Pages 205-246
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| Pages 205-246
| Pages 265-280
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| CHAP. XI. An act to amend the act for appropriating the public revenue. |
[Chap. CLV in original.] [chan.Rev. p. 200] See May 1782, ch. 2. |
| I. WHEREAS the general assembly of this commonwealth did, during the last session, pass an act, intituled, "An act to amend and reduce the several acts of assembly for ascertaining certain duties and taxes, and for establishing a permanent revenue, into one act;" which act hath been amended by an act passed the present session of assembly, intituled "An act to amend an act to amend and reduce the several acts of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act:" And whereas the operation of the said acts, as well as the present circumstances of this state, render it necessary that the act intituled, "An act for appropriating the public revenue," should be amended: Be it therefore enacted, That all the revenue arising under the said first recited act, as now amended, shall be appropriated as herein after directed; and the same shall be paid accordingly, the respective claims being previously audited, and warrants drawn by the auditors of public accounts accordingly. The land tax arising within the borough of Norfolk shall be applied towards the payment of the debt due from the state to the said borough, for public buildings destroyed by order of convention: There shall also be a sufficient sum out of the land tax applied towards the discharge of the interest due on certificates for paper money funded agreeable to the directions of an at intituled "An act for calling in and funding the paper money of this state:" And there shall also be reserved, one tenth part of the said land tax towards the redemption of the money issued by authority of this state, agreeable to the recommendation of congress of the eighteenth day of March, one thousand seven hundred and eighty: And all the rest of the tax on land arising from the said recited acts, shall be applied to the use of congress, towards paying this state's quota of the interest of the debt due by the United States. | Preamble. Land tax appropriated. |
| II. And be it further enacted, That the money arising from the tax on slaves, shall be applied towards | Slave tax. |
| the payment of this state's debts due to the army, agreeable to the directions of an act, intituled "An act to establish permanent and adequate funds for the redemption of the certificates granted the officers and soldiers for their arrears of pay and depreciation;" and also that the money arising from the said tax, shall be applied towards making good to congress any deficiency which may arise in this state's quota of interest due on the debts of the United States, so as to make good to congress the annual sum of four hundred thousand dollars. | |
| III. And to prevent all doubts respecting the apportionment of the said slave tax, Be it enacted, That the treasurer shall, as the same may be paid into the public treasury, apply one half of the money so paid towards the discharge of the aforesaid debt due to the enemy, if so much shall be requisite to make good the annual claim of the army, agreeable to the aforesaid act, "An act to establish permanent and adequate funds for the redemption of the certificates granted to the officers and soldiers for their arrears of pay and depreciation;" and the other half of the tax on slaves, as the same may be paid into the treasury, shall be applied towards making good any deficiency which may arise to make good this state's quota of the interest of the debt due by the United States, so as to make up annually the aforesaid sum of four hundred thousand dollars; and if the said revenue arising from the tax on slaves shall exceed the sums requisite to compleat such payments to the army and to congress, such overplus or excess shall be applied toward the payment of any debts, either foreign or domestic, due by this state, for the payment whereof no other provision hath been made or shall be made by law; such payments to be made by the treasurer, agreeable to order of the executive, who shall direct the payment of the same to such public creditors as in their opinion have the most pressing and meritorious demands against the public for the same. | |
| IV. And be it further enacted, That all the revenue arising from the tax on free male tithables, and all taxable property included in the said revenue law, and not before appropriated, shall be applied as follows: Five-tenths thereof to the support of civil government; one-tenth towards the payment of the debts due on the military fund; one-tenth thereof to the payment of military | All other taxes. |
| pensioners, and the sums voted for the immediate relief of wounded or disabled officers and soldiers; on other tenth to be applied towards the contingent expences of government, to be paid to the orders of the executive; and the remaining two-tenths to be reserved in the treasury, subject to the future direction of the general assembly. | |||
