|Pages 539-563||Pages 590-613|
| CHAP. IX. |
An Act to amend the act for encouraging arts and manufactures.
|I. WHEREAS the act of general-assembly, made in the thirty-second year of the reign of his late majesty king George the second, entitled, An act for encouraging arts and manufactures, hath not fully answered the purposes thereof, the trustees therein-named being restrained from exceeding the sum of twenty pounds in any one bounty or premium, which is too small an inducement for many persons to engage in and prosecute the useful arts with that spirit and industry which are necessary to bring them to perfection:||Act to encourage arts & manufactures amended.|
|Be it therefore enacted, by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said trustees or any seven of them, shall and may give and award any sums of money they shall think proper in bounties or premiums, to be issued and paid according to the directions of the said act, so as any one bounty or premium (except that for wine, as herein after-mentioned) do not exceed the sum of one hundred pounds, & so as the whole sum to be issued, including the premiums already offered and published, and the clerk's salary, do not exceed one thousand pounds, any thing in that act contained to the contrary notwithstanding.|
|II. And whereas nothing can more effectually promote the commercial interests of Great Britain and its colonies than giving encouragement to the growth, culture and production, in the said colonies, of such commodities as are either consumed in that kingdom, or are essential to its manufactures, many of which commodities are now imported at a great disadvantage from foreign countries, although the soil and climate of this colony are proper for some of them; and whereas on the thirtieth day of October, in the year of our Lord one thousand seven hundred and sixty, sundry proposals were printed and published, to the following purpose to wit: That the sum of five hundred pounds be given as a premium to the person who shall in any one year from that date make the best wine, in quantity not less than ten hogsheads; that one hundred pounds be given to the second candidate; and the money should be raised by the annual subscription of such publick-spirited gentlemen as should be willing to encourage the undertaking; that the first payment of the subscription should be made on the thirtieth day of October, one thousand seven hundred and sixty one, and on the same day every year after; that as soon as the subscription should be sufficient to pay the first premium there should be a meeting of the subscribers, in order to choose a collector or treasurer; that a select committee should be chosen at the same time, who should direct in what manner the said premiums might be obtained, and enquire into the best methods of cultivation, &c. and publish them for the information of the publick; that if the subscription would allow of it, a handsome premium|
|should be given for the making of silk, and that if there should be any overplus, it should be given for the encouragement of such other articles as should appear to the committee most advantageous to the colony; and many persons did subscribe their names to several obligations of the same date annexed to the said proposals, whereby they severally obliged themselves, their heirs, executors and administrators, to pay annually and every year, during the term of eight years, the respective sums affixed to their names, to the person who should at a meeting be appointed treasurer, and for the purposes contained in the said proposals, as may more fully appear by a schedule annexed, containing a true copy of the said proposals and obligations, with the names of the subscribers, and the sums of money agreed to be paid by them; but the said subscribers having never yet met altogether, by reason of their number, and a great distance from one another, to choose a treasurer, no part of the said money subscribed hath been collected.|
|III. And whereas the greater part of the said subscribers are willing that the trustees named in the above-mentioned act of general-assembly, or any seven of them, shall be a committee for the purposes mentioned in the said proposals; to the end, therefore, that the laudable design of the said subscribers may be effectually carried into execution, Be it further enacted, by the authority aforesaid, That the trustees named in the aforesaid act of general-assembly, and their successours, or any seven of them, shall be, and they are hereby appointed a committee, with the same power as if they had been chosen by all the subscribers aforesaid, at a meeting, to offer and pay the premiums, and direct in what manner they shall be obtained, and to order and perform every other thing they shall think necessary and condusive to the end by the aforesaid proposals intended; and also to choose a collector or treasurer, who having given such security as they shall approve of, for the faithful performance of his duty, shall have the same power to collect the several sums of money subscribed as aforesaid as if he had been chosen by all the said subscribers, at a meeting.|
|VI. And be it further enacted, by the authority aforesaid, That if by any accident so much of the said money subscribed as will be sufficient to pay the said premium|
