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AT A

General Assembly,

SUMMONED TO BE HELD AT
Hugh Drysdale, Esq. Governor.
Williamsburg, the fifth day of December, anno domini,
      1722, in the ninth year of the reign of our sovereign
      lord George, by the grace of God, of Great-Britain,
      France, and Ireland, King, defender of the faith,
      &c. and by writ of prorogation, begun and holden
      on the ninth day of May, 1723.
======

CHAP. I.

An Act for laying a Duty on Liquors and Slaves.

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CHAP. II.

An Act for the settling and better Regulation of the Militia.


Repealed by proclamation Oct. 27, 1724.
I. WHEREAS a due regulation of the Militia is absolutely necessary for the defence of the country, and the act now in force, doth not sufficiently provide for the same.
Preamble.
      II. 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 from and after the publication of this act, the colonel, or chief officer of the militia of every county, have full power and authority to list all free male persons whatsoever, from twenty-one to sixty years of age, within his respective county, to serve in horse or foot; having regard to the ability of each person, and to order and place them under the command of such captain as he shall think fit. From the age of 21 to 60, liable to militia duty.
      III Provided nevertheless, That nothing herein contained, shall be construed to compel any person or persons that shall be, or shall have been, of his Majesty's Exemptions.

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council in this colony, speaker of the house of burgesses, secretary of this colony, judge of the court of vice-admiralty, his Majesty's attorney-general, a justice of the peace, or any person that shall have born any military commission within this colony, as high as the commission of a captain, or the clerk of the council, for the time being, or the clerk of the general court, for the time being, or any county court clerk, during his being such, personally to appear at any musters: But that all, and every the persons aforesaid, shall and may, and are hereby required, to find and provide one able-bodied white man, a good horse, and such trooper's accoutrements, as are herein after-mentioned, who shall constantly appear and exercise at all musters. Persons exempted to find substitutes.



      IV. Provided nevertheless, That nothing herein contained, shall impower or enable any colonel, or commander in chief, to list, or cause to be listed, any minister of the church of England, or the president, masters, professors, or students, of the college of William and Mary, during the time of their being such; or any person being emploied as an overseer, and having four or more slaves under his charge and keeping; or the founders, keepers, or any other persons emploied in or about any iron copper, or lead work, or any other mine, during the time of their being so emploied; or any free Negro, Mulatto, or Indian. Further exemptions.
      V. Provided always, That such free Negros, Mulattos, or Indians as are capable, may be listed and emploied as drummers or trumpeters: And that upon any invasion, insurrection, or rebellion, all free Negros, Mulattos, or Indians, shall be obliged to attend and march with the militia, and to do the duty of pioneers, or such other servile labour as they shall be directed to perform. Free negroes, Mulattoes, and Indians, how employed.
      VI. And be it further enacted, by the authority aforesaid, That if an exempted overseer, or miller, or any free Negro, Mulatto, or Indian, other than as before excepted, shall presume to appear at any muster whatsoever, the party so offending, shall for every such offence, forfeit and pay one hundred pounds of tobacco, and shall immediately give security to the said commanding officer, for paiment of the same: Which fine or fines shall be disposed of in such manner, and to such uses as the other fines herein after-mentioned. And Penalty on certain exempted persons for appearing at musters.

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each person failing to pay, or give security, as aforesaid, shall, by order of the said commanding officer, be tied neck and heels, and so remain for any time not exceeding twenty minutes.
      VII. And be it further enacted, by the authority aforesaid, That every soldier belonging to the horse, be provided with a good serviceable horse, a good saddle, with breast-plate, crupper, and curb bridle, holsters, and a case of pistols, cutting sword, or cutlace, and double cartouch box, and six charges of powder, and constantly appear with the same at time and place appointed for muster and exercise; and shall keep at his place of abode, a well fixed carbine, with holt and swivel, one pound of powder, and four pounds of shot, and being the same into the field with him when thereunto specially required. And that every foot soldier be provided with a firelock, musquet, or fuzee, well fixed, and bayonet fitted to such musquet or fuzee, or a good cutting sword or cutlace, a cartouch box, and three charges of powder, and appear constantly with the same, at the time and place appointed for muster and exercise; and shall keep at his place of abode, one pound of powder, and four pounds of shot, and bring the same into the field with him, when thereunto specially required. Arms, ammunition, &c. to be provided by every soldier.
      VIII. And be it further enacted, by the authority aforesaid, That whatsoever soldier shall fail to appear at any time and place appointed, or appearing, shall not be furnished and provided with arms and ammunition, as aforesaid, for muster and exercise, or shall not keep at his place of abode, what by this act he is directed, such soldier, for every such failure, shall be fined one hundred pounds of tobacco. Fines for non-attendance, &c.
      IX. Provided always, and be it enacted, That eighteen months time be given and allowed to each soldier, to furnish and provide himself with arms and ammunition, according to this act; and that no soldier be fined for appearing without, or not having the same at his place of abode, until he hath been listed eighteen months, after the passing of this act; any thing in this act to the contrary, or seeming to the contrary, notwithstanding: −− So as every soldier, during the said eighteen months, do appear at all musters with such arms as he is already furnished with. Time allowed for soldiers to furnish themselves.