| V. And be it further enacted, That all the duties and tonnage arising under the said revenue act, and all the money arising under the law for recruiting this state's quota of troops to serve in the continental army, and not heretofore appropriated by any act or resolution of the general assembly, shall be applied in aid of the fund for the support of civil government; and if the said fund for the support of civil government; and if the said fund shall be more than sufficient for the purpose, the excess or overplus shall be applied in aid of the fund for the contingent charges of government, at the disposition of the executive. | Tonnage and duty. | ||
| VI. And be it further enacted, That the auditors shall furnish the treasurer with an account of the sums to be paid into the treasury by the sheriffs for taxes collected under the said revenue law, at the time of paying the same, distinguishing the tax paid for land, for slaves, and on free male tithables, and other property. | Auditors to furnish the treasurer with distinct accounts of each branch of taxes. | ||
| VII. And be it further enacted, That all and every other act or acts, as comes within the purview of this act, shall be hereby repealed. | Repealing clause. | ||
 CHAP. XII. |
Ch. CLVI in original. | ||
|
[Chan. Rev. p. 200.] See vol. 10, pa. 74. | ||
| I. WHEREAS it is improper that a delegate to congress should, at the same time, be a member of the general assembly: Be it therefore enacted, That so much of any act or acts of assembly as declares that | Delegates in Congress ineligible to either house of Assembly. |
| the delegates to Congress shall be eligible to either house of Assembly, shall be, and the same is hereby repealed. | |
| II. And be it further enacted, That if any member of either house of assembly shall accept of an appointment to congress, the seat of such member, in either house of assembly, shall be thereby vacated. | |
| CHAP. XIII. An act for clearing Roanoke river. |
[Chapter CLVII in original.] |
| I. WHEREAS extending the navigation of the river Roanoke from the falls, upwards to the fork of Staunton and Dan rivers, and up the said rivers Staunton and Dan to the head thereof, will be of a great benefit and advantage, as well to the inhabitants of the interior part of this state as to the public in general, and it is represented to this present general assembly that many persons are willing and desirous to subscribe and contribute thereto, for the encouragement thereof: For such laudable and useful undertaking. | Preamble. |
| II. Be it enacted by the present General Assembly, That Patrick Henry, Paul Carrington, Joel Watkins, Isaac Coles, Samuel Goode, Robert Wooding, James Callaway, Charles Lynch, Henry Walker, John Coleman, William Morton, Robert Adams, John Wilson, Peter Perkins, William Harrison, John Marr, and Edward Moseley, gentlemen, be, and they are hereby nominated, constituted, and appointed, trustees, for clearing so much of the said rivers as shall be within this state; and they are hereby respectively authorized and empowered to take and receive subscriptions for that purpose; and if any person or persons shall neglect, fail, or refuse to pay the several sums of money respectively subscribed, for the purpose of this act, it shall and may be lawful for the said trustees respectively, or undertaker, to sue for and recover the same, in the name of the trustees, or undertaker for clearing the rivers, whereof they are by this act respectively appointed | Trustees for clearing Roanoke river. |
| trustees; by petition where the subscription shall not exceed five pounds, and where the same shall be above that sum, by action of debt | |
| III. And be it further enacted by the authority aforesaid, That the said trustees respectively, or a major part of them, shall have full power and authority to contract and agree with any person or persons for clearing so much of the said rivers as shall be within this state, in such manner as to the said trustees shall seem most proper, and to remove all hedges and rocks, or stops, which the said trustees shall think may in any wise obstruct the said navigation. | Powers of trustees. |
| IV. And be it further enacted by the authority aforesaid, That the said trustees respectively, or the major part of them, from time to time, as often as they shall see occasion, shall and may nominate and appoint one or more of their number, willing to undertake the same, to be receiver or receivers of all monies that shall be subscribed for the purpose of this act; who shall, in the court of the county where he or they shall reside, give bond with sufficient security, in a reasonable penalty, to this commonwealth, with a condition that he or they, his or their executors and administrators, at all times when required, shall and will truly and faithfully account with the said trustees or undertaker, for all monies which shall come to the hands of such receiver or receivers, for the purpose of this act, and pay the same to such person or persons as the said trustees, or the major part of those who agree to act, shall order and direct. | May appoint a receiver. |
| V. And be it further enacted, That in case of the death, resignation, or removal out of the country, or the legal disability, of any one or more of the said trustees before named, it shall and may be lawful for the surviving or remaining trustees, or any seven of them, from time to time, to elect and choose so many persons in the room of those so dead, resigned, removed, or disabled, as shall make up the number of seventeen; which trustees, so chosen, shall be vested with the same power and authority as any others in this act particularly named. | Vacancies, how supplied. |
