|Pages 458-478||Pages 499-517|
|I. WHEREAS the fees allowed by law to the several naval officers within this commonwealth, have become quite inadequate to their services: for remedy whereof,|
|II. Be it enacted by the General Assembly, that from and after the passing of this act, the said naval officers respectively, shall be entitled to demand and receive the following fees, to be paid in specie, in lieu of those eslablished by an act of assembly entitled "An act for farther continuing and amending an act entitled An act for appointing naval officers and ascertaining their fees," to wit: for entering and clearing any ship or vessel of one hundred tons and under, ten shillings; for entering and clearing any ship or vessel of more than one hundred tons, five dollars; for taking a bond, half a dollar; for a permit, half a dollar; for a bill of health, three dollars; for a certificate, one dollar; for a register, and recording the same, four dollars; for a copy thereof, two dollars; for making an endorsement thereupon, half a dollar; for a copy of a manifest, three dollars; and for a passport, in conformity to the twenty-seventh article of the treaty of alliance between His most Christian Majesty and the United States of America, two dollars. The bonds to be taken by the several naval officers on granting permits, instead of those directed by the said recited act, shall be as follows, to wit: If the ship or vessel be of one hundred tons burthen or under, the bonds shall be for three hundred pounds specie; if upwards of one hundred tons burthen, the bonds shall be for five hundred pounds of like money: And the bonds to be taken from all masters of ships and vessels for prevention of the dangerous consequences that may arise from the breach and contempt of embargoes, instead of those directed to be|| Naval officers fees encreased, and payable in specie.
Bonds to be taken by naval officers altered.
|taken by the said recited act, shall be as followeth, to wit: If the ship or vessel be of one hundred tons or under, the bonds shall be for five hundred pounds specie; if above one hundred, and not exceeding two hundred tons, the bond shall be for one thousand pounds of like money; and if above two hundred tons, the bond shall be for fifteen hundred pounds of like money; all which said bonds shall be forfeitable, and the penalties thereof sued for and recovered, in the same manner, and to the same uses, as those directed to be taken by the act of assembly passed in the year one thousand seven hundred and seventy-six, entitled, "An act for the appointment of naval officers and ascertaining their fees."|
|III. And be it farther enacted, That all other bonds taken by the several naval officers in virtue of such office, and all penalties to be incurred by the respective naval officers for neglect or breach of duty, shall be taken in specie, and be the same as those directed to be taken or incurred by the last recited act, to be also sued for and recovered in the same manner and to the same uses as those directed to be taken and incurred by the said last recited act.||Bonds and penalties, in specie.|
|IV. And be it farther enacted, That the master or commander of every ship or vessel shall, within forty-eight hours after his arrival in any port, make report of, and enter his vessel and cargo with the naval officer of the district wherein the said vessel rides; and every master or commander of any ship or vessel, failing herein shall forfeit his said vessel and cargo, and any master or commander of any ship or vessel breaking bulk or disposing of any part of the cargo without obtaining a permit from the naval officer to trade within the said district, shall forfeit his said vessel and cargo; to be seized in either of the above cases by such officer or his deputy, and prosecuted in the court of admiralty, one moiety whereof shall be to the use of the informer, and the other moiety to the use of the commonwealth.|| When masters of vessels to make report and entry. |
Forfeitures for breach.
