Pages 412-433
|  Pages 464-496
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| Pages 412-433
| Pages 464-496
|
| CHAP. III. | ||
| ||
| [Passed the 5th of January, 1788.] | ||
| 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 increased; and for regulating the trade of this commonwealth, wherby foreigners may be placed on a more equal footing; | Vessels restrioted to certain ports. | |
| II. Be it enacted, That from and after the first day of February 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, at the ports of Yeocomico, or Alexandria: Provided, That all cases of entrance or clearance at Alexandria, shall and may be made with a deputy, appointed by the naval officer of the said district, and residing at the said port; for the district of Accomack, at Accomack court-house; and for the district of Northampton, the port of Cherriston. And that all vessels coming into or going out of this commonwealth shall proceed to one or other of the said ports as directed; 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 perform and do all things which shall be lawfully demanded of them, or either of them, by the naval officers residing at the 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 and that purpose first obtained from | Ports of entry and clearance. |
| the naval-officer at the port at 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, ond the same are hereby established as ports of delivery for the unlading and lading of all vessels coming into or going out of this state, not built within the United States and not wholly owned by a citizen or citizens thereof, 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 ports of York town or West-Point; for the district of Rappahannock river, the ports of Tappahanock, Urbanna, or Port-Royal; for the district of Potowmack river, the port of Yeocomico, mouth of Quantico, and Alexandria; for the district of Accomack, at Folly's Landing, and Onancock; and for the district of Northampton, at Cherriston. | Ports of delivery for foreign vessels. |
| IV. And be it further enacted, That the following places, shall be, and the same are hereby established as ports of delivery for the unlading and lading of all vessels coming into or going out of this commonwealth, built within the United States, and wholly owned by a citizen or citizens thereof, and navigated according to law, that is to say: For the district of Elizabeth river, the ports of Norfolk, Portsmouth, and Suffolk; for the district of James river, the ports of Hampton, Bermuda-Hundred, City Point, Petersburg, and Rockets Landing; for the district of York river, the ports of York and West-Point; for the district of Rappahannock river, the ports of Urbanna, Tappahannock, Port-Royal and Fredericksburg; for the district of Potowmack river, the ports of Yeocomico, mouth of Quantico, and Alexandria; for the district of Accomack, Folly's Landing and Onancock; and for the district of Northampton, at Cherriston; Provided always, That any vessel built within the United States, and wholly owned by a citizen or citizens thereof as aforesaid, and navigated according to law, shall and may lade at any port or place within this commonwealth, with any article or articles for exportation. | Ports of delivery for vessels of the United States. |
| V. And be it further enacted, That no vessel coming into any of the aforesaid districts, from any port or place without this commonwealth, or going from thence | Penalty for breaking bulk without permit. |
| to any port or place without the same, except as before is excepted and provided for, shall be permitted to break bulk or unlade or lade on board any goods, wares or merchandise 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, and 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 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, together with her rigging, tackle, and apparel, or the 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. | |
| VI. And be it further enacted, That all persons owning any decked vessel above eighteen feet in length by the keel, to be employed as river or bay craft, shall obtain a register for the same, from the clerk of the court of the county or corporation, in which such owner may reside, specifying the names of the owner and shipper thereof, and the number of men employed therein, which shall be recorded by the clerk of the county or corporation aforesaid, in a book kept for that purpose, who shall receive the fee of two shillings and six pence for every vessel, to be paid by the owner thereof; 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 of delivery aforesaid, shall deliver to such owner or master employing the same, if demanded, a 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 to the party grieved, recoverable by information in the court of | Register of vessels. |
| the county or corporation wherein such owner of craft may reside; and moreover shall be liable to an action for damages to the party grieved as aforesaid. If any owner, master or skipper of any vessel as aforesaid, to be employed as river or bay craft, shall presume to take on board his said vessel any goods, wares, or merchandise upon freight or hire, not being first qualified therefor pursuant to this act, such owner, master or skipper shall forfeit and pay the sum of fifty pounds, recoverable by information in any court of record within this commonwealth, one half thereof to the person suing for the same, 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, 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 use of the commonwealth, recoverable in the court of admiralty. | |
| 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. All masters or commanders of vessels coming into this commonwealth shall be obliged to make a true and just report to the naval officer at the lowest port of entry upon the river they shall be bound to, except the river Potowmack, of all the cargo on board of their vessel, a copy of which report shall be transmitted under the hand and seal of such naval-officer to the deputy naval-officer at the port of entry to which such vessel may proceed, where full entry shall be made and the duties secured, and if any master or commander of a vessel shall break bulk before he secures the duties, such vessel together with her rigging, tackle, apparel and furniture, and the goods, wares and merchandise so unladen or put on share, shall be forfeited and condemned in the court of admiralty, one half to the informer, the other half to the use of the commonwealth, and moreover the master or commander of such vessel, shall forfeit and pay the two hundred pounds, recoverable by plaint or information in any court of record, to the use of the informer. | South Quay, a separate districts. Where masters of vessels to report, except on the Potowmack. |
| VIII. And be it further enacted, That so much of all and every other act or acts of assembly as comes within the purview of this act, shall be, and the same is herewith repealed. | ||
 CHAP. IV. | ||
| ||
| [Passed the 7th of January, 1788] | ||
| I. BE it enacted by the General Assembly, That there shall be a naval officer for each of the following districts, that is to say: For the district of Elizabeth river commencing at Cape Henry and extending from thence up Nansemond and James rivers, including the several creeks and inlets thereof: For the district of James river extending from Back river point up James river, including the several creeks and inlets thereof: For the district of South Quay: For the district of York river: For the district of Rappahannock river: For the district of South Potowmack: for the district of the county of Accomack: And for the district of the county of Northampton. | Naval officers and collection of duties, various regulations concerning. | |
| II. The present naval officers shall be continued; and every vacancy shall be supplied by joint ballot of both houses of assembly, and a commission shall issue from the governor in pursuance thereof: But a vacancy happening in the recess of the assembly, or happening at any time and not filled up by the next assembly following, such vacancy may be supplied by a temporary appointment of the executive until the end of the succeeding session of assembly. | ||
