Pages 344-366 
|  Pages 391-405
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| Pages 344-366
| Pages 391-405
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| CHAP. XX. | ||
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| WHEREAS it is represented to this general assembly, that the inhabitants of the county of Greenbrier labour under very great inconveniences for want of a waggon road from their courthouse through the mountains to some place on the eastern waters, from whence there is a waggon road to the town of Richmond, that such a road would not only be very beneficial and convenient to the said inhabitants, but of great publick utility, and that they are willing to pay the expense of viewing and clearing the same; Be it therefore enacted by the General Assembly, That the justices of the said county of Greenbrier, or a majority of them, shall have full power to appoint three or more proper persons, who being first sworn to view and mark a way for a waggon road from Greenbrier courthouse to the Warm Springs, or to the waggon road at the mouth of the Cow Pasture river, which ever the said commissioners shall think the nearest and best way, a report of which being returned to and approved of by the said court of Greenbrier, they, or a majority of them are empowered to employ a person or persons to clear and open the same agreeable to the said report, upon the best terms they can, the expense of which shall be delivered to the commissioners of the tax for the county for the next year, who shall proportion the same amongst the owners of property in the said county, according to the value of their respective estates, agreeable to the assessment made in October 1780, which shall be collected by the sheriff in the same manner as the last payment of the tax for the same year. Provided always, That the said inhabitants shall have the alternative of paying the said tax in money or clean merchantable hemp, to be delivered at the courthouse of the said county of Greenbrier, to whatever person the sheriff or collector may appoint to receive it, according to the price of hemp at Richmond, allowing a deduction for carriage. | Court of Greenbrier county authorised to have a waggon road opened from their court house to the eastern waters. |
| And provided also, that no distress for the said tax shall be made before the first day of March one thousand seven hundred and eighty two. | |||
| And be it farther enacted, That the aforesaid county court of Greenbrier shall have full power to levy such sum or sums of money, from time to time, as will be necessary to keep the said road in repair, the expense of which to be levied and collected as abovementioned. | |||
 CHAP. XXI. | |||
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[Chap. Rev. p. 134.] See ante p. 164. | ||
| I. WHEREAS the penalties imposed by an act of assembly entitled "An act to amend an act entitled an act concerning highways, mill dams, and bridges," have been found insufficient to compel the due execution thereof, Be it therefore enacted, That instead of the penalty inflicted by the said act upon every surveyor of a road for neglect of duty, he shall forfeit and pay two hundred and fifty pounds of tobacco; and that for every male labouring servant or slave, the owner thereof, or overseer as the case may be, shall fail to send when required by a surveyor, he or she shall forfeit and pay fifty pounds of tobacco, and all other persons who are dy the said recited act compelled to labour on roads, failing to attend and labour when required dy [by] the surveyor, with such tools as he shall direct them to bring, shall also forfeit and pay fifty pounds of tobacco; which said penalties shall be to the informer, and recoverable before a justice of the peace of the county where such offence shall be committed. | Penalty in tobacco on overseer. On masters or overseers failing to send; and on others compelled to work on roads. | ||
| II. And be it enacted, That if any person shall fell any tree or trees into such highway, or cause the same to be felled, and not cut and carried away immediately, or shall kill any tree or trees within the distance of | Penalty for felling a tree into a road and not removing it, or killing trees |
| sixty feet from such highway, or cause the same to be killed and not felled, or shall make any fence into such highway, such person shall for every such offence forfeit and pay one hundred weight of tobacco, recoverable as aforesaid. And that if any person shall presume to cut, pull up, destroy, or deface, any stone or post or the inscriptions thereon, and be thereof convicted by confession, or the oath of one or more creditable witnesses before a justice of the peace of the county where such offence shall be committed, he or she shall forfeit and pay two hundred weight of tobacco, recoverable as aforesaid. | near the road; or making a fence across; or to cut, pull up, destroy or deface a direction stone or post. | |
| III. And be it farther enacted, That all overseers of highways, shall be personally exempted from working on any other highway beside the road he is appointed overseer of. And where any presentment shall be made by a grand jury against any surveyor, the penalty shall be applied towards lessening the county levy. So much of the said recited act as comes within the perview of this act, is hereby repealed. | Overseers exempt from working on other
roads. On presentments, the fines to the use of the county. | |
| CHAP. XXII. | ||
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| WHEREAS it hath been represented to this present general assembly, that the dividing line between the parishes of Amherst and Lexington, as established by an act of assembly entitled "An act for dividing the parishes of Camden and Amherst and for other purposes," is unequal and unjust, in as much as it gave to the parish of Lexington too large a proportion of tithables, Be it therefore enacted, That instead of the dividing line mentioned in the said act, the said parishes shall be divided by the following lines, to wit: Beginning on the Fluvanna river at the mouth of Elk Island creek, and with the said creek to Hilton's mill, | Boundaries of parishes of Amherst and Lexington, in county of Amherst altered. |
