Pages 241-262 
|  Pages 279-299
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| Pages 241-262
| Pages 279-299
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| CHAP. XIII. An act the more effectually to prevent and punish desertion. | |
| WHEREAS many of the soldiers in the immediate service of this commonwealth, and in the battalions belonging to this state in the continental army, have deserted therefrom, to the dishonour and great injury thereof; and as the laws already made are found to be insufficient to deter from desertion, or for the effectual apprehending, securing, and sending deserters to their several companies, from whence they have or shall desert: Therefore Be it enacted by the General Assembly of this commonwealth, That the commanding officer of every militia company within this state be, and they are hereby directed and empowered to apprehend, all deserters from the continental army, or from the troops in the service of this state that may reside or come within their respective districts, and to command the assistance of the militia, if necessary, for that purpose, and deliver him or them so apprehended, if from the continental line, to some continental officer, or if from the state troops to some officer in the said service within the county, and in either case where there shall be no officer or post within fifty miles of the place where such deserter shall be apprehended, the deserter shall be committed to the jail of the county, there to remain until he shall be removed by some continental officer, or by order of the executive power of the state; and the jailer is hereby directed to advertise such deserter four times in the Virginia gazette; that the person conveying and delivering such deserter over and above a reward of sixty pounds for apprehending, shall be paid by the treasurer of this commonwealth, on certificate from the proper officer, or jailer, after the rate of one dollar per mile for his trouble and expense; and the jailer shall be paid his legal fees out of the publick treasury. | Deserters, how apprehended and dealt with. |
| And be it farther enacted, That if any commanding officer of a company of militia within this state, shall neglect to perform the duty by this act enjoined, he or they for every such neglect, shall severally forfeit | Penalty for failing to apprehend deserter. |
| and pay the sum of five hundred pounds, one moiety thereof to be for the use of him or them who shall prosecute for the same to final judgment, and the other moiety to be applied towards lessening the county levy, to be recovered by bill, plaint, or information in the court of the county where the said neglect may happen, and the attorney for this commonwealth, and all others acting, or who may act on behalf of this state in the several counties within the same, are hereby directed to assist in the prosecution of all offences committed against this act. | |
| And be it farther enacted, That the commander of every ship or other vessel that shall hereafter sail from any port or harbour of this state, who shall ship or convey away on board his vessel, any deserter or deserters from the continental army, or from the forces raised for the defence of this state, on being convicted thereof, shall pay for every deserter so shipped and conveyed away, a fine of five hundred pounds, to be recovered as aforesaid, and inure one moiety to the state, and the other moiety to the informer; and all wages or parts of wages and other emoluments that might accrue to such deserter, shall be paid by the captain of such vessel, or the merchant or factor employing such deserter or deserters, into the state treasury. And every commander of any vessel within this state, shall before he sails upon his voyage, make out upon oath, and deliver to the naval officer for the port he shall last sail from within this state, upon his voyage aforesaid, a descriptive list of all his officers, marines, and mariners, belonging to his said vessel for the said voyage, together with the wages and other emoluments they are respectively entitled to, upon pain of forfeiting the sum of five hundred pounds, to be recovered and inure in the manner last mentioned. And the naval officer is hereby directed and enjoined, to transmit the said list immediately to the commissioner of the war office for this state, who is to take the same into consideration as soon as may be, and return such list to the naval officer, certifying the deserters (if any there are) contained therein. And the several naval officers are directed to make out attested copies of such lists so returned, for any person requesting the same, for which he shall receive three pounds; and if the agent of any officers, marines, or mariners belonging to any | Duty and liability of commanders of vessels, in relation to
deserters. Duty of naval offices. |
| ship or vessel as aforesaid, shall at any time hereafter, pay, deliver, or distribute any share or shares, or parts of a share of any prize which shall hereafter be taken by any such vessel (the commander of which is required by this act to make out such list) to any officer, marine, or mariner, who shall be certified by the commissioner of he war off ice as aforesaid to be a deserter, such agent shall be accountable to the treasurer of this state for the time being, for the share, or shares, or parts of a share, or wages, or parts of wages, and other emoluments so paid, delivered or distributed, and shall also forfeit the sum of five hundred pounds, to be recovered and applied as last mentioned. And the several commanding officers of the respective continental and state regiments, are hereby required to send descriptive lists of the deserters from their several regiments, to the commissioner of the war office of this state, for the purpose of detecting such deserters. | Lists of deserters to be transmitted to war office.
