|Pages 149-162||Pages 180-207|
|Sir W. Berkeley, governor.|
The Honorable Sir WILLIAM BERKELEY,
|Capt. ROBERT WYNNE
|[From a MS. presented to the editor by the court of Northumberland county.]|
|Sherriffes not to make false retornes.||Edi. 1733 and 1752.|
| WHEREAS the sherriffes of the severall (a) counties
doe often contrary to act of assembly accept of the promise of the party arrested instead of
Sheriffs making false returns, fined 3000 lb. of tobacco.
|* In the Northumberland MS. [At a GRAND ASSEMBLY held att James Citty December the second 1661 Annoq Regni Rs. Car. Scdi. 12, 0.' (but this date of the reign of the king is clearly a mistake.)|
| In the Northumberland MS. and edit 1733 and 1752, this is dated the 'second,' but in Purvis, Ch. Citt. MS. and P. Rand. MS. the 'twenty-third.' None of the acts of this session are noticed in the edition of 1769.|
| The commencement of the acts of this session is taken from the Charles City MS. and from a MS. purchased by Thomas Jefferson, late President of the United States, with the library of Peyton Randolph, which contains the laws from December, 1662 to 1697, and will be designated 'P. Rand. MS.'|
|(a) The word 'respective,' between 'several' and 'counties' in Purvis.|
|bayle which by act he is injoyned to take and yet to save himselfe harmlesse doth make a false retorne, as that the writt could not be executed, whereby the creditor is delayed in his suite, or non est inventus returned whereby attachment issues against (a) the defendant, Be it therefore enacted by this present grand assembly and the authority thereof that every sherriffe as shalbe proved to have executed the writt and yet make such false retorne shall be fined three thousand pounds of tobacco, halfe to the publique and the other halfe to the creditor soe delayed. (b)|
|Servants bringing in goods to have the disposing thereof for their owne advantage. (c)||Edit. 1733 and 1752.|
|WHEREAS many servants imported hither (being ignorant of the custome of this country doe sometimes bring in with them some small parcells||Purvis 106.|
|(a) Instead of 'against,' as in Northumberland MS. 'to the damage of,' in Purvis.|
|(b) Instead of 'to the creditor soe delayed,' as in Northb. MS. 'to the party damaged or delayed as aforesaid,' in Purvis.|
|(c) The title of this act, in Purvis and editions of 1733 and 1752 is, 'An act concerning servants, owners of goods.'|
| It is observable that, in the acts of this session, the titles of nearly the
whole of them differ in the Northumberland MS. from those in Purvis and the subsequent revisals,
in which they have certainly been changed from what they were when originally passed. This is
obvious, on a slight comparison. The titles of the acts, in the Northumberland MS. are in the
antique style of that period, and like most of the former titles, briefly express the
substance of the act itself; whereas those in Purvis and the editions of 1733 and 1752, are in a
much more modern style. Besides the variation in the language, it is worthy of remark, that from
this period forward the titles of all the acts in Purvis, and the subsequent revisals,
begin with 'An Act, which is not uniformly the case in the Northumberland MS.|
Improvements in legislation as well as in all other human pursuits are slow and progressive. it is therefore inconsistent with the nature of things, that the legislature should abruptly adopt a mode of proceeding and of expressing themselves so different from that to which they had been accustomed.
There is much less reason to doubt the accuracy and authenticity of the Northumberland MS. than Purvis, or any of the revisals:
[This note concludes on the following page.]
|of goods or have them sent afterwards by their ffreinds which usually the party that imports them, or those to whome they are sold (a) as servants, convert to their owne use, Bee it therefore enacted that all servants bringing in goods (not being their owne wearing apparrell) or have them consigned to them during the time of their service (b) shall have the propriety in their owne goods, and by permission of their master dispose of the same for their future advantage||Servants bringing in goods, or having them consigned to them, to have an absolute property in them.|
|Against persons that refuse to have their Children Baptised.||Edit. 1752.|
|WHEREAS many scismaticall persons out of their aversenesse to the orthodox established religion, or out of the new fangled conceits of their owne hereticall||Purvis 106 & edit. 1783.|
|[This note began on the previous page and concludes
because the former exhibits internal evidence of its containing the laws of each session, which were regularly furnished to the county of Northumberland, immediately after they were passed. But by what authority the acts in Purvis subsequent to those of March, 1661-2, were printed, does not appear. We have already seen (ante p. 147) that the revised laws of March, 1661-2, were transmitted to Sir Wm. Berkeley, then in London, for the king's confirmation; after which they were to be delivered to the assignee of Henry Randolph, to be printed. These revised acts, it would seem were separately and immediately printed, as they are referred to as the printed acts in 1 63 (act X) and in other acts, long before the publication of Purvis. They are the first in Purvis's collection, but that was not published till between the years 1684 and 1687, (see preface fo vol. 1, pa. v.)