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      X. And be it further enacted, by the authority aforesaid, That every captain of a troop or company, who shall fail to appear at any muster or musters hereafter to be appointed, or appearing, fail and neglect to exercise the troop or company under his command, every such captain, for every such offence, shall be fined two hundred pounds of tobacco. And every lieutenant, cornet, or ensign, who shall at any time hereafter fail to appear at any such muster, and perform his duty thereat, shall forfeit and pay one hundred pounds of tobacco for every such offence. Fines on officers.
      XI. And for an encouragement of every soldier to provide and furnish himself, according to the directions of this act, and his security to keep his horse, arms and ammunition, when provided, Be it enacted, by the authority aforesaid, That the horses and furniture, arms and ammunition, provided and kept, in pursuance of this act, be free and exempted at all items from being impressed upon any account whatsoever; and likewise, from being seized or taken by any manner of distress, attachment, or writ of execution. And that every distress, seizure, attachment, or execution, made or served upon any of the premises, be unlawful and void: And that the officer or person that presumes to make or serve the same, be liable to the suit of the party grieved: wherein double damages shall be given upon a recovery. Arms, horses, &c. exempted from execution, or distress.
      XII. And to the end, the militia of this his majesty's colony and dominion, being settled and armed, as aforesaid, may be the better fitted for service, Be it further enacted, by the authority aforesaid, That the colonel, or chief officer of the militia of every county, once every year at least, cause a muster and exercise of all the troops and companies in his county, at one or more place or places, or oftner, if there shall be occasion: −− And That every captain, once in every three months, muster, train, and exercise his troop or company, or oftner, if occasion require. Provided, that no officer or soldier be fined above five times in one year. General muster.



Muster of cavalry.



Limitation of fines.
      XIII. And be it further enacted, by the authority aforesaid, That all soldiers, during the time they are in arms, shall observe and obediently perform the commands of their officer, relating to their exercise, according to the best of their skill. And if any soldier, as aforesaid, shall, at any such muster, disobey his officers' Disobedience, how punished.

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commands, or behave himself disorderly or refractorily thereat, it shall and may be lawful for the chief commanding officer then present, to cause such offender to be tied neck and heels, for any time not exceeding twenty minutes, And if any such soldier shall thereafter offend, it shall and may be lawful for the said commanding officer, by a warrant under his hand, to commit such offender to the county goal, there to remain for any time not exceeding ten days; and that the said offender shall not be thence discharged, until he hath paid and satisfied all fees due, and accustomed for sherifs or goalers to take, upon any commitments and discharges.
      XIV. And be further enacted, by the authority aforesaid, That if any soldier, upon occasion of an incursion, invasion, insurrection, or rebellion, or other alarm or surprize, shall be summoned to meet at a certain time and place, and shall fail to appear, such soldier shall be fined for his failure, the sum of ten pounds, current money; and the captain of such soldier so failing, is hereby required, at the meeting of the field officers and captains, herein after directed, to give an account, under his hand, of every such failure: And any soldier refusing to obey the lawful commands of his captain, shall and may be committed to the county goal, by warrant under the hand of his said captain, for three months, without bail or mainprize. Additional punishment for disobedience, in case of invasions, or insurrections.
      XV. Provided nevertheless, That the colonel, or commander in chief, have power to release, and discharge him in less time, if he see cause. And if any officer shall fail or neglect to appear on occasion of any such incursion, invasion, insurrection, or rebellion, or other alarm, every such officer, so offending, shall be fined the sum of twenty pounds, current money, for every such failure. Proviso.


Penalty on officers.
      XVI. And forasmuch, as some difficulty hath been found in procuring some soldiers to be willing to serve as serjeants, corporals, drummers, or trumpeters, all of them absolutely necessary in troops and companies: For prevention of the like in time to come, Be it enacted, by the authority aforesaid, That whatsoever soldier shall refuse to take upon him, act in, and execute any of the said offices, in the troop or company wherein he is listed, being known to be capable, and thereunto appointed by his captain, shall for such his Fines on soldiers, refusing to serve as corporals, &c.

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refusal, be fined five hundred pounds of tobacco; which being once paid, he shall thereafter be exempted from being fined for any such refusal.
      XVII. And to the end, no wilful and obstinate defaulter or offender may escape the penalty inflicted by this act, for his default or offence, Be it enacted, by the authority aforesaid, and it is hereby enacted, That all captains of troops and companies within this his Majesty's colony and dominion, be required, and every of them is hereby strictly required and enjoined, at every muster, to take, or cause to be taken, an exact account in writing, of svery such default or offence made or committed in his troop or company, by whom the said default or offence was made or done, and at what time, and to sign the same with his own hand, and deliver it, or cause it to be delivered, to the field officers and captains, at their next meeting for the fining offenders. Delinquents to be reported, by captains.
      XVIII. And be it further enacted, by the authority aforesaid. That the field officers and captains of every county, or the major part of them, whereof the colonel, lieutenant-colonel, or major, shall be one, have full power and authority to meet yearly, at the courthouse in their respective counties, on the first Thursday in October; or, in case of failure in meeting that day, on the next Thursday following, to inspect the several lists or accounts given in by the captains, as aforesaid; and thereupon to fine every defaulter or offender therein charged, according to the directions of this act. Courts martial.
      XIX. Provided always, That nothing in this act contained, be construed to give any power or authority to the said field officers and captains, to meet or act, as aforesaid; at any other place or times, than the place and times aforesaid; or to fine any defaulter or offender for any default or offence whatsoever, by or against this act, which hath been made or done above a year; any thing herein before contained to the contrary, in any wise, notwithstanding. Limitation of fines.
      XX. And, because several persons may happen to be charged with a default or offence in their captains said lists or accounts, who are not wilfully guilty thereof, or may have a fair and just excuse for their not complying with this act: For remedy in such cases, Be it enacted That whensoever any officer or soldier, charged with any default or offence, as aforesaid, can and Excuses, when to be admitted.