| from thence a direct line to Tye river at the mouth of Camp creek, thence up Tye river to the mouth of Piney river, thence up Piney river to the fork thereof above Lucas Powell's plantation, and thence up the north fork to the blue ridge. The collector of the parish of Lexington, shall have power to collect and distrain for any dues which shall remain unpaid by the inhabitants of that part of the said parish of Lexington hereby made part to the said parish of Amherst, and shall be answerable for the same in like manner as if this act had not been made. | |
| CHAP. XXIII. An act for ascertaining the center of the county of Stafford. | |
| WHEREAS it is represented to this present general assembly, that the court of the county of Stafford hath failed by the time limited for that purpose, to carry into execution an act passed in the year one thousand seven hundred and seventy nine, directing them to fix on a place at or as near the center thereof as the situation and convenience would admit, for building a court house and prison; Be it therefore enacted, That Francis Thornton of the county of Spotsylvania, Joseph Brock, John Herndon, John Taliaferro, and James Lewis, gentlemen, shall be and they are hereby appointed commissioners for the following purpose, that is to say: That they or a majority of them, shall on or before the fifth day of April next, ascertain the center of the said county of Stafford, and fix on a proper place as near thereto as convenience will admit, for building a court house and prison, and lay down the distance and bearing of such place from the present place of holding the said court, and return their proceedings to the court of the said county, and the said court shall make return thereof to the next general assembly; the | Commissioners to ascertain centre of county of Stafford, in order to fix the court house. |
| expense of ascertaining the center of the said county, shall be adjusted and levied by the said court at the laying of their next county levy. | |
| CHAP. XXIV. An act for restoring certain slaves to George Harmer. | |
| BE it enacted by the General Assembly, That so many of the slaves, conveyed by John Harmer, of Great Britain to George Harmer, now a citizen of this commonwealth, as were sold under the act of assembly entitled "An act concerning escheats and forfeitures from British subjects and for other purposes," and purchased by the publick, shall on the tenth day of January next be vested in and restored to the said George Harmer, except a negro named Ned, who shall from and after the passing of this act be vested in the said George Harmer. The executive shall cause the said slaves to be delivered to the said George Harmer, agreeable to the directions of this act. | Slaves sold as the escheated property of John Harmer, and purchased by the public, restored to George Harmer. |
| CHAP. XXV. An act for the manumission of certain Slaves. | ||
| WHEREAS application hath been made to this present general assembly, for the emancipation of Ned a negro man slave, the property of Henry Delony, of the county of Mecklenburg, and also Kate the property of Benjamin Bilberry; | Ned, & Cate, slaves of Henry Delony, & Benjamin Bilberry emancipated. | |
| Be it therefore enacted, That the said Ned and Kate shall and they are hereby declared to be free, and may enjoy all the rights, privileges, and immunities, that free negroes or mulattoes by the laws of this country do enjoy, saving to all other persons, their heirs, executors, and administrators (except the said Henry Delony and Benjamin Bilberry 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. | ||
| CHAP. XXVI. | ||
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| WHEREAS it hath been represented to this present general assembly, that James Connell, late of the town of Alexandria in the county of Fairfax, deceased, did in and by his last will and testament in writing, bearing date the seventeenth day of May, one thousand seven hundred and seventy seven, among other things give and devise his houses and tenements in the said town to John Sutton and his heirs, who then was, and continued for some time after the death of the testator, to be a subject of the king of Great Britain, but in the | Certain houses and tenements in Alexandria vested in John Sutton. |
| month of September last was resident in, and a citizen of this commonwealth, whither he hath come, in expectation of getting the said estate, from assurances given him by the said James Connell to that purpose, in the year one thousand seven hundred and seventy five, when he was in this state. And whereas the said houses and tenements are liable to be escheated and sold as British property, under the act of assembly entitled "An act concerning escheats and forfeitures from British subjects," and the said John Sutton hath petitioned this assembly to suspend the operation of the said act in this case, and that the said estate may be confirmed to him agreeable to the will of the said James Connell; Be it therefore enacted, That the said houses and tenements so devised by the will of the said James Connell, shall not be subject to escheat and forfeiture, and that the same shall be and are hereby declared vested in the said John Sutton and his heirs in fee simple, any law to the contrary thereof notwithstanding. Saving to all persons, their heirs, executors, or administrators (except those claiming under the will of the said James Connell) any right, title, or claim, they may have to the said houses and tenements, as if this act had not been made. | |