| VI. And be it further enacted by the authority aforesaid, That all hedges or stone stops, already made across any part of the said rivers, Roanoke, Staunton, and Dan, within this state, shall be taken up and destroyed | Hedges, stone stops, &c. across the rivers, how removed. |
| by the person or persons who made or placed the same; and that in future no hedge or stone stop, that in any wise obstructs the course or passage of the said rivers, shall be placed or set therein; and it shall be lawful for any person or persons whatsoever, at any time, to pull up and destroy any and every hedge or stone stop by him or them already set up or made; or who shall hereafter presume to set up or make any in the said rivers as aforesaid, shall forfeit and pay five thousand pounds of tobacco for every such offence; and if after conviction, the person or persons so offending, shall suffer such hedge or stone stop to continue, and not pull up the same, he or they shall forfeit and pay two thousand pounds of tobacco for every week the same shall be suffered to remain; both which forfeitures shall be recoverable with costs, by action of debt, in any court of record within this state, wherein the same shall be cognizable; one fourth thereof to the informer, the other three fourths to the trustees, to be applied to the purpose of clearing the said rivers. | |||
| CHAP. XIV. |
Ch. CLVIII in original. | ||
|
[Chan. Rev. pa. 201.] See May 1777, c. 3. | ||
| I. WHEREAS by an act, intituled, "An act to oblige the free male inhabitants of this state above a certain age to give assurance of allegiance to the same, and for other purposes," non-jurors are prohibited from purchasing lands, suing for debts, and are subject to other disabilities; which said prohibition is greatly oppressive on those peaceable and industrious people of the community, known by the names of quaker and menonists, who from conscientious scruples have declined giving that assurance of allegiance which is enjoined by the above recited act: For remedy whereof, | Quakers and Menonists exempted from incapacities for non-juring. |
| Be it enacted, That so much of the said act, and any other law, as does disable any person or persons that are bona fide in religious fellowship with the said people called quakers, or with the people called menonists, from exercising and enjoying the rights and privileges they might have done in case the said act or acts had never been passed, shall be, and the same is hereby repealed. | |
| II. And be it further enacted, That where any quaker or quakers, menonist or menonists, shall have purchased lands or other property, such purchases shall be deemed valid, and held in the same manner as if the above recited at or acts had never been made. | Confirmation of their purchases. |
| CHAP. XV. An act for granting pardon to John Holland. |
Ch. CLIX in original. |
| I. WHEREAS John Holland was, in October last, sentenced by the general court to be hanged for an act of treason against this state; execution of which sentence was by the last assembly respited until the present session, and the said John Holland hath made application to be liberated and absolved from the said sentence, and it is judged reasonable to extend mercy to him: | John Holland, convicted of treason, pardoned. |
| II. Be it therefore enacted, That the said John Holland shall be, and he is hereby pardoned for the said offence; and execution of the said sentence shall not be made, but the keeper of the public jail shall discharge him from custody. |
| CHAP. XVI. An act concerning Peter Heron, a subject of his Most Christian Majesty. |
Chap. CLX in original | ||
| I. WHEREAS Peter Heron, master of the brigantine Lark, and a subject of his Most Christian Majesty, arrived in James river the 27th ultimo, and from his non-acquaintance with the laws and language of the country, his said vessel and cargo were subjected to seizure, and arrested by the marshal of the admiralty, and it appearing that the said Heron had no intention of defrauding the state of her duties, | Peter Heron a subject of his Most Christian Majesty, permitted his to enter his vessel, tho' subject to seizure. | ||
| II. Be it therefore enacted, That the said vessel and cargo be discharged, and admitted to entry with the naval officer where she arrived, upon paying the customary duties, office fees, and expences of seizure; any law to the contrary notwithstanding. | |||
| CHAP. XVII. |
[Chap. CLXI in original.] | ||
|
[Chan. Rev. p. 201.] | ||
| I. BE it enacted by the General Assembly, That it shall be lawful for the auditors of public accounts, and they are hereby directed and required, upon application, to issue other warrants and certificates where former ones by them granted shall be lost and not paid; and where any such warrants or certificates shall have been granted for paper money, to reduce and liquidate the same agreeable to the legal scale of depreciation. | New warrants & certificates may be issued by auditors, where originals lost. | ||
| II. Provided always, and it is further enacted, That every person making application as aforesaid, shall, before other warrants or certificates be issued, take an oath to be administered by either of the auditors, or before | Oath & bond by applicant. |
