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| THE |
Statutes at Large;
OF ALL THE
LAWS OF VIRGINIA
FIRST SESSION OF THE LEGISLATURE,
IN THE YEAR 1619.
PUBLISHED PURSUANT TO AN ACT OF THE GENERAL ASSEMBLY
OF VIRGINIA, PASSED ON THE FIFTH DAY OF FEBRUARY,
ONE THOUSAND EIGHT HUNDRED AND EIGHT.
By WILLIAM WALLER HENING.
PRINTED FOR THE EDITOR.
AT THE FRANKLIN PRESS. −− W. W. GRAY, Print.
| PREFACE |
STATUTES AT LARGE.
|THE publication of this work, which had been suspended during the late war between the united kingdom of Great Britain and Ireland, and the United States of America, is now resumed, under the patronage of the Legislature. The lapse of every year evinced more clearly its importance. Almost every day were the unpublished sessions acts consulted, by some individual, whose rights depended on a statute no where else to be found. An enlightened legislature, at the last session, having gone through a revision of the laws, now in force, at once perceived that the work was not complete, until the sessions acts, from which these laws were originally taken, were also published. This was essential, not only to a correct exposition of the public laws, by being enabled to trace the reasons, on which they were founded, but for the quieting of private rights, and the preservation of authentic documents in our early history.|
|By an arrangement with the editor, and sole proprietor of the Session acts of which the STATUTES AT LARGE are composed, the copy-right is exclusively vested in the state. The impression is limited to one thousand copies; eight hundred of which are taken by the Commonwealth, and two hundred reserved by the editor, for the purpose of supplying his original subscribers. After distributing to public officers, a certain proportion of those subscribed for by the state, the remaining copies will be disposed of on public account, under the direction of the Executive.|
|Under the act of the fifth of February, 1808, the number of copies subscribed for by the state was so small, and consequently the impression so limited, as not to afford the editor any prospect of a just remuneration for the immense labour bestowed, and expenses incurred, in collecting the original materials. He|
|therefore authorised Mr. Samuel Pleasants, the then printer to the commonwealth, to publish three hundred and fifty copies, for a certain stipulated sum; the editor retaining the copy-right, and all the materials to himself. The 1st, 2nd, 3rd, and 4th volumes had been published, when the interruptions produced by the war, and the death of Mr. Pleasants, with the sale of his printing establishment, and the abandonment of the business by his representatives, suspended the further progress of the work. The strong terms in which its prosecusion was recommended, by the committee of revision, in their report to the legislature, at the session of 1817, aided by the correct views of its importance, taken by the members of that body, gave rise to the act of the 10th of March, 1819, which is prefixed to this volume.|
|If the publication had progressed, as was originally contemplated, the work would, by this time, have been nearly completed. As so much delay has unavoidably ensued, the editor will endeavour, by the most unremitted exertions, to fill up the chasm which has been produced. The fifth and sixth volumes will be published during the present year, and the seventh put to press. At the meeting of the legislature, in 1820, he expects to present them with a volume containing the laws of the revolution.|
|In this volume, the revised acts of 1748 commence; the operation of which was suspended until the tenth of June 1751. They were first published, as enacted by the colonial assembly, in the edition of 1752, without waiting for the royal assent. But the king, as announced by a proclamation of the governor of the eighth of April 1752, having repealed ten of the acts of 1748, their titles are published at the end of the volume, with a notification that they are so repealed. From hence it may be infered that, the printing of the edition of 1752, had too far progressed before a notification of the repeal of these acts was received, to omit them in their proper places. the proclamation, at large, is inserted at the end of this volume.* This exercise of the royal prerogative was received with great sensibility by the legislature of Virginia, and its constitutionality strongly questioned; as may be perceived by the joint representation of the Governor, Council, and Burgesses, to the King, published in a note to chapter II of the acts of 1748, declaring slaves to be personal estate, &c. In this representation, the reasons and necessity of enacting these laws are pressed with great weight, and the propriety of the veto exercised by the king repelled with equal firmness. The repeal of these acts, together with the incorrect manner in which the edition of 1752 had been printed, without doubt,|