The probability is, that the revised acts of March, 1661-2, are printed in Purvis, as they were sent over to London, but that in transcribing the subsequent acts for that collection, more than twenty years afterwards, (for such was the lapse of time between the passing of the acts of March, 1661-2, & the publication of Purvis) great liberties were taken by the transcriber. Indeed the language, not only of the titles, but of the acts themselves, appears to have been newly modelled and modernised: and the innovations introduced in Purvis's collection have been carefully copied into the revisals of 1733, 1752 and 1769. So great and so frequent are the variations that to exhibit them all would add at least one third more the size of the volume. I must therefore confine the 'Various Readings,' to such words and phrases only as affect the sense.
|(a) 'Assigned' in Purvis.|
|(b) The words 'during the time of their service' not in Northb. MS.|
|inventions, refuse to have their children baptised, Be it therefore enacted by the authority aforesaid, that all persons that, in contempt of the divine sacrament of baptisme, shall refuse when they may carry their child to a lawfull minister in that county to have them baptised shalbe amerced two thousand pounds of tobacco; halfe to the informer, halfe to the publique.||Persons refusing to have their children baptised, to be fined 2000 lbs. of tobacco.|
|Judgment upon a non est inventus.||Edit. 1733 and 1752.|
|WHEREAS by the present law where a non est inventus is retorned an attachment is grantable retornable the next court, and judgment upon the same the court ffollowing, yet if the arrest be upon an action of the case upon accompt, prescribes noe way of making proofe of the debt the law for accompts referring them to the oath of the debtor; Bee it therefore henceforth enacted by the authority aforesaid that in all such cases the creditors oath shall be taken to his accompt and judgment passe for the same, as also where bayle is taken and the defendant appears not, the judgment shall upon such proofe made upon oath by the creditor, passe against the bayle for the debt.||Purvis. 107.|
In actions on the case, upon account, if the defdt. appear not, judgment to be rendered on the oath of the plaintiff.
|Women causing scandalous suites to be ducked. (a)||Edit. 1752.|
|WHEREAS oftentimes many brabling women often slander and scandalize their neighbours for which their poore husbands are often brought into chargeable and vexatious suites, and cast in greate damages; Bee it therefore enacted by the authority aforesaid that in actions of slander occasioned by the wife as aforesaid after judgment passed for the damages the women||Purvis 107 and edit. 1733.|
In actions of slander occasioned by the wife she to be ducked for each 500 lb of tobacco recovered of the husband.
|* The running title of the acts of this session in the edition of 1733 is, 'Anno decimo quarto CAROLI secundi regis.'|
|(a) The title of this act in Purvis and editions of 1733 & 1752, is 'An act for punishment of scandalous persons.'|
|shalbe punished by ducking; and if the slander be soe enormous as to be adjudged at a greater damage then five hundred pounds of tobacco, then the woman to suffer a ducking for each five hundred pounds of tobacco (a) adjudged against the husband if he refuse to pay the tobacco.|
WHEREAS by act of Assembly every woman servant haveing a bastard is to serve two yeares, and late experiente shew that some dissolute masters have gotten their maides with child, and yet claime the benefitt of their service, and on the contrary if a woman gott with child by her master should be freed from that service it might probably induce such loose persons to lay all their bastards to their masters; it is therefore thought fitt and accordingly enacted, and be it enacted henceforward that each woman servant gott with child by her master shall after her time by indenture or custome is expired be by the churchwardens of the parish where she lived when she was brought to bed of such bastard, sold for two yeares, and the tobacco to be imployed by the vestry for the use of the parish.
|Edi. 1733 and 1752.|
[See ante pa. 115.]