|of five hundred pounds shall not be collected, such deficiency shall be applied and paid to the person entitled to the premium, out of the sum of one thousand pounds above mentioned, notwithstanding any thing in this act before contained to the contrary; and that the said committee, in case no person shall, in their opinion, be entitled to the said premiums, within the time limited by the said proposals for claiming them, may prolong the time as often as they shall think proper; and that the said committee shall cause a regular account of all their proceedings, in the execution of this and the former act, to be kept, to be laid before the general-assembly whenever they shall be thereunto required.|
|THE SCHEDULE TO WHICH THIS ACT REFERS:|
|Virginia, October 30, 1760.|
|Proposals for the encouragement of useful undertakings.||Proposals|
|It has been long lamented that this colony should pay annually a considerable sum of money for foreign wines, often mean in quality, and at an extravagant price, when we have the greatest reason to believe our climate capable of producing as fine wines as any in the world, were the cultivation of the vineyard properly attended to. We have hitherto wanted something that might employ our young and old, at present a dead charge on the community: the making of silk might properly afford this employment, and yield a large income to the colony. There are many other articles which will in time required our attention: The experiments of wine and silk are attended with little expense; and should either of them fail, the damage cannot be very great. Small premiums have been already offered by a society in England, and the committee of arts and manufactures in this colony; but such is the force of habit that we have little reason to expect any benefit from these. The prospect of future distant advantage is not strong enough to engage our attention: And we shall find the planter continue, without deviation, in the beaten tract, until he is roused by some great and certain profit. It is proposed, therefore,|
|1. That the sum of five hundred pounds be given as a premium to the person who shall in any one year, within eight years from this date, make the best wine, in quantity not less than ten hogsheads.||Premiums.|
|2. That one hundred pounds be given to the second candidate.|
|3. That this money be raised by the annual subscription of such publick-spirited gentlemen as are willing to encourage the undertaking.|
|4. That the first payment of the subscription be made on the thirtieth of October one thousand seven hundred and sixty-one, and on the same day every year after.|
|5. That as soon as the subscription shall be sufficient to pay the first premium, there be a meeting of the subscribers, in order to choose a collector or treasurer.|
|6. That a select committee be chosen at the same time, who shall direct in what manner the said premiums shall be obtained, and to whom it may be recommended to enquire into the best methods of cultivation, &c. and publish them for the information of the publick.|
|7. That if the subscription will allow of it, a handsome premium be given for the making of silk.|
|8. That if there by any overplus, it be given for the encouragement of such other articles as shall appear to the committee most advantageous to the colony.|
|Virginia, October 30, 1760.|
|WE the subscribers do severally oblige ourselves, our heirs, executors and administrators, to pay annually and every year, for the term of eight years, the respective sums affixed to our names, to the person who shall at a meeting be appointed treasurer, and for the purposes contained in the proposals annexed.|
An Act for inspecting pork, beef, flower, tar, pitch and turpentine.
|I. WHEREAS the several laws made for the inspection of pork, beef, flower, tar, pitch and turpentine, are now expired; and as they have been, by experience, found useful and beneficial to the trade and export of this colony: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That no pork, beef or flower, shall be exported out of this colony, or tar, pitch or turpentine, exposed to sale, or exported, until the same shall be packed or filled in barrels, under the regulation herein after expressed; and the justices of every county-court within this dominion are hereby authorized and required, in the month of August or September, annually to nominate and appoint, in open court, one or more, (not exceeding six in one|| Preamble. |
Inspectors of pork, beef flour, tar, pitch and turpentine, how appointed.
|county) fit and able person or persons, residing in the same county, to inspect the package, and weigh all pork, beef and flower, and also to inspect the filling of all tar, pitch or turpentine, packed or filled for sale or exportation, in their respective counties. And the said courts may appoint the same person or persons to be inspectors of pork, beef, flower, tar, pitch and turpentine, if such person appears to them duly qualified, or may appoint several inspectors, as in their discretion shall seem best; and every person so appointed shall, before he enters upon the execution of that office, make oath before the justices of his county-court, carefully to view, inspect and examine, when required, all pork, beef, flower, tar, pitch and turpentine, packed or filled for sale or exportation, and to the best of his skill and judgment not to pass or stamp any barrel of pork or beef, or any flower, pitch, tar or turpentine, that is not good, clean, sound, merchantable, and of the weight or gauge by this act directed; and faithfully to discharge the duty of his office, without favour, affection or partiality, and