Pages 380-398
|  Pages 421-438
|
| Pages 380-398
| Pages 421-438
|
| CHAP. XXX. | ||
| ||
| I. BE it enacted, That all the public lands and other public property in and near the city of Richmond, except so much thereof as shall be set apart by the executive for use of the government, shall be sold for money or military certificates, as the commissioners hereafter appointed may judge most for the public benefit; and the money arising from the sales thereof, together with the interest due or to become due on the certificates, shall be applied towards erecting the public buildings on Shockoe hill, agreeable to an act, intituled, "An act for the removal of the seat of government." | Public lands in or near city of Richmond, except those set apart
for use of government to be sold. Proceeds appropriated to erection of public buildings. | |
| II. And be it further enacted, That Nathaniel Wilkinson, Miles Selden, junior, John Harvie, Thomas Prosser, and William Foushee, gentlemen, or any three of them, be appointed commissioners for the better execution of this act; who, before they proceed on the duties of their office, shall enter into bond with security, in a reasonable penalty, payable to the governor for the time being, conditioned for the faithful execution of their trust. The said commissioners shall make immediate application to the executive for the delivery and possession of such of the said lands and property as shall not be reserved for the use of government, and having caused the same to be laid off into lots in such manner as to them may appear most beneficial for the public, shall, making due publication thereof in the Virginia Gazettes, proceed to sell the same for the best price that can be got, either for money on twelve months credit, or for certificates, as aforesaid, payable immediately, at the discretion of the commissioners. For all money sales the said commissioners shall take bond of the purchasers with approved security, and, in default of payment, are authorized to recover the same by judgment, upon motion in any court of record, giving ten days previous notice of such motion. All certificates received by the said commissioners in virtue | Commissioners. Terms of sale. For money or certificates. Proceeds, how disposed of. |
| of this act, shall be by them returned to the public treasury; and the treasurer shall enter the same in his books to their credit in trust, and for the use of the public, paying to the said commissioners the interest due or to become due thereon out of the funds appropriated for that purpose, in the same manner as he would do to individual possessors. All monies received by the said commissioners in virtue of this act, shall be by them paid into the hands of the directors of the public buildings, to be by them applied pursuant to the powers vested in them by the act, "For the removal of the seat of government." And whereas the money arising from the sale of the land and other public property, as herein before directed, may not be sufficient to complete the said public buildings, and the public finances will not admit of an immediate appropriation of a further sum of money in aid thereof, but the completion of the said public buildings may be greatly facilitated by private contribution: | |
| III. Be it further enacted, That the said commissioners be empowered to open and receive subscriptions for that purpose, in such manner and to such amount as the directors of the public buildings shall deem proper; and that the monies thence arising be paid by the said commissioners into the hands of the said directors, and by them applied to the purposes before directed, and to none other. And the directors of the public buildings shall in like manner enter into bond with security, in a reasonable penalty, payable to the governor for the time being, conditioned for the faithful application of all monies by them received. | Subscriptions to be opened by commissioners, under superintendence of directors of public buildings, to aid in the completion of the public buildings. |
| IV. Provided always, and be it further enacted, That nothing herein contained shall be construed to prevent the said commissioners from granting a credit upon all sales for certificates as aforesaid, until the thirty first day of December next; but upon all such sales the said commissioners shall take bond with approved security, and, in default of payment, are authorized to recover the amount thereof, with interest and costs, together with six per centum damages in specie, by judgment, upon motion in any court of record, giving ten days previous notice of such motion; execution upon which judgment shall be issued for and discharged by the payment of the amount in certificates expressed in the condition of such bond, together with interest, costs, | Sales for certificates may be on credit. |
| and the damage in specie, as aforesaid, and not otherwise. | ||
| V. And be it further enacted, That all sales which shall be made by virtue of this act for certificates, shall be by private or public sale, at the discretion of the commissioners, and before the first day of October next. | ||
 CHAP. XXXI. | ||
| ||
| I. FOR the purpose of introducing a more convenient and certin rule
of ascertaining the proportions to be supplied to the common treasury of the United States,
recommended by congress in their act of eithteenth of April, one thousand seven hundred and