|V. And be it farther enacted, That the several naval officers shall reside in their respective districts, and keep their offices at some convenient place on navigation; and in case of their non-residence or disaffection, the governor, with advice of council, be empowered to appoint some fit person to act in the said office until the meeting of the next assembly.||Naval officers to reside within their districts.|
|VI. And be it farther enacted, That this act, together with such parts of the said recited act passed in the year one thousand seven hundred and seventy-six, as comes within the meaning of this act, shall continue and be in force for and during the term of three years, and from thence to the end of the next session of assembly; and that all other acts coming within the purview and meaning of this act, shall be, and they are hereby repealed.|
|[Chan. Rev. p. 148.]|
|I. WHEREAS it is impracticable to collect any of the taxes for the ensuing year, soon enough to answer the many pressing and immediate demands of government, whereby great inconveniencies and much mischief may arise to the commonwealth: For remedy whereof, Be it enacted by the General Assembly, That the treasurer be, and he is hereby empowered and directed forthwith to borrow such sum or sums of specie, or such quantity of tobacco, hemp or flour, as he may find necessary to answer the demands which may be made on the treasury till the end of the next session of assembly, or till the collection of taxes may render such loan unnecessary: Provided, That such sums of money or quantities of tobacco, hemp or flour, shall not exceed one half of the probable nett produce of the taxes on each of the said articles respectively so borrowed; allowing an interest of six per centum on the tobacco, hemp or flour, and one hundred pounds specie for every ninety pounds of such money payable at the end of twelve months from the receipt of the same; and the treasurer's receipts given for such quantities of tobacco, hemp or flour, or for any sum or sums of money, shall be payable at the treasury, the tobacco, hemp or flour at the current prices of those articles when delivered,|| |
Treasurer empowered to borrow money, tobacco, hemp or flour.
Interest at 6 per cent on commodities and 100 for 90 on money.
|and the specie as before directed, to the first holder or assignee of such receipts, and shall also be received in payment of all such taxes as they shall, by their denominations, respectively represent: And the treasurer is also hereby empowered and directed to prepare and give the said receipts, guarded against counterfeits by such precautions and devices as hem may think proper.||Receivable in taxes as their denomination represents.|
An act for supplying the southern army with waggons and horses.
|I. BE it enacted by the General Assembly, That every county within this commonwealth that hath failed or neglected to furnish and deliver a waggon and team, agreeable to the directions of the act of assembly entitled, "An act for supplying the army with cloaths, provisions and waggons," shall, on or before the first day of March next, furnish the same agreeable to the said act. The sheriffs of the several counties who have so failed or neglected, are hereby ordered to summon the justices of their counties to meet on or before the tenth day of February next, at the place where the courts are usually held within the same, for the purpose aforesaid: Every sheriff failing so to do, shall forfeit and pay five hundred pounds specie. Every justice of any county, having such notice and failing to execute the said act by the time aforesaid, shall each forfeit and pay the sum of one hundred pounds like money. And the solicitor general for the time being is hereby directed, on any county failing to furnish the waggon and team hereby required within the time affixed for the delivery, to direct the attorney general to commence an action of debt, in the name of the commonwealth, against every such sheriff or justice who shall have failed in the duty prescribed by this act, for the penalties therein mentioned, which penalties shall be paid, on recovery, to the treasurer of this commonwealth, to and for the use of the same. Every waggon and team shall be|| Waggons & horses, how supplied for the southern army.
Penalty on justices and sheriffs for neglect.
|delivered to the deputy quarter-master in the state, or to such persons as he shall appoint, and at the time to delivery valued in specie, for which valuation, the person receiving shall give the person delivering a receipt in writing, to be transmitted to the auditors of public accounts, and by them debited to the United States.||Waggons & teams, how disposed.|
|II. And be it farther enacted, That the governor, with the advice of the council, shall, and he is hereby empowered and required to appoint so many persons of credit and influence in the different parts of the state, as he may think necessary, to purchase one hundred waggon horses: The persons so appointed shall give a receipt in writing to the seller for the specie price of each horse, and expressing in such receipt that the same shall be taken by any sheriff or collector for taxes on lands or slaves, or any other tax that may be by law appropriated for continental purposes; and every sheriff or collector shall be allowed the same in the settlement of their accounts, upon their being previously entered in the auditors office, and by the auditors shall be debited to the United States. And the governor is hereby desired to send forthwith a copy of this act to the sheriff of each county which has failed to comply with the above-recited act.||Governor & council to appoint persons to purchase waggon horses.|
An act to regulate and affix the pay of the militia heretofore called into service.
