Pages 177-198 
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| Pages 177-198
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| CHAP. XXXVII. An act to amend an act entitled An act establishing a board of war. | |
| WHEREAS it is expedient that the act entitled "An act establishing a board of war," should be amended, Be it therefore enacted by the General Assembly, That from and after the passing of this act, the board of war shall consist of four members only, one of whom shall be appointed by the said board, to be an inspector of the military stores and provisions in the several magazines within this state, who shall, over and above his salary, be allowed his reasonable travelling expenses, when performing the said service: Any two of the said member may proceed to business: All the resolutions, proceedings, and orders of the said board, shall be signed by the members present, and submitted to the governour, or in his absence, to the lieutenant governour or the president of the council, for his approbation. The president shall call the members together at such place as the governour | Of how many members, board of war to consist. One to be inspector of military stores and provisions. Their proceedings to be submitted to governor, &c. for approbation. How the board convened. |
| may direct; and shall be empowered, with the consent of a majority of the said board, to appoint two clerks to do the business thereof; so much of the said recited act, as comes within the purview of this act, stands hereby repealed. | |
 CHAP. XXXVIII. An act to prevent the misapplication of the money collected for taxes. |
[Chan. Rev. p. 177.] |
| I. WHEREAS great inconveniencies have arisen to the publick from the misapplication of the taxes collected by the sheriffs in several counties of this state, some of whom have applied the same to private purposes in speculative bargains for the emolument of themselves or their friends, thereby contributing to raise the prices of the necessaries of life, and to depreciate the paper currency in circulation, defeating the purposes of taxation, and hazarding the ruin of publick credit: And experience hath proved that the laws heretofore made, are insufficient to prevent or restrain so growing and dangerous an evil: Be it therefore enacted by the General Assembly, That if any sheriff or collector shall hereafter appropriate to his own use, or otherwise misapply any publick money which shall be by him collected for taxes, he shall forfeit and pay double the sum so appropriated or misapplied, to be recovered with costs on bill, plaint, or information in any court of record within this commonwealth, one half to the informer, and the other half of the commonwealth, or the whole to the commonwealth if information is made by a publick officer. And every person receiving such publick money, knowing it to be such, and applying it to private purposes, shall in like manner forfeit double the sum so received, to be recovered as before directed. And for the more effectually preventing such pernicious practices in future, the commissioners of the taxes in their respective counties, or a majority of them, shall, upon information or suspicion | Preamble. Penalty on sheriffs and collectors, for misapplying publick money. How recoverable. |
| of any such misapplication, call upon the sheriff or collector to make up an account of the money which he shall have collected, upon oath, and to demand of him that the money collected shall be produced and compared with the accounts so made up; and if any sheriff or collector of taxes shall fail to make up his accounts, or to produce to the commissioners when required, the taxes collected as aforesaid, within the space of one week after such demand, he shall forfeit and pay the sum of one hundred pounds for every week thereafter, until he shall comply with the demand of the said commissioners, who shall give information, either to the attorney general, or to the attorney for the commonwealth in the county, either of whom as the case may be, shall lodge a bill, plaint, or information against such sheriff or collector, at the next court having cognizance of the said offence, which he shall renew so often as the said sheriff or collector shall continue his said offence. And no commissioner of the tax shall hereafter be admitted as security for any sheriff or collector, nor shall any person who is or shall be security for a sheriff, be eligible as a commissioner of the tax. Whenever a bill, plaint, or information shall be lodged in any county court, under this act, the said court shall compel the defendant to plead immediately to issue, which issue they shall proceed to try at the very next court thereafter, before any other matter or thing whatsoever: And if the said bill, plaint, or information is made in the general court, they shall cause the issue to be made up and tried at the same time. And should any sheriff or collector, after such process hath been legally served on him, fail to appear and plead at the next court or term as the case may be, such court shall order the clerk to make an issue for him, and proceed to trial in like manner as herein above directed. And for the more effectually securing the payment of all taxes now due, or which shall hereafter be collected, and not accounted for and paid as the law directs, the auditors of publick accounts shall have power to move for judgments against all sheriffs and collectors of taxes, without any farther notice than this act, on the first days of the June and December general courts, and on the first Saturday in the March and October general courts; and the said courts shall take cognizance thereof at all or any of | Failing to make up an account and produce