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| And whereas many deserters from the aforesaid regiments may be sensible of their folly and wickedness, in violating their faith and oaths, in dishonourably abandoning the cause of their country by desertion, and would gladly be restored to the favour of their fellow citizens, by a speedy return to their several companies and regiments during the war, or a certain time over and above their several engagements, were it not for the apprehension of an ignominious punishment; therefore to quiet the minds of such, and to prevent all appearance of excuse to any who shall dare to reject the pardon and indemnification in this act hereafter offered; | |
| Be it farther enacted by the authority aforesaid, That the governour of this commonwealth be, and he is hereby desired to write to his excellency the commander in chief of the American army, immediately enclosing a copy of this act, an din the name of the general assembly of this state, requesting him to proclaim pardon to all deserters from the Virginia line of the continental army, who shall within two months after the publication of this act return to their several companies, if on land, and if at sea, within two months after their return, and serve during the war, if so engaged, and if otherwise, shall serve two years over and above the time for which he or they engaged; and the like pardon is hereby offered to all deserters from the | Pardon proclaimed to deserters, who return to their duty. |
| forces raised for the immediate defence of this state, who shall return to their duty within the time allowed to deserters from the continental army, and continue in the service in like manner. And in case the commander in chief shall offer a pardon as aforesaid, such deserters as shall take the benefit of the same, and all such others as shall take the benefit of the pardon herein offered, shall be entitled to receive all the bounties, gratuities, and allowances offered or granted, or that are or may be due to the soldiers in the continental or state regiments, for the time that he or they may have served, as though he or they had never deserted. And all who shall neglect to avail themselves of the benefits thereof, including such as may hereafter desert from either army, shall, and may be apprehended by virtue of this act, any time hereafter, within the term of ten years; and if apprehended after the expiration of the present war, and before the expiration of the said ten years, shall be committed on board some vessel of war in the service of this state, or into some fort, garrison, or mines belonging to the same; there to serve the term of five years, | Punishment of those who neglect the offered pardon. |
| And be it farther enacted, That any person who shall employ for more than forty eight hours, or who shall conceal or secrete any deserter from the continental army, or the forces of this state, shall forfeit and pay the sum of five hundred pounds, to be recovered and applied as last mentioned: Provided, That any person prosecuted for employing, concealing, or secreting such deserters, shall be deemed and taken to have known him to have been such deserter, unless he shall give in evidence upon the trial, a certificate of some justice of the peace within this state, or of some field officer of the militia thereof, bearing date previous to the time of such employing, concealing, or secreting, certifying that such justice or field officer hath good reason to believe that the person so employed, secreted, or concealed, (mentioning his name and describing his person) is not a deserter. | Penalty for employing or concealing deserters. |
| And to the end that no person shall be subjected to pay the penalties in this act, provided before the same shall be sufficiently promulgated, Be it enacted, That this act shall not be of any force or effect until forty days after the end of the present session of assembly; that a copy of this act be sent to each of the commanding | Commencement of this act. |
| officers of the several regiments in the continental line from this state, and of the several regiments which are or may be raised for the immediate defence of this state, who are hereby directed without delay, to cause the same to be published in their respective regiments. | |
| And whereas congress hath recommended it to the respective legislatures, to provide for the apprehending and securing deserters from the army or navy of our allies; Be it enacted, That the commanding officer of every militia company, within this state, shall pursue the same steps for apprehending deserters from the army or navy of our allies, as are prescribed for apprehending deserters from the continental army; and all such deserters so apprehended, shall be committed to the common jail of the county wherein he or they shall be apprehended, and the jailer shall thereupon advertise such deserter or deserters four weeks in the Virginia gazette, to the end that the French consul residing in this state, may have proper notice thereof, and take such measures therein, as he shall see fit; and the same reward and fee shall be paid for such apprehending and securing as are allowed in the case of deserters from the continental or state forces. | Deserters from the armies of our allies, how apprehended. |