eighty-three; II. Be it enacted by the General Assembly, That so much of the eighth of the articles of confederation and perpetual union between the thirteen states of America, as is contained in the words following, to wit: "All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the United States in congress assembled, shall be defrayed out of a commons treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in congress assembled, |
Delegates in congress, from this state, authorized to subscribe and ratify an amendment to the 8th article of the confederation, by declaring that the contributions of the state, to the general treasury, shall be in the proportion of their free white population & three fifths of their slaves, instead of the |
| shall from time to time direct and appoint," shall be revoked and made void on the part of this commonwealth; and in place thereof, it is declared and concluded, the same having been agreed to in a congress of the United States, that all charges of of war, and all other expences that have been or shall be incurred for the common defence or general welfare, and allowed by the United States in congress assembled, except so far as shall be otherwise provided for, shall be defrayed out of a common treasury, which shall be supplied by the several states in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three-fifths of all other persons not comprehended in the foregoing description (except Indians not paying taxes) in each state; which number shall be triennially taken and transmitted to the United States in congress assembled, in such manner as they shall direct and appoint. And the delegates representing this state in congress, or any two of them, are hereby authorized and required to subscribe and ratify the said alteration of the articles of confederation and perpetual union; and the same when subscribed and ratified by the said delegates, and by the delegates of each of the other confederated states, duly authorized therefor, shall be valid and binding as to this commonwealth. | value of their lands and improvements. |
| CHAP. XXXII. An act to restrict foreign vessels to certain ports within this commonwealth. | |
| I. WHEREAS the trade and commerce carried on between the citizens of this commonwealth and foreign merchants, would be placed upon a more equal foundation, and expedition and dispatch thereby the better promoted, if the vessels of foreign merchants trading | Preamble. |
| to this state should be restricted to certain ports and places within the same, in lading and unlading, and the revenue arising from commerce would also thereby be more certainly collected. | |
| II. Be it therefore enacted, That the ships and other vessels trading to this commonwealth from foreign parts, which are the property of other than the citizens of the same, shall enter, clear out, lade and unlade, at the following places, to wit: Norfolk and Portsmouth as one port, Bermuda Hundred, Tappahannock, York Town, or Alexandria, and at no other ports or places therein. And all ships and other vessels trading to this commonwealth, from foreign parts, owned by a citizen or citizens jointly with a foreigner or foreigners, shall also be restricted to enter, clear out, lade and unlade, at the said ports or places, and at none other. All duties payable upon tonnage, and upon goods, wares, and merchandize, imported into this state in such ships or other vessels, shall be paid and accounted for by the master or owner thereof, to the naval-officer or collector at such of the aforesaid ports or places where such ship or other vessel shall enter and break bulk. And if the master or owner of such ship or other vessel shall enter, clear out, lade or unlade, or break bulk at any port or place within this commonwealth, other than those aforementioned, the master or owner of such ship or other vessel shall forfeit and pay double that duty on tonnage and the goods, wares, and merchandize, by him imported, which by law he would be compellable to pay at any of the aforesaid ports; which said double duties shall be paid by such master or owner, in forty-eight hours after his arrival at any other port or place; and for failure thereof, he shall be subject to the like penalty as by law the citizens of this commonwealth are now subject to in case of failure to pay the duties required from them upon the importation of goods, wares, and merchandize; which said penalty shall be recovered and applied in like manner ast he penalty from citizens in the case aforesaid is directed to be recovered and applied. | Foreign vessels restricted to certain ports. Ports designated. Duties payable at those ports only. Penalty for lading or unlading elsewhere. |
| III. And whereas the navigating small country craft by slaves, the property of the owners of such craft, tends to discourage free white seamen, and to encrease |
| the number of such free white seamen would produce public good: | ||
| IV. Be it therefore enacted, That not more than one-third part of the person employed in the navigation of any bay or river craft, below the falls of the rivers, shall consist of slaves. And if the owner of any bay or river craft shall presume to put on board any such craft as navigators, more slaves than the proportion aforesaid, such owner shall forfeit and pay the sum of one hundred pounds for each offence, to be recovered by action of debt or information, in any court of record. This act shall commence and be in force from and after the tenth day of June, one thousand seven hundred and eighty-six. And so much of all acts of assembly, as comes within the purview of this act, shall be repealed. | Not more than one third of crew of river or bay craft, to consist of slaves. | |
