Hening's Statutes at Large

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THE

Statutes at Large;

BEING

A COLLECTION

OF ALL THE

LAWS OF VIRGINIA

FROM THE

FIRST SESSION OF THE LEGISLATURE,

IN THE YEAR 1619.

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PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT.

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VOLUME X.
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By WILLIAM WALLER HENING.
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"The Laws of a country are necessarily connected with every thing
belonging to the people of it; so that a thorough knowledge of them,
and of their progress would inform us of every thing that was most
useful to be known about them; and on of the greatest imperfections
of historians in general, is owing to their ignorance of law."

Priestley's Lect. On Hist. pa. 149

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RICHMOND.
PRINTED FOR THE EDITOR.
GEORGE COCHRAN, PRINTERS
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1822.

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WE Robert G. Scott and Alexander L. Botts, members of the executive council of Virginia, do hereby certify that the laws contained in the Tenth Volume of HENING'S Statutes at Large, have been by us examined and compared with the originals from which they were taken, from page 1 to page 320 inclusive, and have been found truly and accurately printed, except as to a list of Eratta to the number of fourteen, at the end of the volume.

Given under our hands this 24th day of December, 1822.

ROBERT G. SCOTT,
ALEXANDER L. BOTTS.

WE Peter V. Daniel and Robert G. Scott, members of the executive council of Virginia, do hereby certify that the laws contained in the Tenth Volume of HENING'S Statutes at Large, have been by us examined and compared with the originals from which they were taken, from page 321 inclusive, to the end, and have been found truly and accurately printed, except as to a list of Errata to the number of ten at the end of the volume.

Given our hands this 24th day of December 1822.

P. V. DANIEL,
ROBERT G. SCOTT.

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PREFACE

TO THE

Tenth Volume of the Statutes at Large.

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DURING the period embraced by this volume, the Southern States was the theatre of the revolutionary war, and Virginia herself was actually invaded. To supply men and money, seems to have been the great business of the Legislature. The regular army was recruited by liberal bounties, by volunteers, and by drafts from the militia. For the assistance of our sister States of North and South Carolina, as well as to repel the invasion of our own State, the Militia were called out. New emissions of paper money were made, from time to time, to meet the exigencies of government; taxes were laid in certain enumerated commodities; and loans were authorised, payable in money, tobacco, hemp, or flour. Provisoins, clothing, waggons and horses, for the army, were procured either by an assessment among the divisions of the militia, or by impressment or purchase. So rapid was the depreciation of the paper money, that the wages of the members of the general assembly, the salaries of the officers of government, and the pay of others entitled to draw money from the treasury, except the army, were estimated in tobacco, and the value fixed by the grand juries, at the several terms of the general court. −− The pay of the army was settled by a scale of depreciation adjusted for that purpose. Finally, the paper money was called in, and funded at one for a thousand.

The very extensive powers conferred on the governor and council,* at this awful crisis, could only be justified by necessity, resulting from a state of war. Happily, such were the virtues of those called on to exercise the executive functions of the government, and such the patriotism of the great body of the people, that these extraordinary powers were never exerted, except when the public safety so imperiously required it; that the principal actors, instead of being censured, received the applauses of their country.

In this volume commences the commonwealth's land law; to which is prefixed an act for adjusting titles to unpatented lands,

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* See pa. 309, 413.


PREFACE TO THE Tenth Volume of the Statutes at Large.
DURING the period embraced by this volume, the Southern States was the theatre of the revolutionary war, and Virginia herself was actually invaded. To supply men and money, seems to have been the great business of the Legislature. The regular army was recruited by liberal bounties, by volunteers, and by drafts from the militia. For the assistance of our sister States of North and South Carolina, as well as to repel the invasion of our own State, the Militia were called out. New emissions of paper money were made, from time to time, to meet the exigencies of government; taxes were laid in certain enumerated commodities; and loans were authorised, payable in money, tobacco, hemp, or flour. Provisoins, clothing, waggons and horses, for the army, were procured either by an assessment among the divisions of the militia, or by impressment or purchase. So rapid was the depreciation of the paper money, that the wages of the members of the general assembly, the salaries of the officers of government, and the pay of others entitled to draw money from the treasury, except the army, were estimated in tobacco, and the value fixed by the grand juries, at the several terms of the general court. −− The pay of the army was settled by a scale of depreciation adjusted for that purpose. Finally, the paper money was called in, and funded at one for a thousand.
The very extensive powers conferred on the governor and council,* at this awful crisis, could only be justified by necessity, resulting from a state of war. Happily, such were the virtues of those called on to exercise the executive functions of the government, and such the patriotism of the great body of the people, that these extraordinary powers were never exerted, except when the public safety so imperiously required it; that the principal actors, instead of being censured, received the applauses of their country.
In this volume commences the commonwealth's land law; to which is prefixed an act for adjusting titles to unpatented lands,

* See pa. 309, 413.

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PREFACE


the rights to which, derived from the colonial government, were inchoate at the establishment of the commonwealth's land office.
At the end of the volume will be found some very important Resolutions and State Papers; particularly the correspondence between the commissioners of Pennsylvania and Virgina, on the subject of the disputed boundary between the two States;† and papers in relation to the cession of the North Western Territory.‡ It will here be seen, that the great impediment to a ratification of the articles of confederation on the part of Maryland, (which was delayed until 1781) was the extensive western territories, held by some of the States; and the liberality of Virginia, in ceding her north western territory to the United Sates, will then be duly appreciated.
WILLIAM WALLER HENING.

† See pa. 521. ‡ See pa. 547.

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List of Governors of Virginia during the period comprised in this volume.

PATRICK HENRY, esq. continued governor until the latter end of the May session 1779, and on the first day of June 1779, Thomas Jefferson, esq. was elected. Patrick Henry, esq.

THOMAS JEFFERSON, esq. was governor until June 1781, when he resigned; and on the twelfth day of June 1781, Thomas Nelson, junior, esq. was elected. Thomas Jefferson, esq.

THOMAS NELSON, Jun. esq. continued governor until the thirtieth of November 1781, when he resigned, and Benjamin Harrison, esq. was elected.

Thomas Nelson, jun. esq.
Benjamin Harrison, esq.

The next page is blank, and the acts of assembly begin on the following one.


List of Governors of Virginia during the period comprised in this volume.
PATRICK HENRY, esq. continued governor until the latter end of the May session 1779, and on the first day of June 1779, Thomas Jefferson, esq. was elected.	Patrick Henry, esq.
THOMAS JEFFERSON, esq. was governor until June 1781, when he resigned; and on the twelfth day of June 1781, Thomas Nelson, junior, esq. was elected.	Thomas Jefferson, esq.
THOMAS NELSON, Jun. esq. continued governor until the thirtieth of November 1781, when he resigned, and Benjamin Harrison, esq. was elected.	Thomas Nelson, jun. esq. Benjamin Harrison, esq.
The next page is blank, and the acts of assembly begin on the following one.

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AT A

GENERAL ASSEMBLY,

BEGUN AND HELD

At the Capitol, in the City of Williamsburg
on Monday the third day of May, in the
in the year of our Lord one thousand
seven hundred and seventy-nine, and in
the third year of the Commonwealth.

Thomas Jefferson, esq. governor.*

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CHAP. I.†

An act to explain and amend the acts of General Assembly, providing a supply of money for publick exigencies.

WHEREAS many doubts have arisen among the commissioners and assessors of the tax, on the construction of the act of general assembly passed in the year 1777, entitled "An Act for raising a supply of money for publick exigencies;" and also one other act passed in the year 1778, entitled "An act to amend an act entitled An Act for raising a supply of money for publick exigencies;" some apprehending that they should value lands at the rates at which they would sell in gold and silver, and not what they would sell in paper bills of credit of this commonwealth or of Congress; others, that they should value them as they Preamble.