| III. The residence of the naval officers shall be as follows; that is to say, of the naval officer of Elizabeth river at Norfolk or Portsmouth, of the naval officer of James river at Hampton, of the naval officer of Rappahannock at Urbanna, of the naval officer of South Potowmack at Yeocomico or Alexandria, any thing in |
| the "Act to amend the act intituled an act to amend the act intituled an act to restrict foreign vessels to certain ports within this commonwealth," notwithstanding; of the naval officer of Accomack at Drummond or Onancock, of the naval officer of Northampton at the court-house thereof or at Cherriston, and of the naval officer of York river at York town. They shall keep their offices at the places aforesaid respectively, but the naval officer of the district of Elizabeth river shall keep his office in the borough of Norfolk; and the executive may grant a reasonable time for the removal of other officers hereafter to be appointed to the places herein before mentioned. | |
| IV. Every naval officer may exercise his office by deputy at the place of his residence, in case of sickness or necessary absence, and the naval officer of South Potowmack may exercise his office by deputy at Alexandria or Yeocomico. Neither the said naval officers or their deputies shall directly or indirectly be concerned in trade. | |
| V. Every naval officer at the time of receiving his commission shall enter into bond with good and sufficient security in such penalty as the executive shall direct to the governor in trust for the commonwealth for the due and faithful discharge of his duty according to law, and shall moreover take an oath of office to be administered by the governor. | |
| VI. Registers shall be granted by the executive to citizens of the United States only, and for vessels built in the United States only, the captain and mates whereof have been citizens for at least one year preceding. The form of such register, and the mode of proving such citizenship, the time and place where the vessel was built, and her tonnage, may be prescribed by the executive. | |
| VII. The master or owner of every vessel coming into this commonwealth shall proceed with the same without delay to the port at which she intends to enter: And shall within sixty hours after her arrival at moorings in such port, make to the naval officer of the district, a just and true report upon oath of the burthen, contents and loading of such vessel, with the particular marks and numbers of every cask or package whatsoever therein laden, to whom consigned to the best of his knowledge, and also where and in what port the same were laden and taken on board. |
| VIII. Whenever an entry is made, the master, owner, or consignee shall produce on oath a fair and regular manifest expressing the several casks, parcels, packages, and other articles of merchandise howsoever described or named, laden on board of his vessel, with the original invoices or a true copy thereof, the marks and numbers thereof, and to whom the same are consigned, to the best of his knowledge, and he shall moreover on oath specify the tonnage of such vessel to the best of his knowledge, according to the carpenters tonnage. | |
| IX. The naval officers or any person by them respectively appointed shall have full power and authority to go and enter on board any vessel, and from thence to bring on shore any articles whatsoever liable to duty if such duty be not paid, or bond with good and sufficient security given for the payment of the same within six months next after such entry, (which bond, if offered, the naval officer is hereby authorised and required to accept and take,) and such articles so brought on shore to secure and detain until the due payment shall be made, or security given for the same as aforesaid. And if such payment or security be not made or given within two days from the time of such seizure, the naval officer is hereby empowered to sell at the end of six months from the date of such seizure the same or so much thereof as shall be sufficient to discharge the said duties, and five per centum for the charges of such seizure, and sale and storage.. Provided nevertheless, That notice shall be given of such seizure by advertising the same, six weeks in the Virginia Gazette. | |
| X. The permits to be granted for landing the whole of any cargo shall specify the several casks, parcels, packages, and other articles of merchandise, and the port or ports at which such goods, wares, or merchandises are to be delivered. The permits to be granted for landing the part of any cargo, shall likewise specify the whole of the cargo and tonnage, distinguishing what part hath been permitted to be landed elsewhere, and what may be permitted thereby to be landed. −− But no delivery whatsoever shall be made until the permits shall be exhibited to and countersigned by the searcher of the port of delivery: And before the same shall be countersigned, the naval officer shall make |
| out an exact copy under his hand and seal, of each permit for the place of delivery, which copy shall be sealed up and committed to the master or commander of the vessel, and delivered to the searcher before the permit shall be countersigned by him. | |
| XI. Any master or skipper of a vessel intending to transport any goods, wares, or merchandises liable to a duty from one district to another shall obtain from the naval officer of the district from which they are to be transported a permit under the hand and seal of such officer, describing the vessel with the casks, packages and parcels therein laden, according to their respective marks and numbers, specifying the district into which they are to be transported, and certifying that all the duties thereon have been duly paid or secured to be paid, under which permit such master or skipper shall be entitled to deliver and unlade his cargo at the place or places authorised by law. And the naval officer shall receive and take such proof of the duties having been paid on the said goods so to be transported as the nature of the case may admit. No vessel going out of this commonwealth shall pass the district in which her loading shall have been completed, until she shall have been duly cleared, and all duties to be accounted for on clearance shall be first satisfied according to law. | |
| XII. Every master of a vessel when he makes his entry shall give bond with security in the penalty of 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 to the masters of such 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. | |
| XIII. Every naval officer at the time of granting a permit to load, 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 to the freighter or freighters. |
| XIV. No duties shall be payable on any imported articles being the property of this commonwealth, the United States, or any of them, nor on any articles imported directly by water in vessels belonging wholly to citizens of the United States which shall be proved to be of the growth or manufacture of the state from which they shall be imported, except rum and unrefined sugar, which articles shall be subject to the same duties as are by law imposed on the same articles imported from foreign countries. | |
| XV. Before any permit shall be granted for delivery, six pence per ton shall be paid, or secured to be paid, for every vessel which shall enter, to be appropriated to the light house, and one shilling for every seaman or mariner, and apprentice on board, to be appropriated to the marine hospital. But for every vessel built in the United States, the captain and mates whereof have been citizens for at lest one year preceding, and bona fide belonging to a citizen or citizens of the United States, and not exceeding one hundred tons, the tonnage on such vessels shall not exceed six pence per ton in addition to the tonnage imposed for the erection and support of a light house. But all vessels not exceeding one hundred tons burthen, and wholly owned by a citizen or citizens of the United States or any of them, and navigated according to law, who shall be employed solely in carrying off American coal, shall be exempted from all tonuage except the six pence per ton for the support of the light house. | |