the money collected when required by the commissioners, incur a weekly forfeiture. Commissioners shall not be sureties for collectors. Proceedings in prosecutions under this act. Remedy by motion against sheriffs. |
| the said sessions, and give judgments accordingly, or for good cause may postpone the proceedings upon any such motion till a future day; and any judgment given on such motion shall carry twenty per centum interest, until the same shall be levied or discharged. | Twenty per cent. interest upon judgments by motion. |
| CHAP. XXXIX. An act for confirming the titles of purchasers of escheated and forfeited estates. |
[Chan. Rev. p. 118.] |
| I. WHEREAS some sales have been already made, and many others will soon be made under the "Act concerning escheats and forfeitures from British subjects," upon certificates from the clerk of the general court, that no claim had been filed in due time; and it hath been apprehended that should the inquisitions of the law not be complied with, the former owners may at a future day reclaim their estates, and expel the purchasers from the possession; and such apprehensions and doubts may deter many persons from purchasing, and cause such estates to sell at an under value; Be it therefore enacted by the General Assembly, That in every case where any estate shall have been found to belong to a British subject, in which the clerk of the general court hath certified, or shall certify, that no claim hath been filed to any such estate; or where any claim shall have been filed and discussed for the commonwealth, the title of the purchaser or purchasers thereto, shall be, and is hereby confirmed to him, her, or them, and his, her, of their heirs and assigns for ever, upon due payment of the purchase money; notwithstanding any defect in the inquisition, or that the requisitions any defect in the inquisition, or that the requisitions of the above-recited act may not have been complied with: Saving the right of all persons to assert their claim to the money arising from | Titles to estates found to have been escheated or forfeited, to which a claim either had not been made, or had been discussed for the commonwealth, confirmed to the purchasers; saving the rights of all persons to the purchase money. |
| such sales, as by the said act, and one other act passed at the present session of assembly, entitled "An act to amend the act concerning escheats and forfeitures from British subjects" is directed. | |||
| CHAP. XL. | |||
|
[Chan. Rev. p. 118.] | ||
| I. FOR preserving friendship and harmony with those nations who have, or shall hereafter acknowledge the independence of the United States of America; speedily determining disputes wherein their subjects or citizens are parties, protecting and encouraging their commerce within this commonwealth; Be it enacted by the General Assembly, That it shall be lawful for the governour, with the advice of the council of state, to receive and admit, from time to time, a consul or consuls appointed by any such state to be resident within this commonwealth; such consul if he were not a citizen of this commonwealth at the time of receiving his appointment, shall be deemed a subject or citizen of the state from which he was appointed, and shall be exempted from all personal services required by the laws of this commonwealth from its own citizens; and if he shall do any act which by the laws of this commonwealth would subject him to criminal prosecution, it shall be lawful for the governour, with the advice of the council of state, in their discretion, either before the prosecution instituted, or in any stage thereof, to remand such consul to his own sovereign or state for punishment, and for that purpose to command him to be delivered by any civil officer in whose custody he may be. It shall be lawful for the said consul to take cognizance of all differences, controversies, and litigations | Consuls from such states as acknowledge the independence of
America, how received; deemed subjects or citizens of the states by whom appointed: guilty of
crimes against this state, shall be remanded to their sovereigns for punishment. Their powers. |
