|Pages 267-290||Pages 313-335|
| CHAP. VII.
An act for providing against Invasions and Insurrections.
|[Chan. Rev. pa. 52.]|
|I. FOR making provision against invasions and insurrections, and laying the burthen thereof equally on all: Be it enacted by the General Assembly, That the division of the militia of each county into ten parts, directed by an ordinance of general convention, shall be completed and kept up in the following manner: The commanding officer of every county, within one month after every general muster, shall enrol under some captain such persons, not before enrolled, as ought to make a part of the militia, who, together with those before enrolled, and not yet formed into tenths, shall by such captain, at his first muster after receiving the same, be divided into ten equal parts as nearly as may be, each part to be distinguished by fair and equal lot, by numbers from one to ten, and when so distinguished to be added to and make part of the division of the militia of such county already distinguished by the same number. And where any person subject to such allotment shall not attend, or shall refuse to draw for himself, the captain shall cause his lot to be drawn for him by some other, in presence of the company; and as soon as such division shall be made, the captain shall make return thereof to the commanding officer of the county. For failing to make such division, or to return the same, the captain shall forfeit ten pounds, to be assessed by the court martial of his county. When any officer of the militia shall receive notice of any invasion or insurrection within his own county, he shall immediately give intelligence thereof to the commanding officer of the county, and if the urgency of the case requires it, he shall forthwith raise the militia under his special command, and proceed to oppose the enemy or insurgents. The commanding officer of the county, on receiving notice thereof, shall immediately, if the case will admit delay, or the danger be greater than the force of his own militia may be able to encounter, communicate the same to the governour by express, for which purpose he may impress boats, men, and horses, and may also notify it to any militia officer of the adjacent counties, to be by him forwarded to his commanding|| Allotment of militia for regular routine of duty. |
Penalty for neglect.
Duty of officers, on invasions or insurrections.
|officer; and in the mean time, if it be urgent, shall raise such part of his own militia as the case shall require and admit. The commanding officer of any adjacent county, receiving the notice so forwarded, shall immediately raise such part of his militia as the circumstances of the case may require, and order them to the assistance of such adjacent county; but any officer thinking the case of too small consequence to require these proceedings, may call a council of war, to consist of a majority of his field officers and captains, or of a field officer and of five captains at the least, and take their advice whether they may await the governour's orders. The governour, on receiving such intelligence, may, with the advice of the council of state, cause to be embodied and marched, to oppose such invasion or insurrection, such numbers of the militia as may be needful, and from such counties as will suit the exigence of the case, and, if the corps consist of three or more battalions, may appoint a general officer or officers, as the case may require, to take command thereof.|| Duty of executive. |
|II. The several divisions of the militia of any county shall be called into duty by regular rotation, from the first to the tenth; and every person failing to attend when called on, or to send an able bodied man in his room, shall, unless there be good excuse, be considered as a deserter, and suffer accordingly. Any able bodied volunteers who will enter into the service shall be accepted instead of so many of the divisions of the militia called for, or of the particular person in whose room they may offer to serve; but if the invasion or insurrection be so near and pressing as not to allow the delay of calling the division or divisions next in turn, the commanding officer may call on such part of the militia as shall be most convenient to continue in duty until such division or divisions can come in to supply their places. The soldiers of such militia, if not well armed and provided with ammunition, shall be furnished with the arms and ammunition of the county, and any deficiency in these may be supplied from the publick magazines, or if the case admit not that delay, by impressing arms and ammunition of private property, which ammunition, so far as not used, and arms, shall be duly returned, as soon as they may be spared. And any person embezzling any such publick or private arms, or not delivering them up when required by his commanding|| Militia called out in rotation. |
Failing to attend or find a substitute, deemed a deserter.
If case urgent, nearest militia may be called out, till relieved by those in turn.
Arms, how provided.
Punishment for embezzling.
|officer, shall, on his warrant, be committed to prison without bail or mainprize, there to remain till he deliver or make full satisfaction for the same, unless he be sooner discharged by the court of his county. The commanding officer shall appoint such officers of the militia as he shall think most proper to command the men called out by divisions, in the following proportions: If there be called into duty not more than twenty, nor less than fifteen, he shall appoint one ensign and one serjeant to command them. If not more than thirty, or under twenty men, a lieutenant, an ensign, and two serjeants. If not more than fifty men, a captain, lieutenant, ensign, and three serjeants. If sixty eight men, a captain, two lieutenants, and ensign, and four serjeants. And if not more than one hundred and fifty, nor less than one hundred, a major shall command. If more than one hundred and fifty, and not exceeding two hundred and fifty, a lieutenant colonel shall command, and have under him a major, with the proper number of captains and other officers. A colonel to command any number of men not exceeding five hundred, nor under two hundred and fifty. A county lieutenant to command any number of men above five hundred, and not exceeding a battalion. A distinct list of the names and numbers of officers and soldiers sent on duty, and of all persons impressed, with the time they served, attested, on oath, by the officer commanding such party, shall be certified by the commanding officer of the county to the auditors of publick accounts, to be by them examined and certified to the treasurer, for payment of what may be justly due.|| |
Officers, how detailed.