| XVI. No coasting vessel of fifty tons or under shall be compelled to take a pilot, or be subject to any penalty for refusal. | |
| XVII. Nothing herein contained shall be construed to affect, or as being intended to affect, the rights and obligations arising under the act of the general assembly, intituled "An act to approve, confirm, and ratify the compact made by certain commissioners appointed by the general assembly of the state of Maryland and commissioners appointed by this commonwealth." | |
| XVIII. The master or owner of any vessel coming into this commonwealth and laden with goods, wares, or merchandizes, a part whereof only are to be delivered in this commonwealth, shall be admitted to enter and deliver the same on paying, or securing to be paid, as the case may be, the duties thereon together with such |
| proportion of the tonnage, as will correspond with the proportion which the bulk of such part bears to the bulk of the whole cargo; such proportion of the tonnage to be ascertained by the persons to be appointed by the naval officer, who shall act upon oath, and report their opinion to such officer. And no other part of the said cargo liable to duty shall be unladen or put on shore. | |
| XIX. No owner, master, or commander of any vessel shall sell or permit to be sold on board of the same in retail any goods, wares, or merchandize liable to a duty. | |
| XX. No person shall be required to give account upon oath of the true contents of any pipe or lesser cask of wine, or hogshead or lesser cask of spirits, beer, ale, porter, cyder, or molasses imported, but shall have liberty to enter a pipe or hogshead as aforesaid at one hundred and ten gallons, and all lesser casks after the same proportion. | |
| XXI. When any naval officer or searcher shall have good reason to suspect that any package or parcel of goods contains any article that has not been entered, it shall be lawful for such officer to open and examine in company with a justice of the peace such package or parcel. | |
| XXII. It shall be lawful for the naval officers or searchers having good cause to suspect that any goods, wares, or merchandize on which duties have not been paid, are stored and secreted in any house, to apply to a justice of the peace, or alderman of a corporation for a warrant, which warrant shall not be granted but on information on oath, and being accompanied with a constable, to break open in the day time such suspected house when it may be necessary, and any goods so found, on which the duties have not been paid or secured to be paid, may be seized and carried away. | |
| XXIII. No goods, wares, or merchandizes whatsoever shall be delivered or unladen from any vessel importing the same, unless it be between sunrise and sunset, unless compelled by ice, tempest or other stress of weather, in which case the master of such vessel shall enter a protest with some justice of the peace within twenty four hours, and give immediate notice thereof to the naval officer or searcher. |
| XXIV. For all duties except those arising from seamen or mariners, the naval officer may take bonds payable at the end of six months with one or more securities. | |
| XXV. The duties arising on tonnage shall either be paid down to the naval officer at the time of entering any vessel, or the person entering any such vessel shall deposit with the naval officer such goods as shall in the opinion of such naval officer be sufficient to secure the payment thereof at the end of one month; and if the said goods be not redeemed at the expiration of the time aforesaid, the naval officer shall sell the same, or so much thereof as shall be sufficient to pay the said tonnage and the expence attending the sale. | |
| XXVI. The several naval officers shall pay quarterly into the treasury all monies coming into their hands by virtue of this act. | |
| XXVII. All bonds taken by the naval officers for duties imposed at the time of entry shall be by them retained in their respective offices until the same shall become due; and all bonds so retained and remaining unpaid at the succeeding quarter shall be by the naval officers transmitted to the solicitor general, for which two receipts shall be given by the solicitor to the naval officer transmitting the same, who shall deposit with the auditor of public accounts one of such receipts and a list of the bonds so transmitted to the solicitor, in order that the auditor may charge the solicitor with all such bonds. | |
| XXVIII. At any of the four terms of the general courts, or at the court of the county of Henrico, after the transmission of such bond, the solicitor may move without notice for judgment against the principal and securities of such bond; and the said courts are hereby authorised to give judgments for the sums due, and five per centum interest, and costs; and on the executions to be issued thereupon the clerk shall indorse "No security to be taken." | |
| XXIX. And so soon as the solicitor shall receive all or any part of the sums due on such bonds or executions, he shall immediately pay the same into the treasury, with a deduction of one per centum to be paid out of the money arising from the interest on such bonds, and the receipts obtained therefor shall entitle him to a credit with the auditor. |
| XXX. It shall be the duty of the naval officers to keep registers of all district permits by them granted. | |
| XXXI. Whensoever any vessel shall come into any port of this commonwealth in distress, it shall come into any port of this commonwealth in distress, it shall be lawful for the naval officer of the district to permit such part of her cargo to be sold as may be necessary for repairing any damage which she may have sustained, and thereafter the said vessel shall be at liberty to depart for any port or place without this commonwealth, without paying any of the duties or tonnage, or being obliged to comply with any of the rules and regulations which it would have been necessary to have paid or complied with in case her cargo had been destined to be delivered at some port within this commonwealth, except the tonnage appropriated to the support of a light house. Double tonnage shall be paid for all omitted tonnage before a vessel shall be permitted to clear out. | |
| XXXII. The salaries of the several naval officers shall be in lieu of all commissions and fees, as follows; the salary for the naval officer for Elizabeth river district four hundred pounds. For the naval officer of James river district two hundred pounds: For the naval officer of South Quay district fifty pounds: For the naval officer of York river district one hundred and fifty pounds: For the naval officer of Rappahannock district two hundred pounds: For the naval officer of Potowmack district two hundred and fifty pounds: For the naval officer of Accomack district fifty pounds: And for the naval officer of Northampton district fifty pounds: And moreover they shall be allowed a commission of one per centum 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 centum on the amount of all bonds for duties by them taken. | |
| XXXIII. The several naval officers and searchers shall be subject, the former to be suspended, and the latter to be suspended and displaced by the executive for misconduct or neglect of duty. The naval officers and searchers shall in the mode of keeping their offices and books, and in the forms of making out their permits, certificates, returns, and other instruments of writing, obey such instructions as they may from time to time receive from the executive. |