|* See pa. 567. See pa. 432.|
|produced the edition of 1769, in which the errors of the edition of 1752 are corrected, the repealed acts of 1748 omitted, and such laws of a public nature inserted, as had been passed, or re-enacted, with amendments, since the revisal of 1748. The editor has in his possession the very copy of the edition of 1752, from which that of 1769, was printed. Every act noted in manuscript "not to be printed" is omitted, in the edition of 1769; every correction introduced; the marginal notes printed word for word, as they are written; and the chapters numbered precisely as they are marked in manuscript. Besides, in various parts of the volume, the words, "Examin'd so far with the Rolls" occur; and the printer's notes in the margin, shew the page on which each sheet of the edition of 1769 commences. On comparing the acts contained in the last mentioned edition, with the former laws, of which it was composed, it will be perceived, that although the chapters are differently numbered, yet the sections remain unaltered, and that no new matter, except mere corrections, is introduced. All these circumstances prove, that the laws contained in the edition of 1769, are a mere compilation, provided for by a resolution or order of the General Assembly, as appears by the title page; for no act can be found authorising a revisal at that period. That collection was long known by the appellation of the OLD BODY OF THE LAWS, as contradistinguished, from the subsequent editions, and has ever been considered as of undoubted authority.|
|At the end of this volume is inserted the official proclamation repealing certain laws passed at the revisal of 1784, already noticed, and the form of giving the Royal Assent to an act of assembly, passed under the colonial government.* These papers are preserved in a book in the office of the General Court, formerly under the direction of the Secretary of the Colony, who united, in his own person, the present offices of Clerk of the Council, Register of the Land Office, and with whose office that of the Clerk of the General Court was connected. It may not be unimportant to remark, that there are now, in the clerk's office of the General Court, a number of papers and records, which properly belong to the Executive department, and that of the Register of the Land Office. But it would require considerable labour to collate them. At one period, the Secretary seems to have had the papers of his office recorded, without regard to method, or the subject matter. In the same volume, we often meet with proclamations, pleas of the crown, and patents for land. And there can be but little doubt, that there are now in the office of the General Court, a number of patents for land, for which ineffectual|
|* See pa. 559.|
|searches have been made in the Register's Office. Indeed, the negligence of the Secretary was at one time so great, as to excite the animadversion of the General Assembly, and to render a special act necessary.*|
|Notwithstanding every effort has been made by the editor, he has to regret that there are a few private and local acts which he has been compelled to publish for the present by their titles only; it having been impossible to procure entire copies of the acts themselves, in this country. But he has sent to England a list of the titles, to which the acts are deficient, from whence he has every reason to expect the entire acts will be obtained, though at a very great expense. Should he succeed in procuring them, of which he has the best founded hopes, they will be published in an Appendix to the last volume, together with a General digested Index to the whole work. At a very early period of the colonial government, two copies of the laws of each session were sent to England; one to the lord Chancellor, or one of the Principal Secretaries of State, and another to the lords Commissioners for Trade and foreign Plantations, to whom they were always referred by the king in council, before the royal assent or disallowance was signified. In consequence of this information, imparted by the editor, the entire copy of a private act had already been obtained from England, of which the title only had been preserved in this country. From the end of the year 1748 down to the present time, the editor has the satisfaction to state that, he has in his possession every act of the General Assembly, and every ordinance of Convention, passed in Virginia.|
|WILLIAM WALLER HENING.|
|* See vol. 2, pa. 210. See vol. 2. pa. 512.|
| List of Governors of Virginia, during the |
period comprised in this Volume.
|WILLIAM GOOCH, esq. who was appointed governor, (see vol. 4, pa 3.) continued in office during the whole period comprised in this volume, and until some time between 1749, and 1752.||Wm. Gooch, esq.|
| An Act concerning the publication of the |
Statutes at Large.