How officers and soldiers paid.
|III. Any officer resigning his commission on being called into duty by the governour, or his commanding officer, shall be sent on the same duty as a private, and shall, moreover, suffer punishment as for disobedience of command.||Resignation when called out, how treated.|
|IV. The commanding officer of the corps marching to oppose any invasion or insurrection, or any commissioned officer, by warrant under the hand of such commander, may, for the necessary use of such corps, or for the transportation of them across waters, or of their baggage by land or water, impress provisions, vessels with their furniture, hands, waggons, carts, horses, oxen, utensils for entrenching, smiths, wheel-wrights, carpenters, or other artificers, and arms in the case before directed. Such necessaries, or the use of them by the||Impressments allowed.|
|day, shall be previously appraised by two persons chosen, the one by such officer, and the other by the person interested, or both by the officer, if the person interested shall refuse to name one, or cannot readily be called upon, and duly sworn by the said officer, who is hereby empowered to administer the oath. Such officer shall give a receipt or certificate of every particular impressed, of its appraised value, and of the purpose for which it was impressed. And if any article impressed shall be lost, or receive damage, while in publick service, such loss and damage shall be inquired of, and estimated by two men chosen and sworn in the same manner. The said certificates shall be transmitted to the auditors, to be by them certified and paid in manner herein before directed.|| Appraisements. |
Impressed articles, how certified and paid for.
|V. All persons drawn into actual service, or impressed by virtue of this act, shall be exempted in their persons and property from civil process, and all proceedings against them in civil suits shall be stayed during their continuance in service.||Privileges of those in service.|
|VI. When any corps or detachment of militia shall be on duty with any corps or detachment of regulars belonging to the continent or this commonwealth, or both of them, the continental officers shall take command of officers of the commonwealth of the same rank, and these again of militia officers of the same rank, and all militia officers of the same rank shall take command according to seniority, and if their commissions be of equal date, then their rank shall be decided by lot; a county lieutenant, when acting in concert with regulars, taking rank as a colonel. The commanding officer of each of the counties of Elizabeth City, Princess Anne, Norfolk, Northampton, and Accomack, with permission from the governour, may appoint any number of men, not exceeding six, in each of the former counties, and in the two latter not more than ten men, to keep a constant look-out to seaward, by night and by day, who, discovering any vessels appearing to belong to an enemy, or to purpose landing or hostility, shall immediately give notice thereof to some militia officer of the count. And the lieutenant, or next commanding officer, of the several counties on the western frontier, with the like permission, shall be empowered to appoint any number of proper persons, not exceeding ten, in any one county, to act as scouts for discovering the approach of the Indians, or any other enemy|| Rank of officers on duty. |
Look-outs on eastern frontier.
Scouts on western.
|on the frontiers, who, on such discovery, shall immediately give notice thereof to some militia officer of the county, whereon such course shall be pursued as is before directed in case of an invasion or insurrection. The pay of all officers and soldiers of the militia, from the time they leave their homes by order of their commanding officer, till they return to them again, and of all look-outs or scouts, shall be the same as shall have been allowed by the last regulations of general assembly to regulars of the same rank or degree. Messengers shall be allowed, by the auditors of publick accounts, according to the nature of their service.|| Pay of militia in service same as regulars. |
|VII. Any militia officer receiving notice of an invasion or insurrection, or of the approach of any vessel with hostile purpose, and not forwarding the same to his commanding officer, shall forfeit, if a field officer, one hundred pounds; if a captain or subaltern, fifty pounds; any commanding officer of a county receiving such notice, and not raising part of his militia, nor taking the advice of his council of war, two hundred pounds. Such forfeitures to be recovered, with costs, by action of debt, in the name of the other members of the said court martial, or the survivors of them, before any court of record, and appropriated to the same uses as the fines imposed by the court martial of his county.||Fines on officers, for neglect in relation to invasions, &c.|
|VIII. Any officer or soldier guilty of mutiny, desertion, disobedience of command, absence from duty or quarters, neglect of guard, or cowardice, shall be punished at the direction of a court martial, by degrading, cashiering, drumming out of the army, fine not exceeding two months pay, imprisonment not exceeding one month.||Courts martial what punishments they may inflict.|
|IX. Such court martial, which the commanding officer is hereby empowered to order, shall be constituted of militia officers only, of the rank of captains, or higher, and shall consist of seven members at the least, whereof one shall be a county lieutenant, or field officer. Provided two or more companies, without a field officer, should be called out to duty, the senior officer may appoint a court martial, to consist of one captain, and three or more commissioned officers, whose sentence, not exceeding to amercement or imprisonment, being confirmed by the commanding officer, not being a member of the court, shall be put in execution, each of whom shall take the following oath: "I do swear, that I will well and truly try, and impartially|| How constituted. |
Oath of members.