| CHAP. XXVII. An act for making good the future pay of the army, and for other purposes. |
[Chan. Rev. P. 135.] See Nov 1781, c. 19.; May 1782, c. 47; Oct 1782, c. 1.; Oct 1783, c. 4; |
| I. BE it enacted by the General Assembly, That the commander in chief and commanding officer in the southern department, be desired to cause the officers belonging to this state, to meet and agree upon the officers to command the regiments raised by this state for continental service, out of those who incline to continue n service, and in case they cannot agree among themselves about their rank, the same shall be determined | Continental officers of this state reduced. |
| and settled by the commander in chief; that from and after the passing of this act, the said officers shall supply themselves with clothing; and the better to enable them so to do, they shall be entitled to and receive the pay and rations as stated and allowed before the first day of January, one thousand seven hundred and seventy seven, in specie, or the value thereof in paper money, to be ascertained by the auditors, agreeable to the table of depreciation fixed by congress, or which shall be hereafter fixed by them, and the soldiers both in continental and state service, shall be also entitled to their pay in specie or the value thereof in paper money, to be settled and discharged in like manner as directed in the case of officers; that the publick store be henceforth discontinued, and the governour with advice of council, is hereby required and empowered to appoint a clothier general or some person to supply the Virginia troops with necessary clothes and blankets, the person so appointed, to give bonds and good security for the due and faithful discharge of his office, and the clothes so supplied and furnished the said troops, shall be paid for by stopping so much of their pay as may be necessary for that purpose. | Officers to supply themselves with clothing. Their pay & rations to be made equal to specie. Also the soldiers pay. Public stores discontinued, and clothier general appointed. |
| II. And be it farther enacted, That any officer of this state on continental establishment, who hath died or shall hereafter die in the service, and leave a widow, she shall receive annually for the space of seven years, half pay of such officer in specie or the value thereof in paper money, from the publick treasury, and in case there be no widow, or there being a widow, she dies or intermarries within the said term of seven years, the orphan children of such officer shall then be entitled to receive the said pay for the term aforesaid, or so much thereof as shall be unexpired at the death or intermarriage of such widow. | Half pay to widows and children of offices dying in service. |
| III. And be it enacted, That all allowances of half pay given by this state under any act or resolution of assembly to the widow of any officer wh hath died in the service, shall hereafter be paid agreeable to the table of depreciation aforesaid; that the officers of this state in continental service, who shall continue therein to the end of the present war, shall receive half pay during life, or until they shall again be called into service. | Paid by scale of depreciation. Officers to have half pay for life. |
| IV. And whereas no provision has been made in land for the general officers of this state in continental service, therefore, Be it enacted, that there shall be allowed to a major general fifteen thousand acres of land, and to a brigadier general ten thousand acres of land, to be reserved to them and their heirs, in the same manner and on the same conditions as is by law heretofore directed for the officers and soldiers of the Virginia line in continental service, and there shall be moreover allowed to all the officers of this state on continental or state establishment, or to the legal representatives of such officers, according to their respective ranks, an additional bounty in lands, in the proportion of one third of any former bounty heretofore granted them. | Land bounty to general officers. Bounty in lands encreased to other officers. |
| V. And be it farther enacted, That the legal representative of any officer on continental or state establishments, who may have died in the service before the bounty of lands granted by this or any former law, shall be entitled to demand and receive the same in like manner as the officer himself might have done when living, agreeable to his rank. And as a testimony of the high sense the general assembly of Virginia entertain of the important services rendered the United States by the honourable major general Baron Steuben, It is farther enacted, That fifteen thousand acres of land be granted to the said major general Baron Steuben, in like manner as is herein before granted to other major generals. | Legal representatives entitled to bounty. Land given to Baron Steuben. |
| CHAP. XXVIII. | ||
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WHEREAS the act of assembly passed in the year one thousand seven hundred and seventy eight, entitled "An act to empower the governour and council to lay an embargo for a limited time," which was continued by several subsequent acts, will expire at the end of this present session of assembly, and it is expedient that the same should be farther continued, BE it therefore enacted by the General Assembly, That the act entitled "An act to empower the governour and council to lay an embargo for a limited time," shall continue and be in force, from and after the expiration thereof, until the end of the next session of assembly, and no longer. |
Act authorising executive to lay embargoes, further continued. | |
| CHAP. XXIX. An act for the more effectual and speedy clothing of the army. | ||
