|Volume Map||Pages 26-46|
| THE |
Statutes at Large;
OF ALL THE
LAWS OF VIRGINIA
FIRST SESSION OF THE LEGISLATURE,
IN THE YEAR 1619.
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT.
By WILLIAM WALLER HENING.
PRINTED FOR THE EDITOR.
AT THE FRANKLIN PRESS. −−MARKET BRIDGE
| P R E F A C E |
Seventh Volume of the Statutes at Large.
| The Editor is now enabled to present to the public, a volume of the
Statutes at Large, without the omission of a single act, either public, private, local or
temporary. He has already announced his intention to publish the few acts, which were unavoidably
omitted in the former volumes, in an appendix to the last volume, with a GENERAL INDEX to the whole work. Part of the materials have
been obtained since the publication of the sixth volume.|
The colony having, with its usual loyalty, made great exertions to aid the mother country in prosecuting the French and Indian war, much of this volume is taking up with providing the purse and the sword. Some other acts of a general nature, deserve to be particularly noticed. Such as the act providing that Tobacco debts might be paid in money, at a certain stipulated rate (a); the repeal of the act, giving a reward for Indian scalps (b); an act for encouraging arts and manufactures (c); an act for better regulating the election of burgesses (d); and an act for the relief of insolvent debtors, on the principles of the bankrupt law of England; which never went into operation, it having been repealed at the next session (e).
At the end of this volume, the two important proclamations of 1754, and 1763, (from which titles to large tracts of valuable lands, on the western waters are derived,) are inserted.
In order to commence the laws of the revolution with a volume, it has been found necessary to extend this to upwards of 700 pages; more than one hundred beyond the editor's prospectus. This will be a loss to the editor, but will be attended with no additional cost to his subscribers.
|WILLIAM WALLER HENING.|
|(a) See pa. 240, 277. (b) See pa. 241. (c) See pa. 288, 563. (d) See pa. 517. (e) See pa. 549, 643.|
| List of Governors of Virginia, during the |
period comprised in this volume.
|ROBERT DINWIDDIE, ESQ. who had been appointed Governor sometime between 1749, and 1752, (see list of Governors prefixed to the 6th volume,) continued until the 10th of February 1758, (see proclamation book in the office of the General Court, from 1748 to 1679, pa. 207,) when Francis Fauquier, Esq. was appointed his successor.|| Robert Dinwiddie, esq. |
Francis Fauquier, esq.
| ANNO REGNI |
Regis Magnæ Britanniæ, Franciæ, et
Hiberniæ vicesimo nono.
Robert Dinwiddie, esq. Governor.
|I. WHEREAS it is necessary that the troops raised for the protection of the frontiers of this colony should be augmented, and money raised for their support and maintenance: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the sum of one shilling, or ten pounds of tobacco, at the option of the payer, shall be paid for every tithable person in this colony, to the sheriff of the county where such tithable shall be listed, by the person inlisting such tithable, on or|| Preamble. |
The tax and how to be collected.