|determine, the cause of the prisoner now to be tried, according to the act of assembly for providing against invasions and insurrections. So help me God." Which oath shall be administered to the presiding officer by the next in command, and then by such presiding officer to the other members. The said court shall also appoint a clerk to enter and preserve their proceedings, to whom the president shall administer an oath, truly and faithfully to execute the duties of his office. And suck clerk shall be paid such compensation for his services as shall be judged reasonable by the court martial, out of the fines imposed by this act; the fines to be collected by the sheriff, as ordered in the militia law, except such as can be retained out of the pay of the delinquent.|| Clerk. |
Fines how collected.
|X. All persons called to give evidence shall take the usual oath or evidence, to be administered by the clerk of the court. If in any case the offender be not arrested before the corps of militia on duty be discharged, or cannot be tried for want of members sufficient to make a court, he shall be subject to be tried afterwards by the court martial of his county. The governour, with the advice of the council of state, may, and he is hereby authorised and desired, to appoint one or more fit and able persons to act as quartermasters to the militia drawn into actual service, whose duty it shall be to provide, in due time, all things necessary for their accommodation. And such quartermasters shall have power, and they are hereby strictly enjoined, to inspect and examine all provisions dealt out by any commissary or contractor to such militia, and make report to the governour, from time to time, of the quality thereof. And the said quartermasters shall, for their services, receive such allowance as to the governour and council may appear reasonable. The commanding officer of any detachment of militia drawn out into actual service shall, if necessary, appoint a commissary or contractor to procure provisions for the said detachment. Such commissary, upon complaint to a court martial, to be composed of the officers of the corps, may, by judgment of such court martial, be removed for misconduct. Every commissary or contractor appointed by virtue of this act shall obtain a certificate of his service from the commanding officer of the detachment for which he served, on producing which to the governour and council he shall be entitled to such reward as they think fit.|| Evidence. |
When offender may be tried.
|XI. All other acts and ordinances, so far as they make provision against invasions and insurrections, are hereby repealed.||Repealing clause.|
|XII. Provided, That nothing in this act shall be construed to alter or change any thing contained in the general form or constitution of this government.|
|XIII. This act shall be read to every company of the militia by order of the captain, or next commanding officer, twice in every year, on penalty of five pounds for every omission.||This act to be read to militia.|
|[Chan. Rev. p. 54.]|
|I. WHEREAS the continental money, and the money of this commonwealth ought to be supported at the full value expressed in the respective bills, and the pernicious articles of the enemies of American liberty, to impair the credit of the said bills, by raising the nominal value of gold and silver, or any other species of money whatsoever, ought to guarded against and prevented:||Preamble.|
|II. Be it enacted by the General Assembly, That all bills of credit emitted by authority of congress shall pass current in all payments, trade, and dealings within this commonwealth, and be deemed equal to the same nominal sum in Spanish milled dollars; and that whosoever shall offer, ask, or receive more in the said bills, or in the bills of credit emitted by authority of this commonwealth, for any gold or silver coins, or any other species of money whatsoever, than the nominal sum or amount thereof in Spanish milled dollars, or more in either of the said kinds of money for any lands, goods, or commodities whatsoever, then the same could||Paper money emitted by authority of congress, or of this state, declared equal to Spanish milled dollars.|
|be purchased at of the same person or persons in bold or silver, or any other species of money whatsoever, or shall offer to sell any goods or commodities for gold or silver coins, or any other species of money whatsoever, and refuse to sell the same for either the said continental bills, or bills of this commonwealth, every such person shall forfeit the value of the money so exchanged, or of the house, land, or commodity, so sold or offered for sale, to be recovered with costs, by action of debt, in any court of record; the one moiety to the use of the person suing for the same, and the other moiety to the use of this commonwealth.|| |
Penalty for depreciating it.
|III. And be it farther enacted, That the bills of credit issued by congress shall be a lawful tender in payment of all publick and private debts within this commonwealth, and a tender and refusal thereof, or of the bills of credit issued by authority of this commonwealth, shall operate as an extinguishment of interest from the time of such tender, and that debts payable in sterling shall be discharged with either of the above kinds of money, at the rate of thirty three an done third per centum exchange; and that the continental dollars, and dollars issued by this commonwealth, shall pass in discharge of all debts and contracts at the rate of six shillings currency per dollar.|| Paper money a lawful tender. |
Tender and refusal, and extinguishment of interest.