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* Patrick Henry, esq. was governor at the commencement of this session; but during its continuance, Thomas Jefferson, esq. was elected his successor.

† None of the acts of this session are distinguished by chapters in the original, nor are they separated by sections Such only as were published in the Chancellors' Revisal (edit 1785) will be marked in this edition by sections, as they were in that.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


would sell, were all or a great part of the lands within the commonwealth, or within a county to be offered to sale at one time, and not at the sum at which they would sell if exposed to sale in moderate quantities as happens in the ordinary course of things; and others, that as the legislature had by the latter act only trebled the tax laid in the former, they intended thereby that no more than three times as much money should be raised, and of course that the valuation of the present year should be the same as it was the last, without any regard to the rise in the price of property since that time, all which constructions are contrary to the intention of the said acts; and in consequence of such differences of construction, very great inequalities have arisen in the rates at which property of equal value has been assessed in different counties during the present year: Be it therefore enacted by the General Assembly, That forthwith on the receipt of this act, the commissioners of the tax for the several counties and corporations shall call together their respective assessors, to meet at their courthouse at as short a day as may be in the present year, and in the subsequent years during the continuance of this act, at such time as by the said first mentioned act is directed, and being there assembled, the said assessors shall take an oath or make affirmation as follows: "I do swear (or affirm) that I will when called on by the commissioners of the tax for my county, truly, candidly, and without reserve, declare the worth of the several kinds of lands within my county or corporation, as they would sell according to my opinion, if exposed to sale for ready money in paper bills of credit of this commonwealth or of Congress. So help me God." Which oath or affirmation may be administered by any one of the commissioners: The said commissioners shall then proceed to describe the lands of their county in so many general classes, not exceeding six as their different natures or kinds may require, and shall call on each assessor singly, to declare under the obligation of his oath or affirmation, what he thinks each several kind of the said land would sell for by the acre, if exposed to sale in moderate quantities according to the usual course of things for ready money, in paper bills of credit of this commonwealth or of Congress; which several opinions, together with	Commissioners of tax, & assessors to be convened. Oath of commissioners of tax. Their duty in assessing lands, lots in towns, &c.

would sell, were all or a great part of the lands within the commonwealth, or within a county to be offered to sale at one time, and not at the sum at which they would sell if exposed to sale in moderate quantities as happens in the ordinary course of things; and others, that as the legislature had by the latter act only trebled the tax laid in the former, they intended thereby that no more than three times as much money should be raised, and of course that the valuation of the present year should be the same as it was the last, without any regard to the rise in the price of property since that time, all which constructions are contrary to the intention of the said acts; and in consequence of such differences of construction, very great inequalities have arisen in the rates at which property of equal value has been assessed in different counties during the present year: Be it therefore enacted by the General Assembly, That forthwith on the receipt of this act, the commissioners of the tax for the several counties and corporations shall call together their respective assessors, to meet at their courthouse at as short a day as may be in the present year, and in the subsequent years during the continuance of this act, at such time as by the said first mentioned act is directed, and being there assembled, the said assessors shall take an oath or make affirmation as follows: "I do swear (or affirm) that I will when called on by the commissioners of the tax for my county, truly, candidly, and without reserve, declare the worth of the several kinds of lands within my county or corporation, as they would sell according to my opinion, if exposed to sale for ready money in paper bills of credit of this commonwealth or of Congress. So help me God." Which oath or affirmation may be administered by any one of the commissioners: The said commissioners shall then proceed to describe the lands of their county in so many general classes, not exceeding six as their different natures or kinds may require, and shall call on each assessor singly, to declare under the obligation of his oath or affirmation, what he thinks each several kind of the said land would sell for by the acre, if exposed to sale in moderate quantities according to the usual course of things for ready money, in paper bills of credit of this commonwealth or of Congress; which several opinions, together with

Commissioners of tax, & assessors to be convened.

Oath of commissioners of tax.

Their duty in assessing lands, lots in towns, &c.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH


their own, they shall state in writing for each kind of land separately, and shall add together the several sums at which the same kind of land is rated by the different commissioners and assessors, and then divide the aggregate sum by the number of persons whose opinions were stated, and shall take the quotient or result, or each sum near thereto, as to avoid the difficulty of fractions may be approved by a majority of the said commissioners and assessors, as the average price of such kind of land, and so shall proceed to deduce an average price for every other kind into which they shall have classed the land of their county as before directed. But lots of land in towns, and ferry landings, and mines of coal or metal, shall not be included within any of the said general classes, but shall, as well as mills and other extraordinary buildings, be valued by the assessors within whose bounds they are, as they would sell, if exposed to sale for ready money in paper bills of credit of this commonwealth or of Congress. The said assessors shall then instead of the oath or affirmation appointed to be taken by the first mentioned act, take the following oath or affirmation, to be administered by any one of the commissioners. "I do swear (or affirm) that I will to the best of my skill and judgment, in the several parcels of land within the bounds of my assessment, estimate the quantity of each kind thereof as classed or described by the commissioners of the tax for my county, that I will assess the same at the legal pound rate according to the average value of the same kind of lands settled by the commissioners and assessors of my county; that I will faithfully, justly, and impartially assess, the pound rate imposed by law on all other property liable thereto within my hundred, according to the plain meaning of the several acts of assembly under which I act, as they appear to my judgment, that I will spare none for favour or affection, and none aggrieve for hatred, malice, or ill will, but in all things do my duty of an assessor, honestly, impartially, and to the best of my abilities. So help me God." And if any assessor were not present at the said meeting, the said oath last stated, shall be afterwards administered to him by some one of the commissioners, or any justice of the peace of his county or corporation; and before he shall proceed to make his assessments, the said assessors	Oath of assessors.

their own, they shall state in writing for each kind of land separately, and shall add together the several sums at which the same kind of land is rated by the different commissioners and assessors, and then divide the aggregate sum by the number of persons whose opinions were stated, and shall take the quotient or result, or each sum near thereto, as to avoid the difficulty of fractions may be approved by a majority of the said commissioners and assessors, as the average price of such kind of land, and so shall proceed to deduce an average price for every other kind into which they shall have classed the land of their county as before directed. But lots of land in towns, and ferry landings, and mines of coal or metal, shall not be included within any of the said general classes, but shall, as well as mills and other extraordinary buildings, be valued by the assessors within whose bounds they are, as they would sell, if exposed to sale for ready money in paper bills of credit of this commonwealth or of Congress. The said assessors shall then instead of the oath or affirmation appointed to be taken by the first mentioned act, take the following oath or affirmation, to be administered by any one of the commissioners. "I do swear (or affirm) that I will to the best of my skill and judgment, in the several parcels of land within the bounds of my assessment, estimate the quantity of each kind thereof as classed or described by the commissioners of the tax for my county, that I will assess the same at the legal pound rate according to the average value of the same kind of lands settled by the commissioners and assessors of my county; that I will faithfully, justly, and impartially assess, the pound rate imposed by law on all other property liable thereto within my hundred, according to the plain meaning of the several acts of assembly under which I act, as they appear to my judgment, that I will spare none for favour or affection, and none aggrieve for hatred, malice, or ill will, but in all things do my duty of an assessor, honestly, impartially, and to the best of my abilities. So help me God." And if any assessor were not present at the said meeting, the said oath last stated, shall be afterwards administered to him by some one of the commissioners, or any justice of the peace of his county or corporation; and before he shall proceed to make his assessments, the said assessors