|before, the tenth day of April one thousand seven hundred and fifty-eight, and the further sum of one shilling, or ten pounds of tobacco, for every such tithable, shall be paid, in like manner, on, or before, the tenth day of April, one thousand seven hundred and fifty nine; and the further sum of one shilling, or ten pounds of tobacco, for every such tithable, shall be paid in like manner, on or before the tenth day of April, one thousand seven hundred and sixty, which shall be collected by the sheriffs, according to the lists of tithables taken, and subsisting at the time of payment in each year. And where any sheriff shall discover any tithables not inlisted, such sheriff is hereby impowered and required to collect and levy the said duties respectively, upon the person so discovered, and account for, and pay the same, in like manner, as if such tithable had been inlisted. And that the sum of one shilling, or ten pounds of tobacco, at the option of the payer, for every hundred acres of land, and after that rate, for a greater or lesser quantity, shall be paid by the owner or proprietor thereof, on the said tenth day of April, in each of the said years, to the sheriff of the county, wherein such land shall lie, and to be collected by, and according to the rent-rolls delivered to the sheriffs respectively, for the collection of his majesty's quit-rents, in each of the said years. And from the proprietors of lands, in the Northern Neck or territories of the right honorable Thomas, lord Fairfax, by, and according to the accounts by them delivered to the sheriffs, which they are hereby required to do, in each of the said years, in the manner, and at the time, directed and prescribed by one act of Assembly made in the twenty ninth year of the reign of his present majesty, intituled, An Act for raising the sum of forty thousand pounds for the protection of his majesty's subjects on the frontiers of this colony; and every person failing so to do, shall forfeit and pay the sum of ten pounds for every such failure, and the sheriffs of the several counties, within the said territory, are hereby required to collect the said land-tax from the said proprietors, according to the accounts so to be delivered to them respectively, and in case of failure in payment of the said land-tax or poll tax at the times before limited for the payment thereof respectively, it shall be lawful for the sheriff of each county in this colony, to levy the same by distress, and sale of the|
|slaves, goods and chattels, of the person so failing, in like manner, as is provided in case of other distresses; and where there are no effects to be found upon the lands hereby chargeable with the said land-tax, it shall be lawful for the sheriff of the county, where the proprietor of the said land lives, to levy the said tax upon the estate of such proprietor, wherever the same can be found.|
|II. Provided, That nothing in this act contained, as to the payment of the said taxes, shall extend to the inhabitants residing on the waters of the Missisippi, and in the county of Hampshire, who are hereby exempted for themselves and other tithables on the said waters, and within the said county of Hampshire, from the payment of the said poll-tax, and also from the payment of the said land-tax.|| |
|III. And be it further enacted, by the authority aforesaid, That the several sums of money to be collected, by virtue of this act, for the said land and poll tax, shall be by the sheriffs respectively, accounted for upon oath, and paid to the treasurer of this colony, for the time being, appointed by, or pursuant to an act of Assembly, on, or before, the tenth day of June next following the time herein before limited, for payment of the said taxes in each year, after deducting five per centum for each sheriff's salary in collecting the same, and be accounted for by the said treasurer to the General Assembly, after deducting two per centum for his salary, in receiving and paying the same.||Taxes to be accounted for, on oath, by the sheriff.|
|IV. And be it further enacted, by the authority aforesaid, That the sheriff of every county shall, on, or before, the first day of December, in each of the said years give bond and security before the court of the county, whereof he is sheriff, for the due collection and payment of the said duties, so to be collected by him for the year ensuing. And if any sheriff shall die, or be removed from his office, after having given such bond, and before the collection is made, for which such bond was given, the succeeding sheriff shall, in like manner, give bond and security at the time he shall be sworn into his office, and shall collect, levy, and account for so much of the said taxes, as shall remain unpaid to the sheriff so dying, or being removed. And if any sheriff shall refuse, or fail to give security according to the direction of this act, the county-court is hereby||Sheriffs to give bond &c.|