|I. BE it enacted by the General Assembly, That the pay of the militia called into service since the first day of October, one thousand seven hundred and eighty, shall be the same as that allowed and given to the continental officers and soldiers by an act passed this present session, entitled, "An act to adjust and regulate the pay and accounts of the officers and soldiers of the Virginia line on continental establishment, and also of||Pay of militia heretofore called into service, how regulated.|
|the officers, soldiers, sailors and marines in the service of this state, and for other purposes;" And the auditors are hereby directed to settle and adjust the accounts of the militia so called into service, agreeable to and under the same restrictions and limitations as by the act to amend the act for regulating and disciplining the militia and for other purposes, is directed.|
|[Chan. Rev. p. 149.]|
|I. WHEREAS the time limited in the act entitled, "An act for giving farther time to obtain warrants upon certificates for pre-emption rights, and for returning certain surveys to the land-office, and for other purposes," to the commissioners for adjusting and settling the claims to unpatented lands within their respective districts, has been found to be too short for that purpose: Be it therefore enacted, That all the powers given to the said commissioners by any act or acts of assembly, shall be and continue in force during the farther term of six months; and that the farther time of three months be allowed for obtaining warrants upon certificates of pre-emption rights, and entering the same with the surveyor of the county.|| Power of commissioners for adjusting claims
to lands, further continued. |
Further time to obtain warrants, & enter them with the surveyor.
|II. And whereas the allowance heretofore made to the commissioners appointed to carry into execution the said act, and to sheriffs, surveyors and clerks attending the same, is inadequate to their trouble and expence; Be it enacted, That each commissioner, for every day he shall necessarily be employed going to, attending on, and returning from the business of his office,||Allowance to commissioners and attending officers.|
|shall receive twelve shillings and six pence in specie, the sheriff six shillings in specie, and the surveyor eight shillings in specie.|
|III. And whereas the expence of carrying the said act into execution hath been greatly increased, and it is reasonable and just that such expence should be defrayed by the persons to be benefitted thereby; Be it farther enacted, That for every hundred acres of land contained in the certificates to be granted by the commissioners, the party receiving the same shall pay one shilling and six pence in specie, besides a fee of six pence in specie to the clerk for every certificate.||Tax on litigants.|
|IV. And whereas many disputes may arise between settlers in the several districts who have obtained settlement and pre-emption rights from the commissioners appointed to settle the claims of unpatented land; Be it therefore enacted, That the county courts shall and are hereby authorized to hear and determine all such disputes as may arise in surveying or laying off settlement or pre-emption rights; and where any such disputes shall arise, it shall be lawful for either party to petition the court and set forth the nature of their claim, and if the court shall be of an opinion that the claim of the petitioner is just, they shall order a summons to issue for the other party, who shall appear at the next court: And the said court shall then proceed to hear and determine the right and to settle the boundary lines between the claimants, in a summary way, without the usual formality of a suit of law; or may appoint a jury of twelve men to attend the surveyor at a certain day on the land in dispute, which jury shall, on oath, hear and determine the right of the claimants and settle the boundary lines; and the said jury shall return their proceedings to the next county court for their confirmation.||County courts to hear and determine disputes in surveying pre-emption certificates.|
|V. And be it farther enacted, That where warrants have been obtained for military service, and surveys have not yet been made, it shall be lawful for the persons having such warrants to lay the same within the like time as is allowed to persons claiming lands upon pre-emption right.||Within what time military warrants to be located.|
|VI. And be it farther enacted, That all persons who had, during the former government, made locations of land under military warrants, according to the laws and rules then in force, shall have the benefit of their||Military warrants under former government.|
|said locations, provided they do not interfere with actual settlements made on such lands before the first day of January, one thousand seven hundred and seventy-eight, and shall be admitted to surveys and grants therefor upon re-entering their lands and hereafter complying with the rules and regulations of the land-office: Provided, That all lands claimed by virtue of such former locations shall be re-entered with the county surveyors within twelve months after the end of this present session of assembly.|