shall constantly attend, upon notice, at such time and place as the owner of any of the said commodities shall appoint, to inspect the same within his county, but shall not inspect or stamp any tar, pitch or turpentine, or any pork or beef, imported from Carolina, until the same shall be brought to some publick landing, and shall provide a stamp or stamps, with the first letter of his county, the letter V for Virginia, the first letter of his own christian name, and his whole surname at length, to be stamped on each barrel or cask by him passed, and on every cask or barrel of flower, the gross, tare and neat weight thereof, and a distinction of the fineness by the words first or second stamped on the head, and on every barrel of pork the letter L for large, or the letter S for small pork, and on the head of every barrel of tar, pitch and turpentine, shall distinguish whether the same be tar, pitch or turpentine, for which he may demand and take for every barrel of pork or beef, by him stamped, sixpence; for every barrel of tar, pitch or turpentine, two pence; for every barrel of flower, containing two hundred and twenty pounds neat, or less, threepence; and for every cask of greater weight, sixpence; and no more to be paid down by the owner. and if any officer, so appointed and sworn, shall neglect|
|his duty, or stamp any of the commodities aforesaid contrary to this act, he shall forfeit and pay twenty shillings for every barrel of pork or beef, ten shillings for every barrel or cask of flower, and five shillings for every barrel of tar, pitch or turpentine, which shall be found not duly qualified, or of less weight or contents, than this act requires, and also five shillings for every neglect of his duty, recoverable by the informer, with costs, before a justice of peace of the county where such offence shall be committed.|
|II. And be it further enacted, by the authority aforesaid, That every barrel of pork or beef packed within this colony for sale or exportation, or imported here, shall contain at least two hundred and twenty pounds nat, of good clean, fat, sound, merchantable meat, well salted between each layer, well pickled, nailed and pegged, and no more than two heads of pork in one barrel, and no inspector shall pass or stamp any barrel of pork or beef that does not appear to such inspector to be well salted and cured before the same is packed; and after the same has been inspected, weighted, found merchantable, and passed by the inspector or inspectors residing in the county where the same shall be packed or imported, every such barrel shall be by him or them stamped or branded as aforesaid, and certificate thereof given to the owner: And every barrel of tar, pitch and turpentine, shall contain thirty-one gallons and a half, wine measure, at the least; and after the same shall be inspected, gauged, found clean, well and truly made merchantable, and passed by the inspector or inspectors of the county where the same shall be inspected, shall be by him or them stamped or branded, and certificate thereof given to the owner as aforesaid: And that every person making or causing to be made, wheat flower, intended for exportation, shall make oath before a justice of the peace that the flower by him intended to be exported, or sold for exportation, is clean and pure, not mixed with meal or Indian corn, pease or any other grain or pulse, to the best of his knowledge, which oath every justice of the peace is hereby empowered, upon request of the owner of such flower, to administer, and shall grant a certificate of such oath before him made; and such certificate being produced to the inspector, he shall diligently view and examine the flower therein|| Contents of barrel of pork or beef. |
Of tar, pitch and turpentine.
Oath of maker of flower.
|mentioned, and if by him found clean, pure, unmixed and merchantable, shall see the same packed in casks or barrels, well secured for exportation, and shall stamp or brand the same in the manner herein before directed.|
|III. And be it further enacted, by the authority aforesaid, That all pork and beef exposed to sale or barter within this colony, in barrels, whether the same be packed here or imported from Carolina, or any other place, shall contain at least two hundred and twenty pounds neat meat, allowing only two and a half per centum for shrinkage or loss of weight; and every barrel of tar, pitch and turpentine, exposed to sale or barter, whether made here, or imported from any other place, shall contain at least thirty-one gallons and a half wine measure, and be stamped or branded as this act directs: and if any person shall presume to sell, or expose to sale, or barter, any barrel of pork, beef, tar, pitch or turpentine, of less weight or gauge, he or she shall forfeit and pay to the informer twenty four shillings current money for every such barrel of pork or beef, and five shillings for every such barrel to tar, pitch or turpentine, sold or exposed to sale or barter in this dominion, recoverable with costs by the informer before any justice of the county where such offence shall be committed, although the penalty shall exceed twenty-five shillings current money; and every justice of the peace, upon such complaint before him made, and due proof, of such offence shall and may by virtue of this act, give judgment for the whole penalty, and award execution thereupon, any law to the contrary notwithstanding.|| Abatements allowed. |
Penalties how recoverable.