[Passed March 10th 1819.]
|I. Be it enacted, by the General Assembly, That in order to ensure the publication of the Statutes at Large, which was authorized by an act passed on the fifth day of February one thousand eight hundred and eight, the Governor be, and he is hereby authorized and required to subscribe on behalf of the Commonwealth, on such terms as are prescribed by the said act, for so many copies of the said work yet to be printed, as will make the whole number amount to eight hundred copies, including the number mentioned in the act aforesaid; the surplus copies of which, after distributing to public officers, in their discretion, so many as the Executive may deem expedient, not exceeding one hundred and fifty copies, shall be sold on public account, in such manner as the Executive may thing proper to direct; the impression not to exceed one thousand copies of each volume. The Commonwealth taking the copies aforesaid, is entitled to the exclusive copy-right thereof.|
|2. And be it further enacted, That upon the certificate of any two members of the Executive Council, for the time being, annexed to each volume, that the said laws have been carefully compared by them, with the original laws, and found to be truly and accurately printed, they shall be received and considered of equal authority in the courts of this Commonwealth, as the originals from which they are taken.|
|3. This act shall commence and be in force from and after the passage thereof.|
| AT A
SUMMONED TO BE HELD AT
|Wm. Gooch, esq. Governor.|
|I. WHEREAS the act, made in the third year of his majesty's reign, For amending the Staple of Tobacco; and for preventing Frauds in his Majesty's Customs, which hath been explained, amended, and continued, by three subsequent acts of assembly; one of which, was made in the fifth, another in the eighth, and the other in the tenth year of the reign of his said majesty, hath been found, in a great measure, to answer the good ends and design thereof, in preventing the exportation of bad, unsound, and unmerchantable tobacco, in securing fair traders against many abuses and deceits, and in detecting and discouraging frauds in his majesty's customs; to the great advantage of the trade of this colony. And the said acts, if further continued, with some alterations and amendments, will be still a greater encouragement and benefit both to the trader and planter: And wheras, notwithstanding|| |
|the good effects of the said law, the ill behaviour and bad practices of some inspectors in the execution thereof, have occasioned some discontent and uneasiness. For remedy whereof, and for removing all occasion of complaint for the future,|
|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 from and after the last day of July next, all inspectors shall be appointed in the following manner; that is to say, The justices of the respective county courts within this colony, wherein public warehouses, for the reception and inspection of tobacco are, or shall be established, shall, annually, at the courts held for their said counties, in the month of August, or September, nominate and recommend to the governor or commander in chief of this dominion, for the time being, in writing, four fit and able persons, who are reputed skilful in tobacco, for the execution of the office of inspectors, for every public warehouse or inspection in their county. And that where public warehouses have been, or shall be, appointed in several counties, under one inspection, the court of each respective county, shall nominate and recommend two fit persons, to be appointed at such warehouses, in the manner herein before directed: Which nomination, the said justices shall cause to be entered upon record; and the clerks of such courts respectively, shall forthwith transmit a copy of the same to the secretary's office; and the governor, or commander in chief, with the advice of the council, out of the persons so nominated and recommended, shall chuse and appoint two, to execute the said office, at every such warehouse, or inspection. And if the persons so appointed, or either of them, shall be again recommended the next succeeding year, the same shall be a sufficient appointment to him or them, to continue in the said office, without a new commission; and so from year to year, so long as they shall be recommended, as aforesaid. And in case of the death, resignation, or removal of any inspector, the governor, or commander in chief, shall likewise chuse and appoint some other person named in the last recommendation, from the county court where the vacancy shall happen, to succeed such inspector.||The manner of appointing directors.|
|III. Provided always, That no justice of the peace, being an inspector, or recommended to be an inspector, shall have a vote in any such recommendation: and that no inspector, during the time of his continuance in that office, shall be collector of his majesty's quit-rents, or of any public, county or parish levies, or of any officers fees.||No inspector shall be a collector.|
|IV. Provided also, That if any county court shall fail to nominate and recommend, as aforesaid, the governor, or commander in chief, with the advice of the council, shall, in case of the vacancy of any inspectors place, appoint any person or persons that he shall think fit, to fill up such vacancy.||County courts failing to recommend.|
|V. Provided nevertheless, That all inspectors, being in his office at the time of the first nomination, who shall be recommended in manner aforesaid, by the said county courts, shall be continued in the said office, if they shall think fit, so long as they shall well behave themselves therein.|