|VII. And whereas by the act of general assembly for adjusting and settling the titles of claimers to unpatented lands, a certain time was limited within which the surveyors of the counties on the eastern waters should survey all lands within their counties regularly entered for before the end of the session of assembly in which the said act was passed, which time was, by subsequent acts, extended to other definitive periods, and it not being in the power of the party claiming such entries to compel the surveyor to a performance of his duty, or to controul those accidents which may some times render such performance impracticable, it is therefore unjust that he should lose his rights on any failure of duty in the surveyor, whether willful or involuntary: Be it therefore enacted, That the surveyors of the several counties on the said eastern waters shall proceed, with all practicable despatch, to survey the said entries before described, and for this purpose shall proceed in notifying the party, making the survey, delivering a plat and certificate, and in all other circumstances as by the act for establishing the land-office is directed in the case of surveys to be made on entries subsequent to the end of the said session of assembly; and the party interested shall be subject also to the same forfeitures of right if he fail in any thing prescribed by the same act last mentioned to be done on his part.||When surveys shall be made of entries ou the eastern waters.|
|VIII. And whereas by the said law for establishing the land-office, all orders of council or entries in the council-books for lands not carried into execution by actual survey, were made void, which, so far as it respected lands on the eastern waters, produce much injury to individuals and no utility to the public: Be it therefore enacted, That all orders of council and entries in the council-books for lands on the eastern waters,||Orders of council for land on the eastern waters to be valid.|
|which were in force at the passing of the said act, and which have been precluded from revival by entries or surveys regularly made for the same lands since the passing of the said act, shall stand revived and re-established, and the rights accruing thereon be vested in the persons then owning the same, their heirs or other representatives: And that the said orders of council or entries in the council-books shall stand on the footing of entries in the surveyors books, and as such be considered to every intent and purpose, save only that where they exceed the quantity of four hundred acres, they shall be good for their whole quantity, so far as they would have been good by authority of the said orders of council or entries in the council-books before the passing of the said act.|
|IX. And whereas many persons have obtained certificates for surveys of lands and returned the same to the land-office, and patents cannot issue for the same until six months after opening the courts of justice, whereby a great proportion of landed property will be covered from taxation, and an unjust inequality in the public burdens upon the good people of this commonwealth be produced: For remedy whereof, Be it enacted, That patents shall issue agreeable to all certificates for surveys of land at the times respectively and in the manner practised under the laws preceding the act of the last session entitled "An act preventing a discontinuance of the general court, and suspending the proceedings of certain courts in particular cases," the said act notwithstanding. And the register of the land-office shall deduct out of the calculation of time for which patents have been usually detained, five months and no more for the late occlusion of the courts, and patents shall forthwith issue in all cases in the usual manner, the said recited act notwithstanding.|| Patents to issue as usual notwithstanding the act of May 1781, ch. 9.
Register to allow five months for the late occlusion of the courts.
|X. And be it farther enacted, That it shall not be necessary to exchange warrants for military service performed last war, but that all locations made under the same shall stand upon the same footing as those made under treasury warrants, and the parties shall be entitled to surveys and grants in the same manner.||Not necessary to exchange warrants for military service last war.|
| CHAP. XXX. |
An act to enable Henry M'Cabe to dispose of certain lands.
|I. WHEREAS it is represented to this present general assembly, that Henry M'Cabe, some time in the year one thousand seven hundred and eighty, departed this life intestate, leaving several tracts of land in the county of Loudoun, and a lot and houses in the town of Alexandria, and a very small personal estate: That Henry M'Cabe, his only sone in this country, has administered upon and sold the personal estate, which is not sufficient to pay the debts, and no part of the said lands can be sold without the direction of the general assembly; and the said Henry M'Cabe having made application for that purpose,||Henry M'Cabe authorised to sell certain lands in Loudoun & lots in Lunenburg, for payment of the debts of his father Henry M'Cabe dec'd.|
|II Be it therefore enacted, That it shall and may be lawful for the said Henry M'Cabe, to sell and dispose of, for the best price that can be had, a tract of land containing about two hundred and fifty acres, adjoining to the town of Leesburg, in the county of Loudoun, also the unimproved lots in the said town, and the tract of land near Kittocktin creek, of which his said father died seised, and to convey the same to the purchaser or purchasers in fee simple, accounting for the money arising from the sale of the said lands and lots in a legal course of administration.|
| [Chan. Rev. p. 150.]|
See ante p. 232.