|IV. Provided nevertheless, That from such judgment for more than twenty-five shillings current money the party aggrieved may appeal to the next court to beheld for the county wherein such complaint was made, the appellant entering into bond, with sufficient security, before the justice by whom the judgment shall be given, that he will prosecute his appeal with effect, and pay the same judgment, and all costs awarded by the court, if the judgment shall be affirmed; and the justice of peace taking such bond shall return the same, together with the whole record of his proceedings in the cause, to the same court to which such appeal shall be, which court shall and may receive, hear, and finally determine, the same.||Appeal.|
|V. And be it further enacted, by the authority aforesaid, That every seller or exporter of pork, beef, flower, tar, pitch or turpentine, packed or filled in this colony, and stamped or branded, shall make oath before a justice of peace, at the time of the delivery of the goods sold or exported, that the several barrels by him then sold or exported are the same that were inspected and passed, and do contain the full quantity, without embezzlement or alteration to his knowledge; and every person taking a false oath, and being lawfully convicted thereof, shall suffer the pains and penalties inflicted on persons guilty of wilful and corrupt perjury, and moreover shall forfeit and pay the sum of fifty pounds, to be recovered by any person or persons that will sue for the same, to his or their own use: and that every master of a vessel wherein pork, beef, flower, tar, pitch or turpentine, shall be exported, shall make oath that he will not knowingly take, or suffer to be taken, on board his ship or vessel, any pork, beef, tar, pitch, turpentine or flower, contrary to law, which oath the respective naval-officers of this colony are hereby required to administer; and if any of the said commodities packed or filled in barrels or casks for exportation are not stamped or branded as aforesaid, or any parcels of pork or beef unpacked, or any flower in barrels or casks not so tamped, except for necessary provisions only, shall be put on board any ship or vessel, to be exported as merchandise, every such cask, barrel or parcel, may be seized by any sworn officer, and brought on shore, and the same, or the value thereof, shall be forfeited to the informer, recoverable before a justice of peace; and the officer seizing the same may demand and take the like fees as for serving an execution, to be paid by the party from whom such seizure shall be; and if such officer shall be sued for any thing by him done in pursuance of this act, he may plead the general issue, and give this act in evidence; and upon non-suit, or verdict for the defendant, he shall have double costs; and the master of such ship or vessel shall forfeit and pay twenty shillings for every barrel or cask of pork, beef or flower, and five shillings for every barrel of tar, pitch or turpentine, so taken on board, recoverable by the informer before a justice of the peace of any county within this colony, if the sum of such forfeiture shall not exceed five pounds, for||Oath required of seller or exporter.|
|which such justice is hereby authorized to grant judgment and execution thereupon; but where such forfeiture shall amount to more than that sum, then to be recovered by action of debt or information, in any court of record in this dominion, having cognizance of such sum.|
|VI. And be it further enacted, by the authority aforesaid, That every cooper, and the master or owner of every servant or slave who shall set up barrels for pork, beef, tar, pitch or turpentine, shall make the same with good strong well seasoned timber, tight and well hooped, with twelve hoops at least; every barrel for pork or beef to contain from twenty-nine to thirty-one gallons each, and every barrel for tar, pitch or turpentine, thirty-one gallons and a half at least, with his name, or the name of the master of such servant or slave, at length, stamped or branded upon every barrel, under the penalty of two shillings and sixpence for every barrel set up for sale or exportation and not so stamped or branded, or of less contents than aforesaid, recoverable by the informer before a justice of peace.||Duty of coopers.|
|VII. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force from and after the first day of August next, for and during the term of ten years, and from thence to the end of the next session of assembly.|
An Act for regulating the gold coin of the German Empire.
|I. WHEREAS by an act of assembly made in the first year of the reign of her late majesty Queen Anne, entitled, An act for regulating and settling the current rates of gold coin, and of British silver coin, in this dominion, the gold coin of the empire was made current in this colony, at the rate of five shillings the penny-weight, and it has been found that the said||[1st. Geo. I]|
Recital of former acts.
|gold is worse than the Spanish doublons at least fifteen per cent. and it may be to the most dangerous consequences to the trade and currency of this colony to permit so base a coin to pass in payment at the same rate with other gold of more intrinsick value: for settling the same, Be it enacted by the Lieutenant-Governour, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, that from and after the passing of this act all the gold coin of the German empire shall be current within this his majesty's colony and dominion in all payments, and may be tendered in discharge of all contracts, bargains and debts, except his majesty's quitrents, at the rate of four shillings and threepence the pennyweight, and no more.|| Rate of German gold. |
|II. Provided always, and it is hereby further enacted, by the authority aforesaid, That it shall and may be lawful to and for any person whatsoever, who shall be actually and bona fide in possession of any such German gold at the time of the passing of this act, to carry and produce the same before any justice of the peace of this colony within two months after that time, but not afterwards, and make oath before him that the same was actually in his possession at the passing of this act; and thereupon such justice shall give him a certificate of the quantity of the said German gold so produced to him by such person, and of his having taken such oath as aforesaid: and that it shall and may be lawful to and for the treasurer to this colony, for the time being, at any time within six months after the passing of this act, out of the publick money in his hands, to pay to any person producing to him such a certificate from a justice as aforesaid, the difference between the value of such German gold, as it was settled by the said in part recited act and this act.|
| CHAP. XII. |
An Act for the more effectually keeping the publick roads and bridges in repair.
