Pages 299-319
|  Pages 339-361
|
| Pages 299-319
| Pages 339-361
|
| CHAP. XLI. An act for placing the naval officers on the civil list. | |
| I. WHEREAS the profits arising to the naval officers, are much larger in many instances than the legislature expected at the time the officers were appointed, and it being expedient to give every aid to the public revenue, where the same can be attained with justice, and without increasing the burthens of the good citizens of this commonwealth: | Preamble. |
| II. Be it therefore enacted by the General Assembly, That from and after the twentieth day of January, one thousand seven hundred and eighty seven, the several naval officers, in lieu of their former commissions and fees, shall have and receive the following salaries annually that is to say: The naval officer for Elizabeth river district, three hundred pounds; the naval officer for James river district, two hundred pounds; the naval officer for York river district, one hundred and fifty pounds; the naval officer for Rappahannock district, two hundred pounds; the naval officer for Potowmack district, two hundred and fifty pounds; the naval officer for Accomack district, fifty pounds; and the naval officer for Northampton district, fifty pounds; to be paid quarterly, and in like manner as the salaries of other officers of civil government: And moreover there shall hereafter be paid and allowed to each of the said naval officers a commission of one per cent. on all monies by them respectively received and paid into the treasury, by virtue of their office, and also a commission of three fourths of one per cent. on the amount of all bonds for duties by them taken. And whereas great inconveniences | Naval officers placed on the civil list. Salaries. |
| arise by vessels being allowed to run up James river, without making entry before they get to Bermuda hundred: For remedy whereof, | ||
| III. Be it enacted, That the master or commander of all vessels coming from sea, or Maryland, into Hampton road, shall be at liberty to enter and clear such vessels with the naval officer either at Hampton or Norfolk; any law to the contrary, notwithstanding. | Vessels may clear out at Norfolk or Hampton | |
| IV. And be it further enacted, That each naval officer shall reside at the port or place where his office is kept, shall attend to the duty of his said office, and shall not directly or indirectly be concerned in trade. | Naval officers to reside where office kept. | |
 CHAP. XLII. | ||
| ||
| I. FOR the better securing the revenue, arising from duties on imports and exports, whereby the burthen of taxes upon the people may not be encreased, and for regulating the trade of this commonwealth, whereby foreigners may be placed on a more equal footing, and the increase of seamen in this state be promoted by a due attention to internal navigation for the extension of the commerce thereof; | Foreign vessels restricted to certain ports. | |
| II. Be it enacted, That from and after the first day of April next, the following places shall be, and the same are hereby established as ports of entrance and clearance for all ships and other vessels coming from or going to any port or place without this commonwealth, that is to say: For the district of Elizabeth river, the port of Norfolk, for the district of James river, the port of Hampton; for the district of York river, the port of York; for the district of Rappahannock river, the port of Urbanna; for the district of South Potowmack, for all vessels coming from or going to sea, any part of the | Ports of entry and clearance. |
| Chesapeak bay, or any part of the Maryland shore below Point Look-Out, at the port of Yocomico; all vessels coming from or going to any part of the Maryland shore above the said Point Look-Out, at the said port of Yocomico or at the port of Alexandria; (provided that in all cases of entrance or clearance at Alexandria, the same shall and may be made with the deputy appointed by the naval officer of the said district); for the district of Accomack, at Accomack court-house; and for the district of Northampton, the port of Cherryston. And that all vessels coming into or going out of this commonwealth shall proceed to one or other of the said ports, and shall there be subject to such regulations as are or may be by law established. And the masters or owners of such vessels shall perform and do all things which shall be lawfully demanded of them, or either of them, by the naval officers residing at the said ports respectively. And no ship or other vessel coming into or going out of this commonwealth, shall break bulk or sail from thence without a legal permit for that purpose first obtained from the naval officer at the port within the district into which such vessel shall enter, or from which such vessel may go. | |