|I. WHEREAS it has become necessary to alter the mode for fixing the rate at which tobacco fees, sheriffs, venire-men and witnesses attendance should be discharged in money; Be it therefore enacted, That so much of the act of assembly entitled, "An act for regulating the fees of the register of the land-office, and for other purposes," as directs the grand jury at the October and June courts to fix such rate in paper-currency, shall be, and the same is hereby repealed: And that from and after the passing of this act, all persons who now are, or shall hereafter become chargeable with any tobacco fees for services mentioned in the said recited act, or in any other act now in force, shall discharge the same in transfer tobacco notes, or in specie, at the rate of twelve shillings and six pence for every hundred pounds of gross tobacco.|| Valuation of tobacco fees by grand jury repealed. |
Tobacco fees to be paid in money at 12s 6d. per hundred.
|II. And be it farther enacted, That venire-men, witnesses and sheriffs attending the general court in criminal cases, shall be entitled to receive for that particular service, from the treasury by warrant from the auditors, the sum of seven shillings and six pence in specie for every day's attendance, and four pence per mile for travelling and their ferriages.||Allowances to venire-men and witnesses, and sheriffs, attending the general court, in criminal cases.|
| CHAP. XXXII.|
An act for laying taxes in certain enumerated commodities.
|I. BE it enacted by the General Assembly, That for every free man above the age of twenty-one years, and for every slave above the age of sixteen years, except such as by the courts of the respective counties shall have been or may be discharged from the county levy on account of age or infirmity, a list of all which free persons and slaves shall be furnished to the commissioners hereafter directed by this act by the clerk of their county court, half a bushel of wheat, or one bushel of Indian corn, rye or barley, or five pecks of oaths, shall be delivered by him or her, or by his or her parents or guardian, being an infant, or by the owner of any slave or slaves, or by the parent or guardian of such owner, being an infant, to the commissioners appointed to carry this act into execution.||Poll-tax, payable in commodities.|
|II. And be it farther enacted, That there shall be delivered to the commissioners aforesaid, two pounds of good sound bacon for each free person above the age of twenty-one years, and for each slave above the age of sixteen years, to be paid by the said persons, or their parents or guardians as aforesaid.||Tax in bacon, for each free person.|
|III. And for carrying this act into execution, Be it enacted, That the court of each county within this commonwealth, shall, as soon as possible after the publication of this act, appoint two good and discreet men of their county, being freeholders, or in large counties at the discretion of the said court, three persons as commissioners to receive such wheat and bacon, or commodities enumerated as aforesaid, which commissioners shall have power to fix on so many places (not exceeding three) in the said county, as to them shall seem convenient, for the receipt and delivery of the said commodities, having regard as well to the convenience of the people as to the purposes of safe storing, manufacturing, and removal to the public magazines any of the same.||Commissioners to receive taxes, how appointed.|
|IV. And be it enacted, That if any person or persons appointed to act as commissioners aforesaid shall||Penalty on commissioners refusing to act.|
|refuse to serve in the said office, or to give bond to the court appointing him for the faithful discharge of the same, he or they so refusing shall forfeit and pay the sum of twenty pounds specie each, recoverable by the attorney of the county, who shall prosecute for the same in any county court in this state, to be applied towards lessening the county levy in such county where the same shall be recovered.|
|V. And be it farther enacted, That the court of each county shall take bond, payable to the governor of this state for the time being, in the penalty of five hundred pounds, of each commissioner so appointed, for this faithfully discharging the duties of his said office, an attested copy of which shall be transmitted by the clerk of the said court to the executive within thirty days after the execution of such bond; the said commissioners shall notify by advertisements at the most public places within the county, the place or places appointed by them for the delivery of the aforesaid commodities, and shall have power to procure store-houses for the reception of the same, and to employ or contract with millers for manufacturing the said grain, and in general to take all lawful and proper means for the safe-keeping or removal of the said commodities when thereunto required by the commissioner of the war-office, or other lawful authority, and to pay the rent of the said store-houses and other expences attending the collection or transportation of the said commodities, either with part of the same, or by selling so much thereof for cash as may be sufficient for that purpose.|| Bonds to be taken of commissioners. |
Places of deposit, how notified.