| XXXIV. And any member of the executive may at any time, with the approbation of the board, visit the several places where the naval offices are kept, or searchers appointed; and shall have powers to inspect their offices, books, and public papers, and to suspend any of the said officers for the space of one month, appointing another person to do the duties of the office in the meantime. And such member of the executive during the time of performing such visit shall be entitled to his salary, and shall moreover be allowed fifteen shillings per day for his travelling expences. | |
| XXXV. Each naval officer shall keep a seal of office of a form and device to be approved of by the executive, and shall deposit to be approved of by the executive, and shall deposit with each of the searchers of his district an exact impression thereof. | |
| XXXVI. The clerk of the council shall, before he delivers any register, demand and receive fifteen shillings if the vessel be under one hundred tons, and thirty shillings if the vessel be of greater burthen, which money after a deduction of two and a half per centum, as a commission to the said clerk, shall by him be quarterly paid into the treasury. | |
| XXXVII. Searchers shall be appointed at such places as the executive shall think proper, and be commissioned by the governor, and shall at the court of the county or corporation in which he resides next after the commencement of this act, or after his appointment, as the case may be, take an oath, and enter into bond with sufficient security in the sum of one thousand pounds payable to the governor for the time being, to the use of the commonwealth, for the faithful performance of his duty. | |
| XXXVIII. It shall be the duty of the searchers to attend to the delivery and unlading of all goods, wares, and merchandises at the places for which they may be appointed, and to go on board any vessel coming to such place as often as may be requisite; they shall also, whenever they shall have good reason to suspect that the tonnage of any vessel has not been truly entered, measure the same according to the rules prescribed by law, and if it shall appear from such admeasurement that a deficient entry has been made they shall certify such deficiency to the naval officer of the district, and a copy of such certificate shall be transmitted quarterly by the searchers to the auditor of public |
| accounts. The searchers shall also register, in books to be kept for that purpose, descriptions and lists of all vessels and of their cargoes delivered or unladen at the places for which they are appointed respectively, according to the permits granted by the naval officer, and shall quarterly transmit the county part of each permit, furnished them by the naval office to the auditor of public accounts. | |
| XXXIX. It shall be lawful for the executive to appoint as many assistants to the several searchers as shall appear necessary. | |
| XL. All claims by mariners for wages shall be tried on motion in a summary way, by a jury summoned instantly in the court of any county, or a corporation within my county, where the vessel may lie, and it shall be lawful for the clerk thereof to issue process summoning the master to answer such claims, and to demand specia bail from the party served. All executions issued upon judgments obtained for wages shall be irrepleviabe and no appeal allowed. | |
| XLI. Every naval officer who shall not keep his office at the place herein fixed for the same, shall forfeit his office. | |
| XLII. The master or owner of any vessel coming into this commonwealth failing to make a just and true report according to law, shall forfeit two hundred pounds, one half to the use of the commonwealth, and the other half to the person suing for the same, recoveralle by action of debt in any court of record, and in al cases the defendant shall be held to special bail. | |
| XLIII. If any goods, wares, or merchandises liable to a duty shall be landed or put on shore, or if bulk be broken before due entry be made of the vessel importing the same, such goods, wares or merchandise so landed or put on shore, shall, together with the said vessel, her rigging, tackle, apparel and furniture be forfeited and condemned in the court of admiralty, one half to the use of the commonwealth, and the other half to the use of the libellant: Provided, That the judges of the court of admiralty shall have power to direct any prosecution hereafter to be commenced against any vessel in the said court of admiralty to be discontinued, where they shall be satisfied that no fraud was intended in failing to enter any goods, but that the same happened through mistake |
| or ignorance in any captain or master in making his entry. | |
| XLIV. All goods, wares, or merchandises subject to a duty, which shall, after entry, be unladen or put on shore before the obtaining, or contrary to the tenor of the permit, shall be forfeited and condemned in the court of admiralty, one half to the use of the commonwealth, and the other half to the use of the libellant. | |
| XLV. Every master or commander of a vessel failing to make a just and true return of all seamen and mariners, as required by law, shall forfeit five pounds for each seaman or mariner not returned, recoverable in any court of record, on motion, with ten days previous notice, one half to the use of the commonwealth, and the other half to the use of the person moving for the same. | |
| XLVI. Every searcher failing to register the permits and transmit the same, quarterly, to the auditor of public accounts, according to the directions of his act, shall forfeit two hundred pounds to the use of the commonwealth, to be recovered by the solicitor, by motion, with ten days previous notice, in any cour of record. | |
| XLVII. If any pipe, hogshead, or other cask, shall exceed the quantity entered fifteen per centum or more, every such pipe, hogshead, or other cask, shall, with its contents, be liable to be condemned in the court of admiralty, one half to the use of the commonwealth, the other half to the libellant. | |
| XLVIII. If any package or parcel of goods contains any article that has not been entered, or a greater quantity of any article than has been entered, every article so omitted, with a fraudulent intentions hall be forfeited, and condemned in the court of admiralty, one half to the use of the commonwealth, the other half to the libellant. | |
| XLIX. If any goods, wares, or merchandises lable to a duty, and transposted from one district to anoher, shall be delivered or unladen, or shall be found on board of any vessel without having obtained a disinct permit according to the directions of this act, the same shall, together with the vessel, rigging, tackle, apparel and furniture, be forfeited and condemned in the court of admiralty, one half to the use of the commonwealth, the other half to the libellant. |
| L. If any officer of the customs, or officer of the state boats, shall meet with obstruction in the execution of his office, he may impress persons or vessels to his assistance, and the person or persons so summoned and assisting shall be allowed one half the sum given by law to the officer making seizure; but every person failing to render the assistance required, without reasonable excuse, shall forfeit and pay the sum of ten pounds, to be recovered, on motion of the officer, in the court of the county where the party resides, to the use of the commonwealth; Provided, ten days previous notice be given of such motion. | |
| LI. Any naval officer or solicitor failing to pay the money into the treasury agreeably to this act, shall forfeit and pay five hundred pounds for every such failure. And any naval officer failing to deliver the bonds to the solicitor as required by this act, shall forfeit and pay five hundred pounds for every such failure; both of which penalties shall be recoverable, by an action of debt, in the name of the commonwealth, in any court of record. | |
| LII. If any goods, wares or merchandises shall be delivered or unladen from any vessel importing the same, unless it be between sun rise and sun set, the same shall be forfeited, and condemned in the court of admiralty, one half to the use of the commonwealth, the other half to the libellant. | |