|I. FOR the better and more effectual keeping the publick roads, highways and bridges, in repair, Be it enacted, by the Lieutenant-Governour, Council, & Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That if any justice of the pace, upon his own view, shall find any publick road, mill-dam, or bridge, over the peer-head or flood-gates over which any such road leads not kept in good repair, according to the directions of the act, entitled, An act concerning highways, mill dams and bridges, such justice may, and he is hereby impowered, to issue his warrant against the surveyor of such road, or owner or occupier of such mill, and (if no reasonable cause is shown to the contrary) to give judgment and award execution against the estate of such surveyor, or owner or occupier of such mill, for the penalty in the said recited act mentioned; and where any dam shall cross the boundary between two counties, any justice of either of the said counties may take cognizance of any breach of this and the before recited act.||Justice may convict on own view of roads, &c. out of repair.|
|II. And be it further enacted, by the authority aforesaid, That when any county-court, or trustees appointed by or pursuant to an act of assembly, shall let any bridge or causey to be built, such court or trustees shall, and they are hereby required to take bond, with one good security at the least, from the undertaker or builder of such bridge or causey, in double the sum agreed to be paid for such bridge or causey, with condition for building the same in a strong substantial manner, according to the directions of the said recited act, and keeping the same in good repair, according to agreement; which bond shall be payable to his majesty, his heirs and successours, and shall be lodged in the clerk's office of the county: and if any person or persons shall sustain loss or injury by means of the unskilful building, and not keeping in repair, such bridge or causey, during the term mentioned in the said bond, every person or persons so injured or||County courts to take bond from contractors to build bridges &c.|
|sustaining loss, may, as often as the case shall happen, put the said bond in suit, and prosecute for his or their damages and costs, until the whole penalty of such bond shall be recovered; and the undertaker or builder of such bridge or causey shall, moreover, be liable to the same penalty, to be recovered in the same manner as surveyors of publick roads are liable to for not keeping the roads or highways in repair.|
|III. Provided always, That if any such bridge or causey shall happen to be destroyed, or carried away by tempest, or other accident, the undertaker or builder thereof shall not be liable to any of the said penalties, if he shall rebuild the same within three months from the time of its being carried away or destroyed as aforesaid.||Proviso in case of accidents.|
|IV. And be it further enacted, by the authority aforesaid, That where any causey is, or shall be, necessary to be made any publick road or highway, the surveyor thereof may from time to time cut and take from the lands of any person or persons such and so much timber or earth as shall be necessary for making, erecting, or keeping in repair, such causey; and where the surveyor cannot make or erect or keep in repair such causey without the assistance of wheel carriages, draught horses or oxen, in that case it shall and may be lawful for any justice of the peace of the county, and he is hereby required, upon application made to him by such surveyor, to issue his warrant, under his hand and seal, empowering such surveyor to impress any necessary wheel carriages, draught horses or oxen, with other conveniences belonging to the owner or owners of any of the tithable servants or slaves, or to any other person appointed by the county court to attend such surveyor, in laying out, clearing, or keeping in repair, the roads in his precinct.||Surveyors may take timber or earth from adjacent lands for causeys.|
|V. Provided always, That where any publick road or highway leads through a city or town, the surveyor of such road or highway shall not take any earth from any of the lots within the limits of the said city or town without the permission of the owners thereof, but shall take the same for the purposes aforesaid from the lands nigh or adjacent to the said city or town, and from such places where it shall do the least damage to any enclosure or other conveniences upon the said land.||Exception as to towns.|
|VI. Provided also, That it shall not be lawful for any surveyor to make use of, or carry, any timber or earth from the lands of any person for the uses aforesaid without the consent of the owner thereof, until the same be first view and valued, nor any wheel-carriage, draught-horse or ox, until a valuation by the day be made for the use of such wheel-carriage, draught horse or ox, which several valuations shall be made by two honest housekeepers, upon oath, appointed and sworn by some justice of the peace; and the county court shall, in their next county levy, allow the owner or owners thereof according to such valuation, upon the certificate from the said two housekeepers to them produced.||Timber &c. to be first viewed and appraised.|
|VII. And be it further enacted, by the authority aforesaid, That the clerks of the several county-courts shall, within ten days after the appointment of any surveyor of a road within his county, deliver to the sheriff a copy of the court's order for appointing such surveyor; and the sheriff shall, within fifteen days after the receipt of such order serve the person so appointed surveyor with the same, and shall make return of such service to the clerk, to be filed among the papers in his office: And if any clerk or sheriff shall fail to perform the duty hereby required of him, such clerk or sheriff shall forfeit and pay the sum of fifteen shillings, to be recovered in the same manner as the penalty inflicted by the said recited act on surveyors of the publick roads is made recoverable.||When clerks to deliver to surveyors copies of orders appointing them.|
|VIII. And be it further enacted by the authority aforesaid, That the clerks of the several county-courts within this colony shall, and they are hereby required, once in every year, to fix up in the court-house of their county a list of all the surveyors of the highways within their respective counties, with an exact account of the precincts appointed for each particular surveyor; and every county-court clerk who shall fail to perform his duty therein shall forfeit and pay the sum of fifteen shillings, for every such failure.||Clerks to fix up lists of surveyors, & their precincts.|
|IX. And be it further enacted, by the authority aforesaid, That the penalties inflicted by this act, and not otherwise appropriated, shall be to his majesty, his heirs and successours, for the use of the county wherein the same shall arise; to be applied by the court of the said county towards lessening the levy by the poll.||Penalties appropriated.|
|X. And be it further enacted, by the authority aforesaid, That 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.||Limitation of act.|
An Act for establishing Pilots, and regulating their Fees.