Storage, how procured.
|VI. And be it farther enacted, That all persons chargeable with the above taxes may in their option discharge the same, or such part thereof as they may think proper, by paying to either of the aforesaid commissioners for each bushel of wheat the sum of three shillings specie in Spanish milled dollars, at six shillings each, or in other gold or silver coin at a proportionable value, or six pence per pound in like money for each pound weight of bacon. And the said commissioners shall make out a correct list of all deficiencies on the first day of May, after which time it shall not be lawful for them to receive any of the commodities or money as aforesaid, which list they shall deliver to the sheriff of the county, who shall have power to distrain for the same, if not paid by the first day|| Commodities, dischargeable in money, at what rates. |
Distress when and how to be made.
|of July next in specie at the aforesaid rates of three shillings per bushel for wheat and six pence per pounds for bacon, including an allowance thereon to the said sheriff for collecting the same, of four pence per bushel for wheat and one penny per pound for bacon, to be paid by the persons chargeable with such taxes.|
|VII. And be it farther enacted, That the said commissioners shall make a return to the court of their county immediately after the said first day of May, of all the commodities above enumerated, and also of all specie by them collected, and of all balances due at the period aforesaid, and also of all charges and expences incurred in the course of the said collection, and shall also transmit a return of the manner in which they have executed the trust reposed in them by this act to the executive, in such manner as the said executive may direct, which return shall be made on or before the first day of June, and shall also make return to the auditors of the list of balances delivered by them to the sheriff to collect; and the said commissioners shall observe and comply with all such orders and regulations respecting the collection, removal, sale or payment of all or any part of the said commodities and money collected, arising from the sale of the said commodities, as the executive may from time to time direct, excepting always that the said commissioners shall have power to apply so much of the said commodities or money as may be necessary to pay all expences of storing, manufacturing or removing the same, including a commission thereon for their own trouble at the rate of ten per centum, to be paid in kind: And moreover the said commissioners shall be exempted from all militia duty for and during the space of six months, to commence from the day of their appointments by their respective county courts.|| Commissioners to make return to court, and to the executive and
To obey orders of executive.
|VIII. And be it farther enacted, That the sheriff shall have the same power to distrain, and be accountable in the same manner, as in the collection of other taxes, and shall pay all the money arising from the said taxes into the treasury on or before the first day of September next.||Power of sheriff to distrain and his liability.|
| CHAP. XXXIII.
An act for ascertaining the salaries to the officers of civil government.
|[Chan. Rev. p. 150.]|
|I. WHEREAS the provision made for the officers of government by an act of assembly passed in May last, hath been found inadequate to their services, as well on account of the quantum as the depreciation between each quarterly payment: Be it therefore enacted by the General Assembly, That from and after the first day of January, one thousand seven hundred and eighty-two, the several officers herein after mentioned shall, for their respective services, be entitled to the following annual salaries, to be paid in specie out of the public treasury, in quarterly payments, after the same shall have been audited according to law: To the governor or chief magistrate, the sum of one thousand pounds; to the privy councillors, the sum of three thousand two hundred pounds, to be divided amongst them according to their attendance; to the judges of the high court of chancery, the general court and court of admiralty, each, the sum of three hundred pounds; to the treasurer, the sum of six hundred pounds; to the attorney general, the sum of three hundred pounds; to the auditors of public accounts, the sum of four hundred pounds; to the commercial agent, the sum of four hundred pounds; to the commissioner of the war-office, the sum of four hundred pounds; to the solicitor general, the sum of three hundred pounds, to the first clerk of the council, the sum of one hundred and fifty pounds; to the assistance clerk of the council, the sum of one hundred pounds; and to each of the clerks of the auditors, solicitor general, commissioner of war, and treasury, the sum of one hundred and fifty pounds; to the first clerk of the commercial agent, one hundred and fifty pounds; to the second clerk of the commercial agent, one hundred pounds.|| Annual salaries to be paid quarterly in specie. |
Commercial agent and missioner of war office at an end.