| arising between subjects or citizens of his own state only, and finally to determine and compose them according to such rules or laws as he shall think fit, and such determinations to carry into execution. And where he shall require aid for executing the same, it shall be lawful for the governour, with the advice of the council of state, using their discretion therein, to order any sheriff within his own county, or any military officer whatsoever, to execute or to aid and assist in executing any such determination; provided the same does not extend to life or limb of the offender. Where any sailor, seaman, or marine belonging to any vessel of such state within this commonwealth shall desert, or be found wandering from his vessel, it shall be lawful for the master of such vessel to reclaim such sailor, seaman, or marine, notwithstanding such sailor, seaman, or marine may in the mean time have been naturalized in this commonwealth. And any justice of the peace to whom the master shall apply, shall grant his warrant for taking and conveying such sailor, seaman, or marine from constable to constable to the said vessel, or on application from the consul, the governour, with the advice of the council of state, may issue such orders to any sheriff, constable, or military officer, who shall yield due obedience thereto. And be it farther enacted, That any suit commenced in the high court of chancery, or general court, by or against any subject or citizen of such state, shall be heard or tried in the term to which the process shall be returned regularly executed, or so soon afterwards as may be, and to this end, subsequent process to compel appearance may be returnable to any day of a term, and rules to brin [bring] the matter in dispute to speedy issue, may be given to expire at any shorter time than what is prescribed in ordinary cases. If such suit be commenced in the court of a county, city, or borough, it may, without any other reason, on the motion or petition of either party, be removed by writ of certiorari; and the hearing or trial thereof shall be accelerated by like means, as if it had originated in the court to which it shall be removed. And the court of appeals, high court of chancery, or general court shall determine every such suit brought before them, by writ of errour or appeal, with all the expedition which the necessary forms of their proceedings will allow. | In execution thereof, how to be aided. Seamen deserting, how apprehended. Mode of proceeding in suits, wherein foreigners are parties. |
| CHAP. XLI. | |||
|
[Chan. Rev. p. 118.] | ||
| I. WHEREAS the act of assembly, passed in the year one thousand seven hundred and seventy eight, entitled "An act to revive and amend an act entitled An act to make provision for the support and maintenance of ideots, lunaticks, and persons of unsound minds," will expire at the end of this present session of assembly, and it is necessary the same should be continued, Be it therefore enacted by the General Assembly, That the act entitled "An act to revive and amend an act entitled An act to make provision for the support and maintenance of ideots, lunaticks, and persons of unsound minds," shall continue and be in force, from and after the expiration thereof, for an during the term of one year, and from thence to the end of the next session of assembly. | Act providing for support of idiots and lunatics, further continued. | ||
| II. And be it farther enacted, That the farther sum of fifty pounds shall be allowed and paid for the maintenance and support of each person in the publick hospital. | Further allowance for support of patients. | ||
| |||
| * The words "and maintenance" omitted in the orignal, evidently by mistake, but inserted in Chan. Rev. p. 118. |
| CHAP. XLII. An act to suppress excessive gaming. |
See Revised Bills of 1779 p. 60. [Chan. Rev. p. 119.] |
| I. BE it enacted by the General Assembly, That every promise, agreement, note, bill, bond, or other contract to pay, deliver, or secure money or other thing won, or obtained by playing at cards, dice, tables, tennis, bowles, or other games; or by betting or laying on the hands or sides of any person who shall play at such games; or won or obtained by betting or laying on any horserace, or cockfighting, or at any other sport or pastime, or on any wager whatsoever, or to repay or secure money or other thing lent or advanced for that purpose, or lent or advanced at the time of such gaming, sporting, or wager, to a person then actually playing, betting, laying, or adventuring, shall be void. Any conveyance or lease of lands, tenements, or hereditaments, sold, demised, or mortgaged; and any sale, mortgage, or other transfer of slaves, or other personal estate, to any person, or for his use, to satisfy or secure money or other thing by him won of, or lent, or advanced to, the seller, lessor, or mortgager, or whereof money or other thing so won, or lent, or advanced, shall be part or all of the consideration money, shall inure, to the use of the heir of such mortgager, lessor, bargainer, or vender, and shall vest the whole estate and interest of such person in the lands, tenements, or hereditaments so leased, mortgaged, bargained, or sold, and in the slaves or other personal estate so sold, mortgaged, or otherwise transferred, to all intents and purposes in the heir of such lessor, bargainer, mortgager, or vender, as if such lessor, bargainer, mortgager, or vender had died intestate. | Contracts for paying money, &c. won by
