defence and protection of this country, Be it enacted, That the commissioners of the navy may, and they are hereby authorised and empowered forthwith, to provide necessary plank and timber for the building two frigates, to carry thirty two guns each, and immediately to direct the building of four large gallies, fit for river or sea service, to be mounted with proper cannon. | Two frigates and 4 gallies to be built. |
| And for manning the said gallies, as well as the others which are now building, Be it farther enacted, by the authority aforesaid, That the commissioners for naval affairs may, and they are hereby empowered and required to raise any number of men they shall think necessary for the same, not exceeding in the whole one thousand three hundred exclusive of officers, to serve on board the Virginia fleet, for the term of three years from the first day of March next; and for that purpose, the said commissioners may, from time to time, settle and determine the proper officers and number of men for each galley, as well as the proportion or quota of men to be enlisted by each officer. The said officers to be recommended by the said commissioners, approved of by the governour; which officers, so appointed, shall proceed to enlist the men accordingly, and shall have rank from the completion of their said quotas, and be entitled to the same pay and allowances respectively, and subject to the same pay and allowances respectively, and subject to the same rules and regulations, with the other officers of the Virginia navy. And if any such officer shall fail to enlist his quota of men, the governour, by and with the advice of the privy council, shall have power either to continue such officer or appoint another in his stead, as they shall judge best for the publick service. | Virginia fleet, how manned. |
| And whereas it may be difficult to raise in due time a sufficient number of seamen, the crews of the said gallies shall consist of three classes, the first of able seamen, | Seamen classed. |
| who shall be allowed the pay of three shillings per day, the second of ordinary seamen, who shall be allowed the pay of two shillings per day, and the third of common landmen; who shall be allowed the pay of one shilling and sixpence per day. And for increasing the number of seamen in the service of this commonwealth, the captain of each vessel of war is hereby empowered and required, from time to time, as any landmen shall become capable, to enter them upon the vessel's books ordinary seamen, and as any ordinary seamen shall become capable to enter them as able seamen, and thenceforward they shall be entitled to the same pay with the classes to which they are respectively raised. And for the more speedy manning the said gallies, as well as completing the crews of the other vessels of war in the service of this commonwealth, every seaman and landman enlisting as aforesaid shall receive a bounty of twenty dollars; and that the pay of a second mate be four shillings and sixpence, of a boatswain four shillings, per day. | Their pay. Bounty. |
| And for the more speedy and effectual supplying the necessary sail duck for the aforesaid gallies, and for the other exigencies of the state, Be it enacted, That Sampson Matthews and Alexander Sinclair, gentlemen, be, and they are hereby appointed trustees, to erect at the publick expense, and superintend, a manufactory, at such place as they shall think proper, for the making sail duck; and the better to enable the said trustees to carry on the said work, they may, and they are hereby empowered, from time to time, to draw on the treasurer of this commonwealth for any sum or sums of money which they may judge necessary for effectually erecting and supporting such manufactory, which several draughts the said treasurer is hereby empowered and required to pay out of the publick money which shall then be in his hands. | Sampson Matthews and Alexander Sinclair, trustees for establishing a manufactory of sail duck. |
| Provided, That the whole sum to be drawn does not exceed the sum of one thousand pounds; and on the death, inability, or refusal, of either of the said trustees to act, it shall be lawful for the governour, with the advice of the privy council, to appoint another in the room of such trustee so dying, disabled, or refuing to act. | Appropriations for, limited. Vacancies, how supplied. |
| And be it farther enacted, That the said trustees shall, once in every year at least, lay an account of the state of such manufactory, and of the several sums of money | Trustees to report to general assembly. |
| they shall have disbursed, before the general assembly, of this commonwealth. | |
| And be it farther enacted, That the governour, by and with the advice of the privy council, may, and he is hereby authorised and empowered to form out of the two militia companies in the town of Alexandria, in the county of Fairfax, one artillery company, to consist of fifty matrosses, with proper officers, to be duly exercised at the batteries in the said town twice in every week, and to mount proper guards at the same; and the officers and matrosses of the said company, when on duty, shall receive the same pay and provisions, and be subject to the like rules and regulations, as the other artillery companies in the service of this state receive and are subject to. | Artillery company to be formed in Alexandria. |
| And whereas the minute companies formerly raised in this country are already greatly reduced by enlistments into the regular service, and are likely to be more so by future enlistments, so that there remains little prospect of their answering the purposes of their institution, and moreover it will tend to weaken the militia of this commonwealth, and may create discontents, if such broken companies of minute-men continue exempt from militia duty, Be it therefore enacted, by the authority aforesaid, That from and after the passing this act all the minute battalions, companies, and parts of companies, throughout this state shall be totally dissolved and discharged, and the said minute-men shall thereafter be considered as militia, and be subject to all such rules and regulations as are or shall be established for the better training and disciplining the militia; and the captains of each minute company shall, and they are hereby required to receive of each man in their respective companies all such arms and other accoutrements as have been provided at the publick expense, and deliver, or cause the same to be delivered, to the county lieutenant of each county, to be disposed of as the governour, with the advice of the council, shall direct. | Minute companies totally dissolved. Minute-men considered as militia. |
| Pages 153-173
| Pages 199-225
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