| the court of his or her county, that he or she hath lost such warrant or certificate, as the case may be, and hath not directly or indirectly received any satisfaction for the same; and shall moreover enter into bond with sufficient security, in double the sum contained in such warrant or certificate, payable to the governor in behalf of the commonwealth, to indemnify the state against the warrant or certificate so lost; and where such bond or security shall be given in the county court, the same shall be transmitted, together with the certificate of the court, to the auditors. | ||
| CHAP. XVII. |
[Chapter CLXII in original.] | |
| ||
| I. WHEREAS it is represented to this general assembly, that by the
extension of the line called Mason's and Dixon's line, the court-house of Monongalia county has
fallen into the state of Pennsylvania, and that the house of Zachwell Morgan is conveniently
situated for the present holding of courts: II. Be it therefore enacted, That the justices of the said county shall, and they are hereby authorized, to hold courts for the said county at the house of the said Zachwell Morgan, at the time appointed by law, until a court-house can be erected. And whereas since the extension of the said line, the justices of the said county have adjourned to, and held their courts at several places within the county, and it is reasonable that their proceedings should be confirmed: |
Court-house of Monongalia having fallen into the state of Pennsylvania, by the extension of Mason's and Dixon's line, the court to be held at the house of Zachwell Morgan. | |
| III. Be it therefore enacted, That all judgments obtained, and other proceedings of the said court, had or done at the places to which the said adjournments were respectively made, shall be held and deemed as good and valid in law in like manner as if the same had been | Proceedings of court, at places, other than the court-house confirmed. |
| done at a place legally appointed for the holding of the court of the said county. | |
| IV. And be it further enacted, That the justices of the said county, or a majority of them, shall, and they are hereby authorized and empowered, to meet at some convenient place in the said county, within six months after the passing of this act, and agree upon a proper place for holding the court of the said county; and they are hereby authorized and empowered to purchase a seat of land not exceeding ten acres, for the purpose of erecting a court-house, jail, and other necessary public buildings, and to levy the money necessary for that purpose, also for the purpose of erecting such buildings, on the tithable persons of the tithable persons of the said county, in the same manner as other county levies. | Justices of Monongalia authorised to fix on a place for holding court, and to purchase land whereon to erect public buildings. |
| CHAP. XIX. An act to alter the place of holding courts in the county of Brunswick. |
[Chapter CLXIII in original.] |
| I. BE it enacted by the General Assembly, That the justices of the county of Brunswick, or a majority of them, shall, and they are hereby authorized, to appoint a place for holding courts, at or near the centre of the said county, as the situation and convenience will admit, and to proceed to erect the necessary public buildings at such place; and until such buildings be completed, to hold courts at such place in the said county as they or a majority of them, shall appoint. | Justices of Brunswick authorised to appoint a place for holding the court, near the centre of the county. |
| CHAP. XX. | [Ch. CLXIV in original.] | ||
|
See vol. 10, p. 301, 371. | ||
| I. WHEREAS by an act passed in the year one thousand seven hundred and eighty, intituled, "An act to suspend in part the operation of the act concerning escheats and forfeitures from British subjects, and for other purposes," it was among other things enacted, "That the governor, with the advice of council, should draw from time to time on the treasurer, for so much money as they should judge necessary for the support of George Harmer." And whereas it is improper and unnecessary further to continue that part of the said act; | So much of former act as authorises the governor to draw warrants on the treasurer in favor of George Harmer, repealed. | ||
| II. Be it therefore enacted, That so much of the said recited act as empowers the governor to draw warrants on the treasurer, for any sum or sums of money, in favour of the said George Harmer, shall be, and the same is hereby repealed. |
| CHAP. XXI. | [Chapter CLXV in original.] | ||
|
[Chan. Rev. p. 201.] | ||