| WHEREAS the liberty, safety, and future happiness of the good people in this commonwealth, in great measure depend upon the speedy and well clothing the army, Be it therefore enacted, That the tax of thirty pounds of tobacco per poll, payable by virtue of an act of assembly entitled "An act for establishing a fund to borrow money for the use of the United States, and for other purposes;" be, and the same is hereby set apart and appropriated to and for the sole purpose of procuring necessaries for the army, except so much thereof as shall be necessary to repay the money borrowed under authority of the said act, and the whole | Preamble. Funds vested in agent for clothing the army. |
| produce thereof, except as before excepted, shall be payable to the agent appointed by the governour with the advice of council, for the purpose of procuring such necessaries, and be at the absolute disposal of such agent for the purpose aforesaid, and in case the fund arising from the said tax shall prove insufficient for procuring the said necessaries, the governour with the advice aforesaid, is hereby empowered to issue, or cause to be issued, a sum of money sufficient for the purchase of fifteen hundred hogsheads of tobacco in aid of such fund, which money so issued shall be receivable in all taxes as other monies are. And if fifteen hundred hogsheads of tobacco shall prove deficient for the purpose of procuring such necessaries when placed in aid of the said tax, the general assembly will at their next session, make good such deficiency, and will fully and amply comply with such engagements, as the said agent shall enter into with the approbation of the governour with advice of council, for procuring the necessaries aforesaid, and moreover will provide funds for calling in and redeeming the money hereby directed to be emitted. And be it enacted, That any of the vessels belonging to this state at the discretion of the governour with the advice of council, shall and may be turned over and delivered to the said agent, to be by him employed in conveying, collecting, or transporting the necessaries aforesaid, or the commodities requisite to be exported, for procuring them notwithstanding any thing to the contrary contained in an act of this session, entitled "An act for the defence of the eastern frontier of this commonwealth." | Public vessels may be employed, in transportation of
clothing. |
| Provided always and be it farther enacted, That proper attention shall be paid to the defence of the commerce and the shores of Chesapeak bay and its dependencies, for which purpose there shall be constantly kept cruising, one armed vessel carrying at least fourteen guns, not less than four pounders, with a competent number of men, and a small armed tender for the said vessel. And for the purpose of procuring importations of salt, Be it enacted, That it shall and may be lawful to and for the said agent to export to the island of Bermudas, any quantity of Indian corn, not exceeding six thousand barrels, in payment for any quantity of salt that can or may be obtained for the same; and | Provided that one armed vessel and a tender
shall be employed on the Chesapeake. Corn may be imported in exchange for salt. |
| the said salt when obtained, shall be disposed of for publick purposes in the first place, and the remainder towards the people at large, in such manner as the executive may direct. | |||
| CHAP. XXX. | |||
|
[Chan. Rev. p. 136.] | ||
| I. WHEREAS so much of the act of assembly passed in the year one thousand seven hundred and seventy nine, entitled "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, venire-men, and witnesses, in certain cases," as respects the punishment of persons guilty of certain thefts and forgeries, will expire on the first day of January next, and it is expedient that the same should be farther continued: Be it therefore enacted by the General Assembly, That so much of the act entitled "An act for punishing persons guilty of certain thefts and forgeries, and fixing the allowance to sheriffs, venire-men, and witnesses, in certain cases," as respects the punishment of persons guilty of certain thefts and forgeries, shall be and is hereby continued and made perpetual. | So much of act of May 1779, as respects the punishment of persons guilty of certain thefts & forgeries, made perpetual. | ||
| II. And whereas there is no provision made by law for paying the clerk of the general court, for ex-officio and publick services, and publick services, and those services have [are] become very considerable: Be it therefore enacted, That the clerk of the said court be allowed eight thousand pounds | Allowance to clerk of general court for ex officio services. |
| of tobacco annually, for all his ex officio and publick services, to commence from the tenth day of December, one thousand seven hundred and seventy nine, to which period allowance hath been made for the same, and that the auditors of publick accounts be authorized and required to issue their warrant upon the publick treasurer for payment of the same quarterly, according to the estimated price of crop tobacco made by the grand jury next preceding the time of issuing such warrant. | |
| CHAP. XXXI. An act for the defence of the eastern frontier of this commonwealth. |
[Chan. Rev. p. 136.] |
| I. WHEREAS the trade of this commonwealth hath of late been greatly obstructed, and the citizens of the same inhabiting the shores of the navigable rivers and bays, greatly distressed by means of small cruizers belonging to the enemies of America, which might be effectually prevented by a small force provided for that purpose: Be it therefore enacted by the General Assembly, That the brig Jefferson, with the armed boats Liberty and Patriot, be forthwith manned and fitted out for the purpose of suppressing the cruizers belonging to the enemy, and affording protection and safety to the good citizens inhabiting the shores of the bay and rivers, exposed to the ravages of such cruizers. The Thetis and the Lewis galley shall also be forthwith and without delay, made ready and compleated for the same service. That the armed vessels aforesaid, as well as others hereafter to be fitted for the service of the commonwealth, may with the greater ease and expedition be manned, the governour with the advice of council may, and he is hereby authorized and empowered, if the exigencies of the service aforesaid should render it necessary, to issue his warrant to any officer commanding an armed vessel in the service of this state, authorizing | Preamble. Naval force to be fitted out. |