Women serv'ts gotten with child by their masters, how disposed of.
|Witnesses to be compelled to give in their evidences upon oath where they are summoned.||Edit. 1733 and 1752.|
|WHEREAS the law of this country already made prescribes noe way of compelling witnesses to give in their evidences upon oath; Be it therefore||Purvis 108.|
|(a) The words 'then the woman to suffer a ducking for each five hundred pounds of tobacco,' not in Northumberland MS.|
|enacted, that henceforth all witnesses subpened to give in his or their evidences in any cause, and refuseing to give in his evidence upon oath shall be comitted to prison there to remayne untill he doe take his oath and give in his evidence.||Witnesses refusing to give evidence on oath to be committed.|
WHEREAS by the present law of this country the punishment of a reputed father of a bastard child is the keeping the child and saving the parish harmlesse, and if it should happen the reputed father to be a servant who can noe way accomplish the penalty of that act, Be it enacted by the authority aforesaid that where any bastard child is gotten by a servant the parish shall take care to keepe the child during the time of the reputed fathers service by indenture or custome, and that after he is free the said reputed father shall make satisfaction to the parish.
|Edit 1733 and 1752.|
[See ante pa. 115.]
Men servants getting bastards how to indemnify the parish.
|Noe conveyances allowed which are made in England unles recorded the next shipping after in the secretaryes office.||Edit. 1733 and 1752.|
|WHEREAS dayly experience sheweth that many persons inhabitants of this country doe privily make over their estates to others in England, and by that meanes defraud all their creditors in the country of their debts, Be it therefore enacted that all conveyances of any estate in this country made over to any person in England, or authentique copies thereof shall be sent over into this country the next shipping after they are made and be here recorded in the generall court or else for fraudulent and of noe force to the barringe the claymes of any creditor in this country.||Conveyances made in Eng. of prop'ty here deemed fraudulent as to creditors if not sent over by the next shipping & recorded in the gen. court.|
The defendants in appeales to give bond to answer the appeales.
|WHEREAS by the law of this country all appellants from any courts are bound to prosecute their appeales, but leaves the defendants at their liberty without any security to make his appearance, Be it therefore enacted that henceforth all defendants in appeales shall give bayle for their appearance as in case of arrests, and the sherriffe and bayle to be lyable for non appearance (a) as in case of arrests.||Edit 1733 and 1752.|
Defts. on appeals, to give bail as upon arrests; and bail and sheriffs liable in like manner
|Servants comeing into this country without indentures under the age of sixteen yeares to be brought within fower months to the court, and their ages there judged.||Edit. 1733 and 1752.|
|WHEREAS by act of assembly the severall county (b) courts are appointed judges of the age of servants comeing in without indentures but noe tyme lymitted after their arrival. for the bringing them to those courts, Be it there for enacted that every master buying or bringing in a servant without indenture shalbe enjoyned to carry him to the court within fower months after he hath bought him, when they may have judgment of his age, or else that the servant shall serve noe longer then those of sixteen yeares of age by custome of the country.||Purvis 110.|
(See ante pa. 113)
Servants bro't in without indentures when to have their age adjudged by the court.
|(a) The words 'for non-appearance,' not in Northumb. MS.|
|(b) The word 'county' omitted in Purvis.|
|Negro womens children to serve according to the condition of the mother. (a)||Edit 1733 and 1752.|
|WHEREAS some doubts have arrisen whether children got by any Englishman upon a negro woman should be slave or ffree, Be it therefore enacted and declared by this present grand assembly, that all children borne in this country shalbe held bond or free only according to the condition of the mother, And that if any christian shall committ ffornication with a negro man or woman, hee or shee soe offending shall pay double the ffines imposed by the former act.||Purvis 111.|
Children to be bond or free, according to the condit'n of their mother.
Double fines for fornication with a negro.
|Women servants whose common imployment is working in the ground to be accompted tythable.||Edit 1733 and 1752.|
|WHEREAS diverse persons purchase women servants to work in the ground that thereby they may avoyd the payment of levies, Be it henceforth enacted by the authority aforesaid that all women servants whose common imployment is working in the crop shalbe reputed tythable, and levies paid for them accordingly; and that every master of a family if he give not an accompt of such in his list of tythables shalbe fined as for other concealments.||Purvis 111.|
Women serv's employed in the crop, tithable.