| I. WHEREAS it is expedient and necessary to amend and reduce into one act, the several acts of assembly for the appointment of naval officers, and ascertaining their fees: Be it therefore enacted, That there shall be a naval officer for each of the following districts, that is to say: For the lower district of James River, extending from Hampton to the mouth of Kyth's or Lawn's creek; for the upper district of the said river, extending from Kyth's or Lawn's creek upwards; for the district of Elizabeth river, extending to Chuccatuck creek; for the district of South Quay; for the district of York river; for the district of Rappahannock; for the district of South Potowmack, and a deputy for the said district at Alexandria; and two for the district of the Eastern Shore, namely, one in the county of Accomack, and one in the county of Northampton; to be hereafter appointed, in case of vacancies, by joint ballot of both houses of assembly, and commissioned by the governor. The naval office for the lower district on James river shall be kept at Hampton; the one for the upper district at Burwell's ferry; the one for the district of Elizabeth river at Norfolk; the one for the district of York river at York Town; the one for the district of Rappahannock at Urbanna; the one for the district of South Potowmack at the mouth of Yocomico; the one for the county of Accomack at Accomack Court-House; and the one for the county of Northampton at Bridge town. And if any naval officer shall not keep his office at the place herein fixed for the same, he shall forfeit his office, and another naval officer shall be appointed in like manner as is herein after directed in the case of death, resignation, or other disability. Every naval officer, at the time of receiving his commission, shall enter into bond with good and sufficient security, in the penalty of five thousand pounds, for the due and faithful discharge of | Naval districts established. How naval officers to be appointed. Where the offices are to be kept, or the office forfeited. To give bond and be sworn. |
| his office according to law; and moreover to take the following oath, to be administered by the governor in council, to wit: "I A. B. do swear that I will be faithful and true to the commonwealth of Virginia, and will well and truly discharge the duty of naval officer for the district of according to law, and the best of my skill and judgment, without favor, affection, or partiality. So help me God." Vacancies occasioned by the death, resignation, or other disability, of any of the said naval officers, shall be supplied by the governor, with the advice of the council, to continue in office until the end of the next session of assembly. Every naval officer shall, upon application, grant a permit, under his hand and seal, to the owner or master of a vessel within his district, to export out of this commonwealth any commodities whatsoever. | The oath. Vacancies, how supplied. Permits. |
| II. And to prevent the dangerous consequences that may arise from the breach and contempt of embargoes, Be it further enacted, That every master of a ship or vessel, when he makes his entry, shall give bond with security, in the penalty to one thousand pounds, that he will not depart this commonwealth when an embargo is laid, during the continuance thereof; and every naval officer, upon receipt of the order for such embargo, shall forthwith give notice thereof to the masters of vessels within his district; and no bond given, respecting such embargo, shall be adjudged, deemed, or taken to be forfeited, unless notice be given as aforesaid. Every naval officer at the time of, and before the clearing out any vessel, shall administer to the master thereof the following oath (and if a Quaker he shall affirm) that is to say: "I A. B. master of the vessel , do swear (or affirm, as the case may be) that I will make diligent enquiry and search in my said vessel, and will not knowingly or willingly carry or suffer to be carried in my said vessel, out of this commonwealth, without such pass as is directed by law, any person or persons whatsoever, that I shall know to be removing hence in order to defraud his or their creditors; or any servant or slave that is not attending his or her master or owner." And the master of every vessel who unloaded ballast, shall, at the time of clearing, produce to the naval officer a certificate as herein after mentioned, that such ballast was unloaded and brought on shore according to law; and on failure thereof, he | Rules for observing embargoes. Oath to be taken by masters of vessels at clearing. And certificates as to ballast produced. |
| shall forfeit and pay the sum of fifty pounds, to the use of the commonwealth. That every naval officer, at the time of granting a permit to load or trade, shall take bond of the master of the vessel, in the penalty of two hundred pounds, conditioned that he will not crop, cut away the bulge, draw the staves, or otherwise abuse or injure any tobacco cask freighted in his vessel or cause or suffer the same to be done with his knowledge, privity, or procurement, without the consent of the freighter or freighters; and if the naval officer shall neglect to take such bond, he shall forfeit and pay the sum of two hundred pounds, to be recovered by information, and applied, one moiety to the use of the commonwealth, and the other to the informer. | Bond to be taken on granting a permit to trade. |
| III. And be it further enacted, That the fees of the naval officers shall be as follows: For entering and clearing and all necessary papers for any vessel under sixty tons, except vessels transporting goods from one district to another, thirty shillings; for entering and clearing any vessel above sixty and under one hundred tons, forty shillings, for entering and clearing any vessel above one hundred tons and under two hundred tons, fifty shillings; for entering and clearing any vessel above two hundred tons, sixty shillings; to be paid in current money of this state. If any naval officer shall presume to demand or take, directly or indirectly, any greater fee or fees, recompence or reward, than is allowed by this act, or shall connive at a false entry, and be thereof lawfully convicted, he shall be for ever after rendered incapable of holding such office, and another naval officer shall be appointed in his stead, in like manner as is directed in the case of resignation. | Naval officers fees. Penalty for overcharging, or conniving at a false entry. |