| III. And be it further enacted, That the following places shall be, and the same are hereby established as ports of delivery for the lading and unlading of all vessels coming into or going out of this state, that is to say; For the district of Elizabeth river, the ports of Norfolk or Portsmouth; for the district of James river, the ports of Bermuda-Hundred or City Point; for the district of York-river, the port of West-Point; for the district of Rappahannock river, the port of Tappahannock; for the district of Potowmack river, the ports of Alexandria and mouth of Quantico; for the district of Accomack, at Follys landing and Onancock; and for the district of Northampton, at Cherryston. | Ports of deliver. |
| IV. Provided always, and be it further enacted, That any vessel built within the United States, and wholly owned by any of the citizens thereof, shall and may lade at any port or place within this commonwealth, with any article or articles for exportation; and that no vessel coming into any of the aforesaid districts from any port or place without this commonwealth, or going from hence to any port or place without the same, except as before is excepted and provided for, shall be | Exemption as to vessels of United States. |
| permitted to break bulk or unlade or lade on board any goods, wares, or merchandize whatsoever, at any other port or place within the said districts nor until a permit for that purpose be obtained, and all lawful duties, tonnage or imposts, paid or secured to be paid as the law shall direct; and moreover the said vessels and the goods, wares, or merchandise laden therein, and the masters, owners, and crews thereof, shall be subject to, and shall do and perform all manner of regulations and things established or to be established or to be established or required by law at the aforesaid ports of delivery. Any master or owner of any vessel aforesaid, or any owner, importer, or exporter, of any goods, wares, or merchandise aforesaid, wilfully neglecting or refusing to comply with this act, shall forfeit the vessel or goods, wares, and merchandise, as the case may be; one half to the commonwealth, and the other half to the informer, to be recovered by information in the court of admiralty. | |
| V. And be it further enacted, That all persons owning any river or bay craft, except vessels employed as ferry boats, shall register the same with the clerk of the court of the county or corporation in which such owner may reside, together with the name of skipper thereof, and the number of men employed therein, not more than one half of whom shall be slaves; and shall obtain a copy of such register from the clerk of the county aforesaid; and every owner, master or skipper of such river or bay craft when employed by the owner or master of any vessel at the ports aforesaid, shall deliver to such owner or master employing the same, if demanded, a certified copy of the said register under his hand, and shall be answerable for the safe keeping and delivery of all goods, wares, and merchandise, received on board such river or bay craft, damage from winds and weather excepted, according to the order of the person shipping the same on board thereof; and for default therein, shall forfeit and pay the full value of such goods, wares, and merchandise, with damages to the party grieved. And if any owner or master of any vessel at the ports aforesaid, shall employ any river or bay craft, not having such register, it shall be at the risque of the party employing the same; and the owner or skipper of such river or bay craft, not having such register, or not conforming thereto in manning the | River and bay craft to be registered. |
| same when in service, shall forfeit and pay the sum of ten pounds, recoverable by information in any court of record within this commonwealth; one half to the informer, and the other half to the commonwealth aforesaid. If any person, not being a citizen of this commonwealth, or some one of the United States, and resident therein for the term of five years, be owner or part owner of any vessel employed as river or bay craft, such vessel shall be forfeited, together with her rigging, tackle, apparel and furniture; one half to the informer, and the other half to the sue of the commonwealth, recoverable in the court of admiralty. | ||
| VI. Provided nevertheless, that nothing contained in this act, shall be construed so as to extend to the navigation of any river in this commonwealth above tide water, or to prevent the owner of any boat or flat from transporting any article of his own growth or manufacture therein. | Not to extend to rivers above tide water. | |
| VII. And be it further enacted, That the district of South Quay shall be a separate district as heretofore established; and that the executive be, and they are hereby authorised to appoint a naval officer for the same, who shall keep his office at the port of South Quay, and shall be entitled to a salary of forty pounds per annum, with a like commission on the duties paid or secured to be paid to him, with the other naval officers. | District of South Quay. | |
| VIII. And be it further enacted, That so much of all and every other act and acts of assembly, as comes within the purview of this act, shall be and the same is hereby repealed. | ||
| CHAP. XLIII. | ||
| ||