|(a) The title of this act in Purvis and editions 1733 and 1752, as well as in Ch. Cit. and P. Rand. MS. is, 'An act for mulatto children, being bond or free, to serve according to the condition of the mother.' This title was evidently composed long after the passage of the act itself. The word 'mulatto' does not occur in the act, nor is it probably that it was then known in the English language. The MSS. of this period, except the Northb. bear evident marks of having been compiled from the same materials of which Purvis was printed, and cannot be considered as furnishing any additional weight to his authority. As a proof of this, act XV, XVI, XVII and XVIII, of the session of 1663, which were omitted in Purvis, are also omitted in the Ch. City and P. Rand. MSS. though the titles are given in the edit. of 1733 and 1752. the acts at large in the Northumberland MS.|
An act ascertaining damages upon bills protested. (a)
WHEREAS daylie experience sheweth the great damage susteined by divers merchants and other inhabitants of this country by bills of exchange protested, and since the usuall advance upon goods if fiftie per cent, Bee it therefore enacted that every person in this country drawing one or more bills of exchange upon any man which shall returne the same protested, shall pay to the creditor for his damage by losse of his returne thirty per cent: And be it further enacted that if any person in England or else where upon whom any person in this country draws bills of exchange, shall refuse to accept them, and soe cause them to be protested, and yet sufficient proofe be made that the person on whom such bills were drawne had at the time of his causeing that protest effects enough in his hands to have satisfied the said bill, that then it shall be lawfull for the drawer of the said bills to sue and recover of the attorney or estate of such person (proved to have effects in his hands as aforesaid and yet causeing the bills of the drawer to be protested) full satisfaction for his debt, and thirty per cent damages according to the first part of this act.
| The title only of this act is given in Purvis & edi. 1733 and
30 per ct. damages on bills of exchange protest'd agst. the drawer.
Also 30 per ct. ag'nst drawee refusing to accept, when he had effects of the drawers sufficient.
|Laws to be made by every county and parish, and those to be binding to those counties and parishes wherein they are made.||Edit. 1733 and 1752.|
|WHEREAS oftentimes some small inconveniencies happen in the respective counties and parishes which cannot well be concluded in a general law, Bee it therefore enacted, that the respective counties and the severall parishes in those counties shall have liberty to||Purvis 115.|
Counties & parishes authorised to make bye-laws.
|(a) This act is taken from the Ch. Cit. MS. which agrees precisely with the P. Rand. MS. In the Northumb MS. the act is incomplete, having only the last section. The title of it there is, 'Thirty per cent. allowed upon bills of exchange protested against the drawer.'|
|make lawes for themselves, and those that are soe constituted by the major part of the said counties or parishes to be binding upon them as fully as any other act.|
An act for building a towne. (a)
WHEREAS his sacred majestie by his instructions hath enjoyned us to build a towne, to which though our own conveniencies of profit and securitie might urge us, yett encouraged by his majesties royall commands, to which in dutie wee are all bound to yeild a most ready obedience, this grand assembly takeing into their serious consideration the best meanes of effecting it have in reference thereto enacted.
| The title only of this act is given in purvis & edi. 1733 and
|First. That a towne be built at James Citty as being the most convenient place in James River, and alreadie best fitted for the entertainment of workemen that must be employed in the work.||A town to be built at James City.|
|That the towne to be built shall consist of thirty two houses, each house to be built with brick, forty foot long, twenty foot wide, within the walls, to be eighteen foote high above the ground, the walls to be two brick thick to the water table, and a brick and a halfe thick above the water table to the roofe, the roofe to be fifteen foote pitch and to be covered with slate or tile.||To consist of 32 houses, of brick; their dimensions, &c.|
|2dly. (b) That the houses shall be all regularly placed one by another in a square or such other forme as the honorable Sir William Berkeley shall appoint most convenient.||Houses how arranged.|
|3dly. That for the better expediteing this worke, each of the several seaventeen counties build one house, and to that purpose be authorized to impresse in each of the said respective counties, bricklayers, labourers, carpenters, sawyers and other tradesmen necessary to be readie at such time as the governour shall think fitt.||Each of the 17 co'ties to build 1 house & may impress workmen.|
|(a) This act is taken from the Ch. Cit. MS. which agrees precisely with the P. Rand. MS. and differs only in the few unimportant words from the Northb. MS as noted at the bottom of the pages.|
|(b) The division of the act into sections, from Northb. MS.|
|4thly. That for avoideing the exaction of workemen, the price of bricks, the wages of workemen and labourers and their diett at the ordinaryes shall not exceed the prices following, vizt.||Wages of workmen & price of materials, viz.|
|Bricks being statue brick and well burned, one hundred and fiftie pounds of tobacco per thousand; labourers beside diett two thousand pounds of tobacco by the yeare.||Price of bricks.|
|Brickmakers haveing theire diett and six able labourers to helpe them, provided at his or their charge that employ them, and wood sufficient brought in place for each thousand bricks moulded and burned, fortie pounds of tobacco.||Wages of brick-makers.|
|Bricklayers haveing theire diett and three able labourers to attend each of them, for each thousand of bricks layed fortie (a) pounds of tobacco.||Of brick layers.|
|Carpenters per day besides theire dyett thirty pounds of tobacco.||Of carpenters.|
|Sawyers for boardes and summers one pound of tobacco per foot, for timber for joyce, windowes, door cases and rafters, principalls, purloyners and other small timber, the said sawyers finding themselves and labourers dyett, halfe a pound per foot in length.||Of sawyers.|
|5thly. And because such generall workes must have perticular persons to see to the manageing of them, It is further enacted, that the commissioners of the respective county courts take care that this worke be perfected, and that they have their workemen readie to go to worke within twenty daies after they have notice from the governour, that the bricks and shells are readie, and also to beginne their timber worke so timely that it may be all in readiness by the last of May and laid on soe soon as the brickworke is readie for it.||Superintendants to be appointed by the county courts.|
When the work to be commenced.