| IV. Provided always, and it is further enacted, That no naval officer shall be impeached or questioned for or concerning any offence aforesaid unless he be prosecuted for the same within one year. Every naval officer shall set up, or cause to be set up, in the most public place in his office, and constantly kept there, three fair written tables or copies of the fees allowed by this act, that is to say, one in the English, one in the French, and one other in the Dutch language; and also a table in each of the said languages, shewing plainly and clearly the duties payable on all goods imported, and | To be prosecuted within one year. Tables of fees to be set up in his office in English, French, and Dutch. |
| the tonnage payable on vessels; and upon receiving any fee or fees of office, shall if required, give a receipt to the person paying, expressing the amount thereof, and the time the same was paid, under the penalty of ten pounds, to be recovered, with costs, by the party grieved. No vessel shall be cleared out unless the master thereof produces to the naval officer a manifest of the cargo on board, and makes oath, (or affirms if a Quaker) that the commodities to be exported have been inspected, stamped and branded, according to law; and if the naval officer gives a clearance without such manifest being produced to him, and oath or affirmation made as aforesaid, he shall forfeit and pay the sum of fifty pounds, to the use of the commonwealth. Every naval officer shall, and may go on board any vessel in which any commodities shall be laden, and sieze, secure, and bring on shore any goods that have not been inspected, stamped, or branded, according to law; provided he shall have previously received information, on oath of the same; which goods so seized may, on due proof before two justices (one being of the quorum) that they were shipped contrary to this act, be ordered for sale, and the money arising therefrom applied one half to the use of the commonwealth, and the other half to the informer. | What shall be done previous to clearing out a vessel. Penalty on naval officer. His power to seize goods on board, not inspected or branded. |
| V. And be it further enacted, That no vessel belonging to any inhabitant or inhabitants of this state, shall be qualified to trade to any foreign parts or islands, until the owner or owners shall have registered his or their vessel in the tenour following: "Virginia to wit, Jurat A. B. that the ship of , of , whereof is at present master, being a , of tons, was built at , in the year , and that , of , and , of , at present are sole owners thereof." Which oath shall be attested by the naval-officer under his hand, and the seal of his office affixed thereto, and being registered by the naval officer, in a book to be kept for that purpose, shall be delivered to the master or owner of the vessel for the security of her navigation; and the naval-officer may demand and receive the sum of ten shillings for registering and recording the same; and for every endorsement thereon two shillings and six pence. Every naval officer shall enter in a book to be kept for that purpose, | Registers, their form. Fees for them. Books to be kept of entries and clearances. |
| a fair list of the entries, and in one other book a fair list of the clearances, of all vessels with their cargoes; and once in three months transmit a copy thereof to the governor, under the like pains for a neglect thereof as is herein before prescribed in the case of his demanding or taking exorbitant fees. | |
| VI. And be it further enacted, That the bonds directed to be taken by this act, shall be made payable to the governor for the time being, and his successours, for the use of the commonwealth. | |
| VII. And whereas the casting of ballast into rivers or creeks must prove dangerous and destructive to navigation, for prevention whereof, Be it enacted, That immediately after the commencement of this act, the court of every county adjoining any navigable river or creek, shall appoint one or more fit person or persons, residing convenient to the places where vessels usually ride in such river or creek, to be directors of the delivery of ballast from on board any vessel within their district; and the clerk of the court shall forthwith issue and deliver to the sheriff of his county, an attested copy of such appointment, to be by him served on every person appointed, or left at his place of abode, of which the sheriff shall make due return to the next court, when and where every person so appointed shall appear, and make oath in open court, "That he will, when required, diligently attend the delivery of ballast from on board any vessel within his district, and will not knowingly permit the same, or any part thereof, to be cast into the water where navigable, but will direct, and to the best of his power cause all such ballast to be brought and laid on shore at some convenient place or places where it may not obstruct navigation, nor be washed into the channel; and that he will truly and faithfully execute his office without favor, partiality, or malice." If any person so appointed, and having notice, shall fail to appear before the said court, unless hindered by sickness or other legal disability, or being there, shall refuse to be sworn, he shall be fined twenty pounds; and the court shall, upon every such failure or refusal, or in case of death, removal, or other legal disability, of any person appointed, proceed to appoint another in his room, who shall take the same oath, and upon failure or refusal shall pay the same fine; which the court is empowered and required | Regulations for unloading ballast. |