gaming, void. Conveyances to secure money, &c. so won, enure to the benefit of the loser's heir. |
| II. If any person by playing or betting at any game or wager whatsoever at any time within the space of twenty four hours shall lose or win, to or from another, a greater sum, or any thing of greater value than five pounds, the loser and winner shall be rendered incapable of holding any office, civil or military, within the state, during the space of two years; and more over shall be liable to pay ten shillings in the pound, for every pound over and above the said sum of five | Penalties on those who play or bet at games or wagers. |
| pounds, which he shall so win or lose; and upon information thereof made to any county court shall levy upon the goods and chattels of the offenders, the full penalty incurred, to be applied to lessening the levy of the county wherein such offence shall be committed; and upon a conviction before such county court, shall incur the forfeiture hereby inflicted, and be ipso facto deprived of his office aforesaid. Any person who shall bet or play for money or other goods, or who shall bet on the hands or sides of those who play at any game in a tavern, racefield, or other place of publick resort, shall be deemed an infamous gambler, and shall not be eligible to any office of trust or honour within this state. | |
| III. Any tavern-keeper who shall permit cards, dice, billiards, or any instrument of gaming to be made use of in his house; or shall permit any person to bet or play for money or other goods, in any outhouse, or under any booth, arbour, or other place, upon the messuage or tenement he possesses, and shall not make information thereof, and give in the names of the offenders to the next court which may be held for the county, city, or borough wherein he resides, shall be deprived of his license, and moreover shall pay to the informer, one hundred pounds, to be recovered by action of debt, in any court of record. | Penalty on tavern keepers permitting gaming in their houses. |
| IV. Two justices of the peace may cause any person not possessing a visible estate, nor exercising some lawful trade or profession, who shall be suspected by them to support himself for the most part, by gaming, to come or be brought before them, and if the suspicion shall appear upon examination to be well founded, may require security of him for his good behaviour, during the term of twelve months, and if before the expiration thereof, he shall play for or bet any money or other thing, at any game whatsoever, he shall be adjudged to have broken the condition of his recognizance. | Power of justices of peace to bind gamesters to their behaviour. |
| V. No person, in order to raise money for himself or another, shall publickly or privately put up a lottery of blanks and prizes, to be drawn or adventured for, or any prize or thing to be raffled or played for; and whoever shall offend herein, shall forfeit the whole sum of money proposed to be raised by such lottery, | Lotteries & raffling prohibited. |
| raffling, or playing, to the use of the commonwealth. The presiding justice, as well in the general, as in all the inferiour courts of law in this commonwealth, shall constantly give this act in charge to the grand juries of their courts at the times when such grand juries shall be sworn. This act shall commence and be in force, from and after the first day of March next. | Charge to grand juries. |
| CHAP. XLII. An act for the relief of Christopher Godwin. | |
| WHEREAS it is represented to this present general assembly, that Christopher Godwin did on the third day of May one thousand seven hundred and seventy two, lease a certain house, garden, and pasture, lying in the county of Nansemond, unto John Hamilton, for the term of twenty years, paying annually on the first day of May the sum of ten pounds, wherein was inserted a clause, that if no distress should be found on the premises for the space of the said twenty years, it should be lawful for the said Christopher Godwin to re-enter. | Christopher Godwin, revested of his house, &c. in Nansemond, leased to John Hamilton, who had joined the enemy. |
| And whereas the said John Hamilton having about the ninth day of April one thousand seven hundred and seventy five, privately removed from this state and joined the subjects of his Britannick majesty, leaving no effects on the premises, and his property real and personal hath since been escheated and forfeited to the commonwealth, whereby the said Christopher Godwin is likely to lose the arrears of rent as well as those which might hereafter become due; for remedy whereof, Be it enacted, That the said house, garden, and pasture shall, and the same are hereby declared to be revested in the said Christopher Godwin. |
| CHAP. XLIV. | ||
| ||
| WHEREAS the salaries allowed to the clerks of the auditors of publick accounts by an act entitled "An act to increase the salaries of the clerks to the auditors of publick accounts," have been found inadequate to their services; Be it enacted by the General Assembly, That the additional sum of four hundred pounds per annum shall be given to each of the respective clerks aforesaid. | Salaries of clerks in auditors' office encreased. | |