|impowered and required to appoint some other person to collect the taxes imposed by this act, and directed to be levied by such sheriff, and the person so appointed, shall give bond and security in like manner, and shall have power and authority, and is hereby required to collect, levy, and account for the said taxes, in the same manner, as is directed in case of the sheriff; and if the sheriff or collector shall refuse or neglect to account for, and pay the said taxes, according to the directions of this act, after deducting the several sums chargeable to persons who have no visible estate in his county, it shall and may be lawful for the general court, or the court of the county whereof he is sheriff or collector, upon a motion to them made by the treasurer, to give judgment against such sheriff or collector, and his security, for all the money wherewith he is chargeable by virtue of this act, and thereon to award execution, provided that such sheriff or collector have ten days previous notice of such motion.|
|V. And whereas many sheriffs of this colony have failed to give security according to the directions of former acts of Assembly, for collecting the taxes heretofore laid and assessed, but have notwithstanding received large sums of money and tobacco for such taxes, and have failed to pay the same to the treasurer, according to the directions of the said acts: Be it further enacted, by the authority aforesaid, That if such sheriff shall fail to account for, upon oath, and pay all such sums of money or tobacco as they shall have received for such taxes, to the treasurer of this colony, within two months after the passing of this act, such sheriff shall forfeit and pay the sum of five hundred pounds to our sovereign lord the king, to, and for the same uses as the taxes laid by this act are appropriated, and it shall and may be lawful for the general court, or the court of the county whereof he is sheriff, upon a motion to them made by the treasurer, to give judgment against such sheriff, for all the money or tobacco which he has received by virtue of the said acts, and also for the said sum of five hundred pounds, and thereon to award execution, provided that such sheriff have ten days previous notice of such motion.||Where the sheriffs have failed in their duty.|
|VI. And be it further enacted, That all persons who have duly paid their taxes to such sheriffs, not having given security, as aforesaid, shall not be obliged||Indemnification to persons having paid their|
|pay the same again to the succeeding sheriff, provided they produce receipts to the sheriff of their having already paid the same.||taxes to the sheriff.|
|VII. And be it further enacted, That the sheriff of every county shall, at the time of his entering into his office, enter into bond with sufficient security, in the penalty of one thousand pounds, payable to his majesty, his heirs and successors, for the due collection and payment of the taxes already laid, and to be laid and assessed by this, or any other act of Assembly of this colony, besides the bond and security he is already by law obliged to give for the due performance of other parts of his office.||Penalty of the additional bond to be given by the sheriffs.|
|VIII. And be it further enacted, by the authority aforesaid, That the penalties and forfeitures by this act inflicted, shall be to our sovereign lord the king, his heirs and successors, to, and for the same uses as the taxes imposed by this act are herein after appropriated, and shall and may be recovered with costs, by action of debt or information, in any court of record within this dominion.||Appropriation.|
|IX. And be it further enacted, by the authority aforesaid, That John Robinson, Peyton Randolph, Charles Carter, esquires; Carter Burwell, Benjamin Waller, John Chiswell, Richard Bland, James Power, William Digges, Dudley Digges, John Page, John Norton, William Harwood, George Wythe, Landon Carter, Edmund Pendleton, and Robert Carter Nicholas, gentlemen; or any seven of them, shall from time to time, with the consent and approbation of the governor or commander in chief of this dominion, for the time being, direct and appoint how the said money shall be applied towards the raising, maintaining, arming, and providing for so many men to be raised for the better protection and defence of the frontiers, as they shall think necessary, so as the whole men so to be raised, including the men formerly directed to be raised, do not exceed fifteen hundred men, and that the said directors shall, as often as there shall be occasion of money for the uses aforesaid, apply themselves to the governor, or commander in chief, for the time being, to issue his warrant to the treasurer for paying so much money as shall be wanting for the purposes aforesaid, not exceeding the sum of twenty thousand pounds, who is hereby required to pay the same accordingly, and the said directors shall keep an account of their proceedings,||Directors & their duty.|
|and of the several particular services for which they shall appoint the said money, to be laid out in pursuance of this act, and lay the same before the general Assembly when required.|