|I WHEREAS it is necessary, for the safety and preservation of ships and vessels coming into the bay of Chesapeak, bound up the rivers of this dominion, that able and experienced pilots should be established, to conduct such vessels, for reasonable fees, to their several moorings, and to prevent ignorant or unskilful persons from undertaking such pilotage: Be it therefore enacted by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That the courts of the several counties of Princess-Anne, Norfolk, Nansemond, Chesterfield, Elizabeth-City, York, Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, are hereby directed to nominate and appoint three fit persons, in their respective counties, who shall, upon being so appointed, examine every person who shall desire to be admitted a pilot, he first paying down to the said examiners the sum of twenty shillings; and if, upon such examination, the person shall appear of sufficient skill and ability, the said examiners shall thereupon grant such person a branch, and thenceforth he shall be reputed a lawful pilot.|| Preamble. |
Examiners of pilots, how appointed.
|II. Provided, That no person whatsoever shall be permitted to execute the business of a pilot, notwithstanding he may have such branch as aforesaid, unless he or the company to which he belongs shall keep one sufficient pilot boat, rigged and provided according to the usual manner, of eighteen feet keel at the least, under the penalty of fifty pounds for every ship or vessel such pilot shall undertake to conduct, to be recovered||How pilots shall be provided with boats &c.|
|with costs, by action of debt, in any court of record of this dominion, by the informer, or party suing for the same, to his or their own use: And if any person not having such branch, and keeping such boat as aforesaid, shall presume to take upon himself to conduct or pilot any ship or vessel coming from sea to any place or places herein after mentioned, every such person shall forfeit and pay for the first offence ten pounds current money, for the second offence twenty pounds, and for every offence thereafter forty pounds, of like money, to be recovered with costs, by action of debt, in any court of record of this dominion, by the informer, or party suing for the same, to his or their own use; and, moreover, such person shall be liable for all damages occasioned by his undertaking the pilotage, to be recovered by action at the common law, at the suit of the party or parties aggrieved.|| |
|III. Provided, That this act shall not extend, or be construed to extend, to hinder any person or persons from assisting any ship or vessel in distress, or subject such person or persons to the penalty thereof, so as he or they shall deliver up such ship or vessel to the pilot, who shall come on board and offer to undertake the conduct of her, for which such assistant shall and may demand and take half the fees allowed for pilotage by this act.||Proviso.|
|IV. And whereas great inconveniences have arisen from pilots entering into combination or partnership, which has occasioned great neglect of their duty: For Prevention whereof, Be it further enacted, by the authority aforesaid, That from and after the tenth day of April next, no more than two pilots shall be in partnership, under the penalty of one hundred pounds to the informer; to be recovered with costs, by action of debt, in any court of record of this dominion.||Restrictions as to partnerships.|
|V. And for the better encouragement of pilots to do their duty, Be it further enacted, by the authority aforesaid, That all pilots shall keep a good lookout, and that every master of a merchant's vessel coming from sea shall be obliged to receive the pilot who first offers to conduct his vessel, or shall pay him half pilotage to the first port, and then may continue the same, or choose another pilot, or proceed without any pilot, if he thinks fit; and if any pilot not being hindered by sickness, or other lawful cause, shall refuse to go on board any vessel, when required by the master, to execute||What vessels compellable to receive pilots.|
|his office, he shall, upon complaint and conviction of such refusal before the examiners, be liable to be suspended by them for such term or time as they shall think fit.|
|VI. And be it further enacted, by the authority aforesaid, That if any pilot shall negligently or carelessly lose any vessel under his care, and be therefore convicted by due course of law, he shall for ever after such conviction be incapable of acting as a pilot in this colony, and shall also be liable to pay all such damages as any person or persons shall sustain by such negligence or carelessness, to be recovered as is before directed.||Penalty for negligence.|
|VII. And for preventing any exorbitant demands for pilotage, Be it further enacted by the authority aforesaid, and it is hereby enacted, That the following, and no greater prices, shall be taken or demanded, to wit:|
| On James River, for all Ships, Snows or Brigantines.