|VI. And be it further enacted by the authority aforesaid, That every inspector, before he enters upon the execution of his office, shall make oath, and give bond and security, according to the directions of the said first mentioned act of assembly. And that all inspectors shall constantly attend their duty at the warehouse, or inspection, under their charge, from the tenth day of November, to the last day of June yearly, (except Sundays, and the holey days observed at Christmas, Easter, and Whitsuntide, or when hindred by sickness;) and afterwards, they, or one of them, shall constantly attend at the same, (except on Sundays) to deliver out tobacco for exportation, 'til all the tobacco remaining there the said last day of June, shall be so delivered. And every inspector neglecting to attend, as aforesaid, shall forfeit and pay, to the party grieved, five shillings for every neglect: To be recovered, with costs, before any justice of the peace in the county where such warehouse, or inspection shall be: Or shall be liable to the action upon the case of the said party grieved, to recover all such damages, which he or she shall have sustained, by occasion of any such neglect; together with his or her full costs, at the election of such party.||Inspectors failing to attend, liable to a penalty, on the action of the party grieved.|
|VII. And, that the inspectors of every warehouse, or inspection, shall, hereafter, keep a just and true account of all tobacco that shall be gained or saved, upon||Shall account for what shall be gained by|
|the allowances made for cask, or shrinkage, of all transfer tobacco; and shall exhibit such account, upon oath, to the court of the county where such warehouse, or inspection shall be, in the month of September yearly, if a court be then held; but if not, shall then exhibit such account to some justice of the said county; and make oath thereto before him; which said justice shall return the same to the next succeeding court. And the said inspectors having exhibited such account, and made oath, as aforessid, shall, by public auction, at the court-door of the said county, on the court day in September aforesaid, sell all such tobacco as shall be gained or saved, as aforesaid, for the best price that can be got for the same in money; and shall account for and pay the said money to the treasurer of this colony, for the time being, in their next account with him. And the said treasurer shall account with him. And the said treasurer shall account for the same to the general assembly. And that no inspectors shall, hereafter, convert any such tobacco to their own use.||the allowances for cask, or shrinkage.|
|VIII. And, that the inspectors be obliged to make every hogshead of transfer tobacco by them paid away, eight hundred and fifty pounds of nett tobacco, if the notes produced by the party receiving the same, do amount to so much, after the allowances for cask and shrinkage are deducted. And that they be also obliged, when required by any person entitled to receive any hogshead of crop tobacco at their inspection, which shall be under eight hundred and fifty pounds nett, to prize the same, so as to make it up that weight; such person finding the tobacco, and paying the same fee, as for passing and stamping transfer tobacco. And in all transfer notes which shall hereafter be delivered out, the inspectors shall distinguish whether the tobacco be leaf or stemmed.||And may be obliged to pay transfer tobacco in hogsheads of 850 nett, and to make crop tobacco the same weight.|
|IX And be it further enacted, by the authority aforesaid, That all inspectors, sheriffs, under-sheriffs, and constables, who shall be in office on the first day of February next, shall, at the first or second court of their respective counties, after the first day of February, take an oath:||An oath to be taken by them, and other officers.|
|THAT if they shall at any time know, or be credibly informed, or have good grounds to suspect, that any tobacco is pressed or packed in any cask, chest, case, or other package whatsoever; or any tobacco is|
|put on board any boat or vessel, in order to be shipped off, without being inspected; or that any tobacco is carrying, or carried out of this colony, into Carolina, or Maryland, without a permit for so doing, they will forthwith make information, and a particular discovery thereof, to the next justice of the peace of the county where such tobacco shall be.|
|X. And, that all the said officers respectively, which shall hereafter be appointed, or sworn, into the said offices, shall, at the time of their being sworn, take the same oath, and obtain a certificate thereof: And every such officer failing so to do, shall forfeit five pounds current money, to the informer: To be recovered, with costs, by action of debt, or information, in any court of record within this dominion. And if any justice of the peace shall know, or be informed, as aforesaid, by any of the said officers, or by any other person, upon oath, of any such tobacco so pressed or packed; such justice, or by his warrant, any sheriff, under-sheriff, or constable, within the limits of his county, shall have power, and be obliged, to enter any suspected house, and to break open all doors, either by night or by day, to search for the same; and finding any tobacco pressed in any cask chest or case, that shall not contain two hundred pounds weight of nett tobacco, or any other package, made up in linen, cords, or spun-yarn, of any weight whatsoever; such justice, sheriff, under-sheriff, or constable, respectively, shall seize and destroy the same: And the person, in whose possession such tobacco shall be found, shall forfeit, to the informer, ten shillings current money, for every hundred pounds weight; and so in proportion, for a less quantity: To be recovered with costs, in any court of record, if it be twenty five shillings current money, or more; or if under that sum, before any justice of the peace of the county where the fact shall be committed; and such justice shall issue an execution, either against the body or goods of the offender accordingly. And if any action shall be brought against any justice of the peace, sheriff, under-sheriff, or constable, for doing any thing in the execution of this act, the defendant may plead the general issue, and give this act in evidence: And if the plaintiff shall be nonsuit, or judgment pass against him, upon a verdict, or demurrer, the defendant shall recover double costs.|| Penalty. |
The power and duty of justices and officers, to prevent the exportation of uninspected tobacco.