|X. And be it further enacted, by the authority aforesaid, That within twenty days after the passing of this act, the county lieutenant, or chief commanding officer of the militia in every county, and of the city of Williamsburg, and borough of Norfolk, except of the county of Hampshire, is hereby impowered and required, to summon and hold a council of war, of the field officers and captains of the militia, of his county, city, or borough, at which council of war the several captains of the militia of such county, city, or borough, shall deliver in lists in writing of all the single men in their respective muster-rolls, and in their respective precincts, where the militia of any county have not been duly inlisted and inrolled, according to the militia laws now in force; which council of war shall enter the names of all the able-bodied single men upon a list, and shall immediately appoint a certain day, within ten days after the day on which they first met, in pursuance of this act, for the said able-bodied single men of such militia, to beet at the court-house of such county, city, or borough, of which day the said council of war shall cause public notice to be given, by putting up advertisements thereof at all places of public resort in such county, city, or borough: And the said county-lieutenant, and the field officers and captains of the militia of such county, city, or borough, shall also meet on the day appointed, as aforesaid, at the court-house of such county, city, or borough, and being there met, shall hold another council of war, and shall then inlist all such able bodied men as will voluntarily enter into his majesty's service, but in case so many of them will not voluntarily inlist as will make one of every twenty to the militia, then they shall cause so many distinct blank pieces of paper to be prepared, as the number of the able-bodied single men of such militia may amount to, upon one of which pieces of paper for every twentieth man of which such militia shall consist (after first allowing for such as will voluntarily inlist in his majesty's service, and also for such of the said able-bodied single men who shall fail to appear according to the notice given by the said council war, who shall be first pricked down, and are hereby declared||The method of drafting the militia.|
|to be soldiers duly inlisted in his majesty's service, unless they shall send to such conncil of war sufficient excuses for their non-attendance) shall be written the words following, to wit, "This obliges me immediately to enter his majesty's service," which distinct pieces of paper so prepared, and written upon as aforesaid, together with the rest of the said papers, (which will remain blank, after one for every twentieth man of such militia shall be written upon as aforesaid) in the presence of the said council of war, or the major part of them, shall be put into a box, made for that purpose, which box shall be placed upon a table in the court-house, before such council of war, and then the said council of war shall cause all the said able bodied single men, (not voluntarily inlisting as aforesaid) one after another, in the presence of such council of war, to draw forth one of the said pieces of paper, out of the said box (the same having been first well shaken and the papers therein mixed together) and immediately to hold up the same to public view; and the person, and persons, whose lot it shall be, to draw forth out of the said box, any of the said papers, so written upon as aforesaid, shall immediately thereupon be deemed and taken to be an inlisted soldier, and as such shall be entered upon a list to be prepared for that purpose, by any indifferent person, to be then appointed by such council of war, unless such person shall immediately pay down to the chief officer, present at such council of war, the sum of ten pounds (to be by such chief officer paid to any person, or persons, who shall enter into his majesty's service, in the room of such person who shall pay the same, and in case no person will accept of the same, upon those terms, then to be by such chief officer accounted for, and paid to the treasurer of this colony, and by him to be applied to the same uses as the taxes laid and imposed by this act, are directed to be applied) or shall immediately procure some other able-bodied person to serve as a soldier in his stead; and the person, or persons, who shall draw out of the said box, any of the said blank papers, shall be discharged from being drafted out of the militia of such county, city, or borough, to serve as a soldier, and such person and persons, so drafted and inlisted, in the manner aforesaid, and failing to pay down the said sum of ten pounds, or to procure some other able-bodied person to serve in his stead,|
|shall be immediately delivered by such council of war, to the officer appointed by the governor or commander in chief, to attend the drafting of the militia in each county, city, or borough, respectively, and shall be by such officer received as soldiers inlisted in his majesty's service, and marched and conducted to such place or places, as the governor or commander in chief shall direct and appoint, and shall continue in his majesty's service until the first day of December next, and shall then be discharged from the said service if they shall require it.|
|XI. And be it further enacted, by the authority aforesaid, That the soldiers so drafted and inlisted, in manner aforesaid, shall be incorporated with, and become soldiers of the Virginia regiment, and shall receive the same pay and rewards, and be entitled to the same immunities and privileges, and be subject to the same government and discipline, as the soldiers of the said regiment, now in the pay of this colony, do receive, and are entitled, and subject to.||Militia so drafted to be incorporated with the Virginia regiment.|