|IV. And whereas many sums of money are now due and owing upon bills, bonds, and protested bills of exchange, to many persons, who, to avoid the force of a tender, and avail themselves of the interest, do put or place the said specialties into the hands of the persons not authorised to receive the money due thereupon: For remedy whereof, Be it enacted, That a tender in any money made current here to any person holding, or being possessed of any bill, bond, or protested bill of exchange, of the principal and all interest due thereon by the person or persons owing the same, shall be a legal tender and upon a refusal shall be an extinguishment of the interest; or where the debtor cannot discover who hath the possession of the specialty, by which he or she stands indebted, a tender of the principal and interest to the factor with whom the debt was contracted shall in like manner avail such debtor, and extinguish the interest.||How tender may be made in certain cases.|
|BE it enacted by the General Assembly, That no person who shall have served, or shall hereafter serve, as a member of congress for three years successively, including the time he hath heretofore served, shall be capable of serving therein again till he shall have been out of the same one whole year.||Time of service of delegates to congress limited.|
|And be it farther enacted, That no person hereafter chosen a member of the continental congress shall be eligible to either house of general assembly of this commonwealth during his continuance in the said office.||Ineligible to the general assembly.|
|Each member, for every day he shall attend, shall receive eight dollars, and also fifteen pence per mile going, and the same returning, together with his ferriages, in lieu of the allowances heretofore settled by law; to be paid, wherever congress shall be sitting, by the treasurer of this commonwealth, out of any publick monies which shall be in his hands.||Their wages.|
|[Chan. Rev. p. 54.]|
|I. WHEREAS divers persons, receiving money at the treasury of this commonwealth for publick uses, have applied it to different purposes, and when called on refused or neglected to repay the same, for which evil no adequate remedy hath yet been provided:||Preamble.|
|II. Be it therefore enacted by the General Assembly, That every officer, paymaster, commissary, victualler, contractor, agent, or other person, who hath, or hereafter may receive, any sum or sums of money at the treasury of this commonwealth for recruiting or paying the army, building, rigging, or furnishing vessels or ships of war, erecting fortifications, purchasing clothes, provisions, arms, or ammunition, erecting or carrying on the publick manufactories, or for any other publick use, and hath not, or shall not properly apply the same, or repay whatever sum remains unapplied into the publick treasury, that then it shall and may be lawful for the treasurer for the time being, upon a motion to be made in any court of record, to demand judgment, in the name of the governour for the time being, against such person and his securities for whatever sum of money remains in his hands unapplied, with interest and costs; and such court is hereby authorised and required to give judgment accordingly, and to award execution thereupon, provided such person and his securities have ten days previous notice, in writing, of such motion.||Public debtors, remedy against by motion.|
|III. And whereas, in the course of the present war, several persons have entered in to contracts with government for supplying the army and navy with provisions and other necessaries, and failed or refused to comply therewith, and many others may hereafter occasion the like disappointments, to the great prejudice of the service: For remedy whereof, Be it farther enacted, That when any suit shall be brought on behalf of the commonwealth against any person whatsoever for||Public contractors, summary proceedings against in behalf of commonwealth.|
|failure of contract, or breach of covenant, the attorney prosecuting the same shall file the declaration, and assign breaches, where such are necessary, at the time the writ issues, a copy of which shall go out and be served on the defendant or defendants with the same; and when the writ, with a copy of the declaration and breaches, are served ten days before the return day of such writ, the defendant, or defendants shall give special bail, if ruled thereto, and plead to issue immediately, which issue shall be tried by a jury, and judgment given for the debt, or damages and costs, according to the very right of the cause, any errour or misprision in the proceedings notwithstanding, and thereupon execution may be awarded. And when the writ, with a copy of the declaration and breaches, shall not be served ten days before the return day of such writ, the defendant or defendants shall plead, and the proceedings shall be the same at the next succeeding court as is herein before directed to be had at the first court, when the service of the writ shall be in time.|
|IV. Provided nevertheless, That in either case the court shall have power to continue the suit over to the succeeding court, for good cause to them shewn.|
|V. And whereas divers persons have, and hereafter may enter into contracts with the agents or contractors for victualling and clothing the army and navy, and have or may fail or refuse to comply therewith: Be it farther enacted, That upon any suit brought by any victualler, agent, or contractor, against any person or persons so failing or refusing, the proceedings therein shall be the same, and the plaintiff shall have the same remedy and redress as is herein before directed in suits which may be brought on behalf on the commonwealth.||Remedy in behalf of contractors against others.|
|[Chan. Rev. p. 55.]|