| CHAP. XLV. An act concerning the naval office of the district of South Potowmack. | ||
| WHEREAS it hath been represented to this present general assembly, that it will be expedient that a naval office should be kept in the upper part of the district of south Potowmack; Be it therefore enacted, That the naval officer of the said district be empowered, and he is hereby required to appoint a deputy to reside in the town of Alexandria, there to keep an office for the entering and clearing of vessels, in like manner, as such naval officer might or ought to do if personally present: | Naval officer of district of South Potomac, to appoint a deputy to reside in Alexandria. | |
| Provided nevertheless, That an office shall continue to be kept in the lower part of the said district, where a general register shall be made of all vessels trading to the said district. |
| CHAP. XLVI. | ||
| ||
| WHEREAS it hath been represented to this present general assembly, by the inhabitants of the parish of Drysdale, in the counties of Caroline and King and Queen, that they labour under many inconveniencies by reason of the great extend thereof: Be it therefore enacted, That from and after the first day of February next ensuing, the said parish of Drysdale shall be divided into two distinct parishes, by a line to begin at the lower corner of the land of John Page, esq. upon Mattapony river, and run along his lower line, and those of Christopher Smith, Anthony Seale, and Frederick Phillips, to the corner of the lands of Edmund Pendleton, the elder, esq. and Edmund Jones; thence along the lines between them to Morococick creek; thence up the creek to the mouth of Phillips's run; thence up the said run to Digges's upper line; thence along that line and the course thereof continued to the line of Essex county; and that all that part of the said parish which lies to the eastward of the said line, shall be one distinct parish, and retain the name of Drysdale; and that all the other part thereof shall be one other distinct parish, and be called and known by the name of Saint Asaph. | Parish of Drysdale, in Caroline & King and
Queen counties divided, St. Asaph formed. Boundaries. | |
| And be it farther enacted, That the present vestry of the said parish of Drysdale be, and the same is hereby dissolved; and that the inhabitants of the said parishes of Drysdale and Saint Asaph respectively, who have a right to vote for vestrymen, shall meet at some convenient time and place, to be appointed and publickly advertised by the sheriffs of the said counties of Caroline and King and Queen, before the first day of March next, and then and there elect twelve able and discreet persons, who shall be a vestry for the said parishes respectively; but the collector of the said parish of Drysdale shall have power to collect and distrain for any dues which shall remain unpaid by the inhabitants of the said parishes of Drysdale and |
| Saint Asaph, at the time of the said divisions taking place, and shall be answerable for the same in like manner as if this act had never been made. | |
| And whereas on the division of the said parish of Drysdale, the present glebe and the buildings thereon will be inconveniently situated, Be it enacted, That the said glebe, with the appurtenances be, and the same are hereby vested in Edmund Pendleton, the elder, William Lyne, Anthony Thornton, jun. Thomas Coleman, Mungo Roy, and James Upshaw, gentlemen, commissioners, or any four of them in trust, that they shall sell and convey the same for ready money or on credit, as to them shall appear most advisable for a valuable consideration to be bona fide received to any person or persons willing to become purchasers thereof, to hold to such purchaser or purchasers in fee simple: That the money arising from the sale thereof shall be equally divided between the said parishes of Drysdale and Saint Asaph, except as herein after directed; and the vestries of the said parishes respectively shall apply the money in the purchase of other lands for a glebe for the use of their respective ministers for the time being for ever. And be it farther enacted, That the present vestry of the said parish of Drysdale shall, and they are hereby directed and required, on or before the said first day of February next, to appoint one or more impartial and disinterested person or persons to value the two churches now in the said parish of Drysdale, and upon such valuations being returned to the commissioners appointed by this act to sell the glebe of the said parish of Drysdale, they shall deduct so much as the one shall exceed the other in value, out of the sale of the glebe, and pay such difference of value to the vestry of the parish in whose favour the same shall be adjudged. | Glebe of Drysdale parish to be sold, and money divided between parishes of Drysdale & St. Asaph, in proportion to the value of the two churches. See post chap. XLIX, this section amended.