|II. And be it farther enacted, That the salaries heretofore allowed to the said officers respectively, shall be made good to them in specie from the first day of July last, after the rate of twenty shillings for each hundred.||Salaries from July to be made good.|
|pounds of tobacco; and the auditors are hereby authosised to audit the same, and to issue their warrants on the treasury accordingly.|
|III. And be it farther enacted, That all other act or acts coming within the purview of this act, shall be, and the same are hereby repealed.||Former acts repealed.|
|I. WHEREAS the late invasion, and the ravages committed by the British army, have given such interruption to the several collectors of taxes within this commonwealth, as to prevent, if not render it impracticable for them strictly to perform the duties required of them by law: And whereas it is expedient that further time be given not only to the collectors, but also to all persons within the respective counties chargeable with taxes:||Preamble.|
|II. Be it therefore enacted by the General Assembly, That all sheriffs or collectors of taxes due for the year one thousand seven hundred and eighty-one, be allowed a further time for collecting, accounting for, and paying into the public treasury, all taxes due and payable for the year aforesaid, and they are hereby authorised and required to collect, account for, and pay into the public treasury, on or before the first day of April next ensuing, all taxes due by them respectively as aforesaid, according to the directions of the several acts imposing the same.||Sheriffs allowed a further time to collect and account for taxes of 1781.|
|III. And whereas it is represented to the general assembly, that judgments on motion in behalf of the commonwealth have been rendered against several sheriffs of counties whose collection of taxes in their respective||Judgments against sheriffs suspended & damages remitted.|
|counties have been prevented as aforesaid, and in other cases where the said sheriffs or collectors of taxes have applied at the auditor's office and have been ready to make a settlement of their said collections respectively, and also where sheriffs or collectors have lodged money in the hands of the treasurer, at his house, for the purpose of discharging the same;|
|IV. Be it farther enacted, That in all and every such case or cases, the respective sheriffs or collectors shall be discharged from the payment of damages and interest, in the said judgments contained, and execution thereupon shall be stayed until the said first day of April next ensuing: Provided nevertheless, That all and every sheriff or sheriffs, collector or collectors, against whom such judgments have been obtained, and who have, before the time appointed by law for accounting for and paying the amount of their said taxes, received the same in their respective counties, do forthwith make payment thereof at the public treasury aforesaid, any thing contained in any act to the contrary in any wise notwithstanding.|
|Justices of Elizabeth city county, authorised to hold their courts out of Hampton, while the court-house there is occupied by the troops of our allies, as a hospital.|
| CHAP. XXXVI.
An act to regulate impresses.
|[Chan. Rev. p. 150.]|
|I. WHEREAS many continental officers, soldiers, commissaries, quarter-masters and other persons have, upon pretence of a right to impress, committed great violences upon the property of the citizens of this state, and it being the duty of the representatives of the people to protect them in the quiet possession of their property: Be it therefore enacted, That if any officer, soldier, commissary, quarter-master or other person shall presume to take from any citizen or citizens of this commonwealth, any part of their property by way of impress, unless it be by warrant from the executive, in case of actual invasion, or by sheriffs bringing criminals to the general court, it shall be lawful for any magistrate in the county where the offence is committed, upon information taking and safe-keeping of such offender or offenders, till they are delivered by due course of law; and all county lieutenants and other officers of the militia are hereby enjoined to support the civil power in securing and bringing such offenders to justice.|| All impresses prohibited. |
Proceedings on illegal impresses.