| And be it farther enacted, That so much of all former laws as respectes deserters, shall be, and the same is hereby repealed, except so much of an act entitled "An act for recruiting the quota of this state in the continental army," as relates to deserters. |
| CHAP. XIV. | ||
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| WHEREAS by the act "For the punishment of certain offences," penalties are annexed to particular cases of guilt, which, though inferiour in malignity to treason, are yet injurious to the independence of America; but the following among other doubts having arisen, upon the construction thereof, what court can of right claim jurisdiction of such crimes, and by what mode of prosecution offenders are to be brought to trial; Be it enacted by the General Assembly, That so much of the said act as comes within the purview of this, from and after the first day of August, in the year of our Lord one thousand seven hundred and eighty, shall stand repealed; but nothing contained in this act concerning the repeal of the aforesaid act, shall give any manner of benefit or advantage to any person or persons, who shall have committed any of the crimes described in the said act before the said first day of August, in the year aforesaid, and shall be tried for the same, before the first day of January, in the year of our Lord one thousand seven hundred and eighty one; but they, and every of them shall, being legally convicted thereof, according to the directions of that act, suffer such fine and imprisonment as they and every of them would have suffered, had this act never been made. From and after the aforesaid first day of August, in the year of our Lord one thousand seven hundred and eighty, he or she shall be adjudged guilty of a misdemeanor, and shall be punished with fine and imprisonment, who by writing, or by printing, or by open preaching, or by express words, shall maliciously, advisedly, and directly maintain or affirm, that the United States of America, or any or either of them ought to be dependant on the crown of Great Britain, or on the British parliament; or who shall maliciously, | Preamble. See vol. 9, p. 170. Punishment of those asserting that the United States ought to be dependent on the crown or parliament of Great Britain. |
| advisedly, and directly acknowledge the king of Great Britain to be the lawful sovereign of the United States of America, or any or either of them; or who shall maliciously, advisedly, and directly acknowledge him, or herself, to be a subject of the king of Great Britain, any jurisdiction or power within this commonwealth; or who shall by any ways or means put in practice, to withdraw any person within this commonwealth, from his or her allegiance to the same, or any or either of the United States, or to move such person to promise any obedience or allegiance to the king or parliament of Great Britain; or who shall by any means be willingly withdrawn as aforesaid, or shall promise any obedience or allegiance to the king or parliament of Great Britain, as is aforesaid; or who shall endeavour to dissuade or discourage any person, not being his or her father, sone, son-in-law, grand-son, brother, or husband, from enlisting into the service of this commonwealth, either among the troops raised or to be raised for the internal defence thereof, or as its quota of the continental army, or who shall maliciously and directly endeavour to dissuade or discourage any man belonging to the militia, from entering into service, when called upon by due authority; or who shall maliciously and directly advise any person to submit to the British enemy, in case of invasion, and not to attempt to withdraw him or herself from their power; or who shall maliciously and directly advise any person to entertain any one or more of the British enemy, unless in captivity; or who shall maliciously, advisedly and directly by writing, printing, or open speaking, wish health, prosperity, or success to the king of Great Britain; every counsellor, aider, abetter, or procurer of any offender against this act, shall be adjudged a principal, and suffer as in case of a principal. The general court or any county court shall have jurisdiction of any of the above-mentioned offences, although the same hath not been committed within the limits of such county; provided the offender shall have fled, or the county in which the same was committed shall be invaded; which offence may be prosecuted, either by indictment or information, in the name of the commonwealth. The petit jury shall assess the quantum of | Or, acknowledge their sovereignty, or himself a subject.