|
| CHAP. XLVII. An act for the manumission of certain Slaves. | |
| WHEREAS application hath been made to this present general assembly, that John Hope, other wise called Barber Cæsar, a negro man slave the property of Susanna Riddle of York town; that William Beck, a mulatto slave the property of Thomas Walker, the younger, of the county of Albemarle, and that a mulatto girl named Pegg, the property of Lewis Dunn, of the county of Sussex, may be severally emancipated; Be it therefore enacted, That the said negroes, John Hope, otherwise called Barber Gæsar, William Beck, and Pegg, shall, and they are hereby respectively declared to be free, and may enjoy all such rights, privileges, and immunities, as free negroes or mulattoes by laws of this country do enjoy; saving to all and every other person, his or their heirs, executors, and administrators, (except the said Susanna Riddle, Thomas Walker, the younger, and Lewis Dunn, and those claiming under them) any right, title, or claim they may have to the said negroes, as if this act had never been made. | John Hope, alias Barber Cæsar, a slave of Susanna Riddle, of York; William Beck, a mulatto, belonging to Thomas Walker, jun. of Albemarle; and a mulatto girl Pegg, the property of Lewis Dunn, of Sussex, emancipated. |
| CHAP. XLVIII. | ||
| ||
| WHEREAS the several acts of assembly empowering the county courts to make provision for the support of the wives, parents, and families of the soldiers of this state, as well those in the service of this commonwealth, as those in the service of the United States, have created an expenditure greatly exceeding the expectations of the legislature, and must prove very burthensome to the good people of this commonwealth, if longer admitted; for remedy thereof, Be it enacted by the General Assembly, That so much of the several acts of assembly which empower the county courts to make provision for the support of the wives, parents, and families of the soldiers of this state in the service of the United States, or in the service of this commonwealth, shall be, and the same stands hereby repealed. Provided nevertheless, That the county courts may, and they are hereby empowered to grant allowances to the wives, parents, and families of any soldier now in actual service, upon proof to them made, that such wives, parcnts, or families are so poor that they cannot maintain themselves; such allowance not to exceed one barrel of corn and fifty pounds of nett pork for each person, annually. | Preamble. All acts empowering county courts to provide for wives, parents and families of soldiers repealed. Proviso, in favor of those in indigent circumstances. |
| CHAP. XLIX. | ||
| ||
| WHEREAS by an act this present session of assembly, entitled "An act for dividing the parish of Drysdale in the counties of Caroline and King and Queen," it is provided that the present vestry of the said parish of Drysdale shall appoint one or more impartial and disinterested person or persons to value the two churches now in the said parish, and upon such valuation being returned to the commissioners appointed by that act, they are directed to sell the glebe of that parish, and deduct so much as the one church shall exceed the other in value, out of the sale of the glebe, and pay the difference of value to the vestry of the parish in whose favour the same may be adjudged. And whereas it has been made appear to this general assembly, that the remaining parish of Drysdale, as the division has taken place, will have far the lesser number of subscribers for supporting a minister of the church of England, but the largest church, and which will be in some measure useless to them, and if they should be obliged to pay to the vestry of the new parish of St. Asaph, the difference in value between their churches, they will pay for buildings of little or no advantage to them, and from the smallness of their number, may not be able to purchase a new glebe, or maintain a minister; and it is reasonable that the inhabitants of the new parish of Saint Asaph, who prayed for and have obtained a division of the parish, should be content with their own church, without burdening the now parish of Drysdale, who were averse to a division, with making a compensation for buildings which this division has rendered useless; Be it therefore enacted by the General Assembly, That no valuation shall be made of either of the churches in the said former parish of Drysdale; nor shall there be | So much of act of present session (ante chap. XLVI) as directs an estimate of the value of the two churches in the parishes of Drysdale & St. Asaph to be made, & the proceeds of the sale of the glebe to be divided, in proportion, repealed. |