Oath of assessors.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


shall then proceed to the assessment of their hundred; in the course of which, if they shall differ in opinion as to the value of any parcel of land, or of other property, the medium between their two opinions shall be taken as the true value. And the same inequalities having arisen in the assessment of slaves in the several counties, and it being supposed that the assessment on this kind of property may be rendered much more equal by way of poll-tax, so settled, as to bear the proportion of one and a half per cent. to their average value.
Be it farther enacted, That a tax of five pounds per poll shall be paid for all negro and mulatto servants and slaves; but where any slave, through old age or bodily infirmity, shall be incapable of labour, and become a charge to the owner, the commissioners shall have power upon satisfactory proof thereof made to them, to allow and discount to such owner the said tax upon such slave; this discount to be made before deliver of the estimate to the sheriff who is to collect the tax: And if any person possessed of such slave or mulattoe servant, shall willing conceal the same from the assessors, so as to avoid paying the tax required by this act, he shall forfeit and pay the sum of fifty pounds. And as doubts have arisen upon the construction of the last of the said two acts, whether it was intended that the tax of thirty shillings for every hundred pounds in possession on the first day of May, was intended to be paid for the present year, or not to begin till the next. It is therefore enacted, That the said tax shall be paid for the monies of which any person shall be in possession at sunrise, on the twentieth day of July next, and at sunrise on the first day of March, in each of the five next succeeding years; but that no tax shall be paid on the continental bills of credit of May the 20th, 1777, and April the 11th, 1778, whose currency was stopped before the first day of May last by resolution of Congress.	Poll-tax on slaves. Tax on money.
And whereas, in conformity to the eleventh and twelfth articles of the treaty of commerce between his most Christian Majesty the king of France, and the United States of America, all tobaccoes exported for the use of any of the West India islands, belonging to his most Christian Majesty, were, by the said last recited act, exempted from any duty or impost laid thereon	Tax on tobacco exported.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


by the first recited act, and the said 11th and 12th articles have, by mutual consent, been rescinded: Be it therefore enacted, That a tax of thirty shillings per hogshead on all tobacco exported, be paid down to the inspector before shipping the same, to be by him paid to the treasurer for the time being, on or before the twenty fifth of October in each year, during the continuance of this act. The times in the present year for the return of the assessments by the assessors to the commissioners, shall be on or before the last day of July; for hearing appeals by the commissioners, shall be from the said last day of July, to the fourteenth day of August; for the delivery of the list of taxes by the commissioners to the sheriffs, shall be the fifteenth day of August; for making distress by the sheriffs on default of payment of the taxes, shall be the fifteenth day of September in any time after, but in every subsequent year during the continuance of the present act, shall be the same as directed by the said first mentioned act. If any sheriff shall refuse to undertake the collection of the taxes, or shall refuse or fail to give security for the due discharge of his duty therein, he shall stand ipso facto, deprived of his office, and the court shall likewise proceed to a new recommendation, and the person commissioned, in consequence of such recommendation, as soon as he shall have received his commission, shall have authority to proceed to the collection and appoint deputies to aid him therein, giving security as required by law, at the next court to be held for his county; and where it shall so happen, that payment hath been made to any sheriff in consequence of any assessment made in pursuance of the act of general assembly, for raising a supply for the current year, such sheriff shall account for the same with the person making such payment, and shall apply the same towards discharging the tax to be paid by this act, so far as such payment will extend, or return the overplus as the case may be.	Assessments when returnable. Appeals, when heard. Lists of taxable property, when delivered. Distress for taxes, when. Sheriff refusing to undertake collection, ipso facto deprived of office.
And be it farther enacted, That the sheriffs or other collectors, be authorised and directed to receive in payment for all or any of the taxes imposed by this act, the receipts given by the continental agent for paper currency of the emissions of May the 20th, 1777, and of April the 11th, 1778, and which have been taken out of circulation by a resolution of general congress;	What paper money receivable in taxes.

by the first recited act, and the said 11th and 12th articles have, by mutual consent, been rescinded: Be it therefore enacted, That a tax of thirty shillings per hogshead on all tobacco exported, be paid down to the inspector before shipping the same, to be by him paid to the treasurer for the time being, on or before the twenty fifth of October in each year, during the continuance of this act. The times in the present year for the return of the assessments by the assessors to the commissioners, shall be on or before the last day of July; for hearing appeals by the commissioners, shall be from the said last day of July, to the fourteenth day of August; for the delivery of the list of taxes by the commissioners to the sheriffs, shall be the fifteenth day of August; for making distress by the sheriffs on default of payment of the taxes, shall be the fifteenth day of September in any time after, but in every subsequent year during the continuance of the present act, shall be the same as directed by the said first mentioned act. If any sheriff shall refuse to undertake the collection of the taxes, or shall refuse or fail to give security for the due discharge of his duty therein, he shall stand ipso facto, deprived of his office, and the court shall likewise proceed to a new recommendation, and the person commissioned, in consequence of such recommendation, as soon as he shall have received his commission, shall have authority to proceed to the collection and appoint deputies to aid him therein, giving security as required by law, at the next court to be held for his county; and where it shall so happen, that payment hath been made to any sheriff in consequence of any assessment made in pursuance of the act of general assembly, for raising a supply for the current year, such sheriff shall account for the same with the person making such payment, and shall apply the same towards discharging the tax to be paid by this act, so far as such payment will extend, or return the overplus as the case may be.

Assessments when returnable.
Appeals, when heard.
Lists of taxable property, when delivered.
Distress for taxes, when.
Sheriff refusing to undertake collection, ipso facto deprived of office.

And be it farther enacted, That the sheriffs or other collectors, be authorised and directed to receive in payment for all or any of the taxes imposed by this act, the receipts given by the continental agent for paper currency of the emissions of May the 20th, 1777, and of April the 11th, 1778, and which have been taken out of circulation by a resolution of general congress;

What paper money receivable in taxes.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


and the treasurer for the time being is also authorized and directed to receive the same in payment from the several sheriffs or collectors aforesaid, Instead of the allowance of ten shillings by the day by the said former acts to the commissioners of the tax, and to their clerk, they shall be entitled to the sum of thirty shillings each by the day, for their future services. And instead of the allowance by the same acts to the assessors, it shall be lawful for the commissioners to give them any sum not exceeding thirty pounds each, for their services this present year. And to prevent inconveniencies in case of distress, levied for any of the taxes imposed by this act, It is hereby enacted, That where such distress shall be made, and a sale in consequence thereof, the surplus after paying the tax, if any remain in the hands of the sheriff or collector, and the proprietor will not receive it upon tender to him, shall be accounted for, and paid for the officer making such distress, into the hands of the commissioners of the county for the time being, who shall pay the same over to their successours, to be applied in discharge (as far as such surplus will extend) of the taxes which may become due from the same person in the next or any succeeding year; but such surplus to the proprietor of the effects, or pay the same over to the commissioners (in case of refusal by such proprietor) such officer shall forfeit and pay the sum of five hundred pounds for his default. The fine or penalty incurred by this act, in any instance, shall be one half to the informer, or him who will sue for the same, the other half to the commonwealth, to be recovered by action of debt in any court of record. And be it farther enacted, That so much of an act of general assembly, entitled "An Act for raising a supply of money for publick exigencies;" and of one other act, entitled "An Act to amend an act entitled An Act for raising a supply of money for publick exigencies," as comes within the purview of this act, is, and stands hereby repealed. And that this act shall be in force during the continuance of the said first mentioned act, and no longer.	Allowance to commissioners, assessors and clerk encreased. Surplus of proceeds of sale, for taxes, how disposed of. Fines, how appropriated. Part of former acts repealed.