| I. WHEREAS it hath become necessary to amend the laws for appropriating the public revenue, and to condense the several appropriations thereof into one act: | Appropriation of public revenue. |
| II. Be it enacted by the General Assembly, That the money arising from the tax on free male tithables and taxable property, the tax on wheels only excepted, shall as heretofore, form a general fund; ten thousand pounds of the amount of which shall be at the disposal of the executive, to defray the contingent charges of government; and one thousand pounds shall be subject to the votes of the general assembly, as the public exigencies may require: From the taxes forming the said funds, shall be paid by the sheriffs, according to an act, intituled "An act to amend an act, intituled an act concerning pensioners," the pensions due to wounded or disabled officers and soldiers: From the said fund shall also be paid in the next instance, the salaries due to the officers of civil government, including the salaries to the naval officers, and the allowances made by the executive to the searchers: All warrants heretofore drawn, or which may hereafter be drawn, for the payment of money lent the public on the requisition of the general assembly, in the session held in May, one thousand seven hundred and eighty, or of Thomas Jefferson, esquire, then governor of this commonwealth, shall also be paid out of the said fund: The interest arising on the loan-office debt registered in the auditor's office on or before the first day of May, one thousand seven hundred and eighty-five, shall also be made good out of the said fund, warrants for such interest being annually issued agreeably to law: All arrearages due to military pensioners, and all warrants heretofore drawn on the general, military, or contingent funds, shall be made good out of the said fund. And all sums of money voted by the general assemhly during the present session, and not otherwise provided for, and all former votes not otherwise provided for, shall be made good out of the said general fund: −− The said fund shall also be chargeable with the warrants heretofore issued, and which may hereafter be issued to venire-men and witnesses for their attendance on criminal prosecutions, and to apprehenders of horse stealers. | Of property tax. |
| III. And be it enacted, That the money arising from the tax of one and a half per centum on lands and unimproved lots, shall be applied as follows: One tenth part thereof shall be applied to the redemption of the paper money funded conformably to the recommendation of congress, of the eighteenth of March, one thousand | On land tax. |
| seven hundred and eighty: The interest arising on the paper money of this state, funded at the rate of one thousand pounds paper for one pound specie, shall also be made good out of the said tax; and all the rest of the money, arising lands and unimproved lots, and all the money arising from one half of the slave tax, shall be paid in discharge of this state's quota of the requisition of congress, of the second of August, one thousand seven hundred and eighty-six, amounting to two hundred and seventy four thousand seven hundred and seven dollars indents, and three hundred and seventy one thousand one hundred and thirty-six dollars specie, after compleating the payment of the requisition of congress, of September the twenty seventh, one thousand seven hundred and eighty-five: Provided, That if the amount of the aforesaid indents in the hands of the treasurer, shall on the first day of July next, fall short of the aforesaid sum of two hundred and seventy-four thousand seven hundred and seven dollars, the deficiency shall be paid by the treasurer in Spanish milled dollars, or other silver or gold coin equivalent thereto. | |
| IV. And be it further enacted, That all money arising under the act, intituled "An act imposing new taxes," which shall be specie only, shall be applied in aid of the funds hereby appropriated to the payment of the requisition of congress of the second of August, one thousand seven hundred and eighty six, except so much of the tax upon improved lots as arises within the borough of Norfolk, which shall be applied annually to the payment of the debt due from the public to the said borough, for public buildings belonging to the said borough destroyed by order of convention, until the value of them shall be fully paid. And whereas, in the present emergency of affairs, it it [is] necessary to make the most ample provision for the punctual and speedy discharge of the said requisition; | Of new taxes. |
| V. Be it therefore enacted, That in case the funds hereby appropriated to that purpose shall prove deficient, such deficiency shall be supplied by the general fund; and if there shall be any surplus in the said funds, such surplus shall be applied in aid of the general fund. | If funds deficient. |
| VI. And be it further enacted, That the treasurer of this commonwealth shall transmit to the board of | Treasurer to transmit |