|XII. And be it further enacted, That if any such able-bodied single man shall fail to appear at the council of war, directed to be held as aforesaid, on the day to be appointed and notified in manner aforesaid, without sending sufficient reasons to the said council of war for his non-attendance, as aforesaid, such person, and persons, shall thereupon be deemed soldiers duly inlisted in his majesty's service, as aforesaid, and as such shall be taken by the captain of the company to which he belongs, or of the precinct in which he lives, by warrant under the hand of the commanding officer present at such council of war, and shall be by the said captain delivered to any constable of such county, city, or borough, with his warrant to convey and deliver him, from constable to constable, to the officer to be appointed to receive the drafted militia, as aforesaid.||Where any fails to appear at the council of war.|
|XIII. And be it further enacted, by the authority aforesaid, That if the county lieutenant or chief officer of the militia of any county, or of the said city or borough, shall fail to call a council of war, within twenty days after the passing of this act, and to proceed in the manner before directed for drafting the militia, he shall forfeit and pay the sum of five hundred pounds, and if any other of the said officers of the militia shall fail to attend such council of war, after||Penalty on the officer.|
|being summoned thereto by their chief officer, as aforesaid, they shall respectively forfeit and pay the sum of one hundred pounds, and the other officers present at such council of war, shall certify to the next court to be held for such county, or for the said city or borough, the names of all such field officers and captains who shall fail to attend such council of war, which court shall thereupon order such officers to be summoned to appear at the next court to be held for such county, city, or borough, and unless they shall make out a sufficient excuse for their non-attendance at such council of war, they shall enter judgments against them respectively, for the fines aforesaid, and thereon award execution, which fines, when levied, shall be by the sheriff of such county, or the serjeant of the said city or borough, accounted for, and paid to the treasurer of this colony, and by him applied to the same uses, as the taxes by this act imposed, are directed to be applied.|
|XIV. And whereas it is expected, that many persons will, to avoid being drafted as soldiers, according to the intention of this act, enter themselves as overseers, by which means they may be deemed not a part of the militia: Be it enacted, by the authority aforesaid, That no person not having been bona fide an overseer, according to the description of the laws for the better regulation of the militia, on or before the twenty-fifth day of March last, shall be exempted from being drafted in the militia, pursuant to the intention of this act.||Overseers.|
|XV. Provided always, That nothing herein contained, shall extend or be construed to extend to impower the governor or commander in chief, or any other officer, to lead or march the soldiers hereby raised, or cause them to be led or marched out of this colony.||Militia so drafted not to be carried out of the colony.|
|XVI. And be it further enacted, That so much of the said act, intituled, An act for raising the sum of forty thousand pounds, for the protection of his majesty's subjects on the frontiers of this colony, as relates to the drafting the militia be, and the same is hereby repealed.|
|XVII. And whereas the frontiers of this colony are in a very defenceless situation, and openly exposed to the incursions and depredations of our cruel and savage enemies, who are daily destroying the lives and||A chain of forts to be erected.|
|estates of the inhabitants of that part of the colony, and it is necessary that forts should be erected in those parts, to put a stop to those violent outrages of the enemy, and to protect the inhabitants in their lives and properties; Be it further enacted, by the authority aforesaid, That a chain of forts shall be erected, to begin at Henry Enochs, on Great-Cape-Capon, in the county of Hampshire, and to extend to the South-Fork of Mayo-River, in the county of Halifax, to consist of such a number, and at such distance from each other, as shall be thought necessary and directed by the governor, or commander in chief of this colony, for the time being, who is hereby desired to appoint some proper person with such a number of the forces, in the pay of this colony, as he shall think necessary to erect and build such forts, and to issue his warrant to the treasurer for paying so much money as shall be thought necessary, for the purposes aforesaid, by the committee herein before nominated and appointed, not exceeding the sum of two thousand pounds, who is hereby directed to pay the same accordingly, and the governor or commander in chief, for the time being, is hereby also desired to appoint so many men, with such officers as he shall think proper to garrison such forts, when erected.|