| LIII. If any naval officer, at the time of granting a permit, shall fail to take bond of the master of the vessel, in the sum of two hundred pounds, conditioned as directed by this act, he shall forfeit and pay the sum of two hundred pounds, to be recovered, by information, in any court of record, and applied, one moiety to the use of the commonwealth, and the other to the informer. | |
| LIV. No vessel or cargo shall be liable to any loss or damage for any mistate [mistake] or error which may happen by means of any naval officer, searcher, or assistant. | |
| LV. If any owner, master or commander of a vessel shall sell or permit to be sold on board of the same in retail, any goods, wares or merchandises liable to a duty, he shall forfeit and pay the sum of fifty pounds for every such offence; one half to the use of the commonwealth, the other half to the informer, recoverable |
| by motion, in any court of record, upon ten days previous notice. | |
| LVI. 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; one in the English, one in the french, and one other in the Dutch language, shewing plainly and clearly the duties payable on all goods imported, and tonnage payable on vessels. | |
| LVII. No vessels shall be cleared out unless the master thereof shall produce to the naval officer a manifest of the cargo, and make oath (or affirm if a quaker, or of any profession in which taking of oaths is not allowed) that the commodities to be exported to be exported have been inspected, stamped and branded according to law. | |
| LVIII. Every naval officer shall enter in a book to be kept for that purpose, 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 coy thereof to the governor. | |
| LIX. The bonds directed to be taken by this act shall be made payable to the governor, for the time being, and his successors, for the use of the commonwealth. | |
| LX. Drawbacks shall be under the limitations and restrictions herein after mentioned: No drawbacks shall be allowed for any merchandise liable to duty, exported out of this state, unless exported within ninety days after importation thereof by the original importer, and by water, and unless exported in the original cask or package in which they were imported unbroken, and in vessels belonging to a citizen or citizens of the United States, or in the vessel in which they were originally imported; and such importer desiring to export such merchandise shall deliver to the naval officer of the port from whence the same is intended to be exported, a fair manifest, certified by the searcher, to express truly the marks and numbers of the pipes, hogsheads, trunks, casks, bales, packages, or other things containing any such dutiable articles, and a full and particular list of all the articles thereof, with the cost according to the account by which the duties thereon were ascertained, and shall make oath or affirmation, to be endorsed on such manifest, containing |
| also a description of the vessel in which they were imported, and the time of importation, and that it is a true manifest of all the dutiable merchandise intended to be re-exported in the vessel mentioned in the permit, and that the merchandise mentioned in such manifest were duly entered, and the duties thereon paid, or secured to be paid, according to law; which manifest shall be transmitted by the naval officer to the auditor to public accounts; and such importer shall also give bond with sufficient security that the said merchandise shall be exported out of the commonwealth without fraud or deceit, which bond shall be transmitted to the solicitor by such naval officer: And the master or skipper of the vessel receiving such merchandise shall take a clearance thereof, and make oath, or affirmation, that he will not land, or permit to be landed, such merchandise in any part of this state, but will deliver the same, dangers of navigation only excepted, at the place mentioned in the clearance. And if such exporter will, within twelve months after the date of such bond, produce a certificate from a naval officer, notary public or chief magistrate of any other state or country, that such merchandise was duly entered in such state or country, or shall make it appear, within twelve months from the time such goods may be shipped, by indifferent testimony, to the satisfaction of any two judges of the court of admiralty, in or out of session, that the vessel in which such goods, wares and merchandise may have been exported, and the cargo shall have been lost by tempest or other accident, in such cases the exporter shall be entitled to receive from the treasury the duties which have been paid on such re-exported goods, wares, or merchandise, with a deduction of one per centum paid to the solicitor as aforesaid, or to have the bond securing such duties wholly cancelled, or a credit endorsed thereon pro tanto as the case may be, where such bond shall not have been paid. Provided, That no drawback shall be allowed unless demanded within twelve months from the time of the re-exportation of any such goods, wares or merchandise unless where the cargo shall have been lost by tempest or accident, nor on any sum less than the value of fifty pounds. And provided, That no drawback shall be allowed except for goods which shall have been actually landed, and afterwards re-shipped for exportation, salt excepted. |
| LXI. If any officer shall be sued or prosecuted for any thing done by virtue of the powers hereby given, he may plead the general issue, and give this act in evidence, and if in such suit the plaintiff be non suited or judgment pass against him, the defendant shall recover double costs. | |
| LXII. The act intituled "An act to amend the several acts of assembly concerning naval officers and the collection of the duties," except the twenty-fourth, twenty-fifth, twenty-sixth, twenty-seventh, twenty-eighth, twenty-ninth, and thirty-second clauses thereof concerning importations of goods by land, and all other acts coming within the purview of this act, except the act, intituled, "An act to impose certain duties," shall be and they are hereby repealed. But any forfeiture or penalty arising under any act hereby repealed, may nevertheless be prosecuted in the same manner as if this act had never been made. | |
| LXIII. This act shall commence and be in force on the twentieth day of January, which shall be in the year one thousand seven hundred and eighty-eight. | |
| CHAP. V. An act providing a sinking fund for the gradual redemption of the public debt. [Passed the 14th of December, 1787.] | |
| I. WHEREAS it will greatly tend to the establishment of public credit, that some part of the revenue of the state shall be applied to the gradual payment of part of the principal of the public debts; and it appearing to the present general assembly that some of the public funds, besides making good the several appropriations thereon charged, yield a surplus which may be advantageously applied in redeeming certain public securities of this state, and of the United States; and by drawing the interest arising on such securities so redeemed as carry interest, and again applying the interest so drawn to the further redemption of like securities, | Sinking fund, how constituted and appropriated, to the extinguishment of the public debt. |
| and so perpetually continuing the application thereof, a sinking fund may be established which will in a few years redeem a great proportion of the public debt, and enable government greatly to reduce the present amount of taxes; | |
| II. Be it therefore enacted by the General Assembly, That there shall be a fund called and known by the name of the sinking fund; the surplus arising from other funds not particularly appropriated, and such unappropriated money as may, from time to time, be in the public treasury which shall be by law directed to the support of such fund, and such other occasional aids as the general assembly may direct shall constitute the said sinking fund. The said fund shall be conducted and managed and the money therein applied, agreeable to the purposes of this act, in such manner as the governor with the advice of council shall direct. | |