| treasury of the United States, once in every month, a state of all sums paid by him on account of the United States to their commissioner of the loan-office, or to such other person or persons as may be duly authorised to receive the same, expressing the dates and amounts of the respective payments, and distinguishing the sums paid in actual money, from those paid in indents. And whereas congress have directed every commissioner of the continental loan-office, previously to settling and issuing certificates as aforesaid for the interest due on certificates of liquidated debts, other than loan-office certificates, to administer an oath or affirmation, or require a certificate by one of the persons whom the state in which the commissioner resides, shall in the legislative act complying with the requisition aforesaid of the second of August, one thousand seven hundred and eighty-six, appoint, that he has administered to the owner or possessor of every such certificate an oath or affirmation, that the same is bona fide the property of the particular state in which the said commissioner resides; or of a citizen or citizens of the said state; or of some corporate body or charitable institution within the same; or of some person who is not a citizen of any of the United States; describing the certificates alluded to in every such oath or information, in such manner as shall be necessary to indentify the same, and it becomes therefore necessary to authorise certain persons to administer such oath or affirmation in this state: | monthly statements of payments to U. States. |
| VII. Be it therefore enacted, That every justice of the peace within this commonwealth, shall be, and it is hereby authorised and empowered, to administer such oath or affirmation, and to give a certificate thereof according to a form which the commissioner of the continental loan-office in this state shall prescribe, and publish six weeks successively in the public newspapers of this state. | Justices authorised to administer oaths in relation to United States' certificates. |
| VIII. And be it further enacted, That every person chargeable with the revenue tax, for one thousand seven hundred and eighty-six, under the act "To amend and reduce the several acts for ascertaining certain taxes and duties, and for establishing a permanent revenue, into one act, may pay, as heretofore, one third part of such taxes in certificates granted by the commissioner of continental loans in any of the United | One third of taxes payable in U. States' certificates. |
| States for the interest due upon the loan-office certificates, or upon other certificates of the liquidated debts of the United States; and every sheriff or collector upon payment thereof into the public treasury, shall be allowed a discount for all such interest certificates so by him collected. Provided always, That the amount thereof shall not exceed one third part of the taxes by him collected. | |
| IX. And be it further enacted, That one half the money arising from the tax on slaves shall, as heretofore, be applied to the payment of the interest due on the certificates issued to the army and navy of this state for their arrears of pay and depreciation. The duty of four shillings per hogshead on tobacco exported shall also, as heretofore, be applied in aid of the said half of the slave tax; and the duties on enumerated articles shall, as heretofore, be appropriated to the same purposes, and the money paid into the fund hereby established for the payment of the interest on the military debt, in the course of the year one thousand seven hundred and eighty seven, shall be subject to the discharge of all warrants heretofore issued, or which may be issued in the course of the said year, for interest on the said debt. And whereas the situation of public affairs renders it impracticable to pay any part of the principal of the certificates granted to the army and navy for their arrears of pay and depreciation, and it is judged absolutely necessary for the support of public credit that the fullest assurance should be given for the punctual payment of the interest of those certificates; | Appropriation of slave tax, and duties on tobacco and goods. |
| X. Be it therefore enacted, That if the money arising from half the slave tax for the year one thousand seven hundred and eighty six, which was distrainable for on the first day of January, one thousand seven hundred and eighty seven, and from the duty of four shillings per hogshead on tobacco exported, and the duties above appropriated in aid of the said tax and duty, shall prove inadequate to the payment of such interest, such deficiency shall be supplied out of the general fund; and if there should be any surplus arising in the said fund, over and above the payment of the warrants heretofore issued, or which may hereafter issue in the course of the year one thousand seven hundred and eighty seven, for the said interest, all such | Interest on certificates to be paid. |