| and directing such officer to impress into the service of this commonwealth any seamen or mariners, under the following restrictions and limitations: The seamen on board any vessel belonging to the inhabitants of either sister state, and those on board any vessel belonging to foreigners, and in no part owned by any inhabitant or inhabitants of this commonwealth, shall be and the same are hereby exempt from impressment. The seamen on board any vessel to whomsoever belonging, loaded and outward bound, shall also be exempt from impressment. The seamen or mariners on board any other ship or vessel, except as before is excepted, shall and may be impressed into the service of the state, by warrant from the governour as aforesaid; provided that not more than one fifty man be taken from on board any such ship or vessel. The seamen or mariners so as aforesaid impressed into the service of the commonwealth, shall not be compelled to serve at any one time more than nine months, and when their time of service shall be ended, such men as shall faithfully continue to serve during the said term of nine months, shall be exempt from any future impress for twelve months thereafter; and to ascertain such faithful service, the officer discharging any seaman after the said term of nine months service, shall give a certificate to such seaman, stating the time of his service and when it ended or expired. | Impressment of seamen authorized, under certain restrictions. |
| II. In order to render the naval service more agreeable, and to enable the seamen and mariners who may by virtue thereof be impressed into the service, or those who may voluntarily enlist or have already voluntarily enlisted into the same, to provide themselves with the necessaries of life, the pay of all such able seamen and mariners shall henceforward in lieu of the pay heretofore allowed, be two shillings per day, and the pay of ordinary seamen or landsmen shall be one shilling and sixpence per day, and the pay of boys one shilling per day, in specie; and if it should so happen that the specie cannot be procured for the purpose of paying the same, then such seamen and boys shall receive in lieu thereof as much paper money as will be equivalent to the pay aforesaid, at the time the same is received by them, the difference between which, from time to time, shall be ascertained by the governour with the advice of council. The officers and men on | Pay of seamen. |
| board any armed vessel in the service of this commonwealth, shall henceforward be entitled to the whole of any prize by them taken, to be distributed among them according to the continental regulations in such cases made and provided, saving nevertheless the right to all and every person or persons of claiming such prize as a recapture or otherwise, according to the admiralty regulations established by the continental congress or by this commonwealth. | Officers and semen entitled to the whole of any prize taken. |
| III. For more effectually clothing and providing necessaries for the seamen in the service of this state, and discharging with punctuality their pay, the governour shall and he is hereby directed from time to time to issue his warrant to the paymaster of the navy, for as much money as may be necessary to purchase canvas for hammocks, clothing, and slops, for the seamen and mariners, and also for their pay; the purchases of such canvas, clothing, and slops, shall from time to time be made, with advice of the commissioner of the navy, and when made, distributed by the said commissioner among the seamen and mariners, as he shall judge proper and necessary for the good of the service. The pay-master shall once in six weeks settle his accounts with the auditors of publick accounts, and in case of failure, the auditors shall and they are hereby directed to proceed against such pay-master as they are directed to do against delinquent sheriffs and collectors. The captains of each and every armed vessel in the service of this state, shall carefully attend to the issuing the clothing and slops to the seamen and mariners on board their respective vessels, and keep an exact account thereof against each seaman and mariner for what he receives, and the amount thereof shall from time to time be deducted from each seaman's pay, a copy of which amount shall in due time, before the day of payment, be by every captain returned upon oath to the pay-master, that he may ascertain the sum due to each seaman; a like copy shall also by each captain be returned to the commissioner of the navy once in every six months, who is hereby directed to lodge the same in the auditors office as a check upon such pay-master. Henceforward in lieu of the pay and clothing heretofore allowed to the offices of the navy, they and each of them shall receive the following allowances, to wit: A commodore fourteen shillings, a captain eight shillings | Clothing & necessaries how provided Pay of officers & staff. |