and the treasurer for the time being is also authorized and directed to receive the same in payment from the several sheriffs or collectors aforesaid, Instead of the allowance of ten shillings by the day by the said former acts to the commissioners of the tax, and to their clerk, they shall be entitled to the sum of thirty shillings each by the day, for their future services. And instead of the allowance by the same acts to the assessors, it shall be lawful for the commissioners to give them any sum not exceeding thirty pounds each, for their services this present year. And to prevent inconveniencies in case of distress, levied for any of the taxes imposed by this act, It is hereby enacted, That where such distress shall be made, and a sale in consequence thereof, the surplus after paying the tax, if any remain in the hands of the sheriff or collector, and the proprietor will not receive it upon tender to him, shall be accounted for, and paid for the officer making such distress, into the hands of the commissioners of the county for the time being, who shall pay the same over to their successours, to be applied in discharge (as far as such surplus will extend) of the taxes which may become due from the same person in the next or any succeeding year; but such surplus to the proprietor of the effects, or pay the same over to the commissioners (in case of refusal by such proprietor) such officer shall forfeit and pay the sum of five hundred pounds for his default. The fine or penalty incurred by this act, in any instance, shall be one half to the informer, or him who will sue for the same, the other half to the commonwealth, to be recovered by action of debt in any court of record. And be it farther enacted, That so much of an act of general assembly, entitled "An Act for raising a supply of money for publick exigencies;" and of one other act, entitled "An Act to amend an act entitled An Act for raising a supply of money for publick exigencies," as comes within the purview of this act, is, and stands hereby repealed. And that this act shall be in force during the continuance of the said first mentioned act, and no longer.

Allowance to commissioners, assessors and clerk encreased.

Surplus of proceeds of sale, for taxes, how disposed of.

Fines, how appropriated.

Part of former acts repealed.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


CHAP. II. An Act establishing a Board of Trade.	[From Revised Bills of 1779, chap. IX. p. 9.]
BE it enacted by the General Assembly, That a board of trade shall be constituted, to consist of three persons not exercising commerce on private account, to be chosen by joint ballot of both houses of assembly at the first session of every assembly, and to continue in office until the next choice shall be made; but any member may be removed within that time by joint vote of both houses, and thereupon, as also on the death, resignation, or refusal to act of any member, they shall proceed to choose another in his stead, or if such death, resignation, or refusal, happen during the recess of assembly, the governour and council may appoint some person to act in the said office until the end of the next session of assembly; the members having in some court of record, or before some judge or justice thereof, given assurance of fidelity to the commonwealth, and taken the following oath: "I A. B. do solemnly promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of a member of the board of trade, according to the best of my skill and judgment. So help me God." Any two of them may proceed to business.	Board of trade how constituted. Vacancies, how supplied. Oath of members.
The duty of the said board shall be to see to the procuring by importation or otherwise, all military stores, clothing, accoutrements, utensils, materials, and necessaries, which shall be required by the governour, with the advice of the council, for the publick use, or for the use of the officers, soldiers, sailors and marines, raised under the laws of this commonwealth; taking care to send for such additional quantities as may provide against disappointments, happening by capture or otherwise; to procure salt, and cards for manufacturing cotton and wool, and distribute the same properly among the people of this commonwealth, at such prices only, as will reimburse the publick; where cargoes shall contain a considerable proportion of the articles before mentioned, together with others not wanting for the publick use, and the same can only be bought by wholesale, or may be so	Duty, and powers of board.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


bought to better account, to purchase the said cargoes, and to sell again as diffusive as possible, such parts of them as are not so wanting; to make payment for the same in money, or in commodities, or bills of exchange to be purchased by them for that purpose, or in specie or bullion; to have them stored and safely kept until called for by the governour and council or board of war; to superintend and direct all persons and things employed in or about the said business; to superintend the publick manufactories of all articles, which by this act they are required to provide, to fit out, purchase, or charter vessels of burthen, or of dispatch necessary for fulfilling the purposes of this act, or for carrying or procuring advices for government: All the proceedings of the said board before they are carried into execution, shall be submitted to the governour and council for their approbation, amendment, or negative.	Their proceedings subject to controul of executive.
The governour with advice of council, shall notify from time to time to the board of auditors, the sums of money which may be necessary for the purposes before mentioned, who shall thereupon give their warrant, or warrants, on the treasurer for the advance of such monies, to be regular debited and accounted for in due time.	How monies drawn from the treasury, for the use of the board.
The said board shall sit at such place and in such apartments, as the governour with the advice of council shall direct; and if at any time they shall be separated, and occasion for their meeting shall arise, the governour shall have power to call them together: They shall from time to time appoint their own clerk, or clerks, who shall take an oath to keep secret all such matters as they shall direct to be kept secret; which oath may be administered by any member of the board.	Where the board to sit, and how convened. Their clerk; oath of secrecy.

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CHAP. III. An Act establishing a Board of War.	[From Revised Bills of 1779, chap. VIII. p. 8]
BE it enacted by the General Assembly, That a board of war shall be constituted to consist of five persons to be chosen by joint ballot of both houses of assembly at the first session of every assembly, and to continue in office until the next choice shall be made; but any member may be removed within that time by joint vote of both houses, and thereupon, as also on the death, resignation, or refusal to act of any member, they shall proceed to choose another, to act in his stead and during his term, and if such death, resignation, or refusal to act, happen during the recess of assembly, the governour and council may appoint some person to act in the said office, until the end of the next session of assembly; the members having in some court of record, or before some judge or justice thereof, given assurance of fidelity to the commonwealth and taken the following oath: "I A. B. do solemnly promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of a member of the board of war, according to the best of my skill and judgment. So help me God." Any three of them may proceed to business, and he who is first in the nomination shall preside.	Board of war, how constituted. Vacancies, how supplied. Oath of members.
The duty of the said board shall be to superintend and manage, subject to the direction and controul of the governour with the advice of the council, all matters and things within the department of war, and all persons holding offices or performing duties within that department; all their resolutions, proceedings, and orders before they are carried into execution, shall be signed by the governour; the said board shall depute by rotation, unless they can otherwise agree, some one of their members to visit, and personally examine and report, once in every two months at the least, the condition of the military stores and provision in the several magazines, they shall also appoint a commissary of prisoners.	Their duty, subject to direction of executive.
They shall sit at such places and in such apartments as the governour with the advice of the council shall	Where to sit, and how convened.

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direct; and if at any time they shall be separated, and occasion for their meeting shall arise, the governour shall have power to call them together; they shall have authority from time to time, to appoint a commissioner of the navy, and also their own clerk; which clerk and commissioner, shall severally take an oath of office, and also to keep secret all such matters as they shall direct to be kept secret; the said oath may be administered by any member of the board.	Commissioner of the navy, and their clerk, appointed by them. Oath of secrecy.
CHAP. IV. An Act for raising a body of Volunteers for the defence of the commonwealth.
WHEREAS it is necessary that the state be at all times provided with a force sufficient to repel any hostile invasion, and it being found that the militia, as it is at present constituted, is not sufficient for that purpose, Be it enacted by the General Assembly, That there be immediately raised for the publick service, four thousand five hundred and sixty volunteers, including non-commissioned officers, to serve within this commonwealth for the defence thereof during the present invasion, who are to be regimented, officered, and accoutred, in manner as is herein after directed. That the said four thousand five hundred and sixty volunteers, when raised, be formed into battalions of ten companies, each company to consist of fifty rank and file, to be commanded (except where otherwise directed) by a captain, lieutenant, and ensign, and adjutant and regimental quarter-master, to be appointed from the officers of the regiment, a surgeon, and surgeon's mate, one serjeant major, one drum major, four serjeants, four corporals, one drummer, and one fifer to each company. Each regiment to be commanded by a lieutenant colonel and major, who shall have a company in the regiment, and draw pay as captains also; to each of which companies their shall be an additional lieutenant.	Preamble. Volunteers to be raised. How organized. Officers and staff.