| V. Provided nevertheless, That nothing contained in this act shall be so construed as to extend to the navigation of the rivers westward of the Allegany mountains. | Suspension of this act. | |
| CHAP. XXXIII. | ||
| ||
| I. WHEREAS it is represented to this present general assembly that the glebe lands in the parish of Antrim, in the county of Halifax, are for the most part worn out, and are inconveniently situated; that timber sufficient to keep up the repairs, cannot be procured without great expence, and that it would be very advantageous to the inhabitants thereof in general if the vestry of the said parish were empowered to dispose of the said glebe, and to lay out the money arising | Vestry of Antrim parish, in Halifax county, authorised to sell their glebe & purchase another. |
| from the sale thereof in purchasing other lands for a glebe: | |
| II. Be it therefore enacted, That the said glebe lands, with the appurtenances, be, and the same are hereby vested in the vestry of the said parish; in trust nevertheless, that the said vestry, or the greater part of them, shall, by deed or deeds of bargain and sale, sell and convey the said glebe, with the appurtenances, for the best price that can be got, to any person or persons who shall be willing to purchase the same, to hold to such purchaser or purchasers, his or their heirs and assigns, forever. | |
| III. And be it further enacted, That the money arising by the sale of the said glebe shall be by the said vestry laid out and applied towards purchasing a more convenient glebe, for the use and benefit of the minister of the said parish for the time being, forever. | |
| CHAP. XXXIV. An act directing the sale of certain public lands, and for other purposes. |
Amended Oct. 1784, ch. 71. |
| I. BE it enacted, That all the public lands in this commonwealth, except those hereafter mentioned, shall be sold for the use of the public; and for the more effectually carrying this act into execution, | Sale of public lands directed. |
| II. Be it enacted, That Joseph Jones (of King George) Paul Loyall, William Lee, Mann Page, Henry Tazewell, Benjamin Harrison (of Brandon) Thomas Nelson, Miles King, and John Kearnes, gentlemen, shall be, and are hereby appointed commissioners, who shall be authorized and empowered to sell the same, either for money on twelve months credit, or for military certificates payable immediately, at the discretion of the commissioners, giving notice thereof by advertisements inserted in all the news-papers in this commonwealth two months at least previous to such sales, | Commissioners. Mode and terms of sale. For money and certificates. |
| and shall continue such advertisements eight weeks successively. In the case of sales made by the commissioners for money, they shall take bond and security from the purchasers; and in case such purchasers shall make default in the payment thereof, the said commissioners are hereby authorized and empowered to move for judgment against such delinquent debtor in any court of record, upon his bond given as aforesaid; ten days previous notice of such motion being given to such delinquent purchaser. All certificates and money received by the said commissioners by virtue of this act, shall by them be paid into the treasury, to be applied in such manner as the general assembly shall direct. The said commissioners, previous to their entering upon the duties of their office, shall enter into bond with approved security, in the penalty of five thousand pounds, payable to the governor for the time being, and conditioned for the faithful discharge of the trust hereby reposed in them. | Proceeds how recovered and disposed of. |
| III. And be it further enacted, That the lands commonly called the palace lands, adjoining the city of Williamsburg, together with the houses thereon; the lands near the said city commonly called the Vineyard; the lands near Jamestown, in the county of James city, so far as the public interest therein extends; together with all the lots and houses in the said city which are the property of this commonwealth, and not already granted to individuals, or appropriated at ths time to some public uses, shall be, and the same are hereby vested in the president and professors of William and Mary university for ever, with power to the said president and professors to sell or dispose thereof in any manner they shall judge best for the interest and advantage of the said university. Provided always, That the president and professors of the said university shall in all things respecting the said property, be subject to the controul and direction of the visitors appointed to govern the said university. The said commissioners shall immediately after each sale, transmit to the executive an exact and accurate state of the lots sold, to whom, when payable, distinguishing against each whether sold for specie or military certificates, and to pay the money arising from such sales into the public treasury within twenty days after they shall have received the same, deducting a commission of one per centum for their trouble; | Palace lands, adjoining Williamsburg the Vineyard, lands near