| and three pence, a lieutenant six shillings, a master five shillings, a mate, four shillings, a midshipman two shillings and nine pence, a quartermaster two shillings and nine pence, a boatswain four shillings, a boatswains mate two shillings and nine pence, a sail maker two shillings and nine pence, a gunner four shillings, a gunner's mate two shillings and nine pence, a quarter gunner two shillings and six pence, carpenter four shillings, a carpenter's mate two shillings and six pence, carpenter's crew two shillings each, a surgeon six shillings, surgeon's mate three shillings, and master at arms two shillings and six pence, per day, in specie, and in case specie cannot be procured, then as much paper money as will be equivalent to each officers pay as above, to be ascertained in the same manner as the pay, of the seamen and mariners, shall be received by each officer. | |
| IV. That vessels of war in the service of this commonwealth may be properly supported for the purpose of protecting the trade of Chesapeake bay, the following duties shall be paid by the owner or master of every merchant vessel to the naval officer of the port where such merchant vessel enters, to wit: A duty of fifteen pence in specie, shall be paid by the owners of each merchant vessel upon every ton such vessel will carry, which shall be ascertained by the register of such merchant vessel; upon every gallon of rum, gin, brandy, and other spirits, imported into this commonwealth by water, a duty of one penny in specie shall be paid; upon Madeira wine four pence per gallon; upon all other wines two pence per gallon in specie; upon molasses and other syrups a duty of one penny per gallon; upon coffee a duty of one shilling per hundred weight shall be paid; upon loaf sugar one shilling and six pence for every hundred weight shall be paid; upon clayed sugar one shilling and three pence shall be paid for every hundred weight; upon Muscovado sugar there shall be paid one per centum upon the value, to be ascertained by the cost thereof, at the port where laden or put on board, by the captain or owner or owner of the vessel importing the same. The duties hereby imposed, shall | Duties, on goods imported, to support the navy. |
| be paid in specie or current money of this commonwealth equivalent thereto (the ratio whereof shall from time to time be fixed by the governour and council and transmitted to the respective naval officers) by the captain or owners of all and every vessel or vessels, at the port of importation, to the naval officer of the district with whom such vessel or vessels shall be entered; for the true and due collection whereof, every captain of a vessel shall at the time of entering the same, give bond and approved security to the naval officer, well and truly to pay the same within one month after such importation, the penalty of which bond shall be two thousand pounds specie, for a vessel of one hundred tons burthen, and one thousand pounds like money for a vessel of fifty tons burthen, and so in proportion for a larger or smaller vessel trading to this state; and where any vessel trading to this state; and where any vessel importing any of the dutiable articles aforesaid shall arrive in this state, the captain of which shall fail to give such bond as aforesaid, to the naval officer with whom his vessel shall be entered, at the time of entering the same, such vessel with her tackle apparel and furniture shall be subject to seizure by the naval officer or his deputy for the district wherein such vessel lies, and shall be forfeited, one half to the use of the commonwealth, the other half to the use and benefit of the naval officer or other person prosecuting for the same. And where any captain or commander of a vessel, trading to this commonwealth, shall after having entered into bond as aforesaid, secrete or conceal, or where the owner or owners of such vessel shall secrete or conceal any of the dutiable articles aforesaid, to avoid the payment of the duty imposed upon the same, the vessel with her tackle, apparel, rigging, and furniture, shall be forfeited therefor, one half of which forfeiture shall be to the use of the commonwealth, the other half to the person or persons who shall inform and prosecute for the same. To prevent delays in the payment of the duties hereby imposed, it shall and may be lawful for the general court, or court of the county wherein the naval office is kept, for the district within which any failure may happen, upon motion made by such naval officer, to give judgment against the person making default and his securities, their heirs, executors, and administrators, for the sum remaining due, with costs, and to award execution for the same, the | How collected. |
| parties having ten days notice of such motion. Each and every naval officer, before he enters upon the duties of this act, shall give bond with approved security, payable to the governour of the commonwealth for the time being, in the penalty of ten thousand pounds specie, conditioned, for the true and faithful performance of the duties hereby required of such naval officer, and in case of refusal, shall forfeit his office. Each and every naval officer after having entered into bond as aforesaid, which bond shall be lodged in the auditors office, shall once in every six months settle his accounts with the said auditors of publick accounts and after deducting five per centum for his commission, shall pay the balance due from him or the duties hereby imposed, into the treasury, stating in each account by him rendered, from whom and for what the duties by him to be collected were paid. As an encouragement to captains and masters of vessels to make a true and faithful return of dutied goods, they shall be allowed to import in any vessel of one hundred tons burthen, two hundred pounds worth at first cost of goods, duty free, and to captains of any vessel of fifty tons burthen, there shall be allowed the privilege of importing one hundred pounds worth of goods at first cost, duty free, and so in proportion for larger or smaller vessels; but this privilege shall nevertheless be forfeited upon discovery of willful concealment or an untrue report made by any such captain or commander to the naval officer. | Encouragement to masters of vessels to make a true report.