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direct; and if at any time they shall be separated, and occasion for their meeting shall arise, the governour shall have power to call them together; they shall have authority from time to time, to appoint a commissioner of the navy, and also their own clerk; which clerk and commissioner, shall severally take an oath of office, and also to keep secret all such matters as they shall direct to be kept secret; the said oath may be administered by any member of the board.	Commissioner of the navy, and their clerk, appointed by them. Oath of secrecy.
CHAP. IV. An Act for raising a body of Volunteers for the defence of the commonwealth.
WHEREAS it is necessary that the state be at all times provided with a force sufficient to repel any hostile invasion, and it being found that the militia, as it is at present constituted, is not sufficient for that purpose, Be it enacted by the General Assembly, That there be immediately raised for the publick service, four thousand five hundred and sixty volunteers, including non-commissioned officers, to serve within this commonwealth for the defence thereof during the present invasion, who are to be regimented, officered, and accoutred, in manner as is herein after directed. That the said four thousand five hundred and sixty volunteers, when raised, be formed into battalions of ten companies, each company to consist of fifty rank and file, to be commanded (except where otherwise directed) by a captain, lieutenant, and ensign, an adjutant and regimental quarter-master, to be appointed from the officers of the regiment, a surgeon, and surgeon's mate, one serjeant major, one drum major, four serjeants, four corporals, one drummer, and one fifer to each company. Each regiment to be commanded by a lieutenant colonel and major, who shall have a company in the regiment, and draw pay as captains also; to each of which companies there shall be an additional lieutenant.	Preamble. Volunteers to be raised. How organized. Officers and staff.

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That the general officers to command the same, to wit: One major general and two brigadier generals, be appointed by joint ballot of both houses of assembly, and commissioned by the governour; the lieutenant colonels and majors, captains and subalterns, shall be appointed by the governour, with the advice of the council, and commissioned by the governour; the surgeon, surgeon's mate, adjutant, and regimental quarter-master, the serjeant major and drum major, to be appointed by the lieutenant colonel; the serjeants, corporals, drummers, and fifers, by the captain of each company; there shall also be a chaplain to each battalion, who shall be appointed by the lieutenant colonel; that there be provided for each battalion, one field piece, with the necessary implements to fit them for service; that the pay, rations, and forage, of the officers and soldiers be the same as in the continental army; that a complete suit of clothes, to wit: A coat, waistcoat, pair of overhalls, and shoes, two shirts, and a hat, be given to each soldier or non-commissioned officer, on the first day of November next, or as soon after as they can be procured, provided that such soldier or non-commissioned officer continue in service five months from the time of his enlistment, or an equivalent in money, proportioned to his time of service, if sooner discharged; that blankets and tents also be provided for them, together with necessaries for travelling and camp uses, arms, ammunition, and accoutrements; and if it shall so happen that any soldier who shall be enlisted into the service, shall have it in his power to furnish any of the conveniencies and accoutrements which may be necessary, the same may be purchased from him for the publick use, at a reasonable and adequate price.	Officers, &c. how appointed. Chaplains. Pay, &c. same as continental.
And for their better accommodation, each officer and soldier shall be furnished, during his service, with spirits and sugar from the publick stores, on the same terms as the continental or state troops, and be subjected to the like rules and discipline; but instead of a gill of spirits to each officer, soldier, and militiaman, who shall be on duty, until a greater quantity can be procured by the executive for that purpose than at present.	Spirits and sugar, how furnished.

That the general officers to command the same, to wit: One major general and two brigadier generals, be appointed by joint ballot of both houses of assembly, and commissioned by the governour; the lieutenant colonels and majors, captains and subalterns, shall be appointed by the governour, with the advice of the council, and commissioned by the governour; the surgeon, surgeon's mate, adjutant, and regimental quarter-master, the serjeant major and drum major, to be appointed by the lieutenant colonel; the serjeants, corporals, drummers, and fifers, by the captain of each company; there shall also be a chaplain to each battalion, who shall be appointed by the lieutenant colonel; that there be provided for each battalion, one field piece, with the necessary implements to fit them for service; that the pay, rations, and forage, of the officers and soldiers be the same as in the continental army; that a complete suit of clothes, to wit: A coat, waistcoat, pair of overhalls, and shoes, two shirts, and a hat, be given to each soldier or non-commissioned officer, on the first day of November next, or as soon after as they can be procured, provided that such soldier or non-commissioned officer continue in service five months from the time of his enlistment, or an equivalent in money, proportioned to his time of service, if sooner discharged; that blankets and tents also be provided for them, together with necessaries for travelling and camp uses, arms, ammunition, and accoutrements; and if it shall so happen that any soldier who shall be enlisted into the service, shall have it in his power to furnish any of the conveniencies and accoutrements which may be necessary, the same may be purchased from him for the publick use, at a reasonable and adequate price.

Officers, &c. how appointed.

Chaplains.

Pay, &c. same as continental.

And for their better accommodation, each officer and soldier shall be furnished, during his service, with spirits and sugar from the publick stores, on the same terms as the continental or state troops, and be subjected to the like rules and discipline; but instead of a gill of spirits to each officer, soldier, and militiaman, who shall be on duty, until a greater quantity can be procured by the executive for that purpose than at present.

Spirits and sugar, how furnished.

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And in order to complete the levy as speedily as may be, each volunteer soldier shall receive a bounty of fifty dollars, to be paid him upon his joining the regiment or company, to which he shall belong; for which purpose the governour, with the advice of the council, is hereby authorized to draw upon the treasurer for the time being for such sum or sums of money, to defray that and the other expenses incurred by this act, as may be sufficient for the same, which the treasurer shall advance out of any publick money which may be in his hands. The governour, with the advice of the council, is hereby authorized and directed to proceed immediately to the appointment of the lieutenant colonels, majors, captains, and subaltern officers, and to take proper measures for raising the whole of the said four thousand five hundred and sixty men as speedily as may be, and as the situation of the state seems to require. The said volunteers to be continued in service for the space of one month after the enemy shall have withdrawn themselves from the commonwealth, unless sooner discharged by the governour, with the advice of the council; and if they shall return within that time, it shall be considered as a continuation of the same invasion. The governour, with the advice of the council, is hereby empowered to appoint a lieutenant colonel and major, to command each of the several regiments of militia which shall be embodied for the immediate defence of the state, which militia so to be embodied, shall be commanded by the same general officers as are appointed to command the volunteers.	Bounty. Term of service.
And for the defence and protection of the western frontiers against the Indian or other enemies, who may commit hostilities in that quarter, Be it enacted, That two battalions of the said volunteers be raised in the counties lying on that side the state, and be officered with fit persons to command on that station; and instead of the clothing, arms, and accoutrements, herein before directed, the said battalions shall be furnished with such clothing, arms, and accoutrements, as are most proper for that service; and if any soldier or non-commissioned officer, enlisted into the said battalions, shall be willing to furnish himself with proper clothing, arms, and accoutrements, the governour, with advice of council, may fix the sum to be paid for the purchase	Volunteers for western frontiers. Arms, &c. how furnished.