|I. WHEREAS the crime of forgery, at all times pernicious in its nature, but particularly flagitious as committed in some late instances, hath not a punishment sufficiently exemplary annexed thereto: Be it therefore enacted by the General Assembly, That if any person, from and after the twenty ninth day of June, in the year of our Lord one thousand seven hundred and seventy seven, shall falsely make, forge, or counterfeit, or cause or procure to be falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or willingly aid or assist in falsely making, forging, or counterfeiting, any warrant or draught of the governour or chief magistrate, or of the president or other member of the privy council acting as lieutenant governour, or of the navy board, directed to the treasury for the payment of publick money, or any certificate of the commissioners or auditors of publick accounts directed to the treasurer for payment of publick money, or shall present for payment, at the publick treasury, any false, forged, or counterfeited warrant or draught of the governour or chief magistrate, or of the president or other member of the privy council, acting as lieutenant governour, or of the navy board, or any false, forged, or counterfeited certificate of the commissioners or auditors of publick accounts, as aforesaid, knowing the same to be false, forged, or counterfeited, or shall offer to the commissioners or auditors of accounts, for the purpose of obtaining their certificate directed to the treasurer for the payment of publick money, any false, forged, or counterfeited voucher or exhibit, knowing the same to be false, forged, or counterfeited, or shall forge and pass any such voucher or exhibit, then every such person, being thereof convicted according to the due courts of law, shall be deemed and holden guilty of felony, shall forfeit his whole estate, real and personal, shall receive on his bare back, at the publick whipping post, thirty nine lashes, and shall serve on board some armed vessel in the service of this commonwealth, without wages, for a term|| Preamble. |
Forging and counterfeiting certain warrants & certificates, how punishable.
|not exceeding seven years, provided that the governour and council may make out of the offender's estate such an allowance as they shall think necessary for the maintenance of his wife and children.||Provision for wife and children out of estate of offender.|
|II. And whereas it hath been doubted whether it is felony to steal continental bills of credit, treasury notes of this commonwealth, or paper money of any of the other United States.|
|III. Be it therefore enacted by the authority aforesaid, That if any person, from and after the said twenty ninth day of June, shall steal, or take by robbery, any continental bill of credit, any treasury not of this commonwealth, or any sum of the paper money of any other of the United States, such offender shall be deemed guilty of felony, and shall be obliged to restore four times the value of the money so stolen, and in default thereof shall be sold as a servant for such a term, not exceeding seven years, as shall raise the same, and shall farther receive such other punishment, not extending to life or member, as the court before whom the offender shall be convicted shall think adequate to his offence.||Stealing or taking by robbery, paper money, felony.|
|IV. Provided always, and it is hereby enacted by the authority aforesaid, That no attainder for any offence hereby made felony shall work any corruption of blood, or disherison of heirs.||Attainder of, no corruption of blood.|
An act for the encouragement of Iron Works.
|[Chan. Rev. p. 55.]|
|I. WHEREAS the discovery and manufacturing of iron ore, requisite for the fabricating the various implements of husbandry, small arms, intrenching tools, anchors, and other things necessary for the army and navy, is at this time essential to the welfare and existence of this state, as the usual supplies of pig and bar iron from foreign states is rendered difficult and uncertain, and James Hunter, near Fredericksburg, hath erected, and is now carrying on, at considerable expense and||Preamble, reciting Hunters extensive works, near Fredericksburg.|
|labour, many extensive factories, slitting, plating, and wire mills, and is greatly retarded through the want of pig and bar iron; and whereas there is a certain tract of land in the county of Stafford, called or known by the name of Accakeek furnace tract, on which a furnace for the making of pig iron was formerly erected and carried on, which has been since discontinued: Therefore, for encouraging the said James Hunter, and the better to enable him to prosecute his works with efficacy and vigour, Be it enacted by the General Assembly, That if the proprietors of the said Accakeek furnace tract, or their agent, after previous notice hereof, do not within one month begin, and within six months erect thereon, a furnace and other necessary works on a scale equal to or larger than the former one, and prosecute the same for making pig iron and other castings, that then it shall and may be lawful to and for the said James Hunter, after the expiration of either of the terms aforesaid, to enter upon and locate two hundred acres of the said tract, including the old furnace seat and dam, within such bounds as shall be laid off by the commissioners herein after appointed; and the said James Hunter shall pay to the proprietors, or their agents, such valuation for the same as may be made by a jury of twelve good and lawful freeholders, upon oath, who shall be summoned by the sheriff of the said county of Stafford for that purpose. And if a sufficient body of iron ore is not discovered on the said two hundred acres of land, the said James Hunter shall and may explore and open any other improved lands belonging to the said Accakeek furnace tract, and upon discovering a body of iron ore locate ten acres thereof, including such body of ore (in case the proprietors, or their agents, shall not within three months open the same) paying to the said proprietors or their agents such valuation for the same as may be made by a jury in the manner aforesaid; and thereafter the same shall be, and is hereby vested, in the said James Hunter in fee simple.|| |
His privileges, in obtaining iron ore, from the Accakeek furnace tract.