|XI. And be it further enacted, by the authority aforesaid, That if any inspector shall be removed from his office, upon a complaint, and prosecution against him, in the method prescribed by the said act, made in the eighth year of his majesty's reign, he shall be liable to the action on the case, of the prosecutor, for his necessary costs and expences in such prosecution; in which the prosecutor shall also recover his full costs of suit.||Inspector removed, liable to the prosecutor;s action for costs.|
|XII. And whereas, several new warehouses have been built, since the reduction of the public warehouses rents, some at the expence of the several counties where the said warehouses are situate, and others by the proprietors of the land on which the same are built; and the rents, as then settled, are not sufficient to defray the expence of building such additional houses, in any reasonable time:||The rents of several warehouses raised.|
|XIII. Be it therefore further enacted, That from and after the tenth day of November last, the rents of the following public warehouses shall be raised and settled at the rates herein after expressed: that is to say,|
|And that new public warehouses be erected at the following places: that is to say, upon the old plantation of Thomas Haynes, gent. deceased, on the east side of Eastermost river, in the county of Gloucester: And that the rent thereof, be ten pounds per annum; and|| New warehouses to be erected, and others repealed.|
Inspectors salaries raised.
|the salary of the inspectors, thirty pounds per annum to each inspector. On the land of Mr. Rodham Kenner, opposite to the warehouse at Coan, and to be under the same inspection; and that the rent of the said new warehouse be five pounds per annum. And that the public warehouse at Taskanask be repealed; and that instead thereof, a public warehouse be appointed at the Brick-house, at the same rent as is settled for that at Taskanask; and to be under the same inspection as that at Hog-Neck. And that the public warehouse lately appointed at Capt. Barber's land, be also repealed; and another established instead thereof, at Totaskey ferry, at the rent of six pounds per annum; and to be under the same inspection as the warehouse on the other side the creek: And that the salary of the inspectors at Gibson's be increased five pounds per annum, to each inspector; and of the inspectors at Fredericksburg, twenty pounds per annum, to each inspector.|
|XIV. And be it further enected, That where any public warehouse has been appointed upon any river or creek, so near the water side, as that the tobacco bro't thither may be in danger of being destroyed, by the overflowing of such river or creek, the respective courts of the several counties wherein any such warehouse or warehouses are shall be, and are hereby authorized and impowered at any time hereafter, when it shall be necessary, to build more or other houses, in the room of those gone to decay, to direct and appoint the warehouses, so to be built, to be erected at some more convenient place, upon the land of the owner or owners of the first built houses: But if such owner has no land where such house or houses may be built, and the tobacco be secured from such accidents, then the said county courts shall have power to direct such house or houses to be built upon the land of any other person||Directions for placing public warehouses hereafter.|
|XV. And be it further enacted, That where any person, chargeable with any officers fees, lives in another county than that where the service is preformed, or the fees become due, the same allowance shall be made to every such person, as is by law settled to be allowed in that county where the service is performed, or the fees become due; and no other allowance whatsoever. Any law, usage, or custom, to the contrary, notwithstanding.||Allowance to be made on paying fees, explained.|
|XVI. And be it further enacted, by the authority aforesaid, That this act shall commence immediately from and after the passing thereof: And together with the first mentioned act, For amending the Staple of Tobacco; and for preventing Frauds in his Majesty's Customs; and the three other subsequent acts, For explaining, amending, and continuing that Act, for so much of the same as is not repealed, or altered, shall continue in force 'till the ninth day of November, in the year of our lord, one thousand seven hundred and thirty nine, and from thence for three years next following, and no longer.||Commencment and continuance.|
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