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| V. The rules and regulations established by congress, shall in future be observed in this state, for the trial and punishment of all offenders in the navy of this commonwealth, and the workmen employed in the publick ship yard, foundery, rope walks, and other publick works, shall be and they are hereby declared to be exempt from military duty of every kind, if engaged to serve for six months. The duties hereby to be collected, shall be appropriated solely to the purposes of the navy of this commonwealth, and a distinct and separate account thereof shall be kept by the treasurer, stating the monies received upon these funds and the expenditure thereof. The pay-master, for his services herein, shall be allowed two and a half per centum upon all the money by him expended in discharge of the duties hereby imposed upon him, lieu of all former pay by him heretofore received. | Regulations of congress adopted for trial of offenders.
Allowance of pay-masters. |
| VI. For the more effectual future protection of the trade of Chesapeake bay, the commissioner of the navy shall, and he is hereby required to obtain as speedily as possible, a true and exact plan of the gallies built by order of congress, at Philadelphia, in the year of our Lord one thousand seven hundred and seventy six, and as soon thereafter as may be, to cause two galleys of the same size and on the same construction, to be built and equipt to carry two thirty two pounders in the bow, and the like number in the stern, with six pounders at the sides; the said galleys shall be rigged as the commissioner of the navy shall direct, and the rigging, sails, guns, and other materials, shall be provided while the said gallies are on the stocks, to the end that no time bay be lost in equiping them for a cruise after they shall be launched. | Two gallies to be built of the same construction as those at Philadelphia. |
| VII. And whereas by an act of assembly passed in the year of our Lord one thousand seven hundred and forty eight, entitled "An act for the better management and security of orphans and their estates," the county courts are directed to cause such orphans coming under certain discriptions therein mentioned, to be bound out, Be it enacted, That the same shall be, and is hereby amended so far as that the said county courts, instead of binding out all such orphans as shall come within the description in the said act contained, they shall and are hereby empowered and required to cause one half of such male orphans at least, who may live below the falls of the respective rivers in the eastern pars of this commonwealth, to be bound to the sea, under the most prudent captains that can be procured to take them. | Courts shall bind out at least half their male orphans to the sea. |
| VIII. To the end, that an hospital for the relief of sick and disabled seamen may be established, the several and respective naval officers within this commonwealth shall receive from each captain or commander of any vessel belonging to the same, at the time of their entrance or clearance, nine pence a month in specie, or an equivalent in current money as aforesaid, out of the wages due to the seamen on board his vessel, an account of which, each and every captain is hereby required to render upon oath, and pay to such naval officer, before he shall be permitted to clear or enter his vessel. And the paymaster of the navy shall deduct out of the wages due to the seamen and mariners in [the service of] | Hospital for seamen established, by a duty on mariners. |
| the state, the like sum from their monthly pay, which sums, when collected, shall be paid by the naval officers and pay-master respectively, into the hands of such person as the governour, with the advice of council, shall appoint, the naval officer deducting therefrom five per cent. for his trouble of collection; and the hospital shall also be established at such convenient place as the governour, with the advice of council, shall fix upon, and be under the management of some proper person by him to be appointed for that purpose. All the other vessels belonging to this commonwealth, not herein before-mentioned, shall immediately be sold, under the direction of the commissioner of the navy, for the most that can be got for the same, in such manner as shall be most conducive to the publick interest; and the money arising from such sale shall be applied to the purposes of the navy. | Where hospital situated. | |
| CHAP. XXXII. | ||
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| WHEREAS the act passed last session of assembly entitled "An act for giving farther powers to the governour and council," has expired, and it is expedient and necessary that the same should be again revived and amended, Be it therefore enacted, That the said recited act is, and stands hereby revived, and shall continue and be in force from and after the passing hereof, until the end of the next session of general assembly. And whereas by the arts of the enemy joined by disaffected persons, riots have taken place in some counties injurious to the peace and dignity of government; to prevent such pernicious practices in future, and in order to aid the civil power in the due and effectual execution of the laws, Be it enacted, That wherever | Act giving further powers to the governor & council, revived and continued. |