James Town, and lots in Williamsburg belonging to the public, vested in William and Mary
University. To be disposed of, under controul of visitors. Commissioners to report to executive, and pay proceeds into tressury. |
| and on failure to pay the money by them received as aforesaid, the solicitor is hereby empowered to recover the same, together with ten per centum damages and interest thereon; by motion in the general court, on giving the party ten days previous notice. | Their allowance. Remedy, for non-payment. |
| IV. And be it further enacted, That the said commissioners, or a majority of them, shall, and they hereby authorized and empowered, to sell and dispose of the lands commonly called Gosport, adjoining the town of Portsmouth, in manner aforesaid, except such part thereof as in their opinion may be necessary for the use of the public, taking care to lay off the said lands into lots, so as to make them uniform with the town of Portsmouth. Provided, That all sales which shall be made for certificates may be by private or public sale, at the discretion of the commissioners; and that nothing in this act contained shall be construed to prevent the said commissioners from granting a credit upon all sales for certificates aforesaid until the first day of December next: but upon all such sales, the said commissioners shall take bond with approved security, and in default of payment are authorized to recover the amount thereof with interest and costs, together with six per centum damages in specie, by judgment, upon motion in any court of record, giving ten days previous notice of such motion; execution upon which judgment shall be issued for and discharged by the payment of the amount in certificates expressed in the condition of such bond, together with interest, costs, and the damages in specie, as aforesaid, and not otherwise. And whereas it hath been represented to the present session of assembly, that if permission was granted to the corporation of the city of Williamsburg to raise a sum of money by lottery, it would conduce to the interest and advantage of the grammar school established under the direction of the said corporation: | Gosport lands adjoining Portsmouth, to be laid off into lots,
uniform with the town & sold. Mode and terms of sale. Proceeds, how recovered and disposed of. |
| V. Be it therefore enacted, That the mayor, recorder, aldermen, and common council, to the said city, may and they are hereby authorized and empowered, to raise by lottery any sum of money they shall judge necessary for the use and better support of the said grammar school; provided that such sum shall not exceed two thousand pounds. | Lottery for benefit of grammar school in Williamsburg authorised. |
| CHAP. XXXV. An act directing the mode of suing out and prosecuting writs of habeas corpus. |
From revised Bills of 1779, chap. LIX. |
| I. BE it enacted by the General Assembly, That when soever a habeas corpus shall be served, by delivering it to the officer or other person to whom it is directed, or by leaving it at the gaol or prison in which the party suing it out is detained, unless the warrant of commitment plainly and specially express the same to have been for treason or felony; if the charges of bringing the prisoner, to be ascertained by the court or judge who awarded the writ and thereon endorsed, not exceeding twelve pence per mile, be paid or tendered, and sufficient security to pay the charges of carrying him back in case he be remanded, and that he will not escape by the way, be given; then the officer or his deputy, within three days after such service, or if the prisoner is to be brought more than twenty miles, within so many days more as will be equal to one day for every twenty miles of such further distance, shall make return of the writ, and bring the body of the prisoner, or cause it to be brought, before the proper judge or judges, according to the command thereof; and shall then likewise certify the true causes of his detainer or imprisonment. Every such writ shall be signed by him who awards it. And if any person shall be or stand committed or detained as aforesaid, for any crime, unless it be for treason or felony, plainly expressed in the warrant of commitment in the vacation time, the prisoner not being convict, or in execution by legal process, or any one on his behalf, may appeal and complain to any judge of the high court of chancery or general court, who, at the request of such prisoner, or other person on his behalf, attested by two witnesses present at the delivery thereof, is hereby authorized, upon view of a copy of the warrant of commitment or detainer, or otherwise upon affidavit made that such copy was desired to be given by him in whose custody the prisoner is detained, to award and grant a habeas corpus, under the seal of the said court, to be directed | Mode of suing out and prosecuting writs of habeas corpus. |