|Rates of pilotage.|
|And the same fees back again, from the several places aforesaid, to the capes, and no more; and for all sloops and schooners, two thirds of the rates of pilotage: And that every master of a ship or vessel shall give reasonable notice to the pilot he shall employ of the time and place such master shall appoint for his attendance, and such pilot shall attend accordingly, and may demand and take the sum of seven shilling and six pence for every day he shall be detained by such masters, not being ready to proceed according to his notice as aforesaid; and if any pilot shall demand or exact any other greater fee, he shall forfeit double the pilotage so demanded, recoverable before a justice of peace, with costs, by the former to his own use.|
|VIII. Provided always, That no masters of ships or vessels shall be obliged to take a pilot who shall not offer himself below the horseshoe; but every ship or vessel having no pilot on board, and following another that has a pilot, shall pay him half fees.||Half pilotage.|
|IX. And to the end that strangers may not be imposed on in the rates of pilotage, as settled by this act, Be it therefore enacted, by the authority aforesaid, That every pilot appointed in pursuance of this act shall be obliged, when he is in the execution of his office, to carry with him a copy thereof; and when he receives his fees for services performed on board any ship or vessel, he shall produce the said copy to the master||Pilots to produce copy of this act.|
|of such ship or vessel, to show that he demands no greater fee or reward than what is allowed by this act: and if any such pilot shall neglect or refuse to produce such copy as aforesaid, he shall forfeit and pay twenty pounds to any person who shall sue for the same, to be recovered with costs, in any court of record within this dominion.|
|X. And for the further encouragement of pilots to do their duty, Be it also enacted, by the authority aforesaid, That every pilot having obtained a branch as aforesaid shall be, and is hereby exempt from appearing at any muster of the militia during the time he shall continue to act as a pilot.||Branch pilots exempted from militia duty.|
|XI. And be it further enacted, by the authority aforesaid, That this act shall continue and be in force from and after the tenth day of April next, for and during the term of three years, and from thence to the end of the next session of assembly.||Limitation of act.|
|I. WHEREAS an act of assembly, made in the thirty-second year of the reign of his late majesty, entitled, an act for reducing the several acts for licensing pedlars & preventing frauds in the duties upon skins & furs, into one act, which was amended by another act made for that purpose in the first year of his present majesty's reign, hath hitherto been found ineffectual to prevent the frauds and abuses committed and carried on by people under the name of pedlars, particularly in the exportation of skins and furs, without paying any duty: For remedy, whereof: Be it therefore enacted, by the Lieutenant-Governour, Council, and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the||Pedlars, how licensed.|
|same, That from and after the tenth day of April next no pedlar or other person, whether he be an inhabitant of this colony or not, shall go from place to place, or to other mens houses, and sell, or expose to sale, or barter, any goods or merchandize whatsoever, without license first obtained, according to the directions of this act, that is to say: that the general court of this colony shall be, and are hereby authorized and empowered, from time to time, to grant, or refuse, at their discretion, to any person or persons applying for the same, license or licenses to trade during the term of one year from thence next following, and no longer; the party obtaining such a license first entering into bond, with good and sufficient security to our sovereign lord the king, his heirs and successours, in the penalty of one hundred pounds, with condition that he will not export, or cause to be exported with his privity or knowledge, any skins or furs, either by land or water, without first paying the duties imposed on such skins and furs by one act of assembly made in the twenty-second year of the reign of his late majesty, entitled, An act for the better support of the college of William and Mary, and shall also make oath and swear to the same effect, and pay down the sum of twenty shillings for the use of the governour or commander in chief of this colony for the time being, the sum of five pounds for the use of the college of William and Mary, and the further sum of twenty shillings to the clerk of the general-court for writing the same, and the bond aforesaid, which bond shall be by him lodged in the secretary's-office of this colony.|| Fees. |
|II. And be it further enacted, That if any pedlar, or other person as aforesaid, shall, after the said tenth day of April, be found travelling or trading without such license as aforesaid, such person shall forfeit and pay for every several dealing or trading the sum of five pounds, one moiety to the College of William of Mary, for the better support thereof, and the other moiety to the informer, to be recovered with costs, by petition in a summary manner, in any court of record of this dominion, without the solemnity of a jury; and any person intending to sue for such penalty may apply to any justice of the peace, who is hereby authorized, empowered and directed, to issue his warrant to cause such pedlar or other person||Penalty for trading without license.|
|to be brought before him, or some other justice of the peace: and thereupon, in case such pedlar or other person shall refuse to give security for his appearance at the next court to be held for that county in which such information shall be made, to commit him to the gaol of the said county until he shall give such security to appear at the next court and answer such complaint, which court are hereby authorized and empowered to proceed to trial immediately, and grant judgment against such pedlar, or other person, for such penalty, in manner aforesaid; and in case such pedlar, or other person, after conviction, shall refuse or delay to make present payment of the said penalty and costs, either in money or goods, to the value, in the judgment of the court before whom such conviction shall be, it shall and may be lawful for such court to order the person so convicted thirty-nine lashes on his bare back, well laid on, and he shall be from thenceforth discharged from the payment of the said penalty for that time.|
|III. And be it further enacted, by the authority aforesaid, That if any collector appointed, or to be appointed in pursuance of the said act, made in the thirty-second year of his said late majesty's reign, shall refuse or neglect to account with the president and masters of the college of William and Mary for the time being, in the months of April and October annually, for all and every sum and sums of money received by him as collector of the said duties, he shall forfeit and pay the sum of twenty shillings for every such refusal or neglect; one half whereof shall be to the use of his majesty, his heirs and successours, for and towards the better support of the college of William and Mary, and the other half to the informer, and shall and may be recovered by action of debt or information in any court of record within this colony.||Penalties on collectors failing to account.|
|IV. And be it further enacted, That all and every other act and acts of assembly heretofore made for or concerning any thing within the purview of this act, shall, from and after the said tenth day of April next, be, and they are hereby, repealed and made void, to all intents and purposes whatsoever.|
| CHAP. XV. |
An Act for establishing several new Ferries.