| surplus shall be applied in aid of the general fund, which interest warrants on military certificates shall be receivable in all taxes whatsoever, except the taxes on law process. And whereas ten thousand pounds have been applied to the purchase of arms and ammunition, agreeably to an act, intituled "An act for the purchase of arms and ammunition for the defence of the state," passed in October, one thousand seven hundred and eighty four, to the reimbursement of which the money arising from the land office hath been heretofore appropriated. | |
| XI. Be it enacted, That the money arising from the said office after reimbursing the said ten thousand pounds, shall be applied in aid of the general fund. | Revenue of land office appropriated. |
| XII. And be it further enacted, That the tax on law process and alienations shall be appropriated, as heretofore, to the payment of the debts due from this state to foreign creditors, together with the two and an half per centum on merchandise imported, until the warrants for eighty thousand pounds directed to be issued in favor of the said creditors, by the act passed at the last session of assembly, intituled "An act to amend the act, intituled an act to amend and reduce the several acts of assembly for appropriating the public revenue, into one act," shall be compleatly redeemed: And in further aid of this fund, shall be applied the balance which may yet be due on account of the sale of the Gosport lands. | Of law process. |
| XIII. And be it further enacted, That two thousand pounds, arising from the tonnage on vessels, shall be appropriated to defraying the charges of the boats Liberty and patriot, under the direction of the executive; and the surplus thereof, after making good the votes of the present session, applied in aid of the general fund. | Appropriation of revenue boats. |
| XIV. And be it further enacted, That the treasurer be authorised and directed to make good, as heretofore, the subscription to the Potowmack and James river companies on behalf of the state, as the several dividends may be applied for from time to time, by the president and directors of the said companies, out of the surplus of any public monies arising under the several laws for the inspection of tobacco; and after defraying |
| this charge, shall be applied in aid of the general fund. | ||
| XV. And be it further enacted, That a sum not exceeding six hundred pounds out of the contingent fund, shall be set apart for the purposes of the public hospital in the city of Williamsburg, upon warrants from the auditor under the order of the executive, on application of the board of directors. | Lunatic hospital. | |
| XVI. And be it further enacted, That the additional duty of two per centum ad valorem, imposed by an act of this present assembly, shall be applied in the following manner: In the first instance to the defraying the expences of the delegates representing this state in congress, and in the next place, to the payment of the six thousand pounds voted by the general assembly towards the compleating of the capitol in the city of Richmond; and the surplus, if any, shall be applied in aid of the funds appropriated to the payment of the requisition of congress, of the second of August, one thousand seven hundred and eighty-six. | Ad valorem duties appropriated. | |
| XVII. And be it enacted, That all arrearages of the taxes of former years shall be applied according to the laws appropriating the same; any thing in this act to the contrary notwithstanding. | Arrearages of taxes. | |
| XVIII. And be it further enacted, That all monies not specially appropriated by this act, shall be applied in aid of the general fund. | General fund. | |
| XIX. And be it further enacted, That the executive be empowered and required, to direct the treasurer in the mode of selling the tobacco paid for taxes, under an act, intituled "An act to enable the citizens of this commonwealth to discharge certain taxes by the payment of tobacco." | ||
| CHAP. XLIV. | ||
| ||
| BE it enacted, That the act of assembly, intituled "An act for calling in and funding the paper money | Act for calling in paper money revived. |
| of this state," which hath expired, shall be, and the same is hereby revived; and shall continue and be in force from and after the passing of this act, for and during the term of fifteen months. Provided always, That nothing herein contained shall extend to so much of the aforesaid act, as respects the purchase of warrants for unappropriated lands. | Not to purchase land warrants. | ||
| CHAP. XLV. | |||
| |||
| BE it enacted, That the act intituled "An act empowering one of the privy council to officiate in certain cases as lieutenant governor," the operation whereof is suspended until the first day of January next, shall commence and be in force from and after the passing of this act. | Act empowering one of the privy council to officiate as lieutenant governor, to go into immediate operation. | ||
| CHAP. XLVI. | |||
|
[Altered from Rev. Bills of 1779, ch. LXVI.] | ||
| BE it enacted, That all high treasons, misprisions, and concealments of high treasons and other offences, except piracies and felonies on the high seas, committed by any citizen of this commonwealth, in any place | Crimes committed out of jorisdiction of this commonwealth, where tried. |