| to the officer in whose custody the party committed or detained shall be, returnable immediately before the said judge, or any other judge of one of the said courts; and upon service thereof as aforesaid, the officer or his deputy, in whose custody the party is so committed or detained, shall, within the times before respectively limited, bring the prisoner before the court, or one of the judges thereof, before whom the writ is made returnable, or in case of his absence, before any other of them, with the return of the writ and the true causes of the commitment and detainer; and thereupon the judge before whom the prisoner shall be brought, shall, within two days thereafter, discharge him from imprisonment, taking his recognizance with surety in any sum, according to the discretion of the judge, having regard to the circumstances of the prisoner, and nature of the offence, for his appearance in the general court the term following, or in some other court where the offence is properly cognizable, as the case shall require; and then also certify the said writ with the return thereof, and the said recognizance into the said court where such appearance is to be made, unless it shall appear to the judge that the party so committed is detained upon a legal process order or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said judges, or some justice of the peace, for such matters or offences, for the which, by the law, the prisoner is not bailable. If any person shall have wilfully neglected, by the space of two terms after his imprisonment, to pray a habeas corpus for his enlargement, such writ shall not be granted to him in vacation, in pursuance of this act. Any officer neglecting or refusing to make the return aforesaid, or to bring the body of the prisoner according to the command of the writ within the time aforesaid, and not delivering a true copy of the warrant of commitment and detainer, within six hours after demand thereof made, to the prisoner, or person demanding it on his behalf, which copy the officer or his deputy is hereby required to deliver, shall forfeit to the prisoner, one hundred pounds; to recover which, the right of action shall not cease by the death of either or both the parties. No person who shall have been delivered upon a habeas corpus, shall afterwards |
| be imprisoned or committed for the same offence, otherwise than by the order or process of the court wherein he shall be bound by recognizance to appear, or some other court having jurisdiction of the cause. A citizen of this commonwealth committed to prison in custody of an officer for any criminal matter, shall not be removed from thence into the custody of another officer, unless it be by habeas corpus, or some other legal writ, or where the prisoner shall be delivered to the constable, or other inferior officer, to be carried to some common gaol, or shall be sent by warrant of an alderman to some common work-house, or shall be removed from one place to another within the same county, in order to his discharge or trial, in due course of law; or in case of sudden fire or infection, or other necessity, or where the prisoner shall be charged by affidavit with treason or felony, alledged to be done in any of the other United States of America, in which last case he shall be sent thither in custody, by order of the general court, or warrant of any two judges thereof in vacation time, or may be bound by recognizance, with sureties before them, to appear there, whichsoever shall seem most proper, if the said court or judges, upon consideration of the matter, shall think he ought to be put upon his trial. Any person as aforesaid may move for and obtain his habeas corpus, as well out of the high court of chancery as out of the general court: And if any judge of either of the said courts in the vacation time, upon view of the copy of the warrant of commitment or detainer, or upon affidavit made, that such copy was denied as aforesaid, shall refuse any writ of habeas corpus by this act required to be granted, being moved for as aforesaid, such judge shall be liable to the action of the party grieved. |
| CHAP. XXXVI. An act for appointing public notaries. | |
| I. WHEREAS it will be for the ease and convenience of the inhabitants of this commonwealth, and all others trading hither, that public notaries should be appointed: | Notaries public, how appointed. |
| II. Be it therefore enacted, That the governor, with the advice of council, for the time being, is hereby empowered and required to nominate and appint so many notaries public as to him shall seem necessary; and upon the death, resignation, or removal of anys uch notaries public, to appint others in his or their room; which said notaries public shall hold their respective offices during good behaviour, and shall use and exercise the said office of notary public for such places and within such limits and precincts as the governor and council shall direct, to whose protestations, attestations, and othe rinstruments of publication, due credence is hereby given. Provided nevertheless, That every notary public shall, previous to his executing the said ofice, give bond to the governor for the time being, in the penalty of fivehundred pounds, conditioned for the due dicharge of his said office; and shall, in the high court of chancery, the general court, or the county court of his precinct, take the oath of fidelity to this commonwealth, and also an oath that he will, without favor or paritality, honestly, diligently, and faithfully, discharge the duties of [a] notary public. | Bond & oath. |
| III. And be it further enacted, That every public notary shall and may demand and receive, for every attestation, protestation, and all other instruments of publication under his seal of office, the sum of five shillings, and no more; and for recording in a book to be kept for that purpose, each attestation, protestation, and all other instruments of publication, the sum of five shillings, and no more. | Fees. |