| III. All military certificates, and other public securities which carry an annual interest, and which have been collected in payment of taxes, shall be placed in the sinking fund, and the governor with the advice aforesaid, shall, on behalf of the public, be entitled to warrants for the interest on such certificates now due, or hereafter to become due, and to transfer the said warrants, or to receive the money arising from the fund by law appropriated to the redemption thereof, in like manner as if the same were now held by the persons in whose favor the said securities originally issued. | |
| IV. And whereas by an act passed at the last session of assembly an additional duty was imposed of six shillings per hogshead on tobacco exported, and the money arising therefrom appropriated to the payment of a requisition of congress, which requisition hath by a subsequent act of congress been repealed, and it therefore becomes necessary to make a new appropriation of the money arising from the said duty: Be it therefore enacted, That all the nett revenue which may arise from the said additional duty of six shillings per hogshead on tobacco shall be applied in aid of the sinking fund. The governor with advice of council is hereby authorised and required to direct the sale of the public tobacco which hath been received in payment of taxes, to be made either by public or private sale, as to him with the advice aforesaid may seem most for |
| the public benefit, and either for specie on such public securities as may be deemed most advantageous for the public, having at the same time due regard to the application of the money or public securities arising from the sale of such tobacco agreeable to the appropriations made to specific purposes; and if there shall be any surplus arising from the sales thereof after making good such appropriations the same shall be carried to the aid of the sinking fund. | |
| V. All the money and other aids now appropriated to the sinking fund, or which may hereafter be appropriated to the same, shall be applied to the redemption of such public securities of this state, or of the United States, as may in the opinion of the executive be most for the public benefit, and will contribute in the greatest degree to the increase of the said fund, for which purpose they are hereby authorised and required to invest the money or warrants arising from the interest of the several securities so redeemed, in like manner, to the redemption of the like or other securities so as to render the said sinking fund productive in a compound ration during its continuance. | |
| VI. All the money in the said fund or which may hereafter be appropriated to the same, shall be applied in manner above mentioned to the redemption of the public securities, and no money shall ever be drawn from the same for any other purpose by construction of any general words in any act of the general assembly, nor by any authority except some act of assembly wherein the application of such money shall be expressly directed and the sinking fund specially named. | |
| VII. The treasurer shall cause to be registered, in a book to be kept for that purpose, all the public securities and certificates which shall come into his office by virtue of this act. An account of which, as well as a fair state of the fund, shall be rendered annually to the general assembly. | |
| VIII. So much of all and every act or acts as comes within the purview and meaning of this act is hereby repealed. |
| CHAP. VI. | ||
| ||
| [Passed December the 1st 1787.] | ||
| WHEREAS it is represented to this present general assembly, that it will be a great relief and ease to the citizens of this commonwealth to enable them to discharge the taxes due for the year one thousand seven hundred and eighty seven under the 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," with notes for inspected tobacco; and that this ease may be given to the people without lessening the public revenue, by fixing an equitable price on the tobacco, having regard to the selling price thereof at each ware-house within this state: | Tobacco receivable in payment of certain taxes. | |
| I. Be it therefore enacted, That it shall be lawful for any person chargeable with the taxes aforesaid to discharge the same in inspectors receipts or notes for good merchantable crop tobacco not less than nine hundred and fifty pounds nett weight, and not inspected more than one year when offered in payment at the rates hereafter mentioned: At Page's in Hanover town, Byrd's, Shockoe, Rocket's, Rocky Ridge, Manchester, Warwick, and Osborne's at thirty shillings per hundred; at all the ware-houses in and about Petersburg on Appomattox, at twenty-nine shillings per hundred; at all the ware-houses on York and Mattapony rivers and their branches, from Newcastle to York town inclusive, at the College landing, Hampton, and Deacon's neck, and at all the warehouses from Falmouth to Roy's and Gibson's on Rappahannock inclusive, and at all the ware-houses from the falls of Potowmack to Aquia inclusive, at twenty-eight shillings per hundred; at all the warehouses on the different rivers, creeks, or bays within this commonwealth not herein enumerated at twenty six shillings per hundred, except the warehouses hereafter mentioned, at which |
| tobacco shall be received at the following rates, to wit, Rivanna at twenty eight shillings per hundred; and at Lynch's at twenty six shillings per hundred; at Crow's ferry and Cresap's at twenty two shillings per hundred; or in transfer receipts or notes for tobacco at the rate of one hundred and ten pounds for one hundred pounds of crop tobacco at any public inspection within this commonwealth. That all tobaccoes received under this act at any of the warehouses within the district commonly called and known by the name of the Kentuckey district; which tobacco shall be rated at twenty three shillings per hundred, shall be paid to James Speed, John Cowan, William Montgomery, senior, Richard Clough Anderson, Isaac Shelby, Gabriel Madison, and William Kennedy, gentlemen, who, or any four of them, are hereby appointed commissioners to receive the same to be by them sold for cash, or public securities, and the proceeds to be paid by the said commissioners into the public treasury. | |
| II. And be it enacted, That when any sheriff or collector shall have failed to account with the said commissioners within the time prescribed by law for the payment of taxes into the public treasury, that then the supreme court of the said district shall be authorised, upon motion of the said commissioners, to grant judgment and issue execution against such collector and his securities, provided they shall have ten days previous notice threof. | |
| III. And be it further enacted, That the sheriffs and collectors, except those of the district of Kentucky, shall give a receipt to each person from whom they collect the taxes, specifying in what the said taxes were paid; and shall monthly make returns, on oath, to the courts of their respective counties, of their collection inserting in distinct columns of whom received, the amount of the several articles paid, viz. specie, facilities warrants, crop and transfer tobacco, with the marks, numbers, weights, and warehouses, and shall at the time of making such return make oath that he hath not directly or indirectly, sold, bartered or exchanged any article to or with the person or persons from whom he hath collected taxes, except what was necessarily given in change. And in case any sheriff or collector shall fail making such return, he shall forfeit for every failure, the sum of fifty pounds, to be recovered by motion, | Sheriffs to make monthly returns, on oath of specific taxes collected, to clerks of county courts. |