| any compensation made by the one parish to the other for any supposed difference in value between the said churches; any thing in the said recited act to the contrary notwithstanding. | ||
| CHAP. L. | ||
| ||
| BE it enacted by the General Assembly, That the officers of the Virginia line, and of the two state regiments, and of the artillery regiment in the continental service, shall have power to re-enlist any soldiers whose times of service may expire within the course of the ensuing year, and to pay them the sum of seven hundred and fifty dollars, as bounty money, with which they shall be furnished out of the treasury of this state, under the directions of the governour and council. And that the executive may be enabled to afford such assistance to our sister state of South Carolina as the exigency of their situation may require, during the recess of the assembly; Be it enacted, That the governour, with the advice of the council may, and he is hereby empowered to order any number of militia of this state, not exceeding fifteen hundred, and so many of the state troops as can be marched thither according to the terms of their enlistments, or are willing to march, as they in their discretion shall think proper, to the assistance of the said state of South Carolina. And be it farther enacted, That if any county or division have not yet been drafted according to an act "For obliging the several delinquent counties and divisions of militia in this commonwealth to furnish one twenty fifth man," that the respective commanding officers of the militia shall take the most speedy and effectual measures to draft any such delinquent divisions which do not furnish a man on or before the first day of April next, according to the method prescribed | Officers of Virginia line, and of the two
state regiments, and of artillery, in continental service, empowered to re-enlist their men.
Bounty. Executive authorised to send assistance to sister state of North Carolina. Militia and state troops to be sent. Drafts under former laws, to be completed. |
| by the last recited act; and the governour, with the advice of the council, shall take proper measures to have the men so drafted, collected, and sent on to join the continental army. | ||
| CHAP. LI. | ||
| ||
| THAT the state may incur no greater expense than the exigencies of affairs requires, and that the publick revenue may be aided by every means which prudence and œconomy dictate, Be it enacted by the General Assembly, That the body of cavalry directed to be raised under the act of the last session of assembly, entitled "An act concerning officers, soldiers, sailors, and marines," shall be reduced to three troops, to be fully completed and retained in the service of this state, under the regulations and conditions expressed in the said recited act. That the regiments of infantry directed to be raised under the act of the last session of assembly, entitled "An act for raising a body of troops for the defence of the commonwealth," be reduced That the men recruited under the said act for the defence of the eastern limits of this state, be drafted into, and incorporated with, the garrison and artillery regiments of this state. The garrison regiment to be first completed, and the surplus of recruits applied to the completion of the artillery regiment, and to be commanded by the officers of the said garrison and artillery corps. | New organization of state troops. Cavalry. Infantry. Garrison and artillery regiment. | |
| Be it farther enacted, That one regiment only shall be raised for the defence of the western limits of this state. The said regiment to be completed and in aid thereof, the corps of infantry under the command of colonel Slaughter, to be attached to, and considered as part of the said regiment. All privates recruited under the last recited act for the defence of the western | Regiment for defence of western frontiers. |
| limits of this state, shall be incorporated into the said regiment, and shall be commanded by officers to be commissioned by the governour, with the advice of his council. | |
| Be it farther enacted, That the lieutenants of the several counties within this state be, and they are hereby directed and reoired [required] to expedit the enlistments to be made agreeable to the said last recited act, and to continue the same until the first day of February in the same year. Thereafter the said county lieutenants are required to discontinue all farther enlistments under this said recited act, when they shall report to the executive the number of men enlisted in their respective counties, and send them under a militia officer to such place of rendezvous as the governour and council shall direct. | Enlistments, by county lieutenants, how long to continue. |