| CHAP. XXXVII. An act for establishing an inspection of hemp. | |
| I. WHEREAS making good and merchantable hemp, fit for exportation, will not only afford this commonwealth a very considerable branch of commerce, but add greatly to the maritime strength of the same, which can only be effected by an inspection thereof established by law: | |
| II. Be it enacted by the General Assembly, That public ware-houses for the reception of hemp, pursuant to this act, shall be kept at the places herein after mentioned, that is to say, at or near the city of Richmond, and towns of Alexandria and Fredericksburg. And it shall and may be lawful for the justices of the courts of the counties wherein such inspections are established, and they are hereby required, upon the receipt of this act, to choose out a proper place for erecting good and sufficient ware-houses for the receipt to all hemp which may be brought to the same; and they are hereby required to cause the owner or proprietor of the said place, or in case of the absence or inability of such owner, his or her agent or attorney to be summoned to appear before them at the next succeeding court, thereto declare whether they will undertake to erect good and sufficient houses for the storage of hemp; and in case such owner, agent, or attorney, will undertake the same, then the said court shall, and they are hereby required to take bond with security, in a reasonable penalty, payable to the governor for the time being, with condition for the due performance of such undertaking; and if such owner, agent, or attorney shall refuse to undertake the same, or give bond as aforesaid, then the said court shall, and they are hereby required and empowered to agree with some person or persons, to erect good and sufficient store houses for the reception and preservation of hemp which may be brought to the same, and shall certify the charge thereof to the treasurer of this state, who is hereby directed and required to pay the same, out of the revenue arising from the two tenths of the tax on free male tithables, and all taxable property | Warehouses, for the inspections of hemp
established. How warehouses to be erected. |
| not appropriated; provided such sum shall not exceed twelve hundred pounds. | |
| III. And be it further enacted, That the courts of the counties wherein any ware-houses for the receipt of hemp shall be established by this act, are hereby required to appoint a fit and able person to have the care and charge of the said ware-house, whose business it shall be carefully to inspect and examine all hemp which shall be brought to his ware-house, by opening each bundle, and separating that which shall be strong, dry, and clean, from that which shall be unsound and unfit for exportation; and shall moreover distinguish all such sound hemp for the terms of water rotted, winter rotted, and summer rotted, and specify in the note which he shall give, of which quality the hemp is; and all hemp unfit for cordage, except such as shall be rotten, shall be baled up and set apart for the purpose of caulking vessels, and no other; and the note to be issued for such hemp, shall specify the same. | Inspector, his appointment and duty. |
| IV. And be it further enacted, That all hemp, sound and merchantable, separated as above directed, shall be prized in bales of three and a half feet square, with a label annexed thereto, stamped with the weight of each bale, and the name of the owner, which weight and owner's name shall be entered in a book kept for that purpose; and he is hereby required to give a certificate in form following to wit: "I, A. B. do certify that has deposited pounds of well conditioned merchantable hemp (of the qualities before described, as the case may be) passed inspection at the ware-house in , of which I am inspector. Witness my hand, &c." | Hemp to be prized in bales, and labelled. |
| V. And be it further enacted, That if any inspector appointed in pursuance of this act, shall deliver any hemp, but by order of the owner, or shall fail to give the receipt aforesaid, or shall otherwise fail in his duty as inspector, shall forfeit and pay to the party grieved, fifty pounds, to be recovered by action of debt, in any court of record. | Penalties on inspector. |
| VI. And be it further enacted, That no hemp of the growth or produce of this state shall be transported from the same by water, until the same hath been first viewed and examined agreeable to the directions aforesaid, at one of the ware-houses to be appointed by this act: And if any person whatsoever shall presume to | Hemp not to be transported till inspected. |
| carry or transport from this state by water, any hemp not inspected and declared to be sound and merchantable, such offenders shall forfeit and pay twelve pounds for every five hundred pounds, and in proportion for a greater or less quantity so exported, recoverable by bill, plaint, or information, before any court of record; one half to the informer, and the other half to the commonwealth. And to prevent the manufacturing of unsound hemp when this state, | |