| on ten days previous notice being given, which the attorney for the commonwealth in the country where the failure shall be, is hereby required to make and prosecute, and the money so recovered shall be collected and transmitted by the coroner of the county, to the treasury to be applied to public purposes; and any sheriff being convicted of making a false return to the county court shall be liable to the same penalty, and shall moreover be forever thereafter disqualified from holding the office of sheriff or collector in this commonwealth. The clerks of the several courts are hereby required and directed to fix up fair copies of the sheriffs or collectors monthly returns in some conspicuous part of their respective courthouses, for public inspection on the next court day after such returns are made; they shall also file a copy thereof and deliver another attested copy to the sheriff or collector, without which being first produced to the auditor of public accounts no sheriff or collector, or any person for him, shall be permitted to make any payment on account of his collection into the treasury. Any clerk neglecting to perform the several duties hereby required of him, shall forfeit and pay the sum of twenty five pounds for every such neglect; to be recovered and applied in the same manner as the forfeitures inflicted by this act on delinquent sheriffs and collectors. | Duty of clerks. |
| CHAP. VII. An act directing the mode of proceeding under certain executions. [Passed the 4th of January, 1787.] | |
| I. WHEREAS it is represented to the general assembly, that great injury has been sustained both by the debtors and creditors within this commonwealth, by the operation of the present laws concerning executions: For remedy whereof, | Execution law amended. |
| II. Be it enacted by the General Assembly, That so much of all and every act and acts of assembly as empowers the sheriffs or other officer levying an execution | Three months replevy bonds abolished. |
| on the goods or other estate of the debtor, to restore such goods or estate so taken, to the debtor, on his entering into bond with security to pay the money or tobacco for which execution was so served, and all costs, with lawful interest for the same, to such creditor within three months, shall be, and the same is hereby repealed. | |
| III. And be it further enacted, That on all executions hereafter issued, the sheriff or other officer having published notice of the time and place of such sale, at the door of the courthouse of his county on some court day, and at some public place near the residence of the debtor, at least ten days before such sale, shall proceed to sell by auction, the goods or other estate taken under such execution, or so much thereof as shall be sufficient to satisfy the judgment or decree, as the case may be, for the best price that can be got for the same: Provided always, That if such goods or other estate cannot be sold for three fourths of their value at the least, in the opinion of the persons hereafter directed to be appointed for that purpose, it shall and may be lawful for the debtor or debtors, or any of them to enter into bond with sufficient securities to be approved by the persons aforesaid, to pay the money or tobacco for which execution was so served, and all costs, with lawful interest for the same, to such creditor, within twelve months. And on such bond being given, the sheriff or other officer shall restore to such debtor the goods or estate so taken. And when no such bond and security shall be offered by the debtor, or any person for him, and the goods or other estate taken in execution, cannot in the opinion of the persons aforesaid, be sold for three fourths of their value at the least, the sheriff or other officer shall set up and sell the same for money or tobacco, as the case may be, to be paid at the end of twelve months, and shall take bond of the buyer or buyers, with one or more sufficient securities to pay the same accordingly, with interest, to such creditor. | Twelve months replevy bonds substituted. |
| IV. And be it further enacted, That all and every bond or bonds so taken in pursuance of this act, shall mention that the same was or were entered into for goods or other estate taken in execution and returned to the debtor, or sold to the obligor, as the case may be, and shall have the force of judgments, and also be | Form and effect of such bonds. |
| assignable. And such sheriff or other officer taking such bond, shall deliver the same to the creditor or his attorney, or return it to the office of the clerk of the court from whence such execution issued, there to be safely kept until demanded by the creditor or his attorney; and if the money or tobacco shall not be paid according to the condition of any such bond, it shall be lawful for the creditor or his assignee to lodge the same, with an affidavit, that the money or tobacco for which such bond was given, or part thereof, is still due, with the clerk of the court from whence the execution issued, and such clerk shall and may thereupon issue an execution for so much as shall appear from the said bond and affidavit to be still due; and upon such execution, the sheriff or other officer shall not take any securities for the payment of the money or tobacco at a further day, but shall levy the same immediately, and sell the property on which the execution shall be so levied for the best price that can be had for the same. Provided, That if on return of such execution the debtor can prove the payment of the money for which such execution was levied, either to the assignee or the original obligee, before notice of such assignment, as the case may be, it shall and may be lawful for the court to quash such execution or give such other judgment therein as to them shall seem right, and the person in whose name such execution issued shall moreover be liable to the action of such debtor for damages. And for the better directions of such sheriff or other officer, the clerk shall endorse upon the back of such execution that no security is to be taken. Provided, That nothing in this act shall be construed to extend to any judgment or execution not exceeding the sum of twenty-five shillings; or to any execution against a sheriff, coroner, public collector, or other person legally authorised to receive any part of the public revenue, or to any execution against any such officer for money received by him under an execution or other process; nor to attornies receiving the money of their clients; nor to securities under the act, intituled "An act to empower securities to recover damages in a summary way." | Cases exempted out of this act. |
| V. And be it further enacted, That the court of every county and corporation within this commonwealth, shall appoint nine persons to act as judges of the value | Commissioners to value property taken |