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doth shew forth to the said field officers and captains, at their meetings to fine offenders, as aforesaid, such matter and cause that he ought not to be fined for the same, as they shall judge reasonable, it shall be lawful for the said field officers and captains, and they are hereby required to admit of such officer's and soldier's excuse, and to lay no fine upon him for such default or offence; any thing in this act contained to the contrary, notwithstanding.
      XXI. And be it further enacted, by the authority aforesaid, That where any person on whom any fine shall be laid or assessed, by virtue of this act, by the said field officers and captains, shall fail or refuse to pay the same to the sheriff, in specie, upon sight of a copy of their order, in such case, the sheriff is hereby required to apply to the chief commanding officer, residing in the county, who thereupon is hereby impowered and required to make out his warrant, directed to the said sheriff, impowering and commanding him to levy the same by distress and sale of the offender's goods, and make return of his proceedings, to the clerk attending the said officers at their meeting, to be by him entred on the register. And if, upon such warrant, the sheriff shall return, that he can find no goods whereon to make distress, then it shall and may be lawful, to and for the chief commanding officer residing in the county, and he is hereby authorized and required, by warrant under his hand, directed to the sheriff, to cause the body of the said offender to be committed to the county goal, without bail or mainprize, until he shall satisfy the same fine, and all fees incident, in the same manner, as in executions served at common law. Fines levied by distress.

If no property; an execution against the body may issue.
      XXII. And be it further enacted, by the authority aforesaid, That the said field officers and eaptains have full power and authority to appoint and employ a clerk to attend them at their said meetings, and to keep a register of all their proceedings; and to allow the said clerk such salary, for his said service, and for providing necessary books and paper for their use, as in their discretion they shall think fit and reasonable, and to pay the same out of the penalties and fines accruing by this act. Clerk of court martial, how appointed and paid.
      XXIII. And be it further enacted, by the authority aforesaid, That the said field officers and captains, at their meetings, as aforesaid, have full power and authority Fines, how appropriated.

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to order and dispose of the fines, penalties, and forfeitures mentioned in this act, in such manner as in their discretions shall seem best, for paying therewith a clerk, as aforesaid, and for furnishing the several troops and companies belonging to the county, with necessary drums, colours, trumpets, leading-staffs, partizans, and halberts, and after all those, for providing arms and ammunition for the county's use.
      XXIV. And be it further enacted, by the authority aforesaid, That every captain of a troop or company within this colony, be permitted and allowed to take one of the soldiers under his command, to be clerk to his troop or company: And that such clerk, in consideration of his service in that respect, be excused from carrying arms at any muster, except in case of a rebellion, or an invasion; any thing in this act, to the contrary, notwithstanding. Clerks of cavalry, how appointed.
      XXV. And be it further enacted, by the authority aforesaid, That every commission-officer in the militia, shall, before he acts under, or executes any such commission, in the court of his county, take the oaths appointed by law to be taken, instead of the oaths of allegiance and supremacy, the abjuration oath, and subscribe the test; and that every colonel, lieutenant-colonel, major, and captain, at the time of their meeting to fine offenders, shall also take the following oath, to wit: Oaths and test.
I A. B. do swear, That I will do equal right and justice to all men, to the best of my judgment, according to the directions of the act, intituled, An act for the settling and better regulation of the militia.
Oath of courts martial.
Which oath shall be first taken by the presiding officer then present, and shall by him be administred to the rest of the said officers.
      XXVI. And be it further enacted and declared, That nothing in this act contained, shall hinder or debar any captain from admitting any able-bodied white person, who shall be above the age of sixteen years, to serve in his troop or company, in the place of any person required by this act to be listed.
Substitutes.
      XXVII. And be it further enacted, by the authority aforesaid, That the act of assembly, made in the fourth year of the reign of our late sovereign lady Queen Anne, Repealing clause.

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intituled, An Act for settling the Militia, be, and is hereby repealed, and made void, to all intents and purposes.
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CHAP. III.
An Act for reviving the Act, intituled, An Act for security and defence of the country in times of danger.
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CHAP. IV.
An Act directing the trial of Slaves, committing capital crimes; and for the more effectual punishing conspiracies and insurrections of them; and for the better government of Negros, Mulattos, and Indians, bond or free.
[From edit. 1733, p. 339.]

I. WHEREAS the laws now in force, for the better ordering and governing of slaves, and for the speedy trial of such of them as commit capital crimes, are found insufficient to restraint heir tumultuous and unlawful meetings, or to punish the secret plots and conspiracies carried on amongst them, and known only to such, as by the laws now established, are not accounted legal evidence: And it being found necessary, that some further provision be made, for detecting and punishing all such dangerous combinations for the future.
Preamble.
      II. Be it 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 if any number of negros, or other slaves, exceeding five, shall at any time hereafter consult, advise, or conspire, to rebel or make insurrection, or shall plot or conspire the murder of any person or persons whatsoever, every such consulting, plotting, or conspiring, shall be adjudged and deemed felony; and the slave or slaves convicted thereof, in manner herein after directed, shall suffer death, and be utterly excluded the benefit of clergy, and of all laws made concerning the same. Slaves above the number of five, conspiring to rebel, or make insurrection, or plotting the murder of any person, felony, without clergy.