An act to regulate the inspection of flour.
| [Chan. Rev. p. 151.] |
See May 1782, c. 52.
|I. WHEREAS the law now in force for the inspection of flour, is found insufficient for giving due encouragement to so valuable a branch of our commerce in guarding against abuses; and as sound policy requires that our flour trade should be put upon a respectable footing, which can only be done by establishing such regulations as will prevent the manufacturer from bringing to market any flour that will not pass the public||Preamble.|
|inspections with credit, or entitle the merchant to preference in every foreign market: Be it therefore enacted by the General Assembly, That so much of the act passed in May, one thousand seven hundred and eighty, as relates to the inspection of flour, be, and the same is hereby repealed.||So much of May 1780, c. 23, as relates to flour repealed.|
|II. And be it farther enacted, That all flour, before it shall be exported, shall be first inspected and weighted at the public inspections of tax flour at Alexandria, Fredericksburg, Richmond, Petersburg and West-Point, by the inspectors to be appointed under an act of this present session of assembly for ascertaining certain taxes and duties, and for establishing a permanent revenue, who shall be allowed two-pence per barrel for their trouble, to be paid by the owner.|| Flour before exported, shall be inspected. |
Places of inspection.
Fee for inspection.
|III. And for ascertaining the condition of such flour as ought to pass inspection, and also the duty of the inspectors, Be it enacted, That the barrels shall be made of sound and well seasoned timber of a sufficient thickness, and be hooped with twelve hoops, and to contain not less than one hundred and ninety-six, nor more than two hundred and four pounds weight of nett flour. The inspectors shall mark on each cask by them inspected, the name of the miller, the name of the place where it is inspected, and the quality, whether the superfine, fine, or seconds; and when the flour is thus marked, they shall grant to the owner a certificate of the number of barrels so by them inspected, distinguishing therein the quantities and qualities of each kind, which shall entitle the owner to dispose of the same as flour fit for exportation.|| How barrels to be made. |
Marks when inspected.
Certificates to be granted.
|IV. And be it farther enacted, That for the conveniency of millers as well as shippers of flour who live inconvenient to the public inspections, inspectors shall be appointed at the following places, to wit: New-Castle, York, Falmouth, Port-Royal, Hobb's-Hole, Colchester, Dumfries, Manchester, Osborne's, Pokahuntus, Nomony, Broadway, Low-Point in Surry, Suffolk, South-Quay, and Norfolk; and the county courts in which the above posts are, are hereby directed and empowered to appoint inspectors, who shall take an oath for the faithful performance of their duty, and shall receive the same allowance for inspection, and be subject to the same penalties for neglect, as the|| Other places of inspection. |
Inspectors to be appointed.
|inspectors at Alexandria, Fredericksburg, West-Point, Richmond and Petersburg: Provided nevertheless, That where any merchant mill is, or shall be situated on navigable water below the falls, that it shall and may be lawful for the owner of such mill or mills, to call on one of the inspectors of flour in the county where such mill is, who is hereby directed to attend and inspect the same, and grant certificates as in other cases.||When flour may be inspected at merchant mills;|
|V. And be it farther enacted, That all flour brought by water to the inspections aforesaid, may be inspected at the landings for the greater conveniency of the owner for exportation; and all flour that shall be shipped for exportation without being inspected as before directed, (a certificate of which shall be produced on oath to the naval officer of the district) shall be liable to be seized by the said officer, and being prosecuted before the court of the county where the seizure is made on the information of such officer and condemned by such court, shall, by the said officer, be sold for the benefit of the state, who shall receive for his reward ten per centum on the sales, and after deducting his commissions, pay the amount of such sales into the treasury. And all flour that shall be found on inspection to be false packed, shall be forfeited and given to the poor of the parish; and where any shall be refused for the want of good casks, the owner shall be at liberty to repack it in good casks before it is removed from the public inspection.|| Or at landing if caried
by water. |
Flour shipped uninspected, forfeited to the state.
How to be prosecuted.
Flour found to be false packed, forfeited to the poor.
If refused for want of good casks, may be re-packed in such.
|Pages 458-478||Pages 499-517|