| out of the jurisdiction of the courts of common law in this commonwealth, and all felonies committed by citizen against citizen in any such place, other than the high seas, shall be enquired, heard, determined, and judged by the general court, in the same manner as if the said offences had been committed within the body of a county; and such as shall be convict 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 done within the body of a county. | |||
| CHAP. XLVII. An act to encourage the apprehending of horse stealers. |
From Rev. Bills of 1779, ch. LXIX. | ||
| BE it enacted by the General ssembly, That whosoever shall apprehend one charged with horse-stealing, if the prisoner be convicted of that crime, shall be entitled to a reward of ten pounds to be paid by the treasurer upon a certificate of the general court, that the claimant was the apprehender, and either that he was not examined as a witness at the trial, or that the other evidence then given was sufficient, without his testimony, to convict the prisoner. | Reward for apprehending horse stealers. | ||
| CHAP. XLVIII. | |||
|
From Rev Biils of 1779. ch. LXXI. | ||
| BE it enacted by the General Assembly, That if any riot, assembly, or rout of people against the law, be | Riots, routs, and uulawful assemblies, |
| made in any part of the commonwealth, the justices of peace, three, or two of them at the least, and the sheriff or under sheriff of the county, or serjeant of a corporation, as the case may be, where such riot, assembly, or rout shall be made, shall come with the power of the county (if need be) to arrest them, and shall arrest them; and the same justices and sheriff, under sheriff, or serjeant, shall have power to record that which they shall find so done in their presence against the law, by which record such tresspassers and offenders shall be convict, and shall be taken and put in the jail of the same county or corporation, there to abide for so long time as shall be limited by a jury to be sworn by the judges for that purpose, and further until they shall have paid such amercement as the same jury shall assess; and if it happen that such tresspassers and offenders be departed before the coming of the said justices and sheriff, under sheriff, or serjeant, the same justices, three, or two of them, shall diligently enquire within a month after such riot, assembly, or rout of people so made, and thereof shall hear and determine according to law; and for this purpose, the sheriff or serjeant having a precept directed to him, shall return twenty-four fit persons, twelve of whom having been sworn, shall enquire of the said riot, rout, or unlawful assembly, and award against those whom they shall find guilty thereof, due pains, by amercement and imprisonment, as is before directed; and if so many of them should not appear, those who make default, shall be fined by the same justices, five pounds, each; and if the default be in the sheriff, under sheriff, or serjeant, he shall forfeit to the commonwealth twenty pounds; and if the said riot, rout, or unlawful assembly, be not found by the said jury, by reason of any maintenance, embracery, partiality, or other misbehaviour of the said jurors, then the said justices, and the sheriff, under sheriff, or serjeant, shall certify the whole matter and circumstances to the general court, and also the names of the maintainers and embracers in that behalf, if any be, with their misdemeanours that they know, in order that they may be duly prosecuted; upon pain of every of the said justices and sheriff, under sheriff, or serjeant, to forfeit twenty pounds, if they have no reasonable excuse for not certifying the same, which certificate shall be of like force as the presentment of a grand jury; | how supppressed & punished. |
| and thereupon the said tresspassers and offenders being put to answer, they which shall be found guilty, shall be punished by imprisonment and amercement, according to the discretion of a jury, as is before directed; and if the same tresspassers do not appear before the general court at the first precept, then shall another precept be directed to the sheriff of the county, to take the said trespassers and offenders, if they may be found, and to bring them at a certain day before the general court; and if they cannot be found, the sheriff, under sheriff, or serjeant, shall make proclamation in his full connty or corporation,, next ensuing the delivery of the second precept, that they shall appear before the general court on a day names; and in case; the same offenders come not as afore is said, and the proclamation made and returned, they shall be convict and attainted of the riot, assembly, or rout aforesaid: And moreover the justices of the peace in every county or corporation, where such riot, assembly, or rout of people shall be made, in case the same be made in their presence, or if none be present, then the justices having notice thereof, together with the sheriff, under sheriff, or serjeant, of the same county or corporation, shall do execution of this act, every one