|II. And be it farther enacted, That it shall and may be lawful for any person or persons, in company with a justice of the peace of any county, to explore and open, for the purpose of discovering iron or any other sort of ore, any unimproved land within this commonwealth, paying to the proprietors of such lands any and all such damages as are by them sustained thereby, to be awarded||Iron, or other ore, how explored, and the land opened.|
|by a jury summoned and sworn in the manner aforesaid.|
|III. And be it farther enacted, That half an acres of ground for a landing, situate at some convenient place on Aquia or Potowmack creek, within such bounds as may be alloted by the commissioners as aforesaid, so that it does not deprive any person of houses or other immediate conveniencies, shall be, and the same is hereby assigned to the said James Hunter, who shall pay such valuation for the same as may be made by a jury in manner herein before directed, and thereafter the same shall be vested in the said James Hunter in fee simple, so long as the said James Hunter, his heirs and assigns, shall continue to keep up and carry on his furnace and works aforesaid as herein before directed, otherwise such half acre of land shall revert to the former proprietor from whom the same was taken, his or her heirs, upon repaying to the said Hunter, or his heirs, the valuation made as aforesaid.||Half an acre of land, on Aquia, or Potowmack creek, vested in James Hunter, for a landing.|
|IV. And be it farther enacted, That William Fitzhugh, Thomas Ludwell Lee, Robert Brent, Samuel Selden, and Charles Carter, esquires, or any three of them, be, and they are hereby appointed commissioners for the several purposes herein before recited, who shall make report of their proceedings and discoveries to the next session of assembly.||Commissioners, for the purposes of this act.|
|V. And be it farther enacted, That no recruiting officer, or other person whatever, shall impress or take any horses, waggons, or waggoners, employed at any lead, copper, or iron works.||Exemption from impresments, at lead, copper, or iron works.|
|VI. Provided always, That this act shall not be construed so as to exempt any unnecessary number of waggons or horses from being subject to the militia law, or service of the state.|
|VII. And whereas it is represented that the said James Hunter cannot erect his dam and slitting mill at his aforesaid works without a small quantity of land adjoining thereto, the property of John Richards, gentleman, be set apart for that purposes:|
|VIII. Be it therefore enacted, That the commissioners aforesaid, if he shall refuse to sell the same for a reasonable price, having caused a jury to set a value thereon in manner herein before directed, may and shall assign to the said James Hunter any quantity, not exceeding half an acre, of the land belonging to the said John Richards, in the most convenient part for the purpose||Right of James Hunter to acquire half an acre of John Richards's land.|
|aforesaid, and the same shall be vested in the said James Hunter in fee simple, upon his paying the value thereof to the said John Richards; provided that the said James Hunter, his heirs and assigns, shall within six months afterwards erect and finish a slitting mill at his works aforesaid, and continue to keep the same in good repair, allowing a reasonable time for so doing in case of accident or decay, otherwise the said land shall revert to the said John Richards, or his heirs, he or they re-paying to the said James Hunter, or his heirs, the valuation made as aforesaid.|
|FOR establishing a court of Oyer and Terminer for the trial of criminals, and preventing offences against the commonwealth, Be it enacted by the General Assembly, That five justices, to be chosen by joint ballot of both houses of assembly, or any three of them, be, and they are hereby empowered and required, to meet at the capitol in the city of Williamsburg, on the first Tuesday in August, and on the first Tuesday in November next, then and there to hold courts of Oyer and Terminer, for the trial of all criminals who shall then be in the publick jail, and to receive such presentments as shall be made for offences against the commonwealth; and the said justices of Oyer and Terminer having taken the following oath, to wit: "I A. B. do solemnly promise and swear, that I will be faithful and true to the commonwealth of Virginia, and that I will well and truly execute the office of a justice of Oyer and Terminer, to which I have been appointed by the general assembly, without favour, affection, or partiality. So help me God." To be administered to the justice first names, and present, by some other justice, and by him|| Court of Oyer & Terminer for the trial of
criminals established. |