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      III. And be it further enacted, by the authority aforesaid, That every slave committing such offence, as, by the laws, ought to be punished with death, or loss of member, shall be forthwith committed to the common goal of the county, within which the said offence shall be committed, there to be safely kept; and that the sheriff of such county, upon such commitment, shall forthwith certify the same, with the cause thereof, to the Governor or Commander in Chief of this His Majesty's Colony and Dominion, for the time being, who is thereupon desired and impowered to issue a commission of Oyer and Terminer, to such persons as he shall think fit: Which persons, forthwith after the receipt of such commission, are impowered and required to cause the offender to be publicly arraigned and tried, at the court-house of the said county, and to take for evidence, the confession of the offender, the oath of one or more credible witnesses, or such testimony of Negroes, Mulattos, or Indians, bond or free, with pregnant circumstances, as to them shall seem convincing, without the solemnity of a jury: And the offender being by them found guilty, to pass such judgment upon such offender, as the law directs, for the like crimes; and on such judgment, to award execution. Proceedings against slaves committing capital crimes.
      IV. And to the end, such Negros, Mulattos, or Indians, not being christians, as shall hereafter be produced as evidences, on the trial of any slave for capital crimes, may be under the greater obligation to declare the truth, Be it enacted, That where any such Negro, Mulatto, or Indian, shall upon due proof made, or pregnant circumstances appearing before any county court within this colony, be found to have given a false testimony, every such offender shall, without further trial, be ordered by the said court to have one ear nailed to the pillory, and there to stand for the space of one hour, and then the said ear to be cut off; and thereafter, the other ear nailed in like manner, and cut off, at the expiration of one other hour; and moreover, to order every such offender thirty-nine lashes, well laid on, on his or her bare back, at the common whipping-post. Punishment, for giving evidence.
      V. And be it further enacted, That at every such trial of slaves committing capital offences, the person who shall be first named in the commission, sitting on such trial, shall, before the examination of every Negro,

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Mulatto, or Indian, not being a christian, charge such evidence to declare the truth; which charge shall be in the words following, viz:
'YOU are brought hither as a witness; and, by the direction of the law, I am to tell you, before you give your evidence, that you must tell the truth, the whole truth, and nothing but the truth; and that if it be found hereafter, that you tell a lie, and give false testimony in this matter, you must, for so doing, have both your ears nailed to the pillory, and cut off, and receive thirty-nine lashes on your bare back, well laid on, at the common whipping-post.'
Charge to witnesses.
      VI. Provided always, and it is hereby intended, That the master or owner of any slave, to be arraigned and tried, by virtue of this act, may appear at the trial, and make what just defence he can for such slave, so that such defence do not relate to any formality in the proceedings on the trial. Owners of slaves may appear in their defence.
      VII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That when any slave shall be convicted, by virtue of this act, the commissioners that shall sit on trial, shall put a valuation in money, upon such slave so convicted, and certify such valuation to the next assembly, that the said assembly may be enabled to make a suitable allowance thereupon to the master or owner of such slave. Value of slaves condemned, to be paid by the public.
      VII. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That when any slave shall be convicted, by virtue of this act, the commissioners, that shall sit on trial, shall put a valuation in money, upon such slave so convicted, and certify such valuation to the next assembly, that the said assembly may be enabled to make a suitable allowance thereupon to the master or owner of such slave. Value of slaves condemned, to be paid by the public.
      VIII. And whereas many inconveniences have arisen, by the meetings of great numbers of negros and other slaves: For prevention thereof, Be it enacted, by the authority aforesaid, and it is hereby enacted, That from henceforth no meetings of negros, or other slaves be allowed, on any pretence whatsoever, (except as is hereafter excepted.) And that every master, owner, or overseer of any plantation, who shall, knowingly or willingly, permit any such meetings, or suffer more than five negros or slaves, other than the negros or slaves belonging to his, her, or their plantations or quarters, to be and remain upon any plantation or quarter, at any one time, shall forfeit and pay the sum of five shillings, or fifty pounds of tobacco, for each negro or slave, over and above such number, that shall at any time hereafter so unlawfully meet or assemble, on his, her, or their plantation, to the informer: To be Unlawful meetings of slaves.







Penalty on those suffering them.

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recovered, with costs, before any justice of the peace of the county where such offence shall be committed.
      IX. Provided always, That nothing herein contained, shall be construed to restrain the negros, or other slaves, belonging to one and the same owner, and seated at distinct quarters or plantations, to meet, by the licence of such owner, or his or her overseer, at any of the quarters or plantations to such owner belonging; nor to restrain the meeting of any number of slaves, on their owner's or overseer's business, at any public mill, so as such meeting be not in the night, or on a Sunday; nor to restrain their meeting on any other lawful occasion, by the licence, in writing, of their master, mistress, or overseers; nor to prohibit any slaves repairing to and meeting at church to attend divine service, on the lord's day, or at any other time set apart by lawful authority, for public worship: but that all and every such meetings, shall be accounted lawful meetings; any thing in this act contained to the contrary thereo notwithstanding. Masters may licence their slaves to meet at their quarters.
      IX. And be it further enacted, by the authority aforesaid, That if any white person, free negro, mulatto, or Indian, shall at any time hereafter be found in company with any such slaves, at any such unlawful meetings, as aforesaid, or harbor or entertain any negro, or other slave whatsoever, without the consent of their owners, he, she, or they, so offending, upon being thereof lawfully convicted, shall forfeit and pay the sum of fifteen shillings, or one hundred and fifty pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace; and upon failure to make present paiment, shall have and receive, on his, her, or their bare backs, for every such offence, twenty lashes, well laid on. And every negro, mulatto, or indian slave, shall, upon information thereof made to any justice of the peace of the county where such offence shall be committed, for every such offence, have and receive, on his or her bare back, any number of lashes, not exceeding thirty-nine. Penalty for being at unlawful meetings of slaves.