And in order to complete the levy as speedily as may be, each volunteer soldier shall receive a bounty of fifty dollars, to be paid him upon his joining the regiment or company, to which he shall belong; for which purpose the governour, with the advice of the council, is hereby authorized to draw upon the treasurer for the time being for such sum or sums of money, to defray that and the other expenses incurred by this act, as may be sufficient for the same, which the treasurer shall advance out of any publick money which may be in his hands. The governour, with the advice of the council, is hereby authorized and directed to proceed immediately to the appointment of the lieutenant colonels, majors, captains, and subaltern officers, and to take proper measures for raising the whole of the said four thousand five hundred and sixty men as speedily as may be, and as the situation of the state seems to require. The said volunteers to be continued in service for the space of one month after the enemy shall have withdrawn themselves from the commonwealth, unless sooner discharged by the governour, with the advice of the council; and if they shall return within that time, it shall be considered as a continuation of the same invasion. The governour, with the advice of the council, is hereby empowered to appoint a lieutenant colonel and major, to command each of the several regiments of militia which shall be embodied for the immediate defence of the state, which militia so to be embodied, shall be commanded by the same general officers as are appointed to command the volunteers.

Bounty.

Term of service.

And for the defence and protection of the western frontiers against the Indian or other enemies, who may commit hostilities in that quarter, Be it enacted, That two battalions of the said volunteers be raised in the counties lying on that side the state, and be officered with fit persons to command on that station; and instead of the clothing, arms, and accoutrements, herein before directed, the said battalions shall be furnished with such clothing, arms, and accoutrements, as are most proper for that service; and if any soldier or non-commissioned officer, enlisted into the said battalions, shall be willing to furnish himself with proper clothing, arms, and accoutrements, the governour, with advice of council, may fix the sum to be paid for the purchase

Volunteers for western frontiers.

Arms, &c. how furnished.

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or use of such clothing, arms, and accoutrements, and direct the lieutenant colonel or officer commanding the battalions accordingly, who is to take care that such necessaries, especially the arms, are in proper order and kind, and fit for the service. The said battalions to be posed or garrisoned on the frontiers of this state, at such places as shall, from time to time, appear most convenient; the said battalions shall not be compelled to march out of the commonwealth, unless in case of an expedition against the enemy Indians, or in pursuit of any enemy who shall have invaded the frontier.	Where posted.
And as it is uncertain how long the dangers which at present threaten the western frontier may continue, Be it enacted, That the said battalions shall be continued in the service for the space of nine months, from the tenth day of June next, unless sooner discharged by the governour, with advice of the council; and if the time of their enlistment shall expire, or the battalions be discharged at any considerable distance from the counties where the same were raised, the officers and soldiers shall be allowed pay and provisions for so many days as may be deemed necessary for their return. These battalions to be subject to the rules and discipline as aforesaid.	Their term of service.
And be it farther enacted, That all volunteers raised under this act, who may be disabled in the service, shall be entitled to receive full pay during life, to commence at the time of their discharge; and if any of them lose their lives in the service, either by sickness or in the field, the same provision shall be made for their wives and indigent parents, as has heretofore been made for others in similar situations.	Pensions; & provision for wives and indigent parents.

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CHAP. V. An act prescribing the oath of fidelity, and the oaths of certain publick officers.	[From Revised Bills of 1779, chap. XCVIII. p. 68; Chan. Rev. p. 89.]
BE it enacted by the General Assembly, That every person by law required to give assurance of fidelity, shall, for that purpose, take an oath in this form. "I do declare myself a citizen of the commonwealth of Virginia; I relinquish and renounce the character of subject or citizen of any Prince or other state whatsoever, and abjure all allegiance which may be claimed by such Prince or other state: And I do swear to be faithful and true to the said commonwealth of Virginia, so long as I continue a citizen thereof. So help me God." And no person shall have power to act in any office, legislative, executive, or judiciary, before he shall have given such assurance, and shall moreover have taken such of the following oaths, if another be not specially prescribed, as is adapted to his case. The oath of the governour. "I elected governour of Virginia, by the representatives thereof, do solemnly promise and swear, that I will to the best of my skill and judgment, execute the said office, diligently and faithfully, according to law, without favour, affection, or partiality; that I will to the utmost of my power, protect the citizens of the commonwealth in the secure enjoyment of all their rights, franchises, and privileges; and will constantly endeavour that the laws and ordinances of the commonwealth be duly observed; and that law and justice, in mercy, be executed in all judgments, and lastly, that I will peaceably and quietly resign the government to which I have been elected, at the several periods to which my continuance in the said office is or shall be limited by law and the constitution. So help me God." The oath of a privy councillor. "I elected one of the privy council of Virginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office diligently and faithfully, according to law, without favour, affection, or partiality; and that I will keep secret such proceedings and orders of the privy	Oath of fidelity. Oath of governor. Oath of Privy Councillor.

CHAP. V.

An act prescribing the oath of fidelity, and the oaths of certain publick officers.

[From Revised Bills of 1779, chap. XCVIII. p. 68; Chan. Rev. p. 89.]

BE it enacted by the General Assembly, That every person by law required to give assurance of fidelity, shall, for that purpose, take an oath in this form. "I do declare myself a citizen of the commonwealth of Virginia; I relinquish and renounce the character of subject or citizen of any Prince or other state whatsoever, and abjure all allegiance which may be claimed by such Prince or other state: And I do swear to be faithful and true to the said commonwealth of Virginia, so long as I continue a citizen thereof. So help me God." And no person shall have power to act in any office, legislative, executive, or judiciary, before he shall have given such assurance, and shall moreover have taken such of the following oaths, if another be not specially prescribed, as is adapted to his case. The oath of the governour. "I elected governour of Virginia, by the representatives thereof, do solemnly promise and swear, that I will to the best of my skill and judgment, execute the said office, diligently and faithfully, according to law, without favour, affection, or partiality; that I will to the utmost of my power, protect the citizens of the commonwealth in the secure enjoyment of all their rights, franchises, and privileges; and will constantly endeavour that the laws and ordinances of the commonwealth be duly observed; and that law and justice, in mercy, be executed in all judgments, and lastly, that I will peaceably and quietly resign the government to which I have been elected, at the several periods to which my continuance in the said office is or shall be limited by law and the constitution. So help me God." The oath of a privy councillor. "I elected one of the privy council of Virginia by the representatives thereof, do solemnly promise and swear, that I will, to the best of my skill and judgment, execute the said office diligently and faithfully, according to law, without favour, affection, or partiality; and that I will keep secret such proceedings and orders of the privy

Oath of fidelity.

Oath of governor.

Oath of Privy Councillor.

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council, as the board shall dire t to be concealed, unless the same be called for by either house of general assembly. So help me God." The oath of one not specially directed to take any other. "I do solemnly promise and swear, that I will faithfully, impartially, and justly perform the duty of my office of according to the best of my skill and judgment. So help me God." The said oaths to be taken by a member or officer of either house of general assembly, shall be administered by any member of the privy council, and the taking thereof shall be certified to the clerk of such house; and the said oaths to be taken by any other person if it be not otherwise directed, shall be administered in some court of record or by any judge or justice thereof, and the taking thereof shall be recorded in the said court	Oath of any other. By whom administered.
CHAP. VI. An Act concerning officers, soldiers, sailors, and marines.	[See Revised Bills of 1779, chap. XV. p. 12.]
BE it enacted by the General Assembly, That every able bodied freeman who will enlist, and who having enlisted to serve a particular period of time unexpired, will re-enlist to serve during the continuance of the present war, among the troops of this commonwealth, either at home or in the continental army, as he shall be directed, or as a sailor or marine on board the armed vessels in this commonwealth, shall receive so much money as with the continental bounty if he be put on that service, shall make up seven hundred and fifty dollars, taking into account in the case of re-enlistment the bounty before paid the soldier, sailor, or marine re-enlisting, and the pay and rations allowed to the like soldiers, sailors, or marines in the continental service, to begin from the day of his enlistment; he shall also be furnished at the publick expense, with a coat, waistcoat, pair of overhalls, two shirts, a pair of shoes, and a hat, to be delivered at the place of rendezvous, and with the like articles every year after	Additional bounties to soldiers, sailors and marines.