|I. WHEREAS it is represented to this present general-assembly that publick ferries at the places hereafter-mentioned will be of great advantage to travellers, and others: Be it therefore enacted by the Lieutenant Governour, Council, and Burgesses, of this present General-Assembly, and it is hereby enacted, by the authority of the same, That publick ferries be constantly kept at the following places, and that the rates for passing the same shall be as follow, that is to say: from the land of William Ingles, in the county of Augusta, over New-River to the opposite shore, the price for a man threepence, and for a horse the same; from the land of Richard Fox, in the county of Lunenburg, over Roanoke River to the land of James Blanton, opposite thereto, the price for a man threepence, and for a horse the same; from the land of Nathaniel Barksdale, in the county of Halifax, over Staunton river to the land of James Hunt, in the county of Lunenburg, for a man threepence, and for a horse the same; from the land of Samuel Earle, in the county of Frederick, over Shannando River to the land of the right honourable the lord Fairfax, in the said county, for a man threepence, and for a horse the same; from the land of William Harwood, in the county of Lunenburg, to the land of William Royster, in the said county, the price for a man threepence, and for a horse the same; and for the transportation of wheel-carriages, tobacco, cattle, and other beasts, at any of the ferries aforesaid, the ferry-keeper may demand and take the following rates, that is to say: for every coach, chariot, or waggon, and the driver thereof, the same as for six horses; for every cart, or four-wheel chaise, and the driver thereof, the same as for four horses; for every two-wheel chaise, or chair, the same as for two horses; for every hogshead of tobacco as for one horse; for every head of neat cattle as for one horse; for every sheep, goat or lamb, one fifth part of the ferriage of one horse; and for every hog one fourth part of the ferriage of one horse, according to the prices herein before settled at such ferries respectively and|| New ferries established. |
|no more; and if any of the said ferry-keepers shall presume to demand or receive from any person or persons whatsoever any greater rate than is hereby allowed for the carriage or ferriage of any thing whatsoever, he or they, for every such offence, shall forfeit and pay to the party aggrieved the ferriage demanded and received, and ten shillings, to be recoved with costs before any justice of the peace of the county where such offence shall be committed. And where a ferry is by this act appointed on one side of a river, and none on the other side answerable thereto, it shall be awful for the respective county-courts to appoint an opposite ferry, and to allow the respective rates herein before directed; and such courts shall and may, and are hereby required, to order and direct what boat or boats, and what number of hands, shall be kept at each ferry respectively: and every such ferry-keeper shall enter into bond in the manner directed by one act of assembly made in the twenty-second year of his late majesty's reign, entitled, An act for the settlement and regulation of ferries, and for despatch of publick expresses; and shall be subject and liable to the penalties thereby inflicted, for any neglect or omission of their duty.|
|II. And be it further enacted by the authority aforesaid, That from and after he passing of this act it shall and may be lawfull to and for the ferry-keeper at Tyler's in the county of Westmoreland, over Potowmack river to Cedar-Point, in the province of Maryland, to demand and take for the transportation of a man over the said ferry two shillings and sixpence, and for a horse the same; and for carriages, cattle, and other beasts, the same proportion as is herein before appointed for the transportation of such things over the ferries by this act established, any law, custom or usage, to the contray thereof, in any wise, notwithstanding.|
|Pages 539-563||Pages 590-613|