|to the others, shall then and there proceed to the trial of all the said criminals, in like manner as is directed for courts of Oyer and Terminer, in and by an act intituled "An act directing the method of trial of criminals for capital offences, and for other purposes therein mentioned," and may adjourn from day to day, until all the criminals, who shall, at the time of holding the respective courts, be in the said jail, be tried. And the sheriff of York county for the time being, upon a writ to him directed out of the secretary's office, which writ the clerk of the said office is hereby empowered and required to issue ten days at least before the day of holding every court of Oyer and Terminer, shall summon twenty four good and lawful men, being freeholders within this state, to appear and attend at such court of Oyer and Terminer, and the sheriff is hereby empowered to execute the said writ, as well out of the county of York as within the same, which twenty four freeholdors, or fifteen of them at the least, shall be a grand jury, and shall have power to inquire of and present all treasons, felonies, and other offences cognizable by the justice of Oyer and Terminer, which shall have been committed or done within this state; and if any of the freeholders so summoned shall fail to appear and attend the said court, it shall be lawful for the justices thereof to fine every freeholder so failing, not exceeding the sum of five pounds. And the said sheriff of York county shall summon petit juries for such trials, and attend the said justices according to the directions of the said recited act; and against such criminals as shall be found guilty, by verdict of the petit jury, the said justice shall proceed to judgment according to law, and award execution thereupon, saving to the governor his right of granting pardons to all capital offenders, according to the constitution of government. And the clerk of the secretary's office shall immediately issue writs of venire facias to summon a venire from each county from whence criminals are now in the publick jail, who, according to the said recited act, have a right to be tried by a jury of the vicinage, and shall also issue summons for the witnesses against each criminal, and for those he or she may desire to be summoned in his or her behalf, to attend the first court of Oyer and Terminer to be held by virtue of this act. And when any person shall hereafter be committed to the publick jail for treason or felony, for which such person may be|| Grand jury. |
|tried before the court of Oyer and Terminer, the sheriff or other officer bringing such person to the publick jail shall immediately give notice thereof to the clerk of the secretary's office, who shall thereupon issue a writ of venire facias, in the same manner as is directed by the said recited act.|
|And be it farther enacted, That each of the said justices of Oyer and Terminer shall receive the sum of thrity shillings, for every day he shall attend and sit in the said court, to be paid by the treasurer out of the publick money in his hands; and the said justices shall have power to appoint a clerk and other necessary officers of the said court, and make them, together with the said sheriff of York, such allowances as they may judge adequate to their respective services, which allowances the treasurer for the time being is hereby empowered and required to pay out of the publick money in his hands, upon certificate of a majority of the said justices of Oyer and Terminer.||Wages of justices of Oyer & Terminer.|
|And be it farther enacted, That the sheriff, clerk, and other officers, who attended two several courts of Oyer and Terminer held in the city of Williamsburg on the sixteenth of January, and on the eighth of April, one thousand seven hundred and seventy seven be allowed for their past services whatever the commissioners may think adequate thereto, to be paid by the treasurer out of the publick money in his hands, on certificate from the said commissioners.|
|WHEREAS the act passed in the last session of assembly, intituled "An act for the farther continuance of certain powers given to the governour anc council by an ordinance of the last convention," will expire at the end of this present session of assembly, and it is expedient that the said act should be farther continued:||Act for further continuance of powers of committee of safety, in governor & council further continued.|
|Be it therefore enacted by the General Assembly, That the said recited act shall continue and be in force until the end of the next session of assembly, and no longer.|
|And whereas, by an act of the last assembly, intituled "An act for making farther provision for the internal security and defence of this country," three battalions of infantry were directed to be raised, and declared subject to the same laws, articles, and regulations, as are established by the general congress for the government of the continental troops; and whereas, by one article of the continental regulations, it is declared that no sentence of a general court martial shall be put in execution till after a report thereof shall be made to congress, or to the commander in chief of the forces of the United States, and their or his directions signified thereupon, from whence doubts have arisen whether the said battalions are subject to the controul of congress or the commander in chief, and whether the sentence of such court martial were intended to be subject to their revision: For explaining whereof, Be it enacted by the authority aforesaid, That the said battalions, and all other troops raised or to be raised at the particular expense and for the immediate defence of this commonwealth, except when the same are joined with continental troops, and all sentences of death awarded by general courts martial, shall, in every respect, be under the direction and subject to the revision and controul of the governour, with the advice of the privy council, and to no other authority whatever.||State troops, and sentences of death pronounced by general courts martial, except when joined by continental troops, subject to controul of executive of Virginia only.|
| CHAP. XV. |
An act for encouraging the making of Salt.