| VII. Be it further enacted, That the owner or owners of all rope-walks within the same, shall not manufacture into cordage, any hemp not inspected as aforesaid; and if any owner or owners shall presume to manufacture into cordage, any hemp which shall not first have been viewed and examined, and passed at some one of the public ware-houses by this act appointed, every such person shall forfeit all such uninspected hemp; one half to the use of the informer, the other half to the use of the commonwealth. | Nor manufactured at rope walks. |
| VIII. And be it further enacted, That when any hemp shall be refused by the inspectors, the proprietor shall be at liberty to clean the same, and to separate the sound from the unsound, if any part thereof shall by the inspector be deemed merchantable, and upon his refusal or neglect so to do, within thirty days, then the inspectors may employ any person to clean and separate the same, and give the owner credit for so much thereof as shall be found merchantable, after paying the person or persons employed in cleaning the same, one eighth part of the quantity thus cleaned. | Refused hemp may be picked. |
| IX. And be it further enacted, That the inspectors at any of the store-houses to be by this act established, shall and may demand and receive for their services as inspectors, one shilling and three pence for every hundred pounds by them received, which shall be paid at the time of delivering the same, by the exporter or manufacturer within the state, one half of which to be paid to the treasurer of this commonwealth, or the owner of the ware-house, as the case may be, quarterly, under the penalty of forfeiting to the commonwealth, or the owner, one hundred pounds, recoverable on motion before any court of record within this commonwealth, on giving ten days previous notice of such motion. | Fees of inspector. |
| X. And be it further enacted, That the inspectors shall previous to the execution of their office, take | Oath of inspector. |
| the following oaths: "You shall swear diligently and carefully to receive and examine all hemp brought to the ware-house where you are inspector; and that you will not pass any hemp that is not in your judgment sound, well conditioned, merchantable, and clear of trash; nor pass or mark any bale of hemp contrary to the intent and meaning of this act; nor refuse any hemp that in your judgment is sound, well conditioned, and fit for exportation; and that you will not alter or give out any hemp other than that for which the receipt to be taken was given; but that you will in all things well and faithfully discharge your duty in the office of an inspector according to the best of your skill and judgment, agreeable to the directions of this act, without fear, favor, affection, malice, or partiality." So help you God. | ||
| XI. And be it further enacted, That if any county court shall fail or refuse in directing such houses as are necessary, and also providing screws, scales, and other necessary conveniences, at the places to be appointed by this act, which they are hereby authorized to do out of the funds aforesaid, shall forfeit and pay three hundred pounds; to be recovered with costs by action of debt or information against such justices jointly, one moiety to the prosecutor, the other moiety to the commonwealth. | Penalty on courts for neglect of duty. | |
| CHAP. XXXVIII. | ||
| ||
| I. WHEREAS by the eighth of the articles of confederation and perpetual union, it is agreed and declared, that all charges of war, and all other expences for the common defence or general welfare, allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be | Preamble. |
| supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated, according to such mode as the United States in Congress assembled, shall from time to time direct and appoint. And whereas the proposition made by the United States in congress assembled, for changing the said rule of apportionment, and agreed to by this state, may not meet with the unanimous concurrence of the several states, and measures ought therefore to be taken for carrying the said eighth article into execution: And whereas also, with this view the United States in congress assembled, have, by their act of February the seventeenth, one thousand seven hundred and eighty-three, called upon the legislature of each state for a just and accurate account of the quantity of land therein, granted to or surveyed for any person, the number of buildings thereon, distinguishing dwelling houses from other buildings, and the number of inhabitants, distinguishing white from black: And whereas, by the laws now in force, the quantity of land and the number of black inhabitants within this commonwealth are already ascertained: | |
| II. Be it therefore enacted, That the courts of each county and corporation within this commonwealth, shall, at their court to be held in the month of August or September next, proceed to lay off and divide the county or corporation into convenient precincts, and at the same time shall appoint one justice of the peace for each precinct, to take a list from each person within the same of the number of white persons in each family therein, and the number of buildings, distinguishing dwelling-houses from other buildings. Every justice so appointed, shall give public notice at what place or places within his precinct he intents to receive the said lists, by advertising the same at the most public place within such precinct; and shall, on or before the first day of March next, deliver to the clerk of the county or corporation court, a fair list of the buildings upon the lands, and of the number of white persons therein, , from which list so delivered in, the clerk shall make out a fair copy, and deliver the same, or cause it to be delivered, to the governor on or before the first day of May next; and the governor shall, as | Quantity of land, value of improvements, and census of inhabitants of Virginia, how taken. |