| to cause the sheriff to levy, and to be accounted for and paid by him to the treasurer. Every person so appointed and sworn, shall upon notice given him by the master of any vessel intending to discharge ballast, forthwith go on board, and attend until the same be delivered in manner directed by this act, and thereupon he shall give the master a certificate that the ballast on board his vessel has been duly unladen and brought on shore according to law; and for his attendance may demand and receive five shillings for every day he shall attend; to be paid by the master before certificate given; and if any such officer shall neglect to perform his duty as by this act directed, he shall forfeit and pay twenty pounds for every neglect or failure. | |
| VIII. And be it further enacted, That if the master or commander of any ship or vessel within this state, suffer any ballast to be discharged from on board his vessel, without having a ballast-master on board, he shall forfeit and pay the sum of fifty pounds; one half of which to the informer, and the other to the use of the commonwealth. | Penalty for unlading ballast without a ballast master. |
| IX. And be it further enacted, That any master of a vessel who shall be sued for any forfeiture accruing by this act, the court, in which suit shall be brought, shall rule every such master to give special bail, in the same manner as by law heretofore they could do. | Masters of vessels sued for forfeitures under this act, may be ruled to bail. |
| X. And be it further enacted, That any master or skipper of a vessel transporting goods, wares, or merchandize, liable to a duty, from one district to another, shall produce a permit from the naval officer of the district from whence such goods were transported, certifying the duties were secured to be paid agreeable to law, and shall obtain a permit from the naval-officer to the district to land them; and failing so to do, such goods, wares, and merchandize, shall be subject to the same forfeitures as goods, wares, and merchandize, are liable to, which are not legally entered and the duties secured to be paid; and for such permit each naval officer shall be entitled to receive two shillings and six pence. | Transporting goods from one district to another. |
| XI. And be it further enacted, That every ship or vessel, which shall at any time hereafter be entered in any district or port within this commonwealth, in order | How the tonnage of vessels shall be ascertained. |
| to unlade the goods or merchandizes imported in her, or in order to lade and take on board any tobacco or other goods or merchandize for exportation out of this commonwealth, that are subject by the laws now in force to pay tonnage, shall be gauged and measured in the manner following, that is to say: Every ship or vessel shall be measured by the length of the gun-deck; deducting three fifths of the greatest breadth from outside to outside, and multiplying the product by the breadth from out to out (and not within board) and that product again by half the said breadth, and that product divided by ninety four, which shall give the true contents of the tonnage according to which method and rule all ships and vessels shall be measured, and the said tonnage shall be computed and collected accordingly; any custom, practice or usage, to the contrary notwithstanding. And the naval officer of each district, where he has reason to suspect that any ship or vessel is registered at less tonnage than her real burthen, shall be empowered to go on board the said ship or vessel and make a measurement of her as above directed. | |
| XII. And be it further enacted, That if any naval officer, sheriff, constable, or any other person, shall be sued or molested for any thing done in execution of the powers given them by any act or acts of assembly, for imposing duties and imposts upon any goods, wares, or merchandize, brought within this commonwealth, such naval officer, sheriff, constable, or other person (as the case may be) may plead the general issue and give this act in evidence; and the defendant shall recover double costs, if the plaintiff be cast in such suit; in all actions, suits, or informations to be brought, or when any seizure of liquors, goods, wares, or merchandize, shall be made, if the property thereof be claimed by any person as the owner or importer thereof, the onus probandi shall lie upon such owner or claimer thereof. | Officers sued, how indemnified. |
| Pages 205-246
| Pages 265-280
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