upon pain of twenty pounds, to be paid to the commonwealth, as often as they shall be found in default of the execution of the said act; and on such default of the justices and sheriff, under sheriff, or serjeant, a commission shall go from the general court at the instance of the party grieved, to enquire as well of the truth of the case, and of the original matter for the party complainant, as of the default or defaults of the said justices, sheriff, under sheriff, or serjeant, in this behalf supposed, to be directed to sufficient and indifferent persons at the nomination of the judges; and the said commissioners presently shall return into the general court the inquests and matters before them in this behalf taken and bound: But no persons convicted of a riot, rout, and unlawful assembly, shall be imprisoned for such offence by a longer space of time than one year. Persons legally convicted of a riot, rout, or unlawful assembly, otherwise than in the manner directed by this act, shall be punished by imprisonment and amercement, at the discretion of a jury, under the like limitation. |
| CHAP. XLIX. An act forbidding and punishing affrays. |
From Rev. Bills of 1779, ch. LXXII. |
| BE it enacted by the General Assembly, That no man, great nor small, of what condition soever he be, except the ministers of justice in executing the precepts of the courts of justice, or in executing of their office, and such as be in their company assisting them, be so hardy to come before the justices of any court, or either of their minister of justice, doing their office, with force and arms, on pain, to forfeit their armour to the commonwealth, and their bodies to prison, at the pleasure of a court; nor go nor ride armed by night nor by day, in fairs or markets, or in other places, in terror of the county, upon pain of being arrested and committed to prison by any justice on his own view, or proof by others, there to abide for so long a time as a jury, to be sworn for that purpose by the said justice, shall direct, and in like manner to forfeit his armour to the commonwealth; but no person shall be imprisoned for such offence by a longer space of time than one month. | Affrays, how punished. |
| CHAP. L. An act against Conspirators. |
From Rev. Eills of 1779, ch. LXXIII. |
| BE it declared and enacted by the General Assembly, That conspirators be they that do confederate and bind themselves by oath, covenant, or other alliance, that every of them shall aid and bear the other falsely and maliciously to move or cause to be moved any enticement or information against another on the part of the commonwealth, and those who are convicted thereof at the suit of the commonwealth, shall be punished by imprisonment and amercement, at the discretion of a jury. | Conspirators defined and punished. |
| CHAP. LI. An act against conveying or taking pretensed titles. |
From Reb. Biils of 1779, ch. LXXIV. |
| BE it enacted by the General Assembly, That no person shall convey or take, or bargain to convey or take, and pretensed title to any lands or tenements, unless the person conveying or bargaining to convey, or those under whom he claims shall have been in possession of the same, or of the reversion or remainder thereof one whole year next before; and he who offendeth herein knowingly, shall forfeit the whole value of the lands or tenements; the one moiety to the commonwealth, and the other to him who will sue as well for himself as for the commonwealth: But any person lawfully possessed of lands or tenements, or of the reversion or remainder thereof, may nevertheless take or bargain to take the pretensed title of any other person, so far and so far only as it may confirm his former estate. | Penalty for conveying or taking pretensed titles. |
| CHAP. LII. An act to punish bribery and extortion. |
From Rev. Bills of 1779, CH. LXXV. |
| BE it enacted by the General Assembly, That no treasurer, keeper of any public seal, councillor of state, counsel for the commonwealth, judge, or attornies at law, practising either in the general court, high court of chancery, court of appeals, court of admiralty, or inferior courts, clerk of the peace, sheriff, coroner, escheator, nor any officer of the commonwealth, shall, in time to come, take, in any form, any manner of gift, brokage, or reward for doing his office, other than is, or shall be allowed by some act of general assembly, passed after the institution of the commonwealth, that is to say, after the fifteenth day of May, | Bribery and extortion, how punished. [This act was ersoneously printed in the original. See 1788, ch. 83.] |
| in the year of our Lord, one thousand seven hundred and seventy six; and he that doth, shall pay unto the party grieved, the treble value of that he hath received, shall be amerced and imprisoned at the discretion of a jury, and shall be discharged from his office forever; and he will sue in the said matter, shall have suit as well for the commonwealth as for himself, and the third part of the amercement. | |
| CHAP. LIII. An act prescribing the punishment of those who sell unwholesome meat or drink. |