Or, shall discourage enlistments, or the military service; or advise to submit to the enemy. Or, who shall wish health, or success to the king. Jurisdiction of offence. |
| the fine, and duration of the imprisonment; the former of which shall not exceed one hundred thousand pounds weight of crop tobacco, nor the latter five years. this act shall be given in charge to every grand jury as often as the same shall be impanneled in the general court, or county court. If upon the acquittal of any person charged with any of the above-mentioned offences, the court before which he was tried shall be of opinion that there was probable cause for the accusation, they shall require surety for his good behaviour, in a reasonable penalty, and for a reasonable term; and in case of a refusal to give the same, he shall be committed to close jail, thereto remain until such security shall be given. The clerk of the general or county court before whom any person shall be convicted of any of the above offences, shall cause the judgment of the court to be published for three weeks successively in the Virginia gazette. No person shall be prosecuted by virtue of this act for any words spoken, unless the information of such words be given to some justice of the peace within thirty days after such words spoken; and the prosecution of such offence be within six months after such information. Any justice of the peace may bind over any person charged with any of the above-mentioned offences to his next county court, or commit him to close jail in case of refusal to give security for his appearance. An information shall therefore be filed as aforesaid; and the county court may, if they see cause, compel the offender to enter into a recognizance, with sufficient security to answer the judgment of the court. This act shall continue in force during the war. | Charge to grand jury. When security may be required. Sentence to be published. Limitation of prosecution. Power of justices. |
| CHAP. XV. | ||
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| WHEREAS the tax imposed by the act of the last session of assembly, entitled "An act for raising a supply of money for the service of the United States," upon the venders of goods, hath been found to be unjust, so far as it is retrospective or subjects them to a tax of two and a half per centum; Be it therefore enacted by the General Assembly, That so much of the said act as respects goods or merchandizes, sold by any vender, previous to the first day of January last; and also so much thereof as subjects such goods and merchandizes to a tax of two and a half per centum, shall be, and the same is hereby repealed; but the said act shall have full operation as to be subjecting all gods and merchandize to a tax of two per centum, sold by any such vender since the first day of January last. Provided, That any retail vender who may have paid such tax for goods sold before the said first day of January, shall have returned to him the money so paid. And be it farther enacted, That so much of an act passed in the year one thousand seven hundred and seventy nine, entitled "An act providing a farther supply for the exigences of government," as enacts that any person may pay to the treasurer of this commonwealth for the time being, any sum or sums of money, not less than two hundred pounds, in advance for taxes not yet due, and which may hereafter accrue, be, and the same is hereby repealed. And be it farther enacted, That the treasurer of this commonwealth for the time being (having first taken an oath before some justice of the peace, to do impartial justice therein, according to the best of his judgment, and obtained a certificate thereof) be, and his is hereby constituted and appointed the judge of all such counterfeit paper money as shall be tendered or offered in payment at the publick treasury; and he is hereby empowered and directed to deface each and every paper money bill so | Act subjecting retailers of goods to a tax repealed in part.
Act authorising payment of taxes, in advance, repealed. Treasurer constituted judge of counterfeit paper money. His power to deface counterfeit bills. |
| tendered or offered in payment, which, in his judgment shall have been counterfeited, erased, or altered, by cutting a piece out of such bill from as near the middle thereof as may be, of two inches in length and one in breadth at the least, where the owner or tendering of the same shall not object to it; and in case of such objection, he shall call to his assistance two of the auditors of publick accounts, who, having first taken the like oath, shall, together with the treasurer, determine by a majority of voices whether any such suspected bill hath been counterfeited, erased, or altered, or be genuine, according to which determination such bill shall, or shall not be defaced as aforesaid. Provided nevertheless, That this act shall not take place until the end of this present session of assembly. | When he may call to his assistance two of the auditors. | |
 CHAP. XVI. | ||