|And in case any one commissioner or more of any countie court shall refuse theire assistance or neglect the performance of their duty, such commissioner or commissioners soe offending to bee ffined one thousand pounds of tobacco, each of them to the use of the publick. (b)||penalty on justices for neglect.|
|(a) 'Fifty in Northb. MS. (b) 'Towne' in Northb. MS.|
|6thly. And be it further enacted that everie ordnary keeper shall sufficiently dyett each labourer a yeare for one thousand pounds of tobacco, and each workman for fifteen hundred pounds of tobacco per year.||Price of board in ordinaries, limited.|
|7thly. Because works of soe publique concernement can hardly bee effectually managed but with great damage of the private undertakers without some contribution from the publique to assist them, It is therefore enacted, that a levye of thirty pounds of tobacco per poll be raised through the whole countrey, and that out of the said levie, each county or other undertaker shall have tenn thousand pounds of tobacco towards the building the said house, provided the same be completely finished within two yeares after the subscription to build; and what houses soever shall be in the judgment of the governour and councill in September next be likely to be finished by Chrismas following, the undertakers of such houses whether counties or perticular persons shall out of the levie of thirty per pole aforesaid then raised be ordered to receive the said tenn thousand pounds of tobacco for each house, and the governour and councill soe to dispose of the surplusage of the said levie, as that it may be secured to the undertakers of the other houses when they are finished. And because the end for which this towne is built would be wholly frustrated unles expedition be used in the effecting it, Bee it therefore enacted, that all persons intending to be undertakers in this worke shall come in and subscribe their undertakings at James Citty by the last of March next. And because any person or persons undertaking and not performing what they subscribe for, doe by their hindering the subscription of others much prejudice the worke, Bee it therefore further enacted, that whoever he or they be that by the last of March next shall subscribe to build one or more houses, and not performe the same within two yeares after the said subscription, shall be fined fifteen thousand pounds of tobacco to the use of the towne. And bee it further enacted, for the encouragement of the undertakers, that every one building a brick house as aforesaid shall have ground assigned him to build a store on, and shall have the proprietie of the said store and house to him and his heires for ever; and because stores which are built att little cost are||Levy of 30 lb. tobacco per poll to assist in the
Allowance to undertakers.
Undertakers to subscribe.
Pen'ty for subscribing & not compl'g with the terms.
Premiums for building brick houses; gr'nd for a store, & an exclusive privilege to build it.