From Rev. Bills of 1799, ch. LXXVI. |
| BE it enacted by the General Assembly, That a butcher or other person that selleth the flesh of any animal dying otherwise than by slaughter or slaughtered when diseased, or a baker, brewer, distiller, or other person, who selleth unwholesome bread or drink, shall, on conviction by the verdict of a jury, the first time be amerced; the second time he shall suffer judgment of the pillory; and the third time he shall be imprisoned and make fine; and every time after he shall be adjudged to hard labour six months in the public works. | Punishment of those who sell unwholesome meat or drink. |
| CHAP. LIV. An act for punishing disturbers of Religious Worship and Sabbath breakers. |
From Rev. Bills of 1779, ch. LXXXIV. |
| BE it enacted by the General Assembly, That no officer for any civil cause shall arrest any minister of religion licensed according to the rules of his sect, and | Disturbers of religious worship and sabbath beakers, |
| who shall have taken the oath or affirmation of fidelity to the commonwealth, while such minister shall be publicly preaching or performing religious worship in any church, chapel, meeting house, or other place of religious worship, on pain of imprisonment and amercement, at the discretion of a jury, and of making satisfaction to the party so arrested. And if any person shall on purpose malicionsly or contemptuously disquiet or disturb any congregation assembled in any church, chapel, meeting house, or other place of religious worship, or misuse any such minister being there, he may be put under restraint during religious worship, by any justice present, which justice, if present, or if none present, then any justice, before whom proof of the offence shall be made, may cause the offender to find two securities, to be bound by recognizance in a sufficient penalty for his good behaviour, and in default thereof shall commit him to prison, there to remain till the next court to be held for the same county; and upon conviction of the said offence before the said court, he shall be further punished by imprisonment and amercement, at the discretion of a jury. If any person on the sabbath day shall himself, be found labouring at his own, or any other trade or calling, or shall employ his apprentices, servants or slaves in labour or other business, except it be in the ordinary househould offices of daily necessity, or other work of necessity or charity, he shall forfeit the sum of ten shillings for every such offence, deeming every apprentice, servant, or slave so employed, and every day he shall be so employed as constituting a distinct offence. | |
| CHAP. LV. An act against Usury. |
From Rev. Bills of 1779, c. LXXXVII. |
| BE it enacted by the General Assembly, That no person shall hereafter, upon any contract, take directly or indirectly, for loan of any money, wares, or merchandise, or other commodity, above the value of | Usury what. |
| five pounds, for the forbearance of one hundred pounds for a year, and after that rate for a greater or lesser sum, or for a longer or shorter time; and all bonds, contracts, covenants, conveyances, or assurances hereafter to be made, for payment or delivery of any money, or goods, so to be lent, on which a higher interest is reserved or taken, than is hereby allowed, shall be utterly void. If any person shall, by any way or means of any corrupt bargain, loan, exchange, shift, covin, device, or deceit, take, accept or receive, for the loan of, or giving day of payment for money, wares, merchandise, or other commodity, above the rate of five pounds for one hundred pounds for one year, every person so offending, shall forfeit double the value of the money, wares, merchandise, or commodity so lent, exchanged, or shifted; one moiety to the use of the commonwealth, and the other to the informer, to be recovered with costs. Any borrower of money, or goods, may exhibit a bill in chancery against the lender, and compel him to discover upon oath, the money or thing really lent; and all bargains, contracts, or shifts which shall have passed between them, relative to such loan, or the repayment thereof, and the interest or consideration for the same; and if thereupon, it shall appear, that more than lawful interest was reserved, the lender shall be obliged to accept his principal money, without any interest, or other consideration, and pay costs, but shall be discharged of all other penalties of this act. Every broker, solicitor, or driver of bargains, who shall hereafter directly or indirectly, take or receive more than the rate or value of five shillings, for brokerage, or soliciting the loan or forbearance of one hundred pounds for a year, or above one shilling for making or receiving the bond or bill, for such loan or forbearance, or for any counter-bond or bill, concerning the same, shall forfeit for every offence, twenty pounds to the commonwealth and informer, to be recovered and divided, as herein before is mentioned. | Effect of, and remedy, Rate of legal interest. Brokerage. |
| Pages 299-319
| Pages 339-361
|