| of the property and the sufficiency of the securities that may be offered under this act, and no sale under execution shall be made but in the presence of at least three of the said persons. Provided always, that in any case where the creditor, his agent or attorney, shall be dissatisfied with the sufficiency of the security admitted by such valuers, it shall be lawful for such creditor to appeal tot he next court to be held for the county or corporation, thereupon, giving notice thereof to the debtor or his attorney; and if such court shall be of opinion that the security so admitted was insufficient, the execution upon which such security was admitted, shall be deemed and taken as a lien upon the goods and chattels of such debtor, and shall not be discharged but upon payment of the debt and costs, or render of other sufficient security satisfactory to the court. And moreover the bond and security given by such debtor shall remain valid until such courter security be given. There shall be paid to each of the valuers appointed by virtue of this act, four shillings for each days attendance at any sale, to be taxed in the bill of costs where there is but one execution, and where there shall be more than one execution to to be taxed in the bill of costs on each execution, proportioned to the amount thereof; such attendance not being taxed for more than three valuers in any case. And where any property shall be returned to the debtor or sold on twelve months credit under this act, such persons shall give the sheriff or other office a certificate that in their opinions such property could not sell for three fourths of its real value, and that the security so taken were sufficient: And such certificate shall be returned by the sheriff with the execution, and shall be a full indemnification for him therein. And such sheriff or officer shall be allowed thirty pounds of tobacco for taking such bond, and no more, except such allowance for keeping and removing such property as shall be at the time of entering into such bond certified by the persons aforesaid, to be reasonable. Every person appointed by a court to judge of the value of property taken in execution, and of the sufficiency of securities offered agreeably to the directions of this act, shall, before he proceeds to act under such appointment, take an oath before the court of the county or corporation, or some magistrate thereof, that he will truly and impartially execute the trust reposed in him by this act. | in execution how appointed. |
| VI. And be it further enacted, That nothing in this act shall be construed to extend to any proceedings that may be had in consequence of any distress made or to be made for any rent reserved and due, or which may hereafter become due upon any demise, lease, or contract whatsoever. Where any writ of capias ad satisfaciendum, has been or shall be served on any debtor, it shall be lawful for such debtor to tender to the sheriff or other officer serving the same, property to the value of the debt and costs for which such execution has issued, or may hereafter issue, which property the said sheriff or other officer shall receive and proceed to sell in like manner as is herein directed in the case of goods taken in execution upon a writ of fieri facias, and shall thereupon discharge such debtor out of custody. | Not to extend to distress for rent. On service of execution on the body, debtor may tender property. |
| VII. And be it further enacted, That where any bond directed or permitted to be given by this act, shall be assigned, an execution issued thereon, against the original obligor or obligors, and on such execution there shall be a return by the sheriff or other officer that there were no goods, or not sufficient goods of the obligor or obligors, to make the debt and costs, it shall be lawful for the clerk, who issued such execution, to issue a second execution against the assignor or assignors of such bond, for the debt mentioned therein, or such part thereof as shall appear to be still due; on which execution there shall be similar proceedings to those in an execution against the original obligors. | Remedy against assignors of twelve months bonds. |
| VIII. And be it further enacted, That the valuers shall be amenable to their respective county or corporation courts, and at the discretion of such courts may be deprived of their office for neglect of duty or malfeisance therein; and upon the death, resignation, or removal from office of any such valuer, the vacancy shall be supplied by new appointment of the county or corporation court in which it shall happen. When the sheriff shall under any execution have fixed the time and place for the sale of the property taken under such execution, he shall summon three of the commissioners appointed under this act to value the property and ascertain the sufficiency of securities, to attend at the time and place of such sale. If only two of the said commissioners attend, they shall, after the hour of two | Valuers of property, how to proceed, |
| o'clock, choose one of the by-standers to assist them in such valution; if only one of the said commissioners shall attend, he shall at the same time and in the same manner choose one of the by-standers, and they shall together choose a third to value such property as aforesaid; if neither of the said commissioners shall attend, the sale shall be postponed until another day, which shall not be longer than ten days, when the same proceedings shall be had as are directed to take place on the day first appointed for the sale. The sheriff shall administer the same oaths to the persons chosen by the commissioners as are directed by this act to be administered to the commissioners by the county or corporation courts. | |
| IX. And be it further enacted, That all and every other act and acts, and part of acts, coming within the purview of this act, shall be, and the same are hereby repealed. | |
| X. This act shall continue in force for three years, and no longer. | |
| CHAP. VIII. An act concerning the Convention to be held in June next. [Passed the 12th of December, 1787.] | |
| I. WHEREAS it is provided by a resolution of the twenty-fifth day of October last, that the proceedings of the fœderal convention to be submitted to a convention of the people for their full and free investigation, discussion and decision; but no provision hath been made for ascertaining the privileges, or defraying the expences of the members of the said convention, during their sessions, and travelling to and from the same, | Convention, to consider the proposed federal constitution, provision for. |
| II. Be it therefore enacted by the General Assembly, That the members of the said state convention, chosen in conformity to the said resolution of the twenty-fifth day of October last, shall have, possess, and enjoy, in the most full and ample manner, all and every the privileges which members elected to, and |
| attending on, the general assembly, are entitled to. −− And moreover shall be allowed the same pay for travelling to, attending on, and returning from, the said convention, as is allowed to members of the general assembly for travelling to, attending on, and returning from the same. | |
| III. Be it further enacted, That the said convention shall be, and they are hereby empowered to make such reasonable allowances to the officers of the said convention for their services as shall be by the said convention deemed necessary. And whereas it is essential to the safety and happiness of the people of this and other states in the union, that the most friendly sentiments towards each other should be cherished, and the greatest unanimity should prevail at all times, but more particularly during the deliberations concerning the great and important change of government which hath been proposed by the fœderal convention, and it is necessary to make provision for the payment of such reasonable expences as may be incurred, in case the convention to meet in this state on the first Monday in June next, should deem it necessary to hold any communications with any of the sister states or the conventions thereof which may be then met, or should in any other manner incur any expence in collecting the sentiments of the union respecting the proposed fœderal constitution, in such manner as to keep up that friendly intercourse and preserve that unanimity respecting any great change of government, which it is the duty and wish of this legislature to promote and cherish: | |
| IV. Be it therefore enacted, that a sum of money not exceeding eight thousand pounds shall be reserved in the treasury subject to the order and disposal of the convention appointed to meet in the city of Richmond on the first Monday in June next, for defraying the expences of the members thereof, or any other expences as before mentioned, and that such money shall be made good from the funds now appropriated, or which may hereafter be appropriated, to the support of civil government; and provided the said fund should be any means prove deficient, then such deficiency shall be made good from any unappropriated money in the treasury. |
| Pages 412-433
| Pages 464-496
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