|likely to produce the greatest benefitt, it is further enacted that noe person or persons but such as build houses as aforesaid shall have the priviledges to build stores. And because these preparations of houses and stores will be alltogether useless unles the towne be made the marte of all the adjoyning places, Bee it therefore enacted that all the tobacco made in the three counties of James Citty, Charles Citty, and Surry shall the next yeare when the stores be built be brought by the inhabitants to towne and putt in the stores there built, and whoever in any of the said three counties shall refuse to bring downe his tobacco, shall be fined one thousand pounds of tobacco, halfe to the informer, halfe to the use of the towne, the full meaning and intent of this act being that all the tobaccoes in these three counties shall be brought to the stores before it be laden aboard the shipp; and to prevent the exactions may be used in sloop men who must necessarily bee employed in bringing the tobacco to towne, and of owners of stores for storehouse room, It is further enacted that the owner of the tobacco bringing his tobacco att the landing where it is to be taken in, shall pay the transporter noe more then ten pounds of tobacco per hogshead for the storage; And for the readier vending the tobacco soe brought to the towne, Bee it further enacted that all shipps that are to take in any part of theire loading above Mulberry Island shall ride at anchor, and all merchants keep their stores onely att the towne, where all goods and merchandizes whatsoever imported, and all goods and merchandizes to be exported shall be landed and loaded; and all goods and merchandizes at any other place above Mulberry Island wheresoever that is landed, loaded, bought and sold contrary to the intent of this act, shall be confiscate and forfeited, halfe to the use of the towne, halfe to the informer; And because for feare of having theire persons arrested or theire goods seized may possibly deterr many persons from comeing thither to trade; Bee it therefore enacted that for and during the tearme of two yeares next after the beginning of the worke noe arrest, execution or process of lawe shall proceed against any mans person or estate in the towne, dureing his abode within the limitts of the said towne, or in his comeing to or||All the tobacco made in Js. City, Ch. City & Surry, to be
brought to the town.|
Penalty for neglect.
Prices of carriage and storage limited.
Ships loading above Mulb'ry Island, to anchor, & stores to be kept at the towne only.
Penalty for breach.
Persons working in, or coming to town, privil'gd from arrests for two years after the building commenced.
| goeing from thence, onely for such debts as accrue by any bargain, contract or
negotiation made within the lymitts of the said towne for which imediate process shall be
granted, as alsoe against any of the inhabitants, and against all such persons that by the
governour and councill shall be adjudged to have committed any capitall crimes; And to the intent
that noe other person should fraudulently make bargaines at any other place than the towne, and
escapeing thither pretend exemption from prosecution, it is enacted that this act be
published perticularly in all places. And because something to be done about so great a worke may
perhaps be omitted in this act, the redresse of such omissions is referred to the discretion of
the governour and councill in the vacancie of the assembly: And though in the infancy of this
designe it might seem hard to demolish any wooden houses already built in the towne, yett it
hereby provided and enacted that noe wooden houses shall hereafter built within the
limitts of the towne, nor those now standing be hereafter repaired, but brick ones to be erected
in theire steads.
* Be it further enacted that the levie of thirtie per pole shall be paid onely one yeare to James Towne, the next yeare to the town to be built in Yorke River, next in Rappahannock River, then in Potomack River, then at Accamack, with the same injuctions of bringing their tobacco to the respective townes for the advancement of the markett.
|Except debts contracted in town.|
And for capital offences.
Fraudulent exemptions from arrest, how guarded against.
No more wooden houses to be built in the town or repaired.
The levy of 30 lb. tobacco pr. poll, to be paid one year to Js. Cit. only; then to the towns to be built on Y'k, Rappahan'ck, Potomack and in Accomack.
|An act for the imposition of 2 shillings per hogshead.||Purvis 112 and edit. 1733 and 1752.|
|.WHEREAS the kings most excellent majesty hath been graciously pleased by his instructions to the right honourable Sir William Berkeley bearing date the twelveth of September 1662 to confirme the||Preamble.|
|* The remaining part of this act forms a separate chapter in Northb. MS. under the title of 'An act for a Levye', but the subject matter seems properly to arrange it under the preceding act.|
| This act is taken from Ch. Cit. MS.|
|imposition of two shillings imposed by a former act of assembly upon every hogshead of tobacco exported out of this collony, with the limitations offered to his majestie by his majesties council of trade for the plantations, Bee it therefore enacted by the present grand assembly, that the limitations in the said order of his majesties councill for plantations be strictly observed, and that no merchants, masters, marinners or any other person or persons shall receive or shipp aboard any shipp, vessell, barque, sloope or boate any tobacco before the said imposition of two shillings per hogshead be duly paid in moneys or the value thereof in goods or merchandize unto the collector or collectors appointed by the right honourable the governour and due certificate or cocquett from him or them received. And in case any master shall receive any tobaccoes aboard without such conquetts, or certificates first had from the said collector or collectors, all such goods to be confiscated to the use of the publique.|
Imposition of 2s. per hhd. on tob'o. exported confirmed by the king.