| soon as complete copies of all such lists shall be delivered to him, transmit the same, together with an account of the quantity of land and numbered of black persons within this commonwealth, to the United States in congress assembled. Every owner of a family, or in case of his or her absence or non-residence at the plantation, the overseer of the same neglecting or failing to deliver, or cause to be delivered, to the justice appointed for that precinct, such list as aforesaid on or before the first day of January, shall forfeit and pay ten pounds; to be recovered with costs by information in the court of the county or corporation where such neglect or failure may be, and applied towards lessening the county levy. Every justice or clerk of a court refusing or failing to perform the duties respectively required of him by this act, shall forfeit and pay fifty pounds; to be recovered and applied in like manner as is herein before directed in the case of other forfeitures. Where any county court within this commonwealth may have already proceeded to lay off their county into precincts, under the act passed at the May session of assembly, one thousand seven hundred and eighty-two, intituled, "An act to ascertain the number of people within this commonwealth," they shall notwithstanding lay off and divide the same again, and perform the duties respectively required of them by this act, in the same manner as if the said recited act had not been made. All and every act or acts, contrary to the purview and meaning of this act, shall be, and the same are hereby repealed. | |||||
| CHAP. XXXIX. | |||||
|
See May, 1782 ch. 50, ante, pa
93. Further provision for redeeming military and other certificates. |
| hath expired, and many certificates being yet in the hands of the citizens, for the redemption of which no provision hath been made, it becomes necessary to revive and amend the said act: | |
| II. Be it therefore enacted by the General Assembly, That there shall be paid a tax of one per cent. for every hundred pounds, and so in proportion for a greater or lesser sum, of the valuation of all lands and lots as the same is charged under the act for equalizing the land tax; also a tax of ten shillings by every free male person above the age of twenty one years who shall be a citizen of this commonwealth; and also the like tax of ten shillings upon all slaves above the age of sixteen years, to be paid by the owners thereof, except such free persons and slaves as shall be exempted by the respective county courts through age or infirmity; also two shillings for every horse, mare, colt, and mule; also three pence per head for all cattle; also five shillings per wheel for all coaches, chariots, phaetons, four wheeled chaises, stage wagons for riding carriages, chairs, and two wheeled chaises; also fifteen pounds for every billiard table, and four pounds for every ordinary licence; over and above the taxes imposed by any act or acts of assembly. The court of every county shall before the month of January annually, take bond of the sheriff with sufficient security, in the penalty of ten thousand pounds, payable to the treasurer of this commonwealth for the time being, and his successors, for the use of the commonwealth, and conditioned for the true and faithful collecting, paying, and accounting for all the taxes in his county hereby imposed; and the said bond shall be recorded in the court of the county of the county where the same is taken, and an attested copy thereof shall be transmitted by the respective clerks without delay to the auditors of public accounts, and admitted as evidence in any suit or proceeding founded thereon; and the said sheriff shall, from and after the last day of January in every year, distrain for and pay the taxes hereby imposed in his said county, under the like regulations, allowances, and penalties, as are prescribed by an act, intituled, "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." Provided nevertheless, That the commissions to sheriffs for collecting the said taxes, shall | Additional taxes. On lands. Poll tax. On slaves. Horses. Cattle. Carriages. Billiard tables. Ordinary licences. Bonds to be taken of sheriffs. Certified copy evidence. Taxes when distrainable. |
| be payable in kind. Every person and persons chargeable with the said taxes, shall pay the same to the sheriff or collector, either in Spanish milled dollars at the rate of six shillings each, or in other current silver or gold coin at a proportionate value, or in military audited certificates, or in treasury tobacco notes which were payable to enlisted under the act for auditing certain public claims, or in any other audited specie warrants or certificates; and that every person upon paying the said taxes in any manner as before directed, shall be discharged thereof, and may demand and receive of the sheriff or collector a receipt or discharge accordingly. | Sheriffs commissions. Taxes in what payable. |
| Pages 380-398
| Pages 421-438
|