|WHEREAS from the commodious situations [situation] of many parts of our rivers and bays next to the sea coast, and from experiments made in this country, it is judged that large quantities of salt may be made, whereby the inconveniencies from the want of that article would be speedily removed: Be it therefore enacted by the General Assembly, That John Cary, gentleman, be, and he is hereby appointed, a manager of the salt works already begun in the county of Elizabeth City, John Hobday, gentleman, manager of that in the county of Gloucester, and Henry Custis and Charles Bagwell, gentlemen, managers of that in the county of Accomack; which said managers shall immediately proceed to complete the same so soon as may be, and shall have power and authority, from time to time, to hire so many hands as he or they shall judge necessary for completing the said works in the most effectual and expeditious manner; also to provide proper pans or boilers, and all other things necessary, and report their proceedings therein to the governour of his commonwealth, together with an account of the expense attending the same, when required. And in case of the death or refusal to act, negligence, or misconduct, of any manager, the governour, with the advice of the council, may appoint another in the room of such person so dying, refusing to act, neglecting, or misbehaving. And the treasurer of this commonwealth shall, and he is hereby required to advance, from time to time, to each of the said managers, by warrant from the governour, the several sums already expended on the works, and all other sums which may be judged necessary for the completion and prosecution of the same.|| Managers of salt work, in Elizabeth City, Gloucester, and
Accomack, appointed. |
Their powers and duties.
|And be it farther enacted, That Henry Pitt and Samuel Hunt, gentlemen, be, and they are hereby appointed, managers of the salt works now complete in the counties of Isle of Wight and Nansemond, and Thomas Edwards, gentleman, manager of that in the county of Northumberland; and the said managers shall have the same power, and be subject to the same rules and regulations,||Managers in Isle of Wight, Nansemond, and Northumberland.|
|as is herein before prescribed for the managers of the other works not complete.|
|And whereas it is found, from experience, that the salt works erected in York county will not answer the design intended, by reason of the sandy foundation: Be it therefore enacted, That the said works be no farther prosecuted for the purpose of evaporation, but that pans for the boiling of salt at the said works be procured; and that William Hewitt, gentleman, be appointed to superintend the same, who shall have the same power, with respect to hiring of labourers, and procuring other necessaries for this purpose, and be subject to the same rules and regulations, as the other managers.||Manager in York.|
|And be it farther enacted, That the salt made at the aforesaid works shall by the managers be removed to, and stored in, some place of safety, to be disposed of amongst the inhabitants, or otherwise, as the general assembly, at their next meeting, may direct, at which time the said managers shall make a report of the quantity of salt made at each respective salt work. And each of the managers shall be allowed a clerk, with a salary of thirty pounds a year, and shall receive, as a full compensation for his own personal services, two shillings per bushel for all salt he shall make; and they shall, moreover, each of them, give bond to the governour for the due application of all monies advanced them respectively, and for the performance of the trust reposed in them.|| Salt to be removed to place of safety. |
Compensation of managers.
|And whereas it may contribute greatly towards procuring a speedy supply of so necessary an article to allow a bounty to private adventurers: Be it farther enacted, That there shall be allowed, and paid by the treasurer, a bounty upon the several quantities of salt herein after mentioned to each person producing a certificate of his having made the same, within twelve months after the passing of this act (except Mr. James Tait, who hath already received sufficient encouragement) that is to say: For fifty bushels the sum of fifty shillings, for one hundred bushels the sum of seven pounds ten shillings, for two hundred bushels the sum of twenty pounds, and for five hundred bushels the sum of sixty two pounds ten shillings, provided such private adventurer shall be obliged to sell such salt to the governour and council, or, by retail, to the inhabitants of this commonwealth, at the rate of one peck for each member in any family, under the penalty of forfeiting|| Premiums, to private adventurers for making salt. |
Salt, how distributed and at what price sold.
|the value of such salt, and the bounty received, to be recovered in any court of record, by action of debt, or upon the case, by any person who will sue for the same, with costs; the said certificates to be granted by the court of the county wherein such salt shall be made, on proof thereof appearing to them.|
|And be it farther enacted, That an ordinance intituled "An ordinance for erecting salt works in this colony, and for encouraging the making of salt," shall be, and the same is hereby repealed.|
|BE it enacted by the General Assembly, That so much of an act of assembly, made in the year one thousand seven hundred and forty eight, intituled "An act for the better support of the clergy, and for the regular collecting and paying the parish levies," or any other act or acts providing salaries for the ministers, and authorising the vestries to levy the same, except in the cases directed by one other act, passed in the year one thousand seven hundred and seventy six, intituled "An act for exempting the different societies of dissenters from contributing to the support and maintenance of the church as by law established, and its ministers, and for other purposes therein mentioned," shall be, and the same is hereby suspended until the end of the next session of assembly.||Salaries of ministers of church of England, further suspended.|
|Pages 267-290||Pages 313-335|