Penalty for shipping tob'o. before the duty be paid; & certificates or cockets obtained.
|Concerning castle duties.||Edit. 1733 and 1752.|
|WHEREAS the act of assembly enjoyning each master of a family to provide a certaine quantity of powder and shott for each tithable in his family is rendered altogether ineffectuall unles meanes be prescribed how such powder should be procured: Be it enacted or ordained by this present grand assembly that for the better supply of the country all masters of ships may pay their fort duties in kind, vizt. halfe a pound of good merchantable musquett powder and three pound of leaden shott for each tunn their shipp is off burden, to the captain of the ffort, and that the said captain of the ffort shalbe paid for what the said powder and shott shall amount to out of the impost of two shillings per hogshead, in bills of exchange at the rate he receives it from the masters, vizt. at one shilling per pound powder, and two pence per pound shot. And it is further enacted that if any of the masters of ships or other vessels should not pay their respective ffort duties of halfe a pound of merchantable musquett powder and three pound of leaden shott, and six||Purvis 113.|
[See vo. 1, ind. title 'Cast duties,' and ante pa. 135.]
Castle duties may be payable in kind, viz. 1-2 lb. musket powder, 3 lb. leaden shot, per ton.
Capt. of fort to be paid the value by the public.
|pence per poll all of them in their very kinds, that then the said masters shall pay the same to the said captain of the ffort, or in his absence to his attorney or attorneys in money or in bills of exchange, any other act to the contrary not withstanding.||If not paid in kind to be paid in money or bills.|
WHEREAS through the great taxes, which of necessity must be layd upon the country poore men are most likely to suffer if they shalbe forced to pay in their respective counties for the wolves heads besides the publique levyes, and suffer the usual damage by unruly horses, not to be restrayned by any legall ffence, Be it therefore enacted that the accustomed encouragement for destroying of wolves be continued, but that it be layd only upon horses of all kinds being above two yeares old belonging to any person whatsoever in this country not excepting governour and councell proportioned in every county to the wolves heads there killed, Henrico county only being excepted and (a) referred to the by lawes.
| The tit. only of this act in Purvis & edit. 1733 and 1752.|
Tax on horses appropriated as a reward for killing wolves.
Encouragement for builders of Shipps.
|FOR encouragement for builders to build vessells in this country Bee it enacted that every one that shall build a small vessell with a deck bee allowed, if above twenty and under ffifty tunn, ffifty pounds of tobacco per tunn, if above fifty and under a hundred tunns, one hundred pounds of tobacco per tunn; if above one hundred tunn, two hundred pounds of tobacco per tunn, Provided those that receive this incouragement shall give caution that the said vessell soe built shall not be sold to any unles to another inhabitant in the country for three yeares.|| The tit. only of this act in Purvis & edit. 1733 and 1752.|
Premiums for build'g vessels apportioned to their burthen.
|(a) The words 'being excepted and' not in Northb. MS. but inserted in Ch. Cit. and P. Rand, MSS.|
Tradesmen to pay levies.
|WHEREAS the necessity of the country requires extraordinary taxes to be laid upon the country at present, Bee it therefore enacted that the former act exempting tradesmen and handy craftsmen from paying levies be suspended for five yeares and they to pay as formerly.||Act exempt'g tradesmen from payment of levies suspended 5 years.|
WHEREAS the act for itenerary judges brings with it a great charge to the country, Bee if therefore enacted that the law enjoyning the same be repealed
| The whole of this act omitted in Pur. but the title in edit. 1733 and 1752.|
Iten'ry judges abolished.
|WHEREAS the act restrayning exportation of hides lays the penalty upon only the buyers, and therefore produced not the effect that was intended thereby which was the supply of the country with leather, Be it therefore enacted that whosoever shall sell or otherwise dispose of any hides contrary to the intent of the former act shalbe fined for every hide soe by him sold or otherwise disposed of to be exported one thousand pounds of tobacco; and it is granted by this act that sale made of hides to any person liveing in the country, the clause in the former act comanding them to be sold in the county to the contrary notwithstanding.||Edit. 1733 and 1752.|
[See an. p. 124.]
Penalty on sellers of hides for exportat'n.
Not to prevent sales to pers's living in the country.
|This assembly is adjourned untill the tenth of October unles the governour see cause to call it sooner.||Adjournment.|
|Signed by Sir WM. BERKELEY,
ROBERT WYNNE, Speaker.
(Note to edit. 1733 & 1752.)
|* The title of this act wanting in the Northb. MS. but the act itself is inserted. The title and act taken from Ch. Cit & P. Randolph MS.|
|Pages 149-162||Pages 180-207|