|XVIII. And whereas by reason of the long time allowed for collecting the duties imposed by this act (which from the distressed circumstances of the people, and the great scarcity of gold and silver coin in this colony, could not be sooner done) the said duties will not be collected in time to answer the purposes hereby intended: Be it therefore enacted, by the authority aforesaid, That it shall and may be lawful for John Robinson, esquire, treasurer, or the treasurer of this colony for the time being, appointed by, or pursuant to, an act of Assembly, to issue or emit, at any time or times, before the twenty fifth day of March next ensuing, and not after, in such proportion as he shall find necessary, to answer the demands that shall be made upon him, for the purposes aforesaid, any number of treasury notes, so as the whole sum of such notes, so to be issued, shall not exceed the sum of twenty five thousand pounds, which notes shall be prepared, printed or engraved, and numbered in such form, and after such method, as he the said treasurer, for the time being, shall judge most convenient for||Treasury notes to be emitted.|
|their circulating in payments and being safe from counterfeits and forgeries, and shall be signed by the said treasurer, and Peyton Randolph, esquire, and Robert Carter Nicholas, gentleman, who shall be allowed fifty pounds for their trouble in doing the same, and to be deducted out of the allowance to the treasurer for emiting the said notes, and the said treasurer shall be allowed two per cent. upon the amount of the notes so to be issued, for his trouble therein.|
|XIX. And be it further enacted, by the authority aforesaid, That all such notes, so to be issued, shall be redeemable on the last day of June one thousand seven hundred and sixty, and shall then be paid by the treasurer for the time being, with interest, after the rate of five per centum per annum, from the date thereof, and further, that all such notes, so to be issued, shall be received and pass as a lawful tender in payment of any debt, duty, or demand whatsoever (except for the payment of his majesty's quit-rents, and the duties imposed by two acts of Assembly, the one intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects against the insults and encroachments of the French, and the other intituled, An act to explain an act, intituled, An act for raising the sum of twenty thousand pounds, for the protection of his majesty's subjects against the insults and encroachments of the French) from the time of issuing such notes, until the time before specified for the redemption thereof at the treasury, as aforesaid.||The time of redemption.|
|XX. And be it further enacted, by the authority aforesaid, That if any person, or persons, shall forge or counterfeit, alter or erase, any such treasury note, or shall tender in payment, by way of barter or otherwise, to any psrson [person] whatsoever, or shall demand a redemption of any such note at the treasury, knowing the same to be forged or counterfeited, altered or erased, every such person, or persons, so offending, if lawfully convicted, shall be adjudged a felon, and shall suffer as in cases of felony, without benefit of clergy.||Counterfeiting death.|
|XXI. And be it further enacted, That the money to be raised by the duties imposed by this act, shall stand, be, and remain as a security for the redemption of the said treasury notes, so to be issued, and the said John Robinson, treasurer, or the treasurer for the time being, appointed as aforesaid, is hereby required to apply||The duties imposed by this act to be a security for the redemption.|
|all such money as shall come to his hands by virtue of this act, for, and towards the redemption of such treasury notes, and to no other use or purpose whatsoever.|
|XXII. And whereas divers companies of the militia of the several counties of Prince William, Fairfax, and Culpeper, were lately drawn out into actual service for the defence and protection of the frontiers of this colony, against the incursions and depredations of the French, and their Indian allies, whose names and the time they respectively continued in the said service, are contained in a certain schedule to this act annexed, and it is just and necessary that they should be paid for such their service, by the public, and also that the several sums of money in the said schedule charged for provisions, found for the use of the said militia, should be paid to the persons respectively entitled to the same, according to the said schedule; and for an encouragement to the militia of this colony to go out freely for the defence of their country in all times of danger, with a certain assurance of being paid for their services: Be it further enacted, by the authority aforesaid, That the treasurer of this colony do, within six months after the passing of this act, pay in treasury notes, to be emitted by virtue of this act, to the several officers and private soldiers, particularly named in the said schedule, the several sums of tobacco to which they are respectively entitled, at the rate of ten shillings per hundred, and also the several sums of money charged in the said schedule, for provision found for the use of the said militia, to the persons thereby respectively entitled to the same, and also the several tobacco claims, for provisions found for the said militia, to be discharged at one penny per pound, any thing in the acts relating to invasions and insurrections to the contrary notwithstanding.|
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