| Be it farther enacted, That all collectors, or others possessed of money furnished by or collected from any division or divisions for the purpose of the said recited act, shall render accounts thereof to the commissioners of tax in their respective counties, on or before the first day of March, one thousand seven hundred and eighty. And the said commissioners are hereby directed and required to report the same to the auditors of publick accounts, who shall be empowered on the twentieth day of the March general court to move for judgments against any person failing to account with and pay to the treasurer the balance of such money remaining in his hands. | Money received for enlisting men, how
accounted for. Summary remedy. |
| Be it enacted, That the officers commissioned under the said last recited act shall be disbanded, the men to be continued in service agreeable to the tenor, and according to the period of their respective enlistments, and no longer. |
| CHAP. LII. An act to regulate the Navy of this commonwealth. | |
| WHEREAS from the present state of our navy it is found expedient to reduce the number of vessels now in the service of this commonwealth, and to apply the money arising from the sale of such as are useless in aid of the publick revenue, Be it enacted by the General Assembly, That the executive be empowered, and they are hereby directed to order the sale of the ships Tartar and Dragon, the gallies Henry, Manly, Hero, Page, Lewis and Safe-Guard, by publick vendue, for ready money. | New organization of the navy. Certain specified vessels to be sold. |
| Provided nevertheless, That the executive shall have power to retain for the state, such of the said vessels only as can consistently with the publick interest be employed in the commercial concerns of this commonwealth. | Proviso. |
| Be it farther enacted, That the ship Thetis, the brig Jefferson, the Accomack and Diligence gallies, the Liberty and Patriot boats, be retained in the navy of this state, and that the executive take order that they be equiped and manned with all diligence, as vessels of war. The executive are hereby empowered to retain such of the guns and other materials belonging to the vessels by this act directed to be sold, as they shall judge useful, and for the advantage of the commonwealth. | Certain specified vessels to be retained. |
| Be it enacted, That the Gloucester be retained in the service of this state as a prison ship; that the Tempest be retained until the Thetis be ready for the sea; and then the executive are empowered and directed to sell or employ the said ship as a merchantman, [if] they shall think it expedient and for the publick interest. | Prison ship. |
| Be it enacted, That a boat of the like construction of the boats Liberty and Patriot he procured and employed in the service of this state, as a lookout boat, and that the executive take order herein. | Boats. |
| CHAP. LIII. | |||
|
[Chan. Rev. p. 120.] | ||
| I. WHEREAS it is represented to the general assembly, that divers persons within this commonwealth are in possession of arms, cattle, horses, or other property belonging to this state, or the United States, and it is expedient that such persons should be compelled to deliver such articles to some officer of the line, or of the staff in the service of this state, or of the United States, Be it therefore enacted, That where any person shall be found not legally possessed of any bullock or other cattle, or any horse or horses, or arms belonging to this state, or to the United States, any officer of the line, or of the staff in the service of this state, or of the United States, shall be entitled to commence his action or petition in his own name against the delinquent for the recovery thereof, with full costs of suit, to the use of the United States, or of the commonwealth, as the case may be. The county courts are hereby empowered and required to proceed to the trial of any suit or petition commenced as aforesaid, in preference to all private suits, and to award execution for restitution of the effects and costs of suit, and shall transmit to the governour and council, copies of their proceedings in such suits, that the plaintiff may be amenable to their order as to the disposition of any property so recovered. | Articles belonging to this state, or United States, how recovered from those who have the unlawful possession. |
| Pages 177-198
| Pages 221-241
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