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during his service, to be delivered at his station; in lieu of such of those articles as are allowed by congress, which articles so allowed by congress, shall be received by proper officers to be appointed by the governour with advice of council, and applied to the dischrage of the engagements of this act, or otherwise to the use of this commonwealth as the governour with advice of council shall direct. At the end of the war every of the said soldiers, sailors, and marines, shall be entitled to a grant of one hundred acres of any unappropriated land within this commonwealth, and every of the officers commanding the said soldiers, sailors, or marines, shall be entitled to a grant of the like quantity of lands as is allowed to officers of the same rank in the Virginia regiments on continental establishment, which they shall locate according to the directions to the laws, for which no purchase money shall be required on behalf of the commonwealth: Such of the said soldiers, sailors, or marines, as shall be disabled in the service, and the widows of those slain or dying therein, shall be entitled to immediate relief, and also to annual pensions as provided in one act of general assembly, passed at the last session, entitled "An act for establishing a board of auditors for publick accounts." Officers, soldiers, sailors, and marines, during their continuance in the service, shall be exempted from all taxation in their persons. Officers, soldiers, sailors, and marines, raised under the laws of this commonwealth, shall, during their continuance in the service be furnished by the agent or commissary of stores on behalf of this commonwealth, at the principal encampments, with the following articles, at the rates herein stated, to wit: osnaburgs at one shilling and six pence by the yard, coarse hats at seven shillings and six pence each, coarse shoes at eight shillings by the pair, coarse yarn hose at five shillings by the pair, rum or brandy at ten shillings by the gallon, whisky at five shillings by the gallon, brown sugar at one shilling by the pound, coffee at two shillings and sixpence by the pound, and such other imported articles as may be necessary for them, at one hundred and twenty per centum advance on their costs at the European port where they shall have been imported: And if they shall have been purchased on behalf of the publick, after their exportation from any European port,	Land bounty Pensions. Exemption from personal taxes. Goods, at stipulated prices.

during his service, to be delivered at his station; in lieu of such of those articles as are allowed by congress, which articles so allowed by congress, shall be received by proper officers to be appointed by the governour with advice of council, and applied to the dischrage of the engagements of this act, or otherwise to the use of this commonwealth as the governour with advice of council shall direct. At the end of the war every of the said soldiers, sailors, and marines, shall be entitled to a grant of one hundred acres of any unappropriated land within this commonwealth, and every of the officers commanding the said soldiers, sailors, or marines, shall be entitled to a grant of the like quantity of lands as is allowed to officers of the same rank in the Virginia regiments on continental establishment, which they shall locate according to the directions to the laws, for which no purchase money shall be required on behalf of the commonwealth: Such of the said soldiers, sailors, or marines, as shall be disabled in the service, and the widows of those slain or dying therein, shall be entitled to immediate relief, and also to annual pensions as provided in one act of general assembly, passed at the last session, entitled "An act for establishing a board of auditors for publick accounts." Officers, soldiers, sailors, and marines, during their continuance in the service, shall be exempted from all taxation in their persons. Officers, soldiers, sailors, and marines, raised under the laws of this commonwealth, shall, during their continuance in the service be furnished by the agent or commissary of stores on behalf of this commonwealth, at the principal encampments, with the following articles, at the rates herein stated, to wit: osnaburgs at one shilling and six pence by the yard, coarse hats at seven shillings and six pence each, coarse shoes at eight shillings by the pair, coarse yarn hose at five shillings by the pair, rum or brandy at ten shillings by the gallon, whisky at five shillings by the gallon, brown sugar at one shilling by the pound, coffee at two shillings and sixpence by the pound, and such other imported articles as may be necessary for them, at one hundred and twenty per centum advance on their costs at the European port where they shall have been imported: And if they shall have been purchased on behalf of the publick, after their exportation from any European port,

Land bounty

Pensions.

Exemption from personal taxes.

Goods, at stipulated prices.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH


so that their costs at such port shall not be known, their costs there shall be estimated by such agent or commissary as nearly as he shall be able, and they shall be vended at the same advance on that estimation, provided that every of the said officers shall, in any one year, be entitled to receive of such agent or commissary, the following articles of imported dry goods, to wit: Six yards of cloth, seven quarters of a yard wide, with trimmings for a suit of clothes, stuff for six summer vests and breeches, linen for six shirts, cambrick for ruffles to them, and buttons, six stocks, three pair of silk, and three pair of thread hose, six handkerchiefs, two pair of good shoes, and one hat, and no more. All general officers of the army being citizens of this commonwealth, and all field officers, captains, and subalterns, commanding, or who shall command in the battalions of this commonwealth on continental establishment, or serving in the battalions raised for the immediate defence of this state, or for the defence of the United States: And all chaplains, physicians, surgeons, and surgeon's mates, appointed to the said battalions, or any of them, being citizens of this commonwealth, and not being in the service of Georgia, or of any other state, provided congress do not make some tantmount provision for them, who shall serve henceforward, or from the time of their being commissioned, until the end of the war. And all such officers who have, or shall become supernumarary on the reduction of any of the said battalions, and shall again enter into the said service if required so to do, in the same or any higher rank, and continue therein until the end of the war, shall be entitled to half pay during life, to commence from the determination of their command or service. The field officers of every county shall, from time to time, during the continuance of the present war, appint one or more persons, such as in their judgment are best fitted to the purpose of recruiting soldiers, sailors, and marines, under this act, who shall be removeable at their will. Every recruiting officer shall, from time to time, give notice of the men enlisted by him to the governour, who, with advice of council, shall appoint such time and place within this commonwealth for their rendezvous as shall be convenient, and an officer then and there to review and receive them, to which place of rendezvous the	Half, pay, for life, promised to generals, field officers, captains, subalterns, chaplains, physicians, surgeons, and surgeons' mates, who continue to the end of the war. Recruiting officers, how appointed. Their powers, duty, & compensation.

so that their costs at such port shall not be known, their costs there shall be estimated by such agent or commissary as nearly as he shall be able, and they shall be vended at the same advance on that estimation, provided that every of the said officers shall, in any one year, be entitled to receive of such agent or commissary, the following articles of imported dry goods, to wit: Six yards of cloth, seven quarters of a yard wide, with trimmings for a suit of clothes, stuff for six summer vests and breeches, linen for six shirts, cambrick for ruffles to them, and buttons, six stocks, three pair of silk, and three pair of thread hose, six handkerchiefs, two pair of good shoes, and one hat, and no more. All general officers of the army being citizens of this commonwealth, and all field officers, captains, and subalterns, commanding, or who shall command in the battalions of this commonwealth on continental establishment, or serving in the battalions raised for the immediate defence of this state, or for the defence of the United States: And all chaplains, physicians, surgeons, and surgeon's mates, appointed to the said battalions, or any of them, being citizens of this commonwealth, and not being in the service of Georgia, or of any other state, provided congress do not make some tantmount provision for them, who shall serve henceforward, or from the time of their being commissioned, until the end of the war. And all such officers who have, or shall become supernumarary on the reduction of any of the said battalions, and shall again enter into the said service if required so to do, in the same or any higher rank, and continue therein until the end of the war, shall be entitled to half pay during life, to commence from the determination of their command or service. The field officers of every county shall, from time to time, during the continuance of the present war, appint one or more persons, such as in their judgment are best fitted to the purpose of recruiting soldiers, sailors, and marines, under this act, who shall be removeable at their will. Every recruiting officer shall, from time to time, give notice of the men enlisted by him to the governour, who, with advice of council, shall appoint such time and place within this commonwealth for their rendezvous as shall be convenient, and an officer then and there to review and receive them, to which place of rendezvous the

Half, pay, for life, promised to generals, field officers, captains, subalterns, chaplains, physicians, surgeons, and surgeons' mates, who continue to the end of the war.