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| WHEREAS the mode heretofore adopted for paying inspectors hath been found improper, and the allowances very inadequate to their trouble; Be it enacted, That instead of the allowance heretofore made by law to the inspectors for inspecting tobacco, they shall be allowed and paid the following salaries, to commence from the tenth day of October next, that is to say: To each of the inspectors at Guilford's and Pungoteague, under one inspection, fifteen hundred pounds of tobacco; at Roy's, three thousand; at Kennon's, one thousand eight hundred; at Bolling's Point, four thousand two hundred; at Bollingbrook, four thousand two hundred; at Cedar Point, four thousand two hundred; at Hobb's Hole, one thousand eight hundred; at Bowlers, two thousand; at Layton's, two thousand four hundred; at Colchester, two thousand four hundred; at Alexandria, two thousand four hundred; at the falls | Salaries of inspectors of tobacco, rated in tobacco. |
| of Potowmack, one thousand eight hundred; at Poropotanck, one thousand eight hundred; at Deacon's Neck, one thousand eight hundred; at Crutchfield's, three thousand; at Page's, three thousand; at Warwick, one thousand five hundred; at Cary's, three thousand; at Rocky Ridge, four thousand two hundred; at Osborne's, four thousand two hundred; at John Bolling's, three thousand; at Byrd's, four thousand two hundred; at Shockoe's, four thousand two hundred; at Smithfield, one thousand five hundred; at Shepherd's, one thousand eight hundred; at Mantapike, and Frazier's, under one inspection, one thousand eight hundred; at Todd's and Aylett's, under one inspection, two thousand four hundred; at Boyd's Hole, one thousand eight hundred; at Falmouth, three thousand; at Dixon's, three thousand; at Gibson's, one thousand eight hundred; at Davis's, one thousand eight hundred, at North Wicomico and South Wicomico, under one inspection, one thousand five hundred; at Indian creek, one thousand eight hundred; at Deep creek, one thousand eight hundred; at Urbanna, , one thousand eight hundred; at Milner's one thousand five hundred; at South Quay, two thousand four hundred; at Cherrystone's and Hunger's, under one inspection, one thousand eight hundred; at Littlepage's, one thousand eight hundred; at the Brick-House, one thousand eight hundred; at Coan's, two thousand; at Boyd's, four thousand two hundred; at Davis's, four thousand two hundred; at Blandford, four thousand two hundred; at Quantico, four thousand two hundred; at Dumfries, four thousand two hundred; at Cat Point, one thousand five hundred; at Totuskey, two thousand; at Cabin Point, two thousand; at Gray's creek, one thousand five hundred; at Aquia, two thousand four hundred; at Fredericksburg, three thousand six hundred; at Royston's, three thousand six hundred; at Denbeigh, one thousand two hundred; at Nomony, one thousand eight hundred; at Leeds and Mattox, under one inspection, one thousand eight hundred; at Yocomico and Rust's, under one inspection, two thousand four hundred; at the Capital and College landings, under one inspection, one thousand eight hundred; at Roe's, one thousand five hundred. Provided always, That every person appointed, or to be appointed an inspector shall, before he shall be entitled to the above-mentioned salary, enter |
| into bond with good security, in the penalty of ten thousand pounds, payable to the governour for the time being, and his successours, to the use of the commonwealth, with condition for the true and faithful performance of his duty according to law. And if any person shall presume to execute the office to an inspector of tobacco, after the said tenth day of October next, without having previously given such bond, and taken the oath prescribed by law, he shall forfeit and pay five thousand pounds; one moiety thereof to the use of the commonwealth, and the other moiety to the use of any person who will sue for the same; to be recovered with costs, by action of debt or information, in any court of record. | Inspectors to give bond. Penalty for acting without. |
| And be it farther enacted, That there shall be paid to the inspectors at each of the said warehouses, twenty two pounds of tobacco for every hogshead of tobacco by them inspected, to be paid by the owner at the time of receiving and inspecting the same. That the inspectors at each warehouse shall, in lieu of the allowance now by law given for storage, pay to the proprietor thereof four pounds of tobacco for each hogshead so received and inspected; and for all tobacco lying more than twelve months, at the rate of six pounds of tobacco a year for each hogshead, to be paid by the shipper. There shall be paid the inspectors for every hogshead which shall be reprized, for reprizing and finding nails, fifteen pounds of tobacco, to be paid by the proprietor; for every hogshead prized up and exchanged for transfer notes, and finding nails, fifteen pounds of tobacco to their own use; and the shipper of every such hogshead of tobacco shall pay to the inspectors at the time of shipping the same, four pounds of tobacco for storage, to the use of the proprietor of the warehouse from whence such tobacco shall be shipped. The grant jury at the session of the general court in the month of October in every year, shall estimate the current price of transfer tobacco, at which rate the tobacco herein before respectively mentioned shall be paid in money: And the clerk of the general court shall immediately after each estimate made, transmit a copy thereof to the several inspectors within this state for their direction. All tobacco found on board any vessel in casks, bulk, or parcels, for which no manifest is given (except where | Inspection fees. Storage. Re-prizing. Grand jury to fix the value of tobacco salaries and fees, in money. Tobacco on board vessels, in bulk or parcels forfeited. |
| it may be carried from one plantation to another, or water borne to be inspected) or where any tobacco pressed or packed to be shipped off without being inspected, in either case all such tobacco shall be forfeited, and may be seized by any person whatsoever. And the master or skipper, if a white man, offending herein, shall moreover forfeit three times the value of such tobacco, to be recovered with costs, by action of debt or information, in any court of record, by any person who will sue for the same; and if the skipper is a slave, he shall receive thirty nine lashes, and his master be liable to the above-mentioned penalty. If any inspectors shall give a receipt for tobacco not actually received, or shall purchase, either directly or indirectly, any tobacco, every such inspector shall, in either case, forfeit three times the value of such tobacco to any person who will sue for the same, to be recovered as aforesaid, and moreover be deemed incapable of holding his office. If any inspector shall neglect to attend at his warehouse, not having a reasonable excuse, he shall forfeit and pay fifty pounds of tobacco for every day he shall fail to attend, to any person who will sue for the same, to be recovered by warrant before any justice of the peace in the county where such inspector resides, and moreover be liable to the action of the party injured. If any warehouse be burnt by the common enemy, the loss sustained thereby shall not be made good by the publick. If any inspectors shall neglect to pay the proprietors of warehouses the rents of the same at the time required by law, it shall be lawful for any court of record, upon motion to give judgment against such inspectors for the penalty of their bond, and award execution thereupon, provided they have ten days previous notice of such motion; but such judgment may be discharged by accounting for and paying what shall be really due, within one month. And be it farther enacted, That the county court of Elizabeth City shall recommend, once in every year, to the governour or chief magistrate for the time being, two proper persons for the purpose of inspecting, reinspecting, or repacking of tobacco in the said county, which tobacco shall be at the risk of the proprietor or proprietors thereof; and the inspectors shall be entitled to receive for their trouble, six pounds for each hogshead, from the person employing them. And be | Exceptions. Penalty. Inspectors giving receipts for tobacco not passed, or dealing in tobacco, penalty for. Penalty on inspectors failing to attend warehouses. If warehouse burnt, by enemy, publick not liable. Remedy, by proprietors, agains tinspectors for rents. County of Elizabeth City to recommend two inspectors annually. |
| it farther enacted, That no two principal inspectors belonging to the same warehouse shall be obliged to perform militia duty out of their county at the same time; but when any two such inspectors shall happen to be in a division or divisions called out at the same time, they shall cast lots which of the two shall perform a tour of duty; and every inspector excused from service on such casting of lots, shall perform his tour of duty when the division to which he may belong shall be next called into service. So much of every act and acts as comes within the purview of this act, is hereby repealed. | No two inspectors at same warehouses, to
perform militia duty at same time. The one to perform, to be decided by lot. | |
| And be it farther enacted, That so much of the act entitled "An act for reviving several publick warehouses for the inspection of tobacco, and for other purposes," and of two other acts passed in May and October, one thousand seven hundred and seventy nine, as is not repealed by this act, shall continue and be in force, from and after the expiration thereof, together with this act, until the last day of September, one thousand seven hundred and eighty one, and from thence to the end of the next session of assembly. Provided always, That nothing in this or the said acts contained, shall be construed to affect the estate or right of the proprietor in the land whereon the warehouses in the town of Alexandria stand, after the term of eighteen months from the passing of this act. | Continuance of act. Proviso as to warehouse in Alexandria. | |
| CHAP. XVII. | ||
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| WHEREAS the separation of the judiciary from the legislative power is esteemed in the Declaration of Rights as one of those leading canons which ought to be the plantation of government; and the constitution of the commonwealth hath, in conformity to this principle, forbidden that the one shall at any time encroach | Preamble. |
| upon the other; but from the circumstances of the times it has heretofore become, and is now again necessary to vary the stipends annexed to the judiciary department, Be it enacted by the General Assembly, That the salaries given by any act of assembly now in force to the judges of the high court of chancery, of the general court, and of the court of admiralty, shall cease on the first day of May, in the present year of our Lord one thousand seven hundred and eighty; and that from and after that day, there shall be paid in this and every other year, to each of the said judges, out of the publick treasury, upon a warrant from the auditors of publick accounts, the following sums of money, by the following installments, the first day of June for this year being excepted, to wit: On the first day of September, so much money as shall be equal in value to five thousand pounds weight of merchantable crop tobacco; on the first day of December, the like sum; on the first day of March, the like sum; and on the first day of June, the like sum. And whereas the value of such tobacco can be best ascertained by a jury; but such jury ought to be free from the controul of any of the supreme courts; Be it therefore enacted, That the justices of the county of Henrico shall at their sessions in the months of September, December, March, and June, in every year (the session in the month of June in the present year excepted) cause a jury to be summoned, consisting of freeholders in some part of the commonwealth, but who are inhabitants of the said county, who shall enquire into and assess upon oath the value of tobacco in current money, at the time of their inquest; which assessment shall regulate the auditors in granting their warrant to the said judges. If no court should be held, or being held no jury impannelled according to the directions of this act, at the days herein before specified, a jury may be summoned and sworn as is above directed, at any session ensuing those days, and the assessment then made shall be the rule for the auditors as aforesaid. | Salaries of judges of High Court of Chancery, General Court, and Admiralty, rated in tobacco. A jury to estimate value of the tobacco in money. |
| CHAP. XVII. | ||
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| WHEREAS from the circumstances of the times it has heretofore become, and is now again necessary to vary the stipends of the officers in the civil department of government, and it is expedient to put them on a more permanent footing, Be it therefore enacted by the General Assembly, That from and after the passing of this act, the several officers herein after mentioned shall be entitled to, and receive the following allowances, in lieu of their former salaries, to be paid out of the publick treasury, in quarterly payments, on warrants from the auditors of publick accounts: To the governour or chief magistrate, sixty thousand pounds of tobacco per annum: To the members of the privy council, one hundred and twenty thousand pounds of tobacco per annum, to be divided amongst them according to their attendance, on the duties of their office: To the treasurer forty thousand pounds of tobacco per annum: To the attorney general, twenty thousand pounds of tobacco per annum: To each of the auditors of publick accounts, thirty thousand pounds of tobacco per annum: To the commercial agent, thirty thousand pounds of tobacco per annum: To the commissioner of the navy, thirty thousand pounds of tobacco per annum: To the commissioner of the war office, thirty thousand pounds of tobacco per annum: And to the two clerks of the privy council, to the three clerks of the treasury, to the two clerks to the board of auditors, the commercial agent's clerk, to the clerk of the commissioner of the navy, and to the clerk of the commissioner of the war office, each, ten thousand pounds of tobacco per annum; the value of which shall be fixed and ascertained by the grand jury attending the general court, at the several terms of March, June, October, and December, annually; each quarterly payment to be discharged in money according to the said jury's valuation of tobacco, at the preceding term; and so much thereof as shall become due before the general | Salaries of governor, members of council,
treasurer, attorney general auditors, commercial agent, commissioner of the navy, commissioner of
war office, & clerks payable in tobacco. Value of the tobacco in money, estimated by grand jury. |
| court in October next, shall be discharged agreeable to the valuation of tobacco by the grand jury at the last term in June. | |
| And be it farther enacted, That the several officers above described, except the commercial agent, the commissioner of the navy, and the commissioner of the war office and their several clerks, shall receive from the first day of May last, instead of the salaries heretofore allowed, the same quantities of tobacco as by this act is in future allowed them, to be paid in money according to the valuation of tobacco made by the grand jury at the last general court. |
| Pages 241-262
| Pages 279-299
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