| the governour shall have satisfactory information that any persons within this commonwealth shall be inclined to mutiny or riot, or in any manner to resist the execution of the act "For recruiting this state's quota of troops to serve in the continental army," he is hereby empowered to order one or more troop or troops of horse to be raised and embodied in any county where such persons shall so resist or assemble together with an intention to resist. And the governour with the advice of his council, shall have power to appoint the necessary officers to command, who together with the privates whilst on duty, shall be entitled to such pay and rations as are allowed in the continental line, and to be discharged when the governour and council shall think proper. The offices and privates of each troop or troops, shall furnish their own horses, arms, and accoutrements, which shall be paid for by the publick in case they are lost or destroyed in the service, without the neglect of the owner. Provided nevertheless, That all such horses, arms, and accoutrements, shall be valued by two respectable freeholders upon oath, at the time of entering into the said service. | Power of governor to call out force to suppress mutiny, or resistance to the laws for recruiting this state's quota of troops, for the continental army. |
| And be it farther enacted, That in case of any invasion or insurrection within this commonwealth, it shall be lawful for the governour with advice of the council of state, by commission of oyer and terminer, to be made out either during the said invasion or insurrection, or after the same, and to be directed to the judges of the general court, to authorize the said judges or any three of them, to meet at such time and place within the commonwealth, as shall be limited within the commission, to hear and determine all treasons and misprisions of treason, and also all offences against an act of general assembly, passed in the year one thousand seven hundred and eighty, entitled "An act affixing penalties to certain crimes injurious to the independence of America but less than treason, and repealing the act for punishment of certain offences alledged to have been committed during the said invasion or insurrection;" the said judges shall enquire of such offences by a grand jury of the county where the court shall sit, and upon every indictment for any such offence, the same process, rule, and order, shall be issued, pursued, and observed, as is by law directed in cases triable before the said general court, at their ordinary | In case of invasion or insurrection, governor authorised to
constitute special court for trial of treasons, &c. Mode of proceeding. |
| sessions, and the trial of such offences if denied by the offender, shall be had by twelve lawful men, inhabitants of the county where the offender was apprehended, and such as shall be convicted of any such offence shall suffer such pains, losses of lands, goods, and chattels, as if they had been attainted and convicted of such offence before the said general court. The said judges may adjourn from time to time at their will until final determination, and shall be attended by the attorney general, the clerk and sheriff of the general court, which sheriff shall summon and impannel all juries for enquiring into and trial of such offences, misprision of treason, and other offences, and shall execute the judgments of such courts, and make return thereof to the said clerk, by him to be recorded, together with all the proceedings. Provided nevertheless, That if the said court be directed to sit in any place westward of the blue ridge of mountains, it shall be lawful for the governour with advice of the council of state, to direct the said commission to any three or more persons learned in the law, and to procure the attendance of any other attorney on behalf of the commonwealth, in which cases the said court shall be attended by the clerk and sheriff of the county wherein their session shall be held, which sheriff shall execute their judgment and make return thereof to the said clerk, by him to be recorded, together with all the proceedings, and the same to be transmitted to the clerk of the general court, to be safely kept among the records of his office. Every juror summoned as aforesaid and failing to attend such court, unless for good cause shewn to be adjudged of by the court, shall be fined two hundred pounds of tobacco, and unless the same or the value thereof in money, at the rate settled by the grand jury at the preceding general court, shall be paid before the final adjournment of such court; the said fine shall be levied by such sheriff on the goods and chattels of the delinquent, to be applied towards defraying the expenses of holding such courts. | |
| And whereas by an act passed at the last session of assembly, entitled "An act to continue and amend the act entitled An act for establishing the county of Illinois and for the more effectual protection and defence of the same, and for other purposes," It is enacted, That the governour with advice of the council, may | Accounts of Ilinois department to be settled by auditors. |
| Pages 344-366
| Pages 391-405
|