Recruiting officers, how appointed.

Their powers, duty, & compensation.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


said recruiting officer shall conduct them, and in the mean time, from their enlistment till their review, shall have the same powers over them as if he were their proper commanding officer. For every man who shall be reviewed and received by the officer appointed for that purpose, the officer recruiting him, shall receive one hundred and fifty dollars, to be paid on certificate of such review, and receipt from the board of war to the auditors, and their warrant on the treasurer. The board of war shall cause accounts to be raised, with every county in which each shall have credit for the men so recruited by their officers and reviewed by the officer of review: And whensoever afterwards it shall become necessary for the publick exigencies to call for any greater number of regular troops than shall have been raised under this act, the number of all those raised under this act, shall be added to the number to be called for, and the quota of the aggregate number being settled for each county, in proportion to their militia; where it shall appear that any county has furnished under this act a number equal to such their quota, they shall not be subject to furnish any part of those then called for, and where they shall have furnished a part of such quota, they shall be subject to furnish so many, only of those as shall make up their deficiency; and for the greater security of the inhabitants of the county of Illinois: Be it enacted, That one troop of horse shall be raised, to consist of one captain, one lieutenant, one cornet, and thirty two privates; the officers to be appointed by the governour with advice of council, and commissioned by the governour, and to receive the same pay, rations, and forage, as is allowed to the cavalry now in the continental service; and the horses, arms, and accoutrements, to be provide for them, in such manner as the governour with the advice of the council shall direct. Every soldier who enlisted into the corps of volunteers commanded by colonel George Rogers Clarke, and continued therein till the taking the several posts in the Illinois country, shall at the end of the war, be entitled to a grant of two hundred acres of any unappropriated lands within this commonwealth, on the terms herein before declared. Every able bodied freeman who shall enlist, or who having enlisted for a period of time unexpired, shall re-enlist to serve during the war, among the forces	Troop of cavalry for protection of Illinois. Land bounty to volunteers under colonel George Rogers Clarke.

said recruiting officer shall conduct them, and in the mean time, from their enlistment till their review, shall have the same powers over them as if he were their proper commanding officer. For every man who shall be reviewed and received by the officer appointed for that purpose, the officer recruiting him, shall receive one hundred and fifty dollars, to be paid on certificate of such review, and receipt from the board of war to the auditors, and their warrant on the treasurer. The board of war shall cause accounts to be raised, with every county in which each shall have credit for the men so recruited by their officers and reviewed by the officer of review: And whensoever afterwards it shall become necessary for the publick exigencies to call for any greater number of regular troops than shall have been raised under this act, the number of all those raised under this act, shall be added to the number to be called for, and the quota of the aggregate number being settled for each county, in proportion to their militia; where it shall appear that any county has furnished under this act a number equal to such their quota, they shall not be subject to furnish any part of those then called for, and where they shall have furnished a part of such quota, they shall be subject to furnish so many, only of those as shall make up their deficiency; and for the greater security of the inhabitants of the county of Illinois: Be it enacted, That one troop of horse shall be raised, to consist of one captain, one lieutenant, one cornet, and thirty two privates; the officers to be appointed by the governour with advice of council, and commissioned by the governour, and to receive the same pay, rations, and forage, as is allowed to the cavalry now in the continental service; and the horses, arms, and accoutrements, to be provide for them, in such manner as the governour with the advice of the council shall direct. Every soldier who enlisted into the corps of volunteers commanded by colonel George Rogers Clarke, and continued therein till the taking the several posts in the Illinois country, shall at the end of the war, be entitled to a grant of two hundred acres of any unappropriated lands within this commonwealth, on the terms herein before declared. Every able bodied freeman who shall enlist, or who having enlisted for a period of time unexpired, shall re-enlist to serve during the war, among the forces

Troop of cavalry for protection of Illinois.

Land bounty to volunteers under colonel George Rogers Clarke.

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LAWS OF VIRGINIA, MAY 1779−−3d OF COMMONWEALTH.


ordered for the protection and defence of the county of Illinois, shall receive a bounty of seven hundred and fifty dollars, and at the end of the war, shall be entitled to a grant of one hundred acres of land on the terms herein before declared. And for the better defence of this commonwealth in the eastern quarter: Be it enacted, That four troops of horse shall be forthwith raised, to be commanded by a major commandant, to be chosen by joint ballot of both houses of assembly, each troop to consist of thirty two privates, and commanded by one captain, one lieutenant, and one cornet, who shall be appointed by the governour with advice of council, and commissioned by the governour, and shall receive the same pay, rations, and forage, as the cavalry now in the continental service. The horses, arms, and accoutrements, to be provided at the publick expense. Every able bodied man who shall enlist to serve during the war in the said troops, shall be entitled to a bounty of seven hundred and fifty dollars, and at the end of the war shall be entitled to a bounty of one hundred acres of unappropriated lands on the terms herein before declared; and each able bodied man who shall enlist to serve two years, shall be entitled to a bounty of three hundred dollars. The bounties and other allowances given by this act to officers, soldiers, sailors, and marines, shall be deemed in lieu of those of the same kind given by any act of assembly, ordinance, or resolution of congress heretofore passed. And where the same shall have been given by any resolution of congress, shall go towards lessening the quota of such gift which ought to be contributed by this commonwealth.	To soldiers for protection of Illinois. Four troops of cavalry for eastern frontier. Land bounty to those who enlist during the war.

ordered for the protection and defence of the county of Illinois, shall receive a bounty of seven hundred and fifty dollars, and at the end of the war, shall be entitled to a grant of one hundred acres of land on the terms herein before declared. And for the better defence of this commonwealth in the eastern quarter: Be it enacted, That four troops of horse shall be forthwith raised, to be commanded by a major commandant, to be chosen by joint ballot of both houses of assembly, each troop to consist of thirty two privates, and commanded by one captain, one lieutenant, and one cornet, who shall be appointed by the governour with advice of council, and commissioned by the governour, and shall receive the same pay, rations, and forage, as the cavalry now in the continental service. The horses, arms, and accoutrements, to be provided at the publick expense. Every able bodied man who shall enlist to serve during the war in the said troops, shall be entitled to a bounty of seven hundred and fifty dollars, and at the end of the war shall be entitled to a bounty of one hundred acres of unappropriated lands on the terms herein before declared; and each able bodied man who shall enlist to serve two years, shall be entitled to a bounty of three hundred dollars. The bounties and other allowances given by this act to officers, soldiers, sailors, and marines, shall be deemed in lieu of those of the same kind given by any act of assembly, ordinance, or resolution of congress heretofore passed. And where the same shall have been given by any resolution of congress, shall go towards lessening the quota of such gift which ought to be contributed by this commonwealth.

To soldiers for protection of Illinois.

Four troops of cavalry for eastern frontier.

Land bounty to those who enlist during the war.

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Volume Map ======

Pages 28-50

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