For harbouring slaves.
      XI. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That every justice of the peace of any county wherein such unlawful meetings shall happen, upon his own knowledge, or upon information thereof to him made, within ten days after such Offenders may be apprehended by order of justice.

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offence committed, shall forthwith issue his warrant to apprehend all such persons, who so met or assembled, and cause such offenders to be brought before him, or some other justice, who shall fail in his duty herein, shall forfeit and pay the sum of fifty shillings, or five hundred pounds of tobacco, for every such offence. Penalty on justice failing.

      XII. And be it further enacted, by the authority aforesaid, That every sheriff, under-sheriff, or constable, who, upon his or their own knowledge, or upon information thereof to him or them made, of any such unlawful meetings, as aforesaid, shall fail forthwith to endeavour to suppress and disperse the same, and to carry the offenders before some justice of the peace, in order for the said offenders to receive due punishment, the sheriff, for every offence by him committed, shall forfeit and pay the sum of fifty shillings, or five hundred pounds of tobacco: Both which several fines, of fifty shillings, or five hundred pounds of tobacco, herein before-mentioned, shall be to the informer; and may be recovered, with costs, in any court or courts of record within this colony and dominion, by action of debt, bill, plaint or information, wherein no essoin, protection, or wager of law, shall be allowed, or any more than one imparlance. And the under sheriff, or constable, failing to perform his or their duty herein, for every offence by him or them committed, shall forfeit and pay twenty shillings, or two hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of the county where such offence shall be committed. Power of sheriffs, constables, &c. to suppress unlawful meetings.

Penalty for failing.
      XIII. And be it further enacted, by the authority aforesaid,, That if any negro, mulatto, or Indian slave, shall at any time hereafter presume to come and be upon the plantation of any person or persons whatsoever, without the leave or consent, in writing, of his or her master, owner, or overseer, and without the consent and approbation of the owner or overseer of such plantation, it shall and may be lawful to and for the master, owner, or overseer of any such plantation or quarter, to correct and give such slave or slaves ten lashes, well laid on, on his or her bare back, for every such offence. Punishment of slaves coming to a plantation without leave.

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      XIV. And be it further enacted, by the authority aforesaid, That no negro, mulatto, or Indian whatsoever; (except as is hereafter excepted,) shall hereafter presume to keep, or carry any gun, powder, shot, or any club, or other weapon whatsoever, offensive or defensive; but that every gun, any all powder and shot, and every such club or weapon, as aforesaid, found or taken away; and upon due proof thereof made, before any justice of the peace of the county where such offence shall be committed, be forfeited to the seisor and informer, and moreover, every such negro, mulatto, or Indian, in whose hands, custody, or possession, the same shall be found, shall, by order of the said justice, have and receive any number of lashes, not exceeding thirty-nine, well laid on, on his or her bare back, for every such offence. Guns, ammunition, &c. found in possession of negroes, may be seized & the negro whipped.
      XV. Provided nevertheless, That every free negro, mullatto, or indian, being a house-keeper, or listed in the militia, may be permitted to keep one gun, powder, and shot; and that those who are not house-keepers, nor listed in the militia aforesaid, who are now possessed of any gun, powder, shot, or any weapon, offensive or defensive, may sell and dispose thereof, at any time before the last day of October next ensuing. And that all negros, mullattos, or indians, bond or free, living at any frontier plantation, be permitted to keep and use guns, powder, and shot, or other weapons, offensive or defensive; having first obtained a licence for the same, from some justice of the peace of the county wherein such plantations lie; the said licence for the same, from some justice of the peace of the county wherein such plantations lie; the said licence to be had and obtained, upon the application of such free negros, mullattos, or indians, or of the owner or owners of such as are slaves; any thing herein contained to the contrary thereof, in any wise, notwithstanding. Free negroes, housekeepers, may carry arms.




Negroes may dispose of arms now in their possession.
And may be licensed, to keep them at frontier plantations.
      XVI. And be it further enacted, by the authority aforesaid, That if in the dispersing of any unlawful assemblies, pursuit of rebels or conspirators, or seizing the arms and ammunition of such as are prohibited by this act to keep the same, any slave shall happen to be killed or destroied, the court of the county where such slave shall be killed, upon application of the owner of such slave, and due proof thereof made, shall put Slaves killed in execution of this act, to be paid for by the public.

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a valuation in money, upon such slave so killed, and certify such valuation to the next session of assembly, that the said assembly may be enabled to make a suitable allowance thereupon to the master or owner of such slave.
      XVII. And be it further enacted, by the authority aforesaid, That no negro, mullatto, or indian slaves, shall be set free, upon any pretence whatsoever, except for some meritorious services, to be adjudged and allowed by the governor and council, for the time being, and a licence thereupon first had and obtained. −− And that, where any slave shall be set free by his master or owner, otherwise than is herein before directed, it shall and may be lawful for the churchwardens of the parish, wherein such negro, mullatto, or indian, shall reside for the space of one month, next after his or her being set free, and they are hereby authorized and required, to take up, and sell the said negro, mullatto, or indian, as slaves, at the next court held for the said county, by public outcry; and that the monies arising by such sale, shall be applied to the use of the said parish, by the vestry thereof. How slaves may be emancipated.
      XIII. And forasmuch, as the act passed in the fourth year of the reign of her late Majesty Queen Anne, intituled, An act concerning servants and slaves, whereby power is given to the county court, to order the dismembring of incorrigible runaways and other slaves, hath not had the intended effect, by reason of some misconstructions of the powers thereby granted, Be it enacted, That where any slaves shall hereafter be found notoriously guilty of going abroad in the night, or running away, and lying out, and cannot be reclaimed from such disorderly courses, by the common methods of punishment, it shall and may be lawful, to and for the court of the county, upon complaint and proof thereof to them made, by the owner of such slave, to order and direct every such slave to be punished, by dismembring, or any other way, not touching life, as the said county court shall think fit. Dismembering slaves, when allowed.
      XIX. And, for preventing all doubts which may arise, upon the construction of this, or any other act of assembly of this colony, touching the death of slaves under correction, or lawful punishment, Be it enacted, by the authority aforesaid, That if any slave shall happen to die by means of such dismembring, by order of the county court, or for or by reason of any stroke or Slave dying, under correction, the owner exempted from punishment.

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blow given, during his or her correction; by his or her owner, for any offence by such slave committed, or for or by reason of any accidental blow whatsoever, given by such owner; no person concerned in such dismembring correction, or accidental homicide, shall undergo any prosecution or punishment for the same; unless upon examination before the county court, it shall be proved, by the oath of one lawful and credible witness, at the least, that such slave was killed wilfully, maliciously, or designedly; neither shall any person whatsoever, who shall be indicted for the murder of any slave, and upon trial, shall be found guilty only of manslaughter, incur any forfeiture or punishment for such offence or misfortune. Manslaughter of a slave not punishable.

      XX. Provided always, That nothing herein contained, shall be construed, deemed, or taken, to defeat or barr the action of any person or persons, whose slave or slaves shall happen to be killed by any other person whatsoever, or whose slaves shall happen to die thro' the negligence of any surgeon, or other person, undertaking the dismembring or cure of such slave, liable to such punishment by this act: But that all and every owner or owners of such slave or slaves, shall and may bring his or her action, for recovery of damages for such slave or slaves so killed or dying, as if this act had never been made. But, only to extend to owners.
      XXI. And be it further enacted, by the authority aforesaid, That all free negros, mullattos, or indians, (except tributary indians to this government) male and female, above the age of sixteen years, and all wives of such negros, mullattos, or indians, (except before excepted) shall be deemed and accounted tithables; any law, custom, or usage, to the contrary, in any wise, notwithstanding. What free negroes, &c. tithables.
      XXII. And be it further enacted, by the authority aforesaid, That where any female mullatto, or indian, by law obliged to serve 'till the age of thirty or thirty-one years, shall during the time of her servitude, have any child born of her body, every such child shall serve the master or mistress of such mullatto or indian, until it shall attain the same age the mother of such child was obliged by law to serve unto. Children of female mulatto or indian, born in servitude, how long to serve.
      XXIII. And be it further enacted, by the authority aforesaid, and it is hereby enacted and declared, That no free negro, mullatto, or indian whatsoever, shall Free negros, &c. not to vote.

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hereafter have any vote at the election of burgesses, or any other election whatsoever.
      XXIV. And be it further enacted, That the churchwardens of each parish, within this his Majesty's colony and dominion, at the charge of their parish, shall provide a true copy of this act, and cause entry thereof to be made in the register book of each parish; and shall, on some Sunday in the months of April and October, yearly, after divine service ended, at the door of every church and chapel in their parish, publicly read the same. And the sheriff of each county shall, at the court held for the county, in the months of June or July, yearly, publish this act, at the door of the courthouse of the said county. And every churchwarden and sheriff making default herein, shall, for each time so offending, forfeit and pay five hundred pounds of tobacco, to the informer: To be recovered, with costs, by action of debt, in any court or courts of record within this colony and dominion. And the minister or reader making default herein, shall, for each time so offending, forfeit and pay two hundred pounds of tobacco, to the informer: To be recovered, with costs, before any justice of the peace of the county wherein such default shall happen. How this act to be read and published.











Penalty for failure.
      XXV. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the act of assembly, made in the fourth year of the reign of our late sovereign lady Queen Anne, intituled, An Act for the speedy and easy prosecution of Slaves committing capital crimes, be from henceforth repealed and made void, to all intents, constructions, and purposes. Repealing clause.
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CHAP. V.

An Act for the better and more effectual improving the staple of Tobacco.

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CHAP. VI.
An Act for the better securing the paiment of levies; and restraint of vagrant and idle people; and for the more effectual discovery and prosecution of persons having bastard children.

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CHAP. VII.

An Act for the transportation of Dick, and other Negro Slaves.

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CHAP. VIII.
An Act appointing a Treasurer; and impowering him to receive the Monies in the hands of the late Treasurer.
I. BE it 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 all and every sum and sums of money to be raised by one act of assembly, passed this session, intituled, An act for laying a duty on liquors and slaves, be constantly accounted for, and paid, by the collectors or receivers thereof, to the treasurer of this his Majesty's colony and dominion, for the time being.
Monies arising from duty on liquors and slaves to be paid to the treasurer.
      II. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That John Holloway, Esquire, shall be and is hereby nominated, constituted, and appointed, treasurer of the revenues arising by the before specified act; and the said treasurer is hereby authorized, impowered, and required, to demand, receive, and take, of and from every collector and collectors, all and every sum and sums of money, arising by force of the before-recited act of assembly: And the said John Holloway is authorized and required to keep and retain all such money in his own custody and possession, until he shall be ordered and required to dispose of the same, in such manner, and by such warrant, and for such uses, intents, and purposes, and no other, as are limited, appointed, and directed, in the said act. John Holloway appointed treasurer.
      III. And be it further enacted, by the authority aforesaid, and it is hereby enacted, That the salary of four per cent. shall be allowed and paid to the said treasurer, out of all and every sum and sums of money by him received and accounted for, to the general assembly, according to the directions of the said act.
His salary.
      IV. And be it further enacted, That the said John Holloway, before his entry and admission into the said office of treasurer, and before his taking upon him to Must give bond and security.

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execute and manage the same, shall give bond in the secretary's office, with good and sufficient security, in the sum of six thousand pounds, sterling, paiable to his Majesty, his heirs and successors, for the true and just performance and discharge of the aforesaid office and place of treasurer, according to the true intent and meaning of the afore-recited act of assembly.
      V. Provided always, That in case of the death, departure out of the colony, or other legal disability of the treasurer hereby appointed, that then it shall and may be lawful, to and for the honorable the lieutenant-governor, or the governor and commander in chief, for the time being, with the advice of his Majesty's council, to appoint and constitute such other person as he shall think fit, to execute the said office of treasurer, according to the several rules and directions in this act expressed, who shall hold, have, and enjoy, the said office of treasurer, with all and singular the rights and profits to the said office belonging, until the then next session of assembly, giving such bond and security as herein before is directed; any thing in this, or any other act, to the contrary, in any wise, notwithstanding. Vacancy how supplied.
      VI. And forasmuch, as a poll-tax hath always been esteemed grievous and burthensome to the people of this colony, and discharging the salaries of the burgesses in money, hath, by late experience been found an expedient agreeable, satisfactory and easy, to the people, in all parts throughout this colony, Be it therefore enacted, That the several burgesses of this assembly, be paid for their several attendances, coming and returning, this session, in current money, at the rate of ten shillings per hundred for tobacco. Burgesses wages for this session.
      VII. And lest any doubt should be made, concerning the several sums of four thousand pounds, and twelve hundred pounds, now in the hands of Peter Beverley, Esquire, supposed by some persons to have been appropriated to particular uses, mentioned and expressed in one act of assembly, intituled, An Act for encouraging the making of Tar and Hemp, made at a general assembly, in the eighth year of the reign of his present Majesty; Be it therefore enacted and declared, That the said several sums of four thousand pounds, and twelve hundred pounds, in the hands of the said Peter Beverley, Appropriation of monies in hands of treasurer, for premiums on tar and hemp.

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Esquire, are not, and were not, by the last before-mentioned act of assembly, nor was any part thereof, set apart and appropriated for any particular uses or purposes in that act mentioned, or for any other particular uses, intents, or purposes whatsoever: But that the several sums of four thousand pounds, and twelve hundred pounds, in the hands of the said Peter Beverley, Esquire, do remain unappropriated and under the power of this assembly, to be disposed of in such manner, and to such uses, for lessening the levy by the poll, as this assembly shall judge reasonable. And that if, at any time it should happen, that there should be a deficiency of money, in the hands of the treasurer of this colony, for the time being, to discharge, pay, and satisfy, the several premiums, rewards, or bounties given, or intended to be given, by the said last before mentioned act; in such case, such deficiency ought to be made good, and such rewards or bounties are and ought to be paid out of the first money that shall thereafter come into the hands of the treasurer, for the time being, by virtue of any imposition act, or any other money in the hands of such treasurer, not then appropriated.
      VIII. And it is hereby further declared, That this present general assembly, and all other assemblies, are bound and obliged to take care and provide, that there may always remain unappropriated, in the hands of the treasurer of this colony, for the time being, sufficient money to discharge and satisfy all and every the premiums, rewards, or bounties given, or intended, by the last before-mentioned act, as the same may be severally demanded, or become paiable, or otherwise, to make good the same, by the speediest methods possible.
      IX. And be it further enacted, That the said Peter Beverley, esquire, do and shall, immediately after the passing of this act, pay unto the above named John Holloway, esquire, the sum of three thousand pounds; and within six months after, all and every such other sum and sums of money, which he the said Peter Beverley hath received, by virtue of his being treasurer, of the impositions or duties on liquors or slaves, or either of them, which at the passing of this act shall remain in the hands of him the said Peter Beverley, esquire, to be accounted for to the general assembly; and not

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drawn out of his hands by any act or acts, order or orders of assembly, or warrants under the hand of the governor or commander in chief, for the time being, pursuant to the powers lodged in such governor: And that the receipt or receipts of the said John Holloway, for such sum and sums, as the said Peter Beverley, esquire, shall pay him, shall be sufficient discharges to and for him the said Peter Beverley, esquire, his heirs, executors, and administrators, and every of them, for all and every such sum or sums of money so paid by him; ony act or acts heretofore made to the contrary, or seeming to the contrary, notwithstanding. And the governor or commander in chief, for the time being, is hereby impowered and desired, from time to time, as occasion shall be, to issue his warrant or warrants, directed to the said John Holloway, now treasurer, for the paiment of the several salaries of the burgesses, and other charges of this assembly, and all other paiments to be made, by any act or order of this assembly, and not paid or discharged by the said peter Beverley, esquire: All which warrants, the said John Holloway is hereby impowered and required to obey and discharge, and to account, upon oath, to the next general assembly, of and for all and every such sum and sums of money, as he shall at any time, by virtue of this act, receive from the said Peter Beverley, esquire, or by his order, and of all paiments by him the said John Holloway to be made: And this to be done without any fee, reward, or allowance, for so doing.

CHAP. IX.

An Act for raising a Public Levy.

CHAP. X.
An Act for enlarging the jurisdiction of the Court of Hustings, in the City of Williamsburg, within the limits thereof.
I. WHEREAS, your Majesty, by your letters patents, bearing date the twenty-eighth day of July, in the eighth year of your reign, under the seal of Recital of the charter of the 28th of July, 1722.

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this your Majesty's most ancient colony and dominion of Virginia, hath been graciously pleased to grant unto the inhabitants of Williamsburg, your Majesty's chief town in the said colony, that the same shall be a city incorporate, consisting of a maior, one person learned in the law, stiled and bearing the office of recorder of the said city, six aldermen, and twelve common council men of the said city: And, among other things, your Majesty hath been pleased, by your said roial charter, to grant, that the said maior, recorder, and aldermen, and their successors, or any four or more of them, of which the said maior, recorder, or the last preceding maior shall be one, shall hold a court of hustings once in every month, within the said city; and shall have jurisdiction and hold plea of trespass and ejectment, and of all writs of dower for any lands and tenements within the said city: And as a court of record, may give judgment, and award execution thereon, according to the laws and statues of England, and of the said colony: Provided, the demand in the said action, personal or mixt, do not exceed twenty pounds current money, or four thousand pounds of tobacco. And whereas, the peace and good government of the said city, do very much depend upon a due regulation of the ordinaries and public houses, and the well ordering of servants and apprentices, within the said city, whereof the said court hath not at present competent jurisdiction: May it therefore pleas your most excellent Majesty, that it be enacted.
      II. And be it enacted, by his Majesty.s Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and by the authority of the same, That from and after the passing this act, the said court of hustings shall have the same power over the ordinaries and public houses within the said city as well in granting licences, as in any other matter or thing; and shall and may hear and determine all complaints of masters, servants, and apprentices, within the said city, in the same manner as the courts of the counties of York and James City, respectively, now have or do; any act heretofore made to the contrary notwithstanding. Power of court of hustings, as to ordinaries.
      III. And for the more easy und speedy proceeding in the examination and commitment of persons committing capital crimes, or other offences, triable in the In prosecutions, for criminal offences.

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general court, within the said city, Be it further enacted, by the authority aforesaid, That it shall and may be lawful, to and for the maior, recorder, and alderman of the said city, or any three of them, whereof the said maior, recorder, or last preceding maior, shall be one, to take the examination of any person or persons whatsoever, suspected of having committed any capital crime, or other offence, triable in the general court, or courts of oier and terminer; and upon such examination, if they see cause, by mittimus under their hands, to commit such offender or offenders to the public goal of the said city. And the keeper thereof is hereby required to receive the body of such offender so committed, or by recognizance, to bind such offender or offenders, personally to appear before the next general court, on the fourth day thereof, or the next court of oier and terminer, and not to depart thence without leave of the said courts respectively; and also to summon and bind all such person or persons, as they shall think to be material witnesses against such offender or offenders, to appear personally before the said general court, on the said fourth day, or the said court of oier and terminer, then and there to give evidence against such offender or offenders.
      IV. And whereas it may happen, that the chief magistrates, and other inhabitants of the said city, may be listed and compelled to serve under the command of the officers of the militia, in the counties of James City, and York, respectively, without the said city; and forasmuch as the same may be very inconvenient, and may render the governor's house, public magazine, and capitol, in the said city, defenceless in times of danger, Be it further enacted, by the authority aforesaid, That no inhabitant of the said city, capable of serving in the militia, shall hereafter be compellable to make his or their appearance at any muster of the militia, hereafter to be had or taken, out of the said city: but all and every such inhabitant and inhabitants (except the maior, recorder, and aldermen of the said city) shall be listed and trained, according to the laws of this colony, under the command of one or more person or persons, of the principal inhabitants of the said city, as shall be thereunto commissionated by the governor or commander in chief of this colony, for the time being; and such persons so listed and trained, Inhabitants not compellable to perform militia duty out of the county.

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shall not be compelled to go out of the said city, on any military service, without the express order of the governor or commander in chief of the said colony and dominion, for the time being, or, in his absence, without the order of the said maior, recorder, and aldermen, or the major part of them. And the said maior, recorder, and aldermen, or the major part of them, in their said court of hustings, upon the complaint of any officer or officers appointed to command the militia within the said city; and upon sufficient proof, shall and may give judgment against any person or persons listed under the command of such officer or officers, for the fines which such person or persons shall be liable to, by means of his or their not appearing, or not doing his or their duty at any muster, or upon any other service within the said city; and may also issue warrants for levying such fines as the officers of the militia, in the respective counties of this colony, may or do.
      And this act is hereby declared to be a public act; and as such shall be construed, deemed, and taken. This is a public act.

CHAP. XI.

An Act for dividing Saint Stephen's Parish, in the County of King and Queen.

CHAP. XII.
An Act for dissolving the Parish of Wilmington, in the Counties of James City and Charles City; and adding the same to other parishes.

CHAP. XIII.
An Act for confirming the title of John Fox, gentleman, to certain Lands formerly purchased of the Pamunky Indians.

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CHAP. XIV.
An Act for vesting the Fee-Simple Estate of certain entailed Lands in William Meriwether, gentleman, and for vesting five Negro Slaves, therein mentioned, in Sarah Brechin, and the heirs of her body.

CHAP. XV.
An Act for vesting the Fee-Simple Estate of certain entailed Lands in Pierce Butler and Paulin Anderson; and for vesting other Lands therein mentioned, in Robert Stubblefield, in fee tail.

Signed by HUGH DRYSDALE, ESQ. Governor.

JOHN